If even has to pay the full $8.8 billion sought by Oracle in an upcoming San Francisco copyright trial over the Android operating system, it will have no impact on Google’s economy, as per shareholders and analysts.
Oracle claims Google’s Android violated its copyright on parts of the Java programming language, while Google says it should be able to use Java without paying a fee under the fair-use provision of copyright law.
he case previously went to trial in 2012, but a jury deadlocked. If the new jury, in the trial starting on Monday, rules against Google on fair use, then it will consider damages.
Google took in $75 billion in revenue in 2015, so even a large verdict for Oracle would have little impact on investors because it would be a one-time charge, said Mike Bailey, director of research at FBB Capital Partners, which holds shares in Alphabet, Google’s parent company.
Oracle is also seeking an injunction against Google’s future use of Java in Android, which would give Oracle more leverage to negotiate an ongoing royalty. However, such an injunction would have to be issued by a judge, not a jury, and legal experts believe that is a remote possibility.
Oracle’s expert then calculated Android profits at $11.4 billion, of which he concluded Oracle is entitled to $8.8 billion.
However, Google says Oracle has vastly overstated Java’s role in the success of Android.
In a ruling this week, Alsup said Oracle’s damages expert will be allowed to testify about the $8.8 billion figure but cannot tell jurors they should award the entire amount.