Oracle Fights Payment of Google’s $4M Android Legal Bill

Judge William Alsup must decide whether Oracle must pay Google’s $4 million legal bill in the battle over the Android mobile operating system Photo: walknboston/Flickr.

Google says Oracle should pay the $4 million in legal fees it incurred during this spring’s legal battle over the Android mobile operating system. But Oracle says otherwise.

In a brief filed with a San Francisco federal court on Monday, Oracle argues that it doesn’t owe Google a penny, citing other groundbreaking cases involving disputes over intellectual property.

“Because this case presented novel and difficult legal issues, had broad implications for the computer software industry, resulted in a mixed judgment, and was litigated in good faith, the Court should exercise its discretion to deny costs, as other courts have done in analogous circumstances,” writes Oracle lead counsel Mike Jacobs.

Earlier this month, Google argued that Oracle should cover its estimated $4 million in legal costs because judge and jury denied most of Oracle’s claims that the search giant had infringed on its intellectual property in building Android. Details of Google’s expenses were filed under seal, but they include paying court-appointed expert witnesses and the management of a staggering 97 million legal documents.

Oracle filed suit against Google in August 2010, seven months after acquiring Sun Microsystems, the creator of the Java programming language. The software giant claimed that Google infringed on its Java-related copyrights and patents in building the Android mobile operating system. Among other things, Oracle argued that Google had illegally cloned 37 APIs, or application programming interfaces, that allow Java applications to talk to the Java software platform running on PCs, mobile phones, and other devices.

But after a year of pre-trial wrangling and six weeks in court, Oracle walked away with next to nothing. Judge and jury decided that Google was liable for lifting nine lines of code and two test files, and this translated to exactly zero dollars in damages.

Oracle has said it will appeal the rulings. But two companies still have unfinished business in the court of Judge William Alsup in San Francisco. Now that both sides have filed arguments over Google’s legal fees, Alsup must decided who’s right.

Oracle Motion Denying Google’s Request to Cover Costs

How Do You Break the Olympics Website? Throw a Cloud at It

Photo: 2014lovessocial/Flickr

How do you make sure the official Olympics website can handle the millions of people who will suddenly bombard its servers when the Games kick off this coming weekend?

You get help from the cloud.

In effort to ensure that its site — www.london2012.com — can juggle traffic from an estimated 1 billion people over the three short weeks of the games, the London Olympics Organizing Committee turned to SOASTA, a Mountain View, California, outfit that uses cloud services such as Amazon EC2 and Microsoft Azure to simulate traffic to websites and other online applications inside the world’s businesses.

The company’s engineers spent six months working with the committee to simulate traffic not only to the Olympics website but across the many mobile apps that tie into it. But the process was far simpler than it would have been just a few years ago, according to SOASTA CEO Tom Lounibos.

The difference is that in 2012, you can so easily tap into EC2 and other services that provide instant access to a theoretically unlimited number of virtual servers. Without leaving your desk, you can hoist software onto virtual machines running inside data centers across the globe, using these servers to simulare traffic from almost anywhere.

“In the past, to do the kind of testing we did with the Olympics Committee, you had to spend weeks setting up hundreds — if not thousands — of servers, and you would have spent millions of dollars just trying to do one test,” says SOASTA CEO Tom Lounibos. “With cloud testing, you can simulate 100,000 users within a few minutes. You can get the data from those tests in a matter of minutes. And you can do it for a fraction of the cost.”

The result, says Lounibos, is that the London Olympics website is probably better tested any Olympics site in the web’s short history. “Before this, you probably wouldn’t even run the tests,” he says, pointing to the extreme costs of testing without the help of the cloud.

Of course, the flip side is that with the rise of the mobile internet, these tests are more important than ever before.

Known as CloudTest, SOASTA’s testing tool taps into 17 cloud services around the world, including Amazon EC2 and Microsoft Azure as well as similar services from IBM, the Texas-based Rackspace, and smaller outfits such the San Francisco-based GoGrid. In testing the Olympics website, the company simulated activity from servers running everywhere from the United States to Europe to Hong Kong, hitting the site with traffic from as many as 500,000 virtual machines at any given time.

According to Lounibos, SOASTA has ensured that the site can handle traffic from as many as 1 billion people over the course of the games. But not everyone is so sanguine.

Yottaa — a Boston-based outfit that helps companies monitor and improve the performance — says that the official Olympics website is woefully unprepared from the coming onslaught of traffic. Judging from the company’s outside examination of the site, Yottaa CEO Coach Wei says that the size of the images, JavaScript files, and other content at london2012.com is far higher than you see on the average website, and that loading each page requires far too many round trips. All this, he says, will cause big slowdowns when the traffic starts to hit.

“In general, the performance of the site is way below average,” Wei says. “If they don’t make changes and the traffic increases by 100 times, it will have real problems.”

Wei sees much the same problem with the Olympics website run by NBC, which — at least here in the States — will likely get far more traffic than london2012.com. You can certainly argue with his assessment. But any dispute is easily settled. Or at least it will be in about five days.

Networking Giant Cisco Slashes 1,300 Jobs

Cisco — the world’s largest networking hardware company — is eliminating about 1,300 jobs as it continues to cut costs.

The cuts, announced Monday, amount to about 2 percent of its global workforce. “These actions, subject to local legal requirements, including consultation where required, are part of a continuous process of simplifying the company, as well as assessing the economic environment in certain parts of the world,” Karen Tillman, vice president of corporate communication, told Wired.

The company is facing increasing competition from networking upstarts across the globe, including American outfits such as Arista and the Chinese manufacturer Huawei Technologies. Web giants such as Google, Amazon, Microsoft, and Facebook have already started buying some switches directly from the manufacturers in Taiwan, according to various industry sources.

Mark Fabbi, an analyst with research outfit Gartner, says that although Cisco has long had a knack for locking customers in longterm contracts, the market is starting to open up to new players in a big way. “There are a lot of big customers that have said: ‘Cisco has been good but if we can’t do it on our terms, we’re going to have to go in a different direction,’” Fabbi tells Wired.

On Monday, as Cisco was discussing its cuts, VMware announced that it had agreed to acquire Nicira, a company whose software-based networking platform lets business build networks using commodity hardware bought from anywhere — not just the big name players such as Cisco, HP and Juniper. In more ways than one, the day symbolized the way the world is moving.

“When [VMWare] says: ‘We can make the network go away,’ now you’ve got a very different picture,” Fabbi says.

Image: nmcbean/Flickr

Xerox: Uh, We Didn’t Invent the Internet

The Xerox Alto. Photo: Parc

Who invented the internet?

Wall Street Journal columnist L. Gordon Crovitz took a stab at this question on Monday and settled on Xerox — the copier company whose research and development group, Xerox PARC, invented just about everything people like about the personal computer.

The columnist took exception to Barack Obama’s recent claim that the internet was actually created by government research.

Crovitz’s argument? Well, Xerox had to cook up the internet, because it couldn’t wait for those dithering government researchers to make it happen. Xerox hired Robert Taylor, the guy who ran the Department of Defense’s ARPA (Advanced Research Projects Agency) Information Processing Technologies program in the 1960s to run Xerox PARC’s computer lab.

“If the government didn’t invent the Internet, who did?” Crovitz writes, adding: “Full credit goes to the company where Mr. Taylor worked after leaving ARPA: Xerox.”

Xerox maintains a decade-by-decade list of its technological accomplishments on its website. And while it’s eager to take credit for Ethernet, the graphical user interface, and the PC, Xerox doesn’t take credit for the internet.

Why not? “Robert Metcalfe, researcher at PARC, invented Ethernet as a way to connect Xerox printers and the Alto computer,” Xerox spokesman Bill McKee said on Monday. “But inventing Ethernet is not the same as inventing the internet.”

In other words, don’t confuse a network of computers with the birthplace of TCP/IP and lolcats.

To be fair, Xerox invented a lot more than just Ethernet. And many of the things that came out of Xerox — the PC and the graphical user interface — were crucial to the internet as we know it today, according to Robert Taylor, who we interviewed Monday.

To hear Taylor tell it, finding the inventor of the internet is a bit like finding the inventor of the blues. It’s origins are murky and complex.

“The origins of the internet include work both sponsored by the government and Xerox PARC, so you can’t say that the internet was invented by either one alone,” he says.

So would the internet have been invented without the government? “That’s a tough question,” he says. “Private industry does not like to start brand new directions in technology. Private industry is conservative by nature. So the ARPAnet probably could not have been built by private industry. It was deemed to be a crazy idea at the time.”

In fact, Taylor says, the two biggest computer and telecommunications companies back in the 1960s were pretty hostile to two of the big ideas behind the internet: time-sharing computing (IBM liked batch processing) and packet switching (AT&T liked circuit switching).

“Both AT&T and IBM were invited to join the ARPAnet and they both refused,” he says.

Michael Hiltzik, the LA Times journalist who wrote the definitive biography of Xerox PARC, Dealers of Lightning, provides a definitive debunking of Crovitz’s argument here.

VMware Pays $1.26B for the Future of Networking

Martin Casado is the main brain behind Nicira, a company that’s reinventing computing networking. And he will soon work for VMware. Image: Wired/Jon Snyder

When Silicon Valley startup Nicira emerged from stealth mode earlier this year — wielding a new breed of computer network that exists only as software — you got the distinct feeling that VMware spent an awful lot of time kicking itself.

VMware is the king of the virtual server, a machine that exists only as software. The Palo Alto, California, company helps big businesses save both money and space by slotting many virtual machines onto a single physical server, and by some estimates, it controls as much as 80 percent of the market for these software machines. The obvious next step for the outfit is a big move into virtual networks — which simulate networking hardware in much the same way VMware simulates servers — but when Nicira appeared, VMware suddenly found itself years behind the competition.

It’s no surprise then that VMware has agreed to pay $1.26 billion in cash and equity to acquire Nicira, less than six months after the startup officially announced its existence. The deal still requires the approval of regulators, but if all goes to plan, it will close sometime in the second half of the year.

Nicira’s software is already used by such names as AT&T, eBay, Japanese telecom NTT, financial giant Fidelity, and Rackspace, the Texas-based outfit that offers a cloud service along the lines of Amazon Web Services, and the technology underlying the Nicira network controller has heavily influenced Google and perhaps other big name web outfits. As the world moves to the sort of massive cloud services offered by the likes of Google and Amazon, virtual networks — which make it far easier to build such services — become increasingly more important.

For months now, VMware has been pushing the idea of the “software-defined data center,” where storage and networking are virtualized as well as servers, and now, this push makes all the more sense. “This is clearly the architecture for the cloud, and from our perspective, it’s a multibillion-dollar opportunity — networking being central to all of it,” VMware chief technology officer Steve Herrod tells Wired. “The acquisition of Nicira accelerates this vision, but it also complements a lot of work we’ve done so far on this overall mission.”

Martin Casado, the chief technology officer of Nicira, says much the same thing, arguing that virtual networking is the perfect fit for the new breed of cloud services, which offer companies instant access to virtual computing infrastructure. “You’re going to have these big data centers offering pools of computing resources, and those pools of resources are going to have heterogenous technologies underneath,” he tells us. “You need an all-encompassing strategy that ties them all together.”

Nicira calls itself the world’s first network virtualization company. The outfit grew out of Casado’s Stanford University Ph.D. thesis. He founded the company alongside Nick McKeown — his Stanford adviser and a former researcher at HP Labs and Cisco — and Scott Shenker — a University of California, Berkeley professor who had worked at the famed Xerox PARC research lab.

In starting the company, the trio sought to create a new breed of network that could be readily programmed in much the same way we program individual computers. Traditionally, when you bought a piece of networking hardware, such as a router or a switch, you couldn’t really change the software that shipped with it, and this made it extremely difficult to set up a company network — or make changes once it was up and running.

Working alongside various outside researchers, Nicira built something called OpenFlow, a standard way of remotely managing network switches and routers. “Think of it as a general language or an instruction set that lets me write a control program for the network rather than having to rewrite all of code on each individual router,” Shenker told us earlier this year. No less a name than Google soon built the protocol into its own networking hardware, and this is now used to manage traffic between Google’s massive data centers. But Nicira took things a step further.

Casado and company built a new type of virtual networking switch that operates in tandem with the virtual servers supplied by the likes of VMware, and using the OpenFlow protocol, it built a network controller that could oversee the use of these virtual switches. In short, it let companies build extremely complex networks that exist only as software.

This made it easier to set up and configure a network, but it also meant that companies weren’t dependent on traditional networking giants such as Cisco and Juniper. They could build these virtual networks atop commodity network hardware from any seller they chose. The hardware was reduced to merely forwarding packets to and fro. All the complex logic was moved to software.

Yes, there are other ways of building a virtual network. For years, companies have operated Virtual LANs, or VLANs, but these are extremely limited. But Nicira takes the notion of a virtual network to new heights.

“What Nicira has done is take the intelligence that sits inside switches and routers and moved that up into software so that the switches don’t need to know much,” John Engates, the chief technology officer of Rackspace, which has been working with Nicira since 2009, told us earlier this year. “They’ve put the power in the hands of the cloud architect rather than the network architect.”

VMware has long said that it could compete with Nicira. But the technology offered by the companies is quite different.

In order to build its virtual network controller, Nicira created a “tunneling protocol” called STT (Stateless Transport Tunneling), which lets users run one network protocol over a network that’s built for another. STT lets users transport Ethernet data inside packets that use the Internet Protocol, or IP — the protocol that connects machines on the internet. VMware built its own tunneling protocol, known as VXLAN, but the company had yet to build a Nicira-like controller capable of managing a virtual networking with such fine-grained controls.

Last week, Allwyn Sequeira — the chief technology officier and vice president of security and networking at VMware — held a briefing with a handful of reporters to discuss “software-defined networking,” the term that encompasses the sort of software offered by Nicira as well as other software tools that make it easier to configure computer networks. When we asked whether VMware intended to build a network controller akin to Nicira’s, he did not answer directly, but he did acknowledge that VMware did not offer anything that exactly comparable to the software.

But after acquiring Nicira, it will. And as VMware welcomes new CEO Pat Gelsinger — who joins from parent company EMC in September — this is just the shot in the arm the company needs. In much the same way the world moved to virtual servers, it will eventually move to the sort of virtual networks offered by Nicira, and VMware just released itself from behind the eight ball, suddenly becoming the undisputed market leader.

Steve Herrod and Martin Casado tell us that Nicira will be integrated into Vmware’s existing virtual networking team, and Casado says that the combined company will continue to back both the STT protocol and VXLAN. “We definitely want to support as many protocols as makes sense,” he says. “There’s a huge ecosystem popping up around VXLAN that we want to take advantage of.”

In a nice bit of cosmic symmertry, VMware announced its deal on the same day that Cisco announced a 2 percent cut to its workforce. The age of Cisco is on the wane, giving way to the age of Nicira. And VMware.