Myriad Group Sues Oracle America about Java Agreement

By Ed Silverstein December 16, 2010

Myriad Group AG sued Oracle America because Oracle America allegedly “breached” obligations under the Java Specification Participation Agreement (JSPA).

Myriad said it and its customers were “economically disadvantaged” because of the company’s actions, according to a company statement.

In the legal complaint, Myriad said Oracle tried to get an “unfair advantage” in “downstream markets.”

Oracle also allegedly tried to exclude Myriad from this market by claiming that Myriad's products are, or contain, “Oracle Optimized Implementations.”

Myriad responds that it does not now nor never has used “Oracle Optimized Implementations” in any of its products.

In addition, Oracle has collected “exorbitant royalties” from Myriad and its customers for “the use of code that is not found in Myriad independently optimized offerings,” Myriad said.

“Oracle seeks to impose costs on Myriad equal to or higher than its own downstream price, thus preventing Myriad from effectively competing, and imposing unjustified charges on Myriad's customers,” Myriad added.

In addition, when Myriad tried to protest, Oracle denied Myriad access to Technology Compatibility Kits (TCKs) “needed to certify Java compliance of Myriad's products, and to falsely represent to Myriad's customers that Myriad is no longer licensed to create Java-compliant products,” said Myriad.

Myriad said that this is the same “false claim that is the basis for Oracle's competing lawsuit against Myriad filed with the US District Court for the Northern District of California.”

“Oracle erroneously claims that because Myriad is failing to pay royalties for use of Oracle Optimized Implementations it is creating Java-branded software without a license,” Myriad adds. “But Myriad does not owe any such royalties because it does not use Oracle's Optimized Implementations. Myriad also holds an independent, preexisting license to engage in Java implementations, by virtue of Myriad's cooperation with Oracle / Sun and other technology companies in developing Java specifications as part of the ‘Java Community Process.’"

Myriad is seeking both punitive damages and the return of $120 million in “overpaid royalties,” according to a report carried on TechZone360.

The lawsuit was filed in the U.S. District Court in Delaware.

An Oracle spokeswoman did not return voice-mail and e-mail messages seeking immediate comment, according to a report from SFGate.

Myriad is a mobile technology provider. It has shipped over 3.7 billion software apps on more than 2.2 billion phones, according to the company’s website.

Ed Silverstein is a TechZone360 contributor. To read more of his articles, please visit his columnist page.

Edited by Jaclyn Allard

TechZone360 Contributor

Related Articles

CES 2018: Terabit Fiber - Closer Than We Think

By: Doug Mohney    1/17/2018

One of the biggest challenges for 5G and last mile 10 Gig deployments is not raw data speeds, but middle mile and core networks. The wireless industry…

Read More

10 Benefits of Drone-Based Asset Inspections

By: Frank Segarra    1/15/2018

Although a new and emerging technology, (which is still evolving), in early 2018, most companies are not aware of the possible benefits they can achie…

Read More

VR Could Change Entertainment Forever

By: Special Guest    1/11/2018

VR could change everything from how we play video games to how we interact with our friends and family. VR has the power to change how we consume all …

Read More

Making Connections - The Value of Data Correlation

By: Special Guest    1/5/2018

The app economy is upon us, and businesses of all stripes are moving to address it. In this age of digital transformation, businesses rely on applicat…

Read More

3 Ways to Improve Your VR Projects

By: Ellie Martin    1/4/2018

There is no denying that VR is here and will most likely only increase in velocity as a terminal speed is yet to be even hypothesized. That is why it …

Read More