In August 2010, Oracle sued Google over infringement of Java patent. Oracle alleged that Google has copied the Java code as it is to develop the Android and Dalvik virtual machine. Oracle had also amended the complaint and included line-by-line comparison of code between Java and Android. However, Google claimed the same to mislead.

Now, the situation changed dramatically. Florian Muller, a software expert writing on patents, published a long examination report on his blog ‘FOSS Patents’ with 37 files of Android 2.2 source code.

Muller considered Oracle’s issue about infringement of Java patent. He downloaded Android 2.2 source code and examined it with Java2 Standard Edition 5. He found these 37 files exactly similar to those of Java technology and even these are marked with “CONFEDENTIAL/PROPRIETARY” by Sun Microsystems. Oracle acquired the Sun, Java Inventor last year.

Florian Muller said that the code could not be relicensed legally under the Apache license by anyone else except right holder Sun or Oracle, if it has been already licensed under GPL or proprietary license.