Oracle claims to find a smoking gun in Google case -

Oracle claims to have found a smoking gun in its case against Google.

As the trial between the two giants kicks off, an Oracle brief quoted emails between top executives at Google as its proof that Google took its intellectual property to gain an edge in the lucrative smartphone market.

The opening statements between Oracle and Google began yesterday in a San Francisco federal court. Oracle sued Google in August 2010 over patent and copyright claims for the Java programming language.

Oracle claims that Google's Android operating system tramples on its intellectual property rights to Java, which it acquired when it bought Sun Microsystems in 2010.

Google thinks this is porkies and Android does not violate Oracle's patents and that Oracle cannot copyright certain parts of Java.

It is expected to try the patence of US District Judge William Alsup for at least eight weeks. Whatever will be decided will be appealed.

Oracle attorney Michael Jacobs told the court that Google took copyrighted Java "blueprints" so developers could write applications for Android. Google never paid for a licence, he said.

Google's opening statement is scheduled to take place today.

Jacobs showed the jury the Google emails. One from 2005 has Android chief Andy Rubin telling Google co-founder Larry Page to pay for a licence to Sun.

But a May 2007 email from Rubin to then-CEO Eric Schmidt shows that Google consciously decided against taking a licence. In the email, Rubin said that he had enough of dealing with Sun and it would not be happy when Google released Android.

Google's Prosser said Java inventors cheered Android when it was released but Sun executives were not happy.

Jacobs said that Oracle's CEO, Larry Ellison, would likely be Oracle's first live trial witness possibly even today and Google CEO Larry Page to be among its first witnesses.