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Oracle wants $8.8 billion in damages from Google

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Larry Ellison
Larry Ellison, Oracle's CTO and executive chairman.  AP Photo/Eric Risberg

The next round of Oracle's ongoing copyright lawsuit against Google over Android will begin on May 9. And Oracle is going to try to convince the jury that Google owes it $8.8 billion, reports James Niccolai at IDG News Service.

This comes from court documents filed in the case, Niccolai reports, and it confirms what Business Insider previously learned about Oracle's plans to ask for billions in damages.

Oracle and Google have been duking it out in court for years over Android's use of certain parts of Java, a programming language acquired by Oracle when it bought Java's creator, Sun Microsystems, in 2009.

This new jury trial will decide whether Google had the right to use the code for free or if Google owes Oracle damages and how much. Google has been arguing that its use of Java is covered by fair use, which allows limited copying, meaning that it doesn't owe Oracle any damages.

Oracle is justifying the damages claim with two arguments. It plans to reveal information about how much Google is profiting from Android, to show that it's a multibillion-dollar business for Google, which doesn't report Android-related revenue.

And Oracle also intends to argue that Java once had a fledgling mobile operating-system business and that Android should be blamed for its failure to become a multibillion-dollar business.

But to put that $8.8 billion in context, that's more than what Oracle paid for all of Sun Microsystems, which was a big tech company at the time that made computers, servers, the chips that run these devices, and Java, among other things. Oracle paid $7.4 billion for Sun, but it cost Oracle more like $5.4 billion if you subtract Sun's cash on hand.

Or compare the damages number to this: Oracle brought in $9.01 billion in revenue for all of its products combined last quarter.

But just because Oracle asks, that doesn't mean the damages will stick. Oracle originally sued Google for $6 billion in 2011 over Android, but the judge at that time rejected the amount as being far too high.

And there's still a chance that the jury will side with Google and not award Oracle significant damages at all.

Oracle declined to comment for this story.

This story originally reported that Oracle would demand $9.3 billion but we have since learned that the figure is closer to $8.8 and the story has been updated to reflect the change.

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Julie Bort was Business Insider's Editor at Large for the Tech team. She loves investigating stories and shedding light on the tech industry's most amazing people.Here's a small sample of some of Julie's work.Former Pinterest employees describe a traumatic workplace where managers humiliate employees until they cry, Black people feel alienated, and the toxic culture 'eats away at your soul'Sex, tequila, and a tiger: Employees inside Adam Neumann's WeWork talk about the nonstop party to attain a $100 billion dream and the messy reality that tanked itInsiders say WeWork's IT is a patchwork of cheap devices and Band-Aid fixes that will take millions to fixWeWork's toxic phone booths were created in-house by its Powered by We business70-hour weeks and 'WTF' emails: 42 employees reveal the frenzy of working at Tesla under the 'cult' of Elon MuskElon Musk works so many hours at Tesla, employees are constantly finding him asleep under tables and desksHow this woman went from a Pizza Hut employee to a founder of a $4 billion startupAn Oracle insider explains how some salespeople gamed the system to sell more cloudTHE TAKEDOWN OF TRAVIS KALANICK: The untold story of Uber's infighting, backstabbing, and multimillion-dollar exit packagesMicrosoft is in talks to buy GitHub, a startup at the center of the software world last valued at $2 billionThe alarming inside story of a failed Google acquisition, and an employee who was hospitalizedInside Facebook's plan to eat another $350 billion IT marketHow a registered sex offender wound up living in an Airbnb hosting unsuspecting guestsA controversial ex-banker is the person who really runs Twitter — and he's gambling the company's future on one risky betSecret passages and skipped meals: Oracle's CEO gave us a rare peek at what it really takes to run a $37 billion companyHP told some employees to choose between becoming contractors with no benefits or being fired without severance'I felt like we were being extorted': Customer says Oracle tried to strong-arm him into a cloud saleHow the queen of Silicon Valley is helping Google go after Amazon's most profitable businessAirbnb host: A guest is squatting in my condo and I can't get him to leaveLIES, BOOZE, AND BILLIONS: How one of the fastest-growing startups in Silicon Valley history raised $580 million then spiraled out of controlGitHub is undergoing a full-blown overhaul as execs and employees depart — and we have the full inside storyWhen she's not writing for Business Insider, Julie can usually be found on the trails, on my mountain bike, or on my skis, if you know where to look.