SOFTWARE DEVELOPER Oracle has been given the go-ahead to use a controversial internal email in its battle against Google over alleged copyright and patent infringement.
According to Reuters US District Court Judge William Alsup told the companies yesterday that the email, which Google has attempted to keep out of the proceedings, can be submitted to the court.
The email, we learned earlier this week, was from a Google engineer and discussed the possibility of licensing Java for use in Android.
Reuters reports that the Google engineer drafted the email shortly before Oracle filed its lawsuit. According to the report the email said that the alternatives to using Java "suck", and recommended that Google negotiate a licence to use Oracle's acquisition.
Judge Alsup upheld a ruling that the email was not protected by the attorney client privilege and could be entered into evidence. "Google has failed to identify any aspect of the challenged order that was clearly erroneous or contrary to law," he wrote in his ruling.
Yesterday Judge Alsup postponed the trial and raised the suggestion that another judge oversee processings. µ