The legal action between Google and Oracle about the use of patented Java technology in Android rumbles on, with Google responding to the latest claims by arguing that – among other things – it is not responsible for the actions of third parties offering products using the platform. In an amended filing made this week, it notes: “any use in the Android Platform of any protected elements of the works that are the subject of the Asserted Copyrights was made by third parties without the knowledge of Google, and Google is not liable for such use.” In addition to passing the buck with regard to the blame, it asserts that “the Android Platform, including the Android operating system, the Android Software Development Kit and the Dalvik Virtual Machine, was created independently and without reference to any works protected by the Asserted Copyrights.”

In its filing, Google also says that the examples of Java source code provided to illustrate the infringements in Android were inaccurate, claiming that “Oracle has redacted or deleted from the materials shown…both expressive material and copyright headers that appear in the actual materials, which are significant elements and features of the files in question.” Again, Google also questioned Oracle’s position on open source, arguing that the actions of it and Sun Microsystems, the company behind the development of Java which was subsequently acquired by Oracle, meant that it was “reasonable to infer that Oracle did not intend to enforce its patents… Google relied on the misleading conduct, and Google will be materially prejudiced if Oracle is allowed to proceed with its claim.” Oracle is not the only company suing Google over its Android work: digital security company Gemalto has also filed a suit about Java patent infringements, also naming HTC, Motorola and Samsung. Microsoft is also suing Motorola about patent infringements in its Android devices.