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Right. One thing is certain: Google did whatever it could to find a legal loophole in Sun's licensing to let it basically steal Java (I mean, come-on, legal or not, that's exactly what they did. After all, Dalvik has no technical merit over Sun's JVMs - in fact, it's inferior. Its only value to Google was as a means for legal maneuvering). So Google was certainly not acting in good faith, and I think that when someone is not acting in good faith, there's usually a way to nail them, especially if you can afford good lawyers.