Now, however, that choice is revealed as counter productive in this instance: if dalvik had been based on the JVM reference platform (and thus become licensed under GPL itself), it would have been a derived work of the Sun/Oracle reference platform and would be subject to the GPL implicit patent grant. Oracle could not have sued Google without causing the termination of distribution rights for the entire JVM derived system (for everyone) and thus making a direct attack on a key pillar of the open source ecosystem. I think even Larry Ellison would hesitate before going down that path ...
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