Legal issues

The success of Android has made it a target for patent and copyright litigation between technology companies, both Android and Android phone manufacturers having been involved in numerous patent lawsuits and other legal challenges.

Patent lawsuit with Oracle

On August 12, 2010, Oracle sued Google over claimed infringement of copyrights and patents related to the Java programming language. Oracle originally sought damages up to $6.1 billion, but this valuation was rejected by a United States federal judge who asked Oracle to revise the estimate. In response, Google submitted multiple lines of defense, counterclaiming that Android did not infringe on Oracle's patents or copyright, that Oracle's patents were invalid, and several other defenses. They said that Android's Java runtime environment is based on Apache Harmony, a clean room implementation of the Java class libraries, and an independently developed virtual machine called Dalvik. In May 2012, the jury in this case found that Google did not infringe on Oracle's patents, and the trial judge ruled that the structure of the Java APIs used by Google was not copyrightable. The parties agreed to zero dollars in statutory damages for a small amount of copied code. On May 9, 2014, the Federal Circuit partially reversed the district court ruling, ruling in Oracle's favor on the copyrightability issue, and remanding the issue of fair use to the district court.

In December 2015, Google announced that the next major release of Android (Android Nougat) would switch to OpenJDK, which is the official open-source implementation of the Java platform, instead of using the now-discontinued Apache Harmony project as its runtime. Code reflecting this change was also posted to the AOSP source repository. In its announcement, Google claimed this was part of an effort to create a "common code base" between Java on Android and other platforms. Google later admitted in a court filing that this was part of an effort to address the disputes with Oracle, as its use of OpenJDK code is governed under the GNU General Public License (GPL) with a linking exception, and that "any damages claim associated with the new versions expressly licensed by Oracle under OpenJDK would require a separate analysis of damages from earlier releases". In June 2016, a United States federal court ruled in favor of Google, stating that its use of the APIs was fair use.

Anti-competitive challenges in Europe

In 2013, FairSearch, a lobbying organization supported by Microsoft, Oracle and others, filed a complaint regarding Android with the European Commission, alleging that its free-of-charge distribution model constituted anti-competitive predatory pricing. The Free Software Foundation Europe, whose donors include Google, disputed the Fairsearch allegations. On April 20, 2016, the EU filed a formal antitrust complaint against Google based upon the FairSearch allegations, arguing that its leverage over Android vendors, including the mandatory bundling of the entire suite of proprietary Google software, hindering the ability for competing search providers to be integrated into Android, and barring vendors from producing devices running forks of Android, constituted anti-competitive practices. In August 2016, Google was fined US$6.75 million by the Russian Federal Antimonopoly Service (FAS) under similar allegations by Yandex. The European Commission issued its decision on July 18, 2018, determining that Google had conducted three operations related to Android that were in violation of antitrust regulations: bundling Google's search and Chrome as part of Android, blocking phone manufacturers from using forked versions of Android, and establishing deals with phone manufacturers and network providers to exclusively bundle the Google search application on handsets (a practice Google ended by 2014). The EU fined Google for €4.3 billion (about US$5 billion) and required the company to end this conduct within 90 days. Google filed its appeal of the ruling in October 2018, though will not ask for any interim measures to delay the onset of conduct requirements.

On October 16, 2018, Google announced that it would change its distribution model for Google Mobile Services in the EU, since part of its revenues streams for Android which came through use of Google Search and Chrome were now prohibited by the EU's ruling. While the core Android system remains free, OEMs in Europe would be required to purchase a paid license to the core suite of Google applications, such as Gmail, Google Maps and the Google Play Store. Google Search will be licensed separately, with an option to include Google Chrome at no additional cost atop Search. European OEMs can bundle third-party alternatives on phones and devices sold to customers, if they so choose. OEMs will no longer be barred from selling any device running incompatible versions of Android in Europe.

Others

In addition to lawsuits against Google directly, various proxy wars have been waged against Android indirectly by targeting manufacturers of Android devices, with the effect of discouraging manufacturers from adopting the platform by increasing the costs of bringing an Android device to market. Both Apple and Microsoft have sued several manufacturers for patent infringement, with Apple's ongoing legal action against Samsung being a particularly high-profile case. In January 2012, Microsoft said they had signed patent license agreements with eleven Android device manufacturers, whose products account for "70 percent of all Android smartphones" sold in the US and 55% of the worldwide revenue for Android devices. These include Samsung and HTC. Samsung's patent settlement with Microsoft included an agreement to allocate more resources to developing and marketing phones running Microsoft's Windows Phone operating system. Microsoft has also tied its own Android software to patent licenses, requiring the bundling of Microsoft Office Mobile and Skype applications on Android devices to subsidize the licensing fees, while at the same time helping to promote its software lines.

Google has publicly expressed its frustration for the current patent landscape in the United States, accusing Apple, Oracle and Microsoft of trying to take down Android through patent litigation, rather than innovating and competing with better products and services. In August 2011, Google purchased Motorola Mobility for US$12.5 billion, which was viewed in part as a defensive measure to protect Android, since Motorola Mobility held more than 17,000 patents. In December 2011, Google bought over a thousand patents from IBM.

Turkey's competition authority investigations about default search engine in Android, started in 2017, led to a US$17.4 million fine in September 2018 and a fine of 0.05 percent of Google's revenue per day in November 2019 when Google didn't meet the requirements. In December 2019, Google stopped issuing licenses for new Android phone models sold in Turkey.