Google Inc. deprived  the rights to bid to have an internal memo, which proposes licensing, Oracle Corp.‘s Java software closed and redacted from the public record, as part of litigation over Google’s use of Java in its Android mobile phone software.

According to the order  filed Monday in the U.S. District Court for the Northern District of California, Judge William Alsup wrote that Google does not have the rights to have the email sealed from public usage.  It is one of those incomplete drafts that the attorney’s could not protect.

Based on the transcript used on the July 21 hearing, Google employee Tim Lindholm is the one who have written the internal email last year, around two weeks before the court case with Oracle starts.  In the email, it says that Google co-founders Larry Page and Sergey Brin had requested the investigation of the technical alternatives exist to Java for Android case.

The email also reveals that what Google have been thinking about the case.  Google concludes that needed to negotiate to get a license for java.

Last April, Mr. Page upon himself to become the CEO for the company.

Google introduced their Android in 2007.  Since then, the device has gathered popularity from mobile phone users.

By August 2010, the lawsuit  created; Oracle accuses Google about the infringement and copyrights related with Java.  Oracle attains the right when the company buys Sun Microsystems Inc. last year.

According to an expert, hired by Oracle suggested that the damages as the result of Android’s alleged infringement would amount to billions of dollars. However, Judge Alsup recommended to used $100 million to be the starting point in estimating the damages in the case.

On the July 21 hearing, Judge Alsup says the internal Google could be used as an important weapon against Google in the lawsuit.

In the transcript, the judge says that Google will lose this battle.

The Google attorney, Robert Van Nest, replied with the information that the internal proposal to license Java  created after Oracle litigation became a risk factor.

Mr. Van Nest told the judge that they are going to seek billion of dollars, if Google is going to spend a certain amount in the lawsuit. Google CEO apparently asked if they could do something about it.

Android  built from an open-source model by using engineering contributions from beyond the company of Google, has involved the latter company on a number of intellectual-property lawsuits.