Sketch by Vickie Behringer

Google CEO Larry Page will take the stand again in the company's courtroom tussle with Oracle over whether Android infringes on Java patents and copyrights, but the story line for the search giant is set.

The crux of Google's argument goes like this:

Java code was available to the public free.

Google did nothing wrong developing Android.

And Oracle is annoyed because it and Sun failed to popularize Java-based smartphones.

Those bullets are designed to counter Oracle's argument that Google ripped off Java and called it Android.

Google's pyrotechnics in its opening statement come as it argues that Java has been a failure in phones. Check out Google's money slides and the liberal use of the "Failed" stamp in bright red.

The takeaway here is clear. Oracle and Sun failed to monetize Java on the mobile front, and now Oracle is trying to use the courts to achieve what they couldn't do in the marketplace.

Is Oracle merely whining or does it have a case?

This story originally appeared at ZDNet's Between the Lines under the headline "Google: Oracle, Sun failed at Java smartphone now stop whining."