decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Uncharted territory | 311 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections Thread
Authored by: hardmath on Monday, April 16 2012 @ 09:23 AM EDT
Not that any should be needed, but to quote Pink, let's get
the party started!

---
Do the arithmetic or be doomed to talk nonsense. -- John McCarthy (1927-2011)

[ Reply to This | # ]

News Picks
Authored by: hardmath on Monday, April 16 2012 @ 09:26 AM EDT
GNU news is good news!

Please give a link to the News Picks article when starting a
discussion/thread.

Thanks!


---
Do the arithmetic or be doomed to talk nonsense. -- John McCarthy (1927-2011)

[ Reply to This | # ]

Off Topic
Authored by: hardmath on Monday, April 16 2012 @ 09:29 AM EDT
Did you hear the one about the gazillionaire who thought he
could copyright a programming language? Turned out he'd had
way too much java.

On topic posts will be punished with similarly ill-conceived
"humor"...


---
Do the arithmetic or be doomed to talk nonsense. -- John McCarthy (1927-2011)

[ Reply to This | # ]

Comes Transcripts
Authored by: hardmath on Monday, April 16 2012 @ 09:33 AM EDT

The Comes Transcripts project pages can be posted here, in Plain Old Text mode for HTML to make cut-and-paste easier.

Or email 'em to PJ if humongous.

Thanks!

---
Do the arithmetic or be doomed to talk nonsense. -- John McCarthy (1927-2011)

[ Reply to This | # ]

I'm not sure I can handle the fast pace of this case...
Authored by: Anonymous on Monday, April 16 2012 @ 09:39 AM EDT
It took years for SCo to get to court. I guess BSF are losing their touch, or
this Judge is wise to them.

[ Reply to This | # ]

Copyright[ing] a computer language? I doubt.
Authored by: Anonymous on Monday, April 16 2012 @ 09:49 AM EDT
What matters now is: can Oracle copyright APIs and can it copyright a computer language? That's what the trial is now about, and the answers to both questions matter enormously to the software industry and to FOSS.

I doubt Oracle will prevail on the question of copyright. If the language is deemed seprate from the APIs, it still cannot be copyrighted because it cannot be "fixed in some medium." How could one do that on a language?

When it comes to the APIs Oracle shot itself in the foot in its submission talking about APIs a few days ago when Oracle stated:

"It is a detailed written description of the programs that explains how the programs are structured, how they are to be used, and what they will do."

. ..."are to be used"... labels APIs as methods of operation and thus cannot be potected by copyright.

[ Reply to This | # ]

Uncharted territory
Authored by: awkScooby on Monday, April 16 2012 @ 10:06 AM EDT
I'm so confused. I thought the next step was for Oracle to declare
bankruptcy...

[ Reply to This | # ]

What if Oracle wins?
Authored by: Anonymous on Monday, April 16 2012 @ 11:17 AM EDT
I sincerely hope that Kernighan and Ritchie sue them for
creating an incompatible version of C.

[ Reply to This | # ]

The most significant software purchase?
Authored by: rsteinmetz70112 on Monday, April 16 2012 @ 01:41 PM EDT
I always though Sun was a hardware company.

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | # ]

Java was getting irrelevant due to SUN and Oracle?
Authored by: IMANAL_TOO on Monday, April 16 2012 @ 01:41 PM EDT
Ooops. From the first report.
Google objects to slide [to be used] in Oracle's opening statement to the jurors citing $7.4B purchase of Sun as being prejudicial.

Oracle states that Java "was the most significant software purchase" that it had made.

From The Register:
Steven Harris, the senior vice president of Oracle's massive application server product development, told EclipseCon Wednesday that the Java Community Process (JCP) - the body officially responsible for making changes to Java - needs to be "tweaked" so that Java could become more responsive to changing needs. Oracle is a long-standing member of Eclipse.

The JCP under former steward and majority owner Sun Microsystems became a by-word for slow-moving bureaucracy and vendor-friendly specs that turned developers off Java and pushed innovation elsewhere.[...]

Google's Android is built on Java, but not Sun's Java - its Dalvik virtual machine makes use of the Apache Software Foundation's version of Java Standard Edition, called Project Harmony, which has not been officially certified. Harmony, on the desktop, is not standardized because Sun would not open-source the test compatibility kits that would have let the project be validated as compatible with the JCP's official standard.

Next, there's the question of how Oracle and the JCP bring the Apache and Google renegades back into the JCP fold. Success would renew the JCP's status while failure will perpetuate the idea that the JCP is irrelevant and keep innovation in Java coming from elsewhere."

So, SUN's Java had already started to putrify, due in part to the JCP and its long-standing members SUN and Oracle.

Strange case. And, it wasn't even SUN's Java, or the Java Oracle bought into.



---
______
IMANAL


.

[ Reply to This | # ]

BBC: Oracle and Google's Android copyright row trial begins
Authored by: SilverWave on Monday, April 16 2012 @ 01:46 PM EDT
Oracle and Google's Android copyright row trial begins

One to bookmark to see how accurate it is after the trail.

They also say 1B :-/

---
RMS: The 4 Freedoms
0 run the program for any purpose
1 study the source code and change it
2 make copies and distribute them
3 publish modified versions

[ Reply to This | # ]

  • Yea!! But does the BBC run on Gnu/Linux? - Authored by: Anonymous on Monday, April 16 2012 @ 03:17 PM EDT
    • yes - Authored by: Anonymous on Monday, April 16 2012 @ 03:32 PM EDT
      • yes - Authored by: Anonymous on Monday, April 16 2012 @ 05:15 PM EDT
        • yes - Authored by: Anonymous on Monday, April 16 2012 @ 09:58 PM EDT
The REAL jewel in the crown of SUN was not Java, but MySQL
Authored by: IMANAL_TOO on Monday, April 16 2012 @ 02:11 PM EDT
The REAL jewel in the crown of SUN was not Java, but MySQL.

SUN had just bought MySQL for $1bn in 2008, and "Wall Street mourned" as it was a big fish they had missed.

Later, when Oracle had bought SUN, analysts stressed the importance of MySQL:

Oracle touts the advantages of owning Java and Solaris in this press release, but mentions nothing of the real jewel in the crown: MySQL. The $1 billion acquisition has been a point of contention for Sun’s detractors, but the fact is that despite most of the MySQL team having quit, the little upstart database keeps on growing and growing. Oracle also gets some virtualization technologies with the Sun buy. Still, if you’re an open source enthusiast, you have to worry about this deal’s impact on open-source projects such as Open Office and MySQL. Oracle is known to squeeze its acquisitions for every single penny. [...]

MySQL is clearly a big prize for Oracle. Oracle’s products find no room in most of the new web companies — most preferring either MySQL or other open-source offerings. On the high end as well, Oracle has been competing with the MySQL Cluster offering. In addition, several startups have started to develop a new kind of data-store ecosystem based on MySQL, which is competitive with Oracle’s database offerings. In short, Oracle has taken out its No. 1 threat by buying Sun.


Already in 2006, the MySQL database was the most commonly used database in the world". With 29 % of the market share it was larger than former number 1 and 2, Microsoft Access on 24 % and Oracle on 23 %.

So, all signs are there, the real jewel in the crown was MySQL. Java was just a coffee on the side.



---
______
IMANAL


.

[ Reply to This | # ]

Today's the Day: Day 1 of the Oracle v. Google Trial in San Francisco ~pj - Updated: 1st word
Authored by: ThrPilgrim on Monday, April 16 2012 @ 02:50 PM EDT
Judge Alsup to Oracle: If you try to throw around big numbers in front of the
jury just to inflate damages, you are doing so at your own risk; "there is
no proof that Java is worth $7.4B. I am suspicious of your motives."

Ouch, <voice type="Tweetie Pie">I don't think he likes you very
much</voice>

---
Beware of him who would deny you access to information for in his heart he
considers himself your master.

[ Reply to This | # ]

Twitter updates
Authored by: Anonymous on Monday, April 16 2012 @ 03:08 PM EDT
Here are some twitter users who are doing live tweets from the trial:

James Niccolai Link
Dan Levine Link
Brandon Bailey Link

[ Reply to This | # ]

Getting money from Google the right way
Authored by: Anonymous on Monday, April 16 2012 @ 03:14 PM EDT
Is there anybody left who looks at Google's success and *doesn't* think about ways to try to get some of Google's money?

There's a right way and a wrong way to go about getting some of Google's money.

For individuals, the right way is to send them a CV and ask nicely for employment.

Alternatively, as an individual or a company, find something that Google is willing to buy and sell it to them.

Or find something that Google needs done and offer to do it for a fee.

There, that's three possible 'right ways' to get money from Google...

[ Reply to This | # ]

Reporter thanking thread
Authored by: cpeterson on Monday, April 16 2012 @ 04:02 PM EDT
Thank you, thank you, thank you!
Without you, we'd all have to take leave from our jobs and move to SanFran for
two months!

[ Reply to This | # ]

12 angry consumers: The Oracle/Google trial for Android now has a jury
Authored by: Anonymous on Monday, April 16 2012 @ 04:44 PM EDT
http://venturebeat.com/2012/04/16/oracle-google-jury/

Mostly based on the twitter comments already mentioned, but still an interesting
read.

[ Reply to This | # ]

Are all those exhibits available somewhere?
Authored by: Anonymous on Monday, April 16 2012 @ 05:54 PM EDT
That Exhibit List is giant. But there are certainly some interesting items on
there that I would like to read. Have they been made public somewhere online?

[ Reply to This | # ]

??? "read once, write anywhere" ???
Authored by: SpaceLifeForm on Monday, April 16 2012 @ 07:00 PM EDT
Link

Jacobs also made a point to highlight the nimble nature of Java’s language, at one point even comparing it to "Esperanto," an invented universal language. One of the big hurdles Google faced, he said, was in pushing updates on the Android platform. Sun Microsystems had a “read once, write anywhere” update system that Oracle now claims Google copied — without proper license — into Android.

Seriously, he said that?

I don't know where to start. I am going to guess the article writer got it all wrong.

---

You are being MICROattacked, from various angles, in a SOFT manner.

[ Reply to This | # ]

"Just works away from Java someday"?
Authored by: Cassandra on Monday, April 16 2012 @ 07:16 PM EDT
I hope, personally, that Google find some alternative software or designs some and just works away from Java someday. It's not worth all this.

But surely that was the entire point of Dalvik - to implement a new Virtual Machine, and only keep the Java language?

[ Reply to This | # ]

Ah... to suck... a term of art...
Authored by: BitOBear on Monday, April 16 2012 @ 08:41 PM EDT
You know, when a programmer uses the phrase "they suck", especially
when applied to "options" then it doesn't exactly mean what you
think.

Take any programmer, be he very good or very bad, give him a job, let him do a
decent job, then run him over with a bus.

Then get another programmer, give him the same job, let him go for a day or two,
then ask him what he thinks of the bus-crushed programmers code base and he will
say "it sucks".

Whenever a programmer uses a phrase that contains any variation of the word
"sucks" it lights my suspicion light. In the absence of an exact and
particular list of reasons and examples, for something "to suck" means
it is "less than ideal, easy, or free".

For example, Google is, to the ninetieth percentile if my information is
correct, a Java shop. Given the quote above, I see no actual meaning. It doesn't
say that the technologies suck for a reason. The "options" may suck
simply because Bob the Chrome God says he'll quit if we make him use Python and
so we would have to replace Bob.

I have been present at great miscarriages of technology, where the correct tools
and languages were set aside because the company had already bought a particular
version control system that "wouldn't like" the language that would be
otherwise ideal for the job. No Really. This happens all the time. "Dude,
we would totally have to re-write the message passing code. That would
suck." Really.

Imagine a multi-billion dollar company looking at buying a multi-billion dollar
building for a merely multi-million dollar price tag. The building is ideally
suited and ideally positioned. The land alone is worth more than the asking
price. But the CEO decides that "the building sucks" and walks away.
You never learn that his decision is based on entirely on how his over-sized
Stretch Hummer is too tall to fit into the parking structure so his parking
space would have to be one of the un-covered spaces like a hundred yards away
and he'd have to come in through the loading dock.

You may think I exaggerate, but I do not.

Further, programmers often (e.g. like always), try to game their manager using
hyperbole. They just do. "Waaah! I don't want to track my memory usage, and
it sounds hard to go find a garbage collector. This thing is unworkable! This
sucks!"

We are a histrionic and temperamental bunched armed with glittering
generalities. I wish I had know the text of this "prejudicial email"
before. I would have told the Lawyers for Google to do a Bayesian Analysis of
the communications sent by the author, and Google's programming staff in
general, to demonstrate the depth and frequency of the use of the word
"suck". In programming circles its first cousin to "really?"
and a distracted but slightly heavy sigh.

One out of every three or four emails at the company probably contain the word
"suck" and there are probably places where a change in the
coffee-making infrastructure was called "unworkable" in an attempt to
keep a particular brand of machine or coffee or coffee-creamer in vogue.

Not Use Java? Those Dastards! However shall we persevere within such draconian
missives from amongst our unnamed overlords! Heaven Forfend!

No really, that's what this email says (barring, of course, a huge appendix of
detailed technical analysis)...

[ Reply to This | # ]

Lindholm is not a lawyer
Authored by: Anonymous on Monday, April 16 2012 @ 09:03 PM EDT

Indeed, he's not, he's a programmer. And not just any programmer, but an old Sun hand who believes Java is the answer. Even ex-Sun folk like Simon Phipps, who otherwise have their heads screwed on right, have clearly overly imbibed the Java kool-aid.

Sadly, Google will probably not point this out, since it could be taken as a criticism of Android.

[ Reply to This | # ]

Ridiculous case of headline journalism: "Oracle skewers Google as Android trial opens"
Authored by: calris74 on Monday, April 16 2012 @ 09:36 PM EDT
I thought the Sydney Morning Herald was better than this :(

Linkity Link

[ Reply to This | # ]

Wow ... no juror holds copyrights?
Authored by: Anonymous on Monday, April 16 2012 @ 10:51 PM EDT
Copyright? -- Nobody.

Impossible. Under the current system every napkin scribble is instantly
copyrighted upon creation. Does NO ONE on the jury know this?

Wow

[ Reply to This | # ]

Google/Van Nest's opening brief
Authored by: Anonymous on Monday, April 16 2012 @ 11:28 PM EDT
... Looking forward to it. They actually have a big advantage, since they have all afternoon and night to craft it as a response. Also, their defence is more solid than what Oracle has shown as an offence.

It seems we also got the answer to the copyright question... the judge is waiting to see what is being presented at trial before deciding:
One of the issues the judge will decide related to copyright infringement. It is not only a legal question but it also depends on the act in the records of the trial, therefore, you must prove it during the trial.
~cd

[ Reply to This | # ]

Java first? No.
Authored by: tknarr on Tuesday, April 17 2012 @ 02:56 AM EDT

Java started work on "write once, run anywhere" in 1991, according to Oracle.

Icon was doing interpreted bytecode back in 1980. It was nice because we could compile on any computer, take the "executable" to any other computer with an Icon runtime, regardless of the type of system, and run it. The earliest version in their historic directory is v2 for the VAX, from 1980. I worked with Icon myself in the mid-80s when I was in college.

So no, Java was hardly the first language to do "write once, run anywhere". Icon wasn't even the first, UCSD pSystem Pascal was doing it before Icon. And Icon was doing implicit memory management and garbage collection before Java, too.

[ Reply to This | # ]

  • Java first? No. - Authored by: Anonymous on Friday, April 20 2012 @ 01:48 PM EDT
APIs are not blueprints
Authored by: bugstomper on Tuesday, April 17 2012 @ 03:16 AM EDT
Michael Jacobs said the Class libraries are the house, and the APIs are the
blueprint.

That is so not true! A blueprint is a detailed architectural drawing of the
plans for the house, with all parts and dimensions specified, sufficient to
allow builders to build the house. A blueprint can be protected by copyright (I
assume, but IANAL).

If the class libraries are the house, then the API would be more like a table of
information that might include the location of the house, as well as the
locations of the driveway, the front gate, the footpath from the front gate, the
front door, the side door, all the windows, etc. In other words the API would
contain all the information needed to access the house, without containing any
of the additional information that would be required to actually build the
house.

Again, IANAL, but it seems to me that such a list of facts would not be
copyrightable.

[ Reply to This | # ]

"None of the emails you were shown have been entered into evidence."
Authored by: Anonymous on Tuesday, April 17 2012 @ 03:51 AM EDT
Now that's a crafty trick, until the Lindholm email is entered, the jury
will not know it was not written in 2005. Regardless of its utility
as evidence of anything.

[ Reply to This | # ]

Beware the trap of using the other guys munged terminology.
Authored by: Anonymous on Tuesday, April 17 2012 @ 06:31 AM EDT
Beware the trap of using the other guys munged terminology.

I've been following avidly Groklaws coverage ofthe dispute.
Please consider the following exerpts and note my added
words and emphasis, which I hope will clarify the seeming
contradiction.

Google, from pretrial brief: The opinion, however, uses
“interface” [instead of "API"] in two senses, first
referring to a file format ([ a *specification*] which it
concludes is an uncopyrightable idea) and later referring to
specific source code in a computer program, authored by the
developer, that implements a file format ([ an
implementation of a *specification* ] which it concludes may
be copyrighted). This is entirely consistent with Google’s
position.


Judge, first day of trial: We need a clear-cut way to use
terms, like *specification*. [ Is it a ] User manual or [a]
technical way in which it works which might not be [ a
particular copyrighted ] user manual. I urge you to be clear
with your vocabulary when you talk to the jury.


I hope Google's lawyer Robert van Nest finds every
opportunity to speak of functionally / API compatible
"Harmony" Libraries and the "Dalvik" virtual machine as
opposed to "Java" libraries and "Java" virtual machine.
Google eschewed the GPL'd material,the OpenJDK sources &
binaries and was not able to come to terms with SUN
regarding SUN's ( now Oracle America's ) API implementation
embodied by the "Java" libraries.

[ Reply to This | # ]

Today's the Day: Day 1 of the Oracle v. Google Trial in San Francisco ~pj - Updated 7Xs: 1st word to last word
Authored by: Anonymous on Tuesday, April 17 2012 @ 06:38 AM EDT
http://web.archive.org/web/20070611104244/ https://openjdk.dev.java.net/ has the statement. Note: Beware of the automatic redirect to a different page that does not.

[ Reply to This | # ]

Excused jurors
Authored by: Ian Al on Tuesday, April 17 2012 @ 07:16 AM EDT
COURT:The delightful young Oracle lady is excused.

The app programmer is excused.

The business administrator is excused.

Take the patent lawyer out back.

---
Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid!

[ Reply to This | # ]

From Update 5: Our second reporter - "Microsoft"?
Authored by: Anonymous on Tuesday, April 17 2012 @ 07:19 AM EDT
From that reporter:
...
Plaintiff’s Opening Statement:
...
Sun did not want to give a license on the terms Google wanted because it was inconsistent with what they wanted. They had a choice, go with Microsoft or employ Java anyway.
Michael Jacobs of MoFo claimed Microsoft was the only coding alternative for Android?!? Where did *that* come from? I don't recall reading anything anywhere that would even hint Google considered that.

[ Reply to This | # ]

Thanks To The Reporters!
Authored by: lnuss on Tuesday, April 17 2012 @ 08:58 AM EDT
Wow! What detailed reporting -- this is grand.

Thanks!!!

---
Larry N.

[ Reply to This | # ]

Jacobs in trouble?
Authored by: Ian Al on Tuesday, April 17 2012 @ 09:19 AM EDT
I must remember that this is the reporter's summary of the opening statement and not a verbatim transcript:
Java. What is it? This is a symbol for Java. Java is a programming language. Also, application programming application (API) and association class libraries.

The basic ideas of class libraries is simple. If there are programs writing functions why do not we have them write a code and put it in the library and have it prewritten and prevent developers from writing a new code. APIs are blueprints. Class libraries are code. Blueprints tell you how to navigate the complicated structure. We now need to provide complicated class libraries on our machines. If all of that works and libraries are consistent, Java will flourish and we all have a common language.
I really want BitoBear to comment on 'Class libraries are code'.

However, Jacobs has got the tech wrong. Programmers using the Java language get access to functions useful for application programs by using the methods [dictionary meaning] given in the Java API Specification. Each API function has program code associated with it that actually delivers the function that the interface method promises. Programmers compile their Java application source code to produce a 'classfile' that can be used on any Java Runtime Environment.

The above is exactly the same wherever Java programs are executed. That is possible because the same virtual processor is implemented in the Java Virtual Machine within the Java Runtime Environment on each platform. It is the writing of the implementation of the JVM byte code processor which changes from computer to computer.

I don't think Jacobs knows the constitution, either.

Article I, Section 8, Clause 8 of the United States Constitution,
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
It is only when you look at the law that you find patents and copyrights.

He made the following comment,
By 2010, Lindholm writes and says that they have no alternatives, to negotiate the license on the terms they need. Lindholm, Page, Brin, 1 week before this suit was filed, realized they need to negotiate the license. They knew they do not have license and they knew they needed to negotiate it.
And then the judge follows up,
JA to jurors: "Keep an open mind. None of the emails you were shown have been entered into evidence."
That strikes me as the judge pouring cold water over the key point in the opening statement. Perhaps the judge remembers what Oracle said to him, previously:
Google designed Android free from constraint and could have done it in a way that didn't infringe. They chose to use these technologies” [the API to leverage developers and create lots of apps, and the patents to improve speed of loading and multitasking].

Android product description in 2006 was shared with Sun during the negotiations over licensing.

Judge: Are there any internal Google emails that show that Google decided to infringe?

Oracle: Not as such, but Google did choose to use the technology.

Judge: In 2006.

Oracle: Not all of them [the patents]. The '104 yes, that was 2006.

Google: The argument is circular, based on the patents they say were infringed. All Oracle [Sun] had was the Product Description, which had no specifics regarding technologies.
You might note that they made the decision to use the copyrights on the very day that they decided to use the patents.

And, what are we to make of
By the time that Google was looking at the the technology for Android, Java was huge - lots of adoption and lots of Java developers. Java is widely deployed on "feature phones".
I'm wondering on which featurephones Java is widely deployed. I am unaware of any.

I am not convinced that Jacobs knows this little. I think he is in serious trouble and has resorted to misrepresenting the Java API Specification and the cleverness of the 'class library code' to write once and run anywhere because otherwise his arguments about the tremendous creative expression value in the Java API Specification will be empty.

Remember that the information to jurors proposed by the judge says that the Java API code is not at issue.

As for 'never mind the quality of the law, feel the width of the Constitution' well, words fail me!

How are the mighty fallen! I am both glad and sad.

---
Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid!

[ Reply to This | # ]

Working away from Java
Authored by: DannyB on Tuesday, April 17 2012 @ 09:30 AM EDT
> I hope, personally, that Google find some alternative
> software or designs some and just works away from Java
> someday.



No disrespect, but you should know better.

Java is not the problem.

It doesn't matter what technology Google would use. Python. C/C++. Go / Dart,
or some other language of their very own creation. Java is a red herring.

Google would still be sued over patents, and possibly copyright. Microsoft
would find a patent. So would Apple. So would any other greedy party. Oracle.
Paul Allen. They would come crawling out of the woodwork as long as Google is
making gobs of money from innovation.

Others look at innovation and success and wish they had it. They even feel
entitled to it.

Apple would still sue Android OEM's over round rectangles. Or making tablets
that are *thin*. (gasp!) Imagine that! Or tablet interfaces that are
uncluttered. Apple actually told a court that Samsung could remedy their
infringing tablets by making the screen more cluttered or making the tablet less
thin. That's like suing over a sports car because it "goes fast" and
thus infringes our sports car. It should go less fast.

All that is necessary for Apple to succeed is for Google men to do nothing.

All that is necessary for Oracle to succeed is for Google men to do nothing.



---
The price of freedom is eternal litigation.

[ Reply to This | # ]

Oracle's opening statement slides online
Authored by: Anonymous on Tuesday, April 17 2012 @ 09:36 AM EDT
Oracle has posted the slides used in the opening statement at
http://www.oracle.com/us/corporate/features/opening-slides-1592541.pdf .

[ Reply to This | # ]

Api copyrightable fact question?
Authored by: Anonymous on Tuesday, April 17 2012 @ 10:20 AM EDT

Would someone please explain to me how it is that weather APIs and computer languages are copyrightable is a fact question for a Jury?

[ Reply to This | # ]

Today's the Day: Day 1 of the Oracle v. Google Trial in San Francisco ~pj - Updated 8Xs: 1st word to last word
Authored by: jimrandomh on Tuesday, April 17 2012 @ 01:48 PM EDT
I don't like how the only software engineer was excused. It seems like
"jury of peers" has morphed into "jury of everyone *except*
peers" (with
"we are all peers before the law" as an intermediate step). The
argument
is that domain knowledge would impair a juror's ability to be impartial,
but I believe the opposite is true: lack of technical background
drastically impairs jurors' ability to judge.

[ Reply to This | # ]

Today's the Day: Day 1 of the Oracle v. Google Trial in San Francisco ~pj - Updated 8Xs: 1st word to last word
Authored by: Anonymous on Tuesday, April 17 2012 @ 02:38 PM EDT

Great commen from Jan Wildeboer (Red Hat) on Google+:

Oracles Larry Ellison in court today in the Android case:

"If people could copy our software and create cheap knockoffs of our products, we wouldn't get paid for our engineering and wouldn't be able to invest what we invest, " Ellison testified.

Me looks at Oracle Enterprise Linux and Red Hat and starts to laugh hysterically.

Jan Wildeboer

[ Reply to This | # ]

What license is required to use GPL code?
Authored by: Anonymous on Wednesday, April 18 2012 @ 04:46 AM EDT
Answer: The GNU General Public License, a.k.a. the GPL!

[ Reply to This | # ]

Today's the Day: Day 1 of the Oracle v. Google Trial in San Francisco ~pj - Updated 8Xs: 1st word to last word
Authored by: Anonymous on Wednesday, April 18 2012 @ 02:07 PM EDT
So here's an honest yet possibly naive question:<p>

How can you copyright a computer language? The languages draw so much from one
another and have historically done so that how could you not have languages that
don't infringe upon other languages? How much do modern computer languages owe
to Fortan, Algol, Smalltalk? What kind of avalanche of litigation would be
unleashed if one could copyright or patent a computer language?<p>

[ Reply to This | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )