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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.

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Comments belong to whoever posts them. Please notify us of inappropriate comments.
Not in Contention Versus Challenged
Authored by: Anonymous on Thursday, April 19 2012 @ 11:00 PM EDT

I could write a language, I could create an interface called List. I could put in methods and call them set(int i, Object o), Object get(int i), int size(), boolean isEmpty() and I think everyone would agree that I did not infringe on Oracle's rights. Obviously, I'm working from memory and years of using List objects in my code. I'd probably implement a half-dozen frequently used methods and come back over the next few years and add things as I ran across omissions.

But if, after I'm done, I've created the util.Collection package and there is a one to one match of classes, interfaces, and methods with the java.util.Collection package, then, how did that happen except I looked at Sun's api and replicated it? Did I copy? On a personal, ethical, non-legal-opinion level I'd say I did copy, and while there's a lot work left with implementation, I did save myself some significant time by using Sun's work over 5-6 years in evolving that api to what we now understand. Could Sun legally protect its api? The case law on the point is unclear and that's why we have a jury finding facts and a Judge saying this might be a point for the Appeals Court to consider.

[ Reply to This | Parent | # ]

Exclusions
Authored by: Ian Al on Friday, April 20 2012 @ 08:11 AM EDT
In his order before trial the judge excluded 'words and phrases'. The entirety
of the signature is, IMHO, just the sort of short phrase that the law excludes
from copyrightability.

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

[ Reply to This | Parent | # ]

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