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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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No Day 3 Commentary? | 152 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
IceCube chills cosmic ray theories
Authored by: Anonymous on Thursday, April 19 2012 @ 10:48 AM EDT
IceCube, an ice-bound telescope that looks for neutrinos rather than photons, has cast doubt on the long-held assumption that gamma-ray bursts [GRB] are responsible for the highest-energy cosmic rays that rocket around the Universe.

[...]

“My conclusion from this paper is that GRBs don’t make the cosmic rays,” says IceCube principal investigator Francis Halzen, of the University of Wisconsin in Madison.

Eric Hand, Nature News Blog

[ Reply to This | Parent | # ]

Raspberry Pi shipped to 31 countries... and counting
Authored by: Anonymous on Thursday, April 19 2012 @ 11:10 AM EDT
element14 is pleased to confirm that we received our first delivery of Raspberry Pi’s last Friday, April 13th, and that these were all shipped out the same day, or over the weekend, to customers across the globe. Pis from the first shipment went to people in Australia, Belgium, Canada, China, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Netherlands, New Zealand, Norway, Portugal, Singapore, Slovakia, Spain, Sweden, Switzerland, UK, Ukraine, and the USA...
Liz Upton , Raspberry Pi

[ Reply to This | Parent | # ]

Some of our files is missing
Authored by: Ian Al on Thursday, April 19 2012 @ 11:12 AM EDT
and Illya Kuryakin says he refuses to help unless there is a body to cut up.

Since rangeCheck and the copied lines are not covered in the story, this must be OffTopic.

Mr Van Nest said in his opening brief
Mr. Jacobs said yesterday that there was copying, but that there was not a lot of it. 9 lines out of 15,000,000.
indyandy found Timsort code which had rangeCheck towards the end. This was the literal copying that Google said was still in Android. The rangeCheck code has nine lines including the end '}'.

That is nine lines out of the 928 in TimSort.java.

It appears that, of the 11 files originally accused of literal copying, all but these nine lines of code for rangeCheck are out of the case.

rangeCheck seems to produce an error report if the lower range limit is a minus number and the upper range limit is larger than the array being sorted. Obviously, it does not appear in a dialogue box on your smartphone and so I assume it is returned to the program calling the API function.

The line with the '}' contains nothing that Sun creatively expressed. The couple of 'if' statements checking the upper and lower bounds are standard stuff. If there is new creative expression in here from Sun then it must be in the order of the remaining eight lines. So, would you programmers tell me where the eight lines appear in the spectrum of creative expression from a low of 'it's done in pretty well every program that's ever been written' to 'this checking of the bounds of an array is something never before seen in the annuls of programming'?

I admit that I have already been judgemental, but I am no programmer.

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

[ Reply to This | Parent | # ]

No Day 3 Commentary?
Authored by: softbear on Thursday, April 19 2012 @ 11:26 AM EDT
There is this article on the filings, but no Day 3 reports.

Did no one attend?

---
IANAL, etc.

[ Reply to This | Parent | # ]

How To Design A Good API and Why it Matters
Authored by: feldegast on Thursday, April 19 2012 @ 01:02 PM EDT
Found this via Twitter
Google Tech Talks
January 24, 2007

https://www.youtube.com/watc h? v=aAb7hSCtvGw

---
IANAL
My posts are ©2004-2012 and released under the Creative Commons License Attribution-Noncommercial 2.0
P.J. has permission for commercial use.

[ Reply to This | Parent | # ]

Patently Off Topic
Authored by: Ian Al on Thursday, April 19 2012 @ 01:50 PM EDT
This is about the asserted patents and is, therefore, off topic.

The Android team say that:
dexopt

We want to verify and optimize all of the classes in the DEX file. The easiest and safest way to do this is to load all of the classes into the VM and run through them. Anything that fails to load is simply not verified or optimized. Unfortunately, this can cause allocation of some resources that are difficult to release (e.g. loading of native shared libraries), so we don't want to do it in the same virtual machine that we're running applications in.
'104 says
a memory containing intermediate form object code constituted by a set of instructions, certain of said instructions containing one or more symbolic references;
and
and a processor configured to execute said instructions containing one or more symbolic references by determining a numerical reference corresponding to said symbolic reference, storing said numerical references, and obtaining data in accordance to said numerical references.
and
and resolving a symbolic reference in an instruction being interpreted, said step of resolving said symbolic reference including the substeps of: determining a numerical reference corresponding to said symbolic reference, and storing said numerical reference in a memory.
Mitchell claims that
An Android-based device has a memory containing intermediate form object code constituted by a set of instructions.
and that dexopt carries out the claims in the Android-based device at the time when the VM interpretation of the bytecode begins.

However, Mitchell also identifies the two Java programs that call dexopt. The two Java programs can only run as part of the Java Development Kit with the Android additional tools like dx and dxopt needed for Dalvik. They are incompatible with the Dalvik VM found on Android devices.

The JDK is fully licensed by Oracle to run on any desktop. Google asks that dexopt is run from within the fully licensed JDK downloaded from Oracle and running on the Java Runtime Environment which is also fully licensed by Oracle to run on any desktop. The licence applies to the compilation of Java programs to an executable file.

There is a Dalvik version of dxopt that can be used at installation time. It is only intended to run on the fully licensed development machine in order to create an installation image for the Android devices. Android make it plain that running dexopt in a production device is forbidden (see dexopt description, above).

Patent '104 is limited to mobile devices doing an optimisation just as the application starts to run on the VM of the device.

Android does not practice patent '104. Even if it did, dxopt runs on the fully Oracle licensed JDK which extends a patent license for any patents used in Java.

As far as '520 is concerned, Google complained:
Oracle asserts that, in this instance, the term source is used to mean "a point of origin or procurement," and that "source definition" means the place where the class preloader obtains the stored representations of one or more classes. Consequently, while Oracle concedes that "source definition provided as object-oriented program code" could be source code, it is not limited to source code and includes binary forms, as well.
Although I found Michell asserting that some claims in '520 were infringed, he does not offer any evidence in his ORACLE AMERICA, INC.’S PATENT LOCAL RULE 3-1 DISCLOSURE OF ASSERTED CLAIMS AND PRELIMINARY INFRINGEMENT CONTENTIONS.

The judge went away to decide whether 'source code' meant.. umh... source code or whether it could also mean the source of code acted upon by the '520 invention, including source code which is compiled source code. I don't think the judge has told us what he decided.

However, the only place you will find Java source code (as written by programmers) intended for Android or compiled files intended for Android is within the fully Oracle licensed Java Development Kit which includes licenses for any patents required by the Java platform.

So, even if the patent was not licensed, Mitchell does not seem to explain how Android practices the invention. If 'source code' means source code, then the programmer does not put ' the stored representations of one or more classes' into the program source code.

The judge went away to decide whether 'source code' meant.. umh... source code or whether it could also mean the source of code acted upon by the '520 invention, including source code which is compiled source code. I don't think the judge has told us what he decided, yet.

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

[ Reply to This | Parent | # ]

Florian Mueller @FOSSpatents Twitter: groklaw = groklie
Authored by: Anonymous on Thursday, April 19 2012 @ 05:28 PM EDT
See for yourself:
http://twitte r.com/#!/FOSSpatents/status/193059377043865601

[ Reply to This | Parent | # ]

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