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
No, Not a Copyright Issue | 104 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
No, Not a Copyright Issue
Authored by: Anonymous on Saturday, April 21 2012 @ 12:30 PM EDT
Apache appears to have a right to release Harmony for any purpose / use AS LONG
AS THEY DON'T CALL IT 'JAVA'.

To call it 'Java', they have to pass a compatibility test, only available from
Oracle/Sun. But as a condition of obtaining the test Oracle/Sun imposes a
'field of use'(?) limitation. Apache did not accept that limitation, did not
obtain the test, and therefore does not call Harmony 'Java'.

But that has nothing to do with copyright, its purely a trademark issue. As far
as I can tell, neither Apache nor Google has violated, or is accused of
violating Oracle/Sun's 'Java' trademark.

Not a lawyer
JG

[ Reply to This | Parent | # ]

RE: Oracle's position on Harmony
Authored by: jjs on Sunday, April 22 2012 @ 05:49 AM EDT
Then why didn't Oracle go after Apache? Is it because Sun knew about Apache for
years (Apache sat on the JCB), had welcomed the Harmony project, knew they
didn't call Harmony Java, because Sun refused to provide the TCK (and they
couldn't refuse to provide it unless Apache had asked, thus ensuring Sun knew
Apache's efforts, and that the sticking point was the Field of Use restriction)?
If Apache Harmony is protected by Estoppel, are not those efforts derived from
Apache (such as Dalvik) ALSO so protected?


---
(Note IANAL, I don't play one on TV, etc, consult a practicing attorney, etc,
etc)

[ Reply to This | Parent | # ]

RE: Oracle's position on Harmony
Authored by: rsteinmetz70112 on Sunday, April 22 2012 @ 07:51 PM EDT
If the only difference is the terms of the Apache License or the GPL, then it's
hard to see how Oracle suffers much in damages. Both licenses are Open Licenses
and allow the software to be distributed and modified by whoever wants to.

The only difference is the copyleft provisions of the GPL which would seem to
cut against Oracle's position.

Oracle has repeatedly said that Google did not follow the GPL by not giving back
to the community. My question to those better informed on the details is what
has Google not given back?

It's my understanding that the Apache license is compatible with GPL v3 and that
the FSF claimed that the Apache License was not compatible with GPL v2.

---
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 | Parent | # ]

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 )