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BAckwards and inside out | 503 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
GPLv2 and the real story here.
Authored by: Kilz on Saturday, April 21 2012 @ 04:13 PM EDT
but I don't understand the Google bias here. Google pulled a schtick on Oracle, and now Oracle fights back. It's simply two corporations using the court as another battleground.
I think that the open source community as a whole thinks Google is a good corporate member of its community. They give things back, they try to do the right thing most of the time. They create open source projects and give them away. Are they perfect? No, but they are pretty good.
On the other hand Oracle is seen as a "user". They use and buy things. They dont give back a lot but they take. An example of this is their linux distro. They take red hats stuff and add very little to it. Larry Ellison is seen as a not so likable fellow. He doent do things to make any friends but takes, and takes, and takes. Are they evil? No, but they give off the perception that they are, at least IMHO. This useless court case has made them look even worse in some peoples eyes. Lord help them if they win. IMHO it will be like SCO and how people think of them.

[ Reply to This | Parent | # ]

GPLv2 and the real story here.
Authored by: Christian on Saturday, April 21 2012 @ 04:17 PM EDT
The real bias here is a bias toward ownership rights being limited by law and
the Constitution, not infinitely expansive if the party involved is wealthy
enough. If Oracle is granted copyrights to things that are abstract or
functional, it greatly reduces the rights and freedoms of the individual.

[ Reply to This | Parent | # ]

GPLv2 and the real story here.
Authored by: Anonymous on Saturday, April 21 2012 @ 04:19 PM EDT
I'm sorry, but just looking at the source code of the different implementations
of the APIs, it's clear that Google's implementation is not an INFERIOR version.
It's quite superior in many ways.

I also disagree with the idea that this was an easier path for them. They likely
could have shaved off at least half a year from their schedules just buying from
Sun, not to mention all the lost-opportunity cost.

To me, the real business sense of what Google did had very much to do with
control. Once they purchased Sun's API, it would be very hard for them to come
out with a better version and to control that. This superiority of
implementation is what really sets Google's products apart, which is why they
are as successful as they are.

[ Reply to This | Parent | # ]

GPLv2 and the real story here.
Authored by: Guil Rarey on Saturday, April 21 2012 @ 04:30 PM EDT
This really, really, really reads like PR spin from Oracle. "Two fierce
warriors"??????? Please. If you want to post assertions like this, please
don't do it AC.

---
If the only way you can value something is with money, you have no idea what
it's worth. If you try to make money by making money, you won't. You might con
so

[ Reply to This | Parent | # ]

GPLv2 and the real story here.
Authored by: Anonymous on Saturday, April 21 2012 @ 05:32 PM EDT
What you are calling a shtick to exploit a loophole is pretty much how the
entire rest of the software engineering community has always assumed things are
supposed to work.

If making your own mostly compatible re-implementation is not allowed, we're all
(probably including Oracle itself) in for a world of hurt.

To put it in another perspective, there was a fair amount of disappointment from
many that Google went to great trouble to give Android a non-GPL userspace. Yet
have we heard one hint of a suggestion from leaders in the GPL community that
what Google did was actually not allowed? No, for the simple reason that what
Google did in re-implementing alternatives to GPL components (libc, java,
busybox, etc) under different "politics" is basically equivalent to
what GNU did in re-implementing alternative to Unix utilities under the
revolutionary "politics" called copyleft.

In a world where what Google set out to do would be illegal, there would be no
GNU.

[ Reply to This | Parent | # ]

Correction: the JVM is not suitable for smartphones
Authored by: jbb on Saturday, April 21 2012 @ 07:04 PM EDT
Anon opined:
they'd [Google] use an inferior, yet passable virtual machine that could run Java (Dalvik).
This is wrong and this mistake taints the rest of your analysis. A different anon pointed this out above but I will elaborate. One way to see this is in statistics:
Number of smartphones using JVM: 0
Number of smarphones using Dalvik: 250 million
The reason for this disparity is that the JVM is not suitable for use in smartphones. It is okay for featurephones but not smartphones. This is why Google diverged from the JVM. It did not work. This is probably also why the licensing deal between Sun and Google fell through. It's clear Google knew the JVM was inadequate. I imagine Sun was unwilling to make the fundamental changes that would be required in order to fix the JVM. I think that is why it made no sense for Google to make a deal with Sun even if Sun paid them.

As was reported here on Groklaw over a year ago, Google made two fundamental changes (compared to all JVMs) when they put the Dalvik VM into Android. Both changes created a deeper connection between the OS and the VM. I can understand why Sun would refuse to adopt these changes to their JVMs because the tighter OS integration would make it harder to port the JVM to other platforms.

The first change had to do with power consumption. It is explained here. This change also required deep changes in the Linux kernel. It took years for those changes to filter back and join the main Linux branch. This was not because Google was withholding the code. It was because the changes were deep and it took a while to reconcile them with the rest of the Linux codebase.

The second change had to do with security. The JVM has a very primitive security model reminiscent of the DOS single user security model. All applications that run on a single instance of the JVM run as the same user, the user who launched the JVM. If you want to have an app store then this primitive model is unacceptable. It would be prohibitively inefficient to run a different instance of the JVM for every app. What Google did is they made it so each app runs as a different Linux user on the same VM. This was a brilliant solution! It provided the more advanced security model needed for and an app store without harming the efficiency at all. In addition, most programmers are already familiar with Linux/Unix/BSD permissions so very little new learning was required.

The main difference between a feature-phone and a smartphone is that there are no 3rd party apps on feature phones. Feature-phones come with a fixed set of features from the manufacturers, hence the name. This explains why the crude security model of the JVM is suitable for feature-phones but not smartphones. In a feature-phone all of the applications can be trusted so security between applications is not an issue. It is a huge issue for smartphones.

If you don't care about battery life and you don't care about security then the JVM is perfectly fine for smartphones. But it you want to make a smartphone that can actually compete in the marketplace then you need to use a more advanced VM such as Dalvik.

---
Our job is to remind ourselves that there are more contexts than the one we’re in now — the one that we think is reality.
-- Alan Kay

[ Reply to This | Parent | # ]

Another major correction: the TCK
Authored by: jbb on Saturday, April 21 2012 @ 07:53 PM EDT
Anon opined:
Sun wanted to specifically restrict implementations on mobile handsets, and so had the field-of-use restriction on the TCK, which is required if you want to call your implementation "Java".

So Google went ahead and found a loophole. They wouldn't call their implementation Java (eschewing the need for the TCK), [...]

Your attempt to re-write history in order to make Sun/Oracle look like the victim instead of the villain is pathetic.

Apache was an active member of the Java community. There were openly developing their open-source Harmony implementation of Java as per the Java Specification Participation Agreement (JSPA). That agreement does not mention any end use restrictions. The only hurdle Harmony had to pass was to prove their implementation was technically compatible which is perfectly reasonable.

Your re-write makes no sense. If Sun wanted to require end use restrictions all along then they would have been in another clause in the JSPA. That way everyone would know up front what the game was. This is the way honest and honorable people do business. That is not what Sun did. They were either scheming and conniving from the start or they changed their minds midway and kept this change of heart hidden for as long as possible.

The key thing is that Sun did not inform Apache about their plan to effectively add end use restrictions to the JSPA. Sun was well aware of Apache's Harmony project. You can see open letters from Apache to Sun spanning the years when Harmony was being developed. Sun also knew that end use restrictions were incompatible with the open-source license used for Harmony. Sun knew that their change in plans would effectively scuttle the Harmony project and instead of informing Harmony about this ASAP they strung Apache along for years and gave them the bad news as late as possible.

The way Sun effective altered the JSPA in order to add their new field of use restriction was with a nasty dirty trick that was certainly unethical and possibly illegal as well. Sun couldn't alter the JSPA directly because Apache would never agree to a change that would flush their years of hard work down the toilet.

What Sun did is they added the field of use restriction to their Technology Compatibility Kit (TCK). As defined in the JSPA and as implied by its name, the sole purpose of the TCK was to ensure an implementation was technically compatible with the Java standard. There was no prevision that said it could also be used to alter they fundamental terms of the JSPA such as by adding a field of use restriction.

You are implying that Google was bad because they weren't clairvoyant enough to predict that Sun/Oracle was planning to screw over Harmony in such a devious and underhanded manner. In fact, before Oracle bought Sun they were urging Sun to let Harmony have access to a TCK that they could use. How was Google supposed the predict that Oracle would pull a complete 180 and go back on their word about keeping Java Free right after they bought Sun?

The fact is that Apache put years of effort into developing Harmony based on the assumption that Sun would honor both the spirit and the letter of the JSPA. The first hurdle Sun created for Harmony was the exorbitant price of the TCK. There was no hint of end use restrictions. If Apache knew there were going to be end use restrictions then they wouldn't have wasted any more of their time on Harmony. In fact, shortly after it became known that an end use restriction loophole had been added to the TCK, Apache abandoned the Harmony project. Google was already using Harmony in Android before the underhanded TCK end use restriction loophole was made public.

In other words, Sun/Oracle's end use restriction dirty trick was made in response to Google's choice to use Harmony. Google did not choose Harmony to evade Sun/Oracle's end use restriction. The restriction was added to hobble Google's use of Harmony.

---
Our job is to remind ourselves that there are more contexts than the one we’re in now — the one that we think is reality.
-- Alan Kay

[ Reply to This | Parent | # ]

GPLv2 and the real story here.
Authored by: PJ on Saturday, April 21 2012 @ 08:45 PM EDT
Well, you are overlooking that there is a FOSS
perspective, because the API copyrightabiliy
issue will affect all developers, not just the
two fighting, and all software development, not
just Java.

Also, unless you have information you'd like to
share, what you wrote about Dalvik is not true.
Oracle has, by the way, already stipulated that
it is not suing over Dalvik.

So I question you technical descriptions, since
the one I happen to know something about is not
accurate.

[ Reply to This | Parent | # ]

GPLv2 and the real story here.
Authored by: tknarr on Saturday, April 21 2012 @ 09:59 PM EDT

The thing is, thought, that Dalvik doesn't fragment Java. Where it implements the Java class library, it implements it exactly as it's specified. There aren't any missing functions. There aren't any functions that do different things than what the specification calls for. There aren't any new functions that weren't in the spec. When you're working with those packages, you work with them exactly as they are in any other implementation of Java out there.

What Dalvik does is completely drop those parts of the Java class library that aren't relevant to smartphones. For instance the very large, very unwieldy and completely useless java.awt and javax.swing trees that provide Sun's idea of what a GUI implementation should be. This doesn't bother smartphone programmers, they never even think about using those parts in the first place because they just aren't suited to small-area touchscreens (not to mention the performance is poor even on powerful desktop systems, on much lower-powered smartphone processors it'd be downright physically painful).

Sun's goal was of course to make Java unsuitable for mobile development, forcing people to use the Java ME platform instead (which was never made openly available and which required special tools Sun could charge for). But Java ME itself wasn't very suitable, and developers simply didn't want to use it. Sun deluded itself into thinking it could force developers to develop applications the way Sun wanted them to instead of the way the developers wanted, and paid the price.

[ Reply to This | Parent | # ]

BAckwards and inside out
Authored by: Anonymous on Sunday, April 22 2012 @ 09:45 AM EDT
"Oracle's Java implementation is based on the OpenJDK which is
GPLv2,"


Is not true, it is the reverse, if anything at all.

And at that OpenJDK is clean room implementation based on Sun/Oracles Java
Specification.

Which is not the same thing, as Oracles Implementation.

[ Reply to This | Parent | # ]

Google did not fragment Java
Authored by: Gringo_ on Sunday, April 22 2012 @ 10:04 AM EDT

Google uses Harmony. Harmony is not Java (thanks to Sun not giving it the TCK) so how can anybody say Google fragmented Java?

What Google did was, in fact, brilliant! Without the TCK, Harmony was dead in the water. Google gave it life and a purpose, and a new name - Android. It is ironic that Sun itself inadvertently opened the door for Android by refusing Harmony the TCK. All in all, what Google did is sort of analogous to a brilliant remix in the field of entertainment.

All the above in this thread has been a wonderful discussion - provoked by somebody with a negative view of Google, whom I called a contrarian. His arguments have been thoroughly rebutted, and to have that collection of rebuttals here in one thread makes them an excellent resource for anybody who has been confused by Oracle's propaganda.

Nothing remains of the contrarian's arguments. They have all been torn to shreds. All that is left are his opinions....

Google has fragmented Java.

The legal arguments are, of course, very interesting, but I don't understand the Google bias here. Google pulled a schtick on Oracle

Oracle is simply using the API copyright as a legal tool, a tactic, to try and nail Google for something that Oracle believes (and I do, too) of very questionable ethics.

Is this lawful? Maybe. But it's certainly a nasty business trick. So now Oracle is trying to do a courtroom trick. That's all.

It was I who jokingly made that remark above about "stinkin' contrarians" and "heretics" late last night when I wasn't logged on. I think it is important to own up to that, lest someone think it was a sock puppet of the contrarian himself who injected that. The reason I said that was because I felt the contrarian was sincere but misguided. The wonderful rebuttals he provoked were a net gain, and neutralized his disparagements about Google. Just before my comment, PJ had jumped in, basically accusing him of being a troll. At that moment, I felt a little sympathy for the guy, even though I soundly disagree with him. Now, I am inclined to agree with PJ. Of course, PJ has a wealth of experience after running Groklaw all these years, and by now she can probably spot a troll from a mile away.

Having been thoroughly rebutted, all that remains of the the contrarian are his opinions, which he has every right to. We cannot take them away from him. But now when I look at the opinions expressed by the contrarian, I wonder what kind of person could hold such opinions, in light of the facts? He seems an intelligent person. I am suspicious that these statements do not represent honest opinions at all. They look more like they represent an agenda. Maybe not from an Oracle sympathizer - more like from one of the "Google is Evil" shills. I think PJ's interjection was right on the money.

[ Reply to This | Parent | # ]

GPLv2 and the real story here.
Authored by: Dave on Sunday, April 22 2012 @ 11:51 AM EDT
Well, that's certainly *one* way of looking at it. Others have a different
view.

As I see it, Sun made some very public decisions over the last 15 years that
affect a lot of people, and Oracle just wants to undo them now to get a slice of

the mobile pie that they never earned. That kind of double-cross never goes
over well with the tech community.

Open or closed? It's always a tough decision for a company to make. Over the
past 15 years, Sun made Java more and more open, but decided to use the
name Java as the point of control for the language, platform, and community.
They were clear: third parties were allowed to implement the language spec,
build compilers and VMs, rewrite the platform libraries, but they couldn't use
Sun's code without a license (by the end, GPL was an option), and they
couldn't call it Java without Sun's permission.

The idea was simple: try to build an open community of interest around Java,
but restrict commercial use via the name. After all, it was Sun's Java empire
that was strong and credible in the business world. Java runs the most secure
Web sites, they told us (on IBM and WebLogic's application servers). Millions
of devices ran Java (though did any of them ever do anything useful or
important with it?).

But Google had the audacity to take Sun at their word and succeed. Android
has found far more success on devices in the last 4 years than Java ever did
in the same time and the decade before. The Java brand has been completely
devalued in this space.

I'm sure Sun wasn't happy about it, but they recognized that Google was
playing by the rules they had set. Oracle, by contrast, decided to lawyer up and

try to rewrite history. They deserve to lose, and it's increasingly looking like

they will.

[ Reply to This | Parent | # ]

Google, Harmony, Android, OpenJDK
Authored by: SpaceLifeForm on Sunday, April 22 2012 @ 12:58 PM EDT
You wrote:
Google didn't like the GPL licensing because it would require handset manufacturers to open-source their modification to the code.

That is a false statement. The apps, written in Java, do not have to be licensed under GPL at all. Some are in fact.

The handset manufacturers in fact, have no need to worry about any mods, unless they are to the Linux kernel or to the userland apps that are GPL. Yes, there is GPL userland code in Android, but there is likely no need for a manufacturer to modify that code anyway.

The handset manufacturers would normally be doing their branding customization to the apps that are visible to the user on the screen. Apps written in Java.

What is interesting is the timeline of events, that may tell us some things.

2003 - Android project started (this is not Google)
2005 - Apache Harmony project started
2005 - Google buys Android
2007 - OpenJDK started

So, between 2003 and 2007, a lot of technical decisions had to happen to get us to where we are today.

But, at this point, I believe it should be feasible to replace Harmony with OpenJDK on Android.

And that would have no impact on the manufacturers.

But, it would impact the legal arguments from Oracle, no?

---

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

[ Reply to This | Parent | # ]

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