|
|
|
| Authored by: greed on Friday, April 27 2012 @ 09:36 PM EDT |
Oracle should have vetted the copyright registrations before beginning this
action.
Copyright registration, as I've learned, is a prerequisite in the U.S. to
launching legal action. Copyright adheres at creation (post Berne), but you
still have to file it before you sue.
It's like checking you've got beers in the 'fridge before your friends come over
to watch the fights. Or checking that the potatoes haven't grown into a
multi-eyed monster before planning to make French fries.
But if they only did "2-3 days" due diligence on buying Sun, it serves
them right! Between inspections, legal review, financing, insurance and the
rest, I spent more time than that just buying a house.
[ Reply to This | Parent | # ]
|
| |
| Authored by: Anonymous on Friday, April 27 2012 @ 11:06 PM EDT |
Yes of course Oracle are "entitled to rely on the Copyright Office
saying 'yes, we received the disks and someone logged that they
checked and saw the data?'"
But we haven't seen the documents, and from hearsay accounts
of attorneys' conversations with the judge, it seems that possibly
the Copyright Office did not check and see the data. As "greed"
says in different words, Oracle is looking more like SCO every day.
They didn't know what it was they'd bought the copyrights to,
or even if there was anything to copyright.
[ Reply to This | Parent | # ]
|
| |
| Authored by: Ed L. on Friday, April 27 2012 @ 11:58 PM EDT |
From the US Copyright Office'
FAQ:
Can I submit my manuscript on a computer disk?
No. Floppy disks and other
removal media such as Zip disks, except for CD-ROMs, are not
acceptable.
My bold. While not perfect, CDROMs are an awfully good
bet for long-term preservation. (Keep multiple copies, regenerate every five
years, etc.) One CDROM might be damaged, but at least the Copyright Office will
know it was there, and that *something* had been on it.
I'm not all
suggesting that Oracle does not have legitimate Berne Convention copyrights in
most parts of Java. But they should properly register those parts
before trial, and be prepared to specifically identify them in court.
Otherwise, what's the point?
---
Real Programmers mangle their own
memory. [ Reply to This | Parent | # ]
|
| |
| Authored by: Anonymous on Saturday, April 28 2012 @ 12:02 AM EDT |
What kind of disk is this? Is it a CD DVD disk? How do you wipe data off a cd?
You can destroy the data but can you wipe it as in make the disk blank as like a
new unused disk if it is fixated? The copyright office said it was blank. Did
they mean they could read nothing? Did they look at the recorded side to see if
it was different looking to the eyes than a new blank cd.[ Reply to This | Parent | # ]
|
| |
| Authored by: Anonymous on Saturday, April 28 2012 @ 10:54 AM EDT |
Registration of copyright, strengthens your copyright protection, and agrees
that you have something that is or has parts that are protectable.
It does not assert what is protected
Software copyright registration is a trivial process
50 pages of redacted source code (first and last 25)
50 pages of hexadecimal dump of the binary object code (first and last 25)
Manuals, Specifications and other associated documentation.
For comparison identify the each of the "works" and proceed with
abstraction and filtration as necessary.
Oracle has copyright in something, it doesn't matter whether it was registered
correctly, they must identify what it is for each of the works, parts of, or SSO
of they accuse of infringing.
And they have to prove it is theirs.
neither of which is very comforting
Do Google even need the last bit?
Or are they just being mean?
or something like that
[ Reply to This | Parent | # ]
|
|
|
|
|
