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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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I completely agree: the GPL'ed code is not relevant! | 158 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
And the geeks attack
Authored by: Anonymous on Monday, April 30 2012 @ 10:48 AM EDT
Two simultanious posts on basically the same thing, immidiately after the
article went up.

It definitely points out that Mark still hasn't quite groked the difference
between a language and it's implementation (or documentation) yet. And that
difference is *important*!

You can't GPL a language, it's not copyrightable. You can GPL any particular
implementation of a program that works with the language though.

If the situation was any different, you could copyright file formats (they're
fundamentally the same as programming languages), and MS would be suing OOo for
copyright infringement. Hey, doesn't Oracle own that?

[ Reply to This | Parent | # ]

What was it?
Authored by: Anonymous on Monday, April 30 2012 @ 01:11 PM EDT
What was it?

LANGUAGE - Public domain.
Anyone can use or implement the Java language.

JAVA - Oracle is the owner of that name. No one could call their Language JAVA
(using Oracle's trademarks), unless they met Oracle's conditions and they need
not use Oracle's code to do that.

CODE - GPL
Are we talking about Sun's code for the ... err, what is it, really? What was
it? I really don't remember here.


/IMANAL

[ Reply to This | Parent | # ]

I completely agree: the GPL'ed code is not relevant!
Authored by: jbb on Monday, April 30 2012 @ 01:59 PM EDT
As I've said before, the GPL'ed versions of Java are not directly relevant to this case. They only come in as examples of Sun's lack of concern about fragmentation caused by implementations that don't use the Java trademark.

The mistake that keeps getting made is people think the GPL'ed versions are directly relevant and that leads them to believe that Google doesn't understand the GPL. Just leave the GPL out of this case entirely (except when a party mentions it explicitly) and you will have a better understanding of what is really going on.

Along similar lines, I've also explained why, even if it was available at the time (which it was not), Google's use of OpenJDK would have been more troublesome IP-wise than using Harmony.

TL;DR: as Mark Webbink has said, the GPL-2 does not give you iron-clad patent protection so you are better off getting an explicit patent license in addition to using the GPL-2 copyright license.

---
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 | # ]

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