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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 think this applies here | 388 comments | Create New Account
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I'm afraid you are stuck in the Java mind set.,
Authored by: Gringo_ on Sunday, May 06 2012 @ 01:53 PM EDT

The answer to which is yes they could and the result would not be Java.

There is no valid reason why Google could not have renamed Object as Root and replaced Class with Thing and make every Dalvik Thing extend from Root rather than Object.

What you would get would no longer be Java and nor would it contain the SSO, and many aspects of the toolchain/platform would have to be redone, but it *can* be done.

I am suggesting that would be a pointless exercise. Worse, it is not helpful to suggest someone would do such a ridiculous thing. It would be a new language. There is then no point in talking about it at the same time as you talk about Java.

and many aspects of the toolchain/platform would have to be redone

Redone? No - replaced! You wouldn't begin with the JDK. You wouldn't download Java SE. What you are left with bears no relationship at all to Java - not the language, not the tool chain, not the documentation.

Suppose you want to build a bicycle, but I complian that I have the copyright on bicycles. Yes - I said copyright! Like Oracle thinks they have a copyright on the purely functional API.

So you build a bicycle, and I take you to court, saying you have infringed my copyright. Then the judge asks - could you have built a bicycle without using Gringo's design? So we could all suggest you could have used 4 wheels instead of two, and you could have used a motor instead of my copyrighted peddle arrangement, and you could have used a steering wheel rather than my copyrighted handle bars....

So somebody shouts - but that's not a bicycle you built! It's a car. And somebody else says no - it was possible to built a bicycle without infringing Gringo's copyright - I just proved it. At this point, Gringo tears his hair out.

[ Reply to This | Parent | # ]

I think this applies here
Authored by: mosborne on Sunday, May 06 2012 @ 08:47 PM EDT
Crume v. Pac. Mut. Life Ins.Co., 140 F.2d 182, 184–85 (7th Cir. 1944) β€œTo hold that an idea, plan, method or art described in a copyright[ed work] is open to the public but that it can be used only by the employment of different words and phrases which mean the same thing, borders on the preposterous. It is to exalt the accomplishment of a result by indirect means which could not be done directly. It places a premium upon evasion . . . .”)
taken from footnote 127, page 19 Why Copyright Law Excludes Systems and Processes from the Scope of Its Protection by Pamela Samuelson

[ Reply to This | Parent | # ]

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