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
104 patent stipulations - another angle | 49 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
104 patent stipulations - another angle
Authored by: Ian Al on Monday, May 07 2012 @ 12:23 PM EDT
If I have it right, 104 can only be used in the Sun JDK if it is in a Sun
product. (Too bored to look up what it does, atm).

Both Harmony and Google insist that those incitable developers download the Sun
JDK and that JDK comes with a Sun licence permitting use of the JDK.

As we saw in the SCO v. Novell case, a licence or contract giving permission to
use something also gives explicit permission to use any protectable copyright
and any patented inventions in the something owned by the JDK owners.

My bet is that the licence does not restrict the use of copyrights and patents
to just the JDK materials since they have to be used on non-Sun software. That's
what the JDK is provided to do. I don't see why it would not provide a broad
patent licence to the machine that has the Sun JDK licensed and installed if the
invention is used in conjunction with the JDK which, of course, it would be.

One other point, is the JDK in any of the accused devices? If not there, where?
Does the developer require a software patent licence in his legal jurisdiction?
How do you know? How does Oracle know?

---
Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid!

[ 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 )