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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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How to reconsile non-ownership with patent assertion | 360 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
How to reconsile non-ownership with patent assertion
Authored by: Anonymous on Tuesday, May 08 2012 @ 10:25 PM EDT
The two comments above raised a question that I can't answer...

If Oracle doesn't own the copyright for the implementation (assuming this is
covered by one of the gpl'd implementations like Harmony), wouldn't they have
had to knowingly taken this infringing implementation from Apache?

It would be like if I bought a gun from a convicted felon, then called the
police on the seller for illegal possession. I may be in the clear once I have
the gun, but the transaction itself would be tainted because the seller couldn't
have legally had it to begin with. (Bad example for a slew of reasons, but
illustrates the point reasonably well).

They may be in the clear GPL-wise, but how can they then justify not suing
Apache immediately? Couldn't Google raise the defense that given those events
they believed it not to infringe?

-Cory Fields

[ Reply to This | Parent | # ]

Patent ’104 — a “method and apparatus for resolving data references"
Authored by: Anonymous on Tuesday, May 08 2012 @ 11:30 PM EDT
"Resolving symbolic references into pointers (i.e. addresses) - that
must've been obvious to anyone in IT since the dawn of the internet."

To my recollection, this PREDATES the Internet.

[ Reply to This | Parent | # ]

Patent ’104 — a “method and apparatus for resolving data references"
Authored by: ThrPilgrim on Wednesday, May 09 2012 @ 09:10 AM EDT
I keep thinking of Symbolic Assemblers from the early 1970's

---
Beware of him who would deny you access to information for in his heart he
considers himself your master.

[ Reply to This | Parent | # ]

Patent ’104 — a “method and apparatus for resolving data references"
Authored by: red floyd on Wednesday, May 09 2012 @ 11:22 AM EDT
My copy of Deitel's OS book discussed late binding back in '84.

---
I am not merely a "consumer" or a "taxpayer". I am a *CITIZEN* of the United
States of America.

[ Reply to This | Parent | # ]

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