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Da Judge
Authored by: Anonymous on Friday, May 11 2012 @ 10:38 PM EDT

It is difficult to tell how good Oracles patent case was, but Google's seems very persuasive.

Oracle's counsel is clearly resorting to underhanded tactics in this trial- you may recall that they outlined their strategy at the beginning of this phase saying that Google was going to depend upon wordplay to evade responsibility.

[They agree that the dex tool does use simulated execution of bytecodes in other contexts, but not here.]

Oracle: But you say the dex tool does not use simulated execution for the purpose of static array initialization, yes?

Mr. Parr: Yes. The dex tool uses pattern matching, as I described. It does not represent simulated execution of those bytecodes.

Oracle: Because according to you, that has to be done on a stack machine, against a stack?

Mr. Parr: Yes. The only meaningful definition of simulated execution on a stack machine is manipulation of a stack.

The dex tool does not manipulate the Java stack, if you will, while it determines these static initialization elements.

Oracle: Even though the word "stack" appears nowhere in this claim, it's your contention that this claim requires the use of a stack?

Mr. Parr: Yes, and the reason I think that--

Oracle: That's enough; your counsel will have a chance to ask about that. Let's look again at line 37.

Mr. Parr: My favorite line. [chuckles]

Oracle: Well, it's my favorite, I don't know if it'll be your favorite after this.

So this class says it knows how to simulate the effects of executing bytecode. You would agree that this class simulates the execution of bytecodes?

Mr. Parr: Yes.

Oracle: Line 110, the word "simulate" appears again. "Simulates the effect of the instruction at the given offset ..." That is the word that the engineer chose to use.

Mr. Parr: Yes, but I'd point out that-- [Oracle lawyer interrupts] Sorry, sorry.

Oracle: [Points out lots more places in the code that refers to simulating execution; Parr agrees]

Oracle: So when the dex tool receives the bytecodes to initialize an array, you agree that the class Simulator will visit those bytecodes? You said it visits the first two bytecodes.

Mr. Parr: As part of array creation and initialization, yes.

Redirect of Dr. Parr, by Google

Google: You got some questions from Mr. Jacobs about the applications you looked at, right? [something about the Mitchell report]

Mr. Parr: I don't remember seeing an analysis of real-world applications by Prof. Mitchell.

Google: You were shown some parts of the Simulator class. When you have the Simulator class, and it uses parseInstruction, what does that parseInstruction do?

Mr. Parr: It decodes the individual bytecodes. As Your Honor asked earlier, why does it skip from 0 to 2, it's because it has to occupy two positions. parseInstruction decodes those.

Google: Does parseInstruction lead to another class?

Mr. Parr: [pause] Yes, you're calling that method on a BytecodeArray.

Google: Is parseNewarray called by things other than the simulator?

Mr. Parr: Yes, it's used by at least two things: the basic block identification, and something called dex dumper. Neither of those have anything to do with the simulator.

Google: Visiting the first two bytecode instructions. Did those instructions identify the initialization of the array?

Mr. Parr: No. Those are the instructions for creating the array.

ReCross of Dr. Parr by Oracle:

Oracle: [I didn't understand this at all. The Oracle lawyer pulled up the same debug trace that Parr used earlier to show that there are no stack operations in the array initialization, and he started literally reading the debug messages from that log. Then he looked at Parr accusingly, and said something like "is that correct?"]

Mr. Parr: Yes.

Oracle: [triumphantly] No further questions.

Did you notice that nonsensical bit at the end (though that is not the only example of nonsense in this transcript)? Oracle's lawyer is counting upon the jury being completely confused by these esoteric technical details, and puts on an emotional show, pretending that he is pointing out a contradiction in the witness's testimony. It's complete subterfuge. It is quite obvious that Oracle is putting on a charade hoping that the lazy or ignorant will side with them on purely superficial grounds. It is an example of the most cynical form of legal posturing.

It seems to me that this judge understands what is going on and wishes to nip this whole affair in the bud, but it must be done in such a way as to follow all of the rules.

[ Reply to This | Parent | # ]

Da Judge
Authored by: Gringo_ on Saturday, May 12 2012 @ 01:18 AM EDT

It is difficult to tell how good Oracles patent case was, but Google's seems very persuasive.

...but I sometimes wonder what it would look like to me if I wasn't biased in favour of Google, if I wasn't against software patents, if I didn't believe APIs should be open, and if I had no opinion either way about either of these companies. I dare say I would be confused by the rhetoric. I have been following Groklaw for many years. I always read the motions of the parties we all favour (which come to think of it has usually been the "defendant"), and then the motions of the plaintiff. I always hate the plaintiff, and rail against their arguments. On the other hand, I have to admit that without the context I carry around in my head, they would be just as persuasive as the defendants arguments.

Then I think about the great unwashed public out there, who know nothing about this "context" I carry around in my head. What do they think? Well, we know what they think. We would say they have no perspective on the issues, but they don't know that.

In the end, I must confess I don't know what I am trying to say here. Maybe you do.

[ Reply to This | Parent | # ]

No it's not
Authored by: celtic_hackr on Monday, May 14 2012 @ 02:35 AM EDT
For any programming literate person it's open and shut. Google's experts
testimony is devastating to Oracle's case. Are are college programming textbooks
world-wide. The evidence of the falseness of Oracle's claims is like Mt. everest
to an anthill that's just been stepped on.

The testimony was clear enough, an intelligent jury should be able to pick out
the baloney from the facts. Oracle has no case here. They should be reprimanded
for the lack of a case they have here. It's just plain, mean barratry.

[ Reply to This | Parent | # ]

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