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| Authored by: BitOBear on Wednesday, May 16 2012 @ 11:28 PM EDT |
The "you" in your formation is not Google, it'd Donor Guy.
The vague question of "what else he might [have taken]" is immaterial
to this case.
Sun has Unclean Hands by profiting from Donor Guy's "improper" actions
since they profited in reputation and such by releasing the "tainted"
OpenJDK.
Google had no way to know that Apache Harmony was in any way tainted because Sun
didn't exercise due diligence in its dealings with an ex-employee (or it -did-
so exercise said diligence and realized it didn't care about the
"infringement" at the time since it furthered their goal of releasing
OpenJDK in what they -knew- was a open license).
Your point is basically a "credit default swap" applied to
"intellectual property", if accepted as kosher it will lead to an
intellectual market collapse unless "intellectual property workers"
are eternally slave to their first employer.
[It is also "normal" in the field to take some representative code
with you when you leave a previous employer so that you have "code
samples" to show prospective employers. You -aren't- supposed to put that
code into the new employer's pot of course. But this is just like any engineer
keeps copies of his field notebooks pretty much forever, and always has. So to
us finding famous people's papers and writings making their way into collections
and libraries when they die. Keeping your own code is not like stealing a fax
machine when you leave. It is your employer's legacy but it is your own legacy
as well. Unless it's classified in which case the government gets to lock it in
a box.]
[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Thursday, May 17 2012 @ 11:38 AM EDT |
> If you "stole" rangeCheck from your previous employer, what else
did you take?
Given that Oracle analyzed all 15m LOC and came up with exactly 7 non-blank
lines of copied code, I would say you "stole" 7 LOC and 2 blank lines
in total.[ Reply to This | Parent | # ]
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