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| Authored by: Mark Haanen on Thursday, May 24 2012 @ 11:31 AM EDT |
No. It would be analogous if the Salvation Army was not only performing your
song, but also encouraging all passers-by to record their own version of the
same song, and I was aware of _that_ and didn't act.[ Reply to This | Parent | # ]
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- They did. - Authored by: Anonymous on Thursday, May 24 2012 @ 04:26 PM EDT
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| Authored by: Anonymous on Thursday, May 24 2012 @ 12:38 PM EDT |
Anybody can play or sing your song using their own voices and
their own instruments. They just can't record it without
your permission.
[ Reply to This | Parent | # ]
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- They did. - Authored by: Anonymous on Thursday, May 24 2012 @ 12:47 PM EDT
- They did. - Authored by: Anonymous on Thursday, May 24 2012 @ 03:01 PM EDT
- They did. - Authored by: PJ on Thursday, May 24 2012 @ 03:28 PM EDT
- They did. - Authored by: Anonymous on Thursday, May 24 2012 @ 03:08 PM EDT
- They did. - Authored by: PJ on Thursday, May 24 2012 @ 03:31 PM EDT
- They did. - Authored by: BJ on Thursday, May 24 2012 @ 04:18 PM EDT
- Interesting ... - Authored by: Anonymous on Friday, May 25 2012 @ 08:06 AM EDT
- Interesting ... - Authored by: Anonymous on Wednesday, May 30 2012 @ 09:25 PM EDT
- They did. - Authored by: AlexWright on Friday, May 25 2012 @ 11:23 AM EDT
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| Authored by: Anonymous on Thursday, May 24 2012 @ 01:46 PM EDT |
This is the concept of equitable estoppel.
Sun (possibly) had some property rights with respect to Java
vis SSO.
Sun knew that Harmony was engaging in behavior that might
have infringed their property right on SSO, but elected not
to enforce the property right. Indeed, they actively
encouraged Harmony (as long as they didn't use their
trademark).
Their conduct implied that Sun did not intend to enforce
their proported property rights to the SSO. Google was
aware of Sun's conduct with respect to Harmony.
Google relied on Sun's conduct as a promise they had no
rights to enforce. Google relied on that to their detriment
(Google invested heavily in Android). Sun is estopped from
now asserting that they had such a property right all along.
The purpose of equitable estoppel is to prevent "gotcha!"
attacks. For example, a patent holder sees a rival making a
product that clearly violates their patent. Rather than
point this out, they wait until a competitor invests huge
amounts of money making a whole line of products, all using
the patented technology. Then, when they've made millions
in profit, they say "Aha! You used our patent! You owe us
huge amounts of money."
You can see why it's somewhat applicable.... [ Reply to This | Parent | # ]
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| Authored by: PJ on Thursday, May 24 2012 @ 03:30 PM EDT |
How about if you told them, Hey, welcome to
the group that sings my songs! Great to
have you doing that song.
Now what should Salvation Army think?[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Thursday, May 24 2012 @ 04:51 PM EDT |
The 37 packages in Android come from the Harmony code. Their code was written
by the Apache Harmony project, and Sun thought there was nothing wrong with that
as long as they didn't call it Java.
Now when Google tries to use the same code that Sun did not complain about,
Oracle starts complaining about it.[ Reply to This | Parent | # ]
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