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More FloMo dissection... | 392 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
More FloMo dissection...
Authored by: calris74 on Thursday, May 31 2012 @ 11:49 PM EDT
Very few companies in Google's place would have taken the risks associated with his before the trial began, and the risks that still remain.
Very few companies are as courageous as Google. Unlike Novell when SCO came-a-knocking
even he is clearly unsure of the defensibility of his ruling on appeal, even though he certainly didn't make that concession in the order itself.
Maybe somebody should have been following the trial rather than drinking from the coolaide fountain. I'm sure the Judge is >> 50% sure an appeal will fail
With the greatest respect for Judge Alsup, he doesn't have the final say
Although truthful in it's content, I see no level of respect in that statement.

[ Reply to This | Parent | # ]

Florian Mueller's mysterious take...
Authored by: Anonymous on Friday, June 01 2012 @ 03:23 AM EDT
As of now, Google's decision to defend its position at a trial has paid off: it gets away unscathed, at least for another couple of years, with what it's done
So, Google is as guilty as sin - It's just that Oracle haven't found a way to prove it yet
No, it is just that there is no law against what they did. They most certainly did profit from Sun's work of establishing Java. But the popularity of Java (and thus Sun's business) most certainly also depended on the perception that the language and library definition of Java was free to use (and frankly: without that, you could not even write third-party textbooks without permission).

The law provided a win/win situation for participants in the market, as it should. And Oracle wanted to win all. It is true that Google profited from Sun's work and was able to carry off its winnings. The purpose of the law is to balance individual interests to arrive at a whole picture advancing the common good.

Given the frankly lunatic terms in "click-through" contracts everybody takes for granted, it is easy for companies to forget that they don't own their customers and are not owners of every direct or indirect consequence of their work.

It is certainly a valid view that Google ripped Sun off. But that does not mean they breached the law or the rules supposed to govern the marketplace of ideas. It is not like Oracle does not take advantage of its rights when on the receiving side of benefits in this market.

[ Reply to This | Parent | # ]

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