Linked by Thom Holwerda on Thu 28th Oct 2010 20:07 UTC, submitted by poundsmack
Legal Now, this is an interesting development in the ongoing war against Android. Oracle didn't just sue Google for allegedly infringing its Java patents; it also claimed copyright infringement. Oracle has amended its complaint, and, fair is fair, they've got the code to prove it: indeed, Android contains code that appears to be copied verbatim from Java - mind you, appears. However, the code in question comes straight from Apache's Harmony project, which raises the question - would a respected and long-established cornerstone of the open source world really accept tainted code in the first place?
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RE[2]: But what about GPL?
by lemur2 on Fri 29th Oct 2010 02:25 UTC in reply to "RE: But what about GPL?"
lemur2
Member since:
2007-02-17

I wonder the same thing. And yes, dalvik is Apache License (BSD like) and not GPL, so this is a breach of the GPL. So Oracle is actually an advocate for the GPL and this is a GPL violation!?


GPL allows anyone to study the code, and to use it internally. Only-redistribution of the GPL code invokes the conditions within the GPL, permission to do anything else is granted unconditionally.

I would presume this means that it is perfectly permissible to de-compile GPL code, and then re-implement it so that the re-implementation is not a copy of the original.

Names of API entry points and the like are not protectable under copyright law, for reasons of interoperability.

You could end up with very similar-looking code that was not a violation of copyright, given the provisions of the GPL license.

Edited 2010-10-29 02:26 UTC

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