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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What is the real issue here?
by abraxas on Fri 29th Oct 2010 10:32 UTC
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People seem pretty confused over this including me. Here's what I understand, correct me if I'm wrong.

Harmony was created as a Java SE implementation, validated by the Java TCK, which only allows for desktop implementations of Java. Oracle, formerly Sun, does not allow implementations for mobile devices to be validated by the Java TCK. So Google did an end around for Dalvik by using a validated open source implementation for their base, namely Harmony. Now Google doesn't claim that Dalvik is Java and it isn't since it only includes a subset of the specification but since the code was originally a part of project Harmony which was validated by the Java TCK Oracle cannot sue Harmony because they didn't violate the license while Google did with its mobile implementation, sort of. It really isn't that clear. I believe the whole code theft thing is really a red herring considering Java is open source (or am I missing something?). The real issue is whether or not it can be transferred to Harmony and then on to Google's Dalvik in such a fashion as it has been without violating the license.

Can anyone clarify?

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