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[4]: does it matter?
by JAlexoid on Fri 29th Oct 2010 22:54 UTC in reply to "RE[3]: does it matter?"
JAlexoid
Member since:
2009-05-19

You are, in fact, correct that the simple remedy is re-implementing the code in a clean room context.

You are not correct that Google is not culpable. If I publish an encyclopedia from some content I found on-line marked as 'public domain' and it is later found to be the property of another party I would, at a minimum, have to pay damages to the other party equal to some percentage of revenue I might have derived from that content.

All that said, this is just a side show for Oracle to show that Google is being disingenuous. A side show to the main event if you will.


And since Google does not sell the code in question, how can the damages be calculated?

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