Linked by Thom Holwerda on Tue 5th Oct 2010 21:56 UTC
Legal So, Google has finally officially responded (thanks for hosting, Engadget) to Oracle's patent and copyright infringement lawsuit against the search giant's Android mobile operating system. Apart from boatloads of pages on how Google pretty much denies any and all claims, there's a lot of interesting stuff in there - stuff that doesn't seem to bode well if the courts do decide Google is infringing Oracle's patents. It also makes it crystal clear that anyone who values Free and open source software should avoid Oracle products like the plague.
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Mouse Trap
by saidge@yahoo.com on Tue 5th Oct 2010 22:37 UTC
saidge@yahoo.com
Member since:
2007-11-06

Correct me if I'm wrong... but it sounds like Sun open sourced a mine field and kept the map under lock and key.

Now Google's stepped all over that mine field and never got the map, and Oracle armed the bombs.

That about right?

And remind me again, what good is open sourcing something without granting the applicable patent licenses?

It's like inviting someone to your house, saying 'mi casa es su casa' and then saying 'But if ye do summin I dun like, I'll shoot ya for tresspassin!'

Reply Score: 4

RE: Mouse Trap
by Kroc on Tue 5th Oct 2010 22:41 in reply to "Mouse Trap"
Kroc Member since:
2005-11-10

“it sounds like Sun open sourced a mine field and kept the map under lock and key.”

Yeah, it’s a shame nobody saw that possibility. Oh wait, loads of us did. You would have to be very dense, or brave, to develop with Mono, likewise.

Reply Parent Score: 4

RE[2]: Mouse Trap
by Thom_Holwerda on Tue 5th Oct 2010 22:46 in reply to "RE: Mouse Trap"
Thom_Holwerda Member since:
2005-06-29

I've always been one of "meh" when it comes to Mono, but over the past few months, I've been growing closer and closer to the those critical of Mono and its Microsoft ties. Let me make it clear, though, that this doesn't mean I support those rabid anti-Mono and anti-De Icaza idiots - I just think that relying on Mono is a shortsighted mistake.

This Java Oracle thing only strengthens that idea.

Reply Parent Score: 9

RE: Mouse Trap
by lemur2 on Wed 6th Oct 2010 01:13 in reply to "Mouse Trap"
lemur2 Member since:
2007-02-17

And remind me again, what good is open sourcing something without granting the applicable patent licenses?


Open source java (openjdk) does have an applicable patent license, the GPL grants exactly that.

http://openjdk.java.net/
http://community.java.net/mobileandembedded/

For some reason that I cannot fathom, Google chose not to use openjdk.

Edited 2010-10-06 01:13 UTC

Reply Parent Score: 3

RE: Mouse Trap
by graig on Wed 6th Oct 2010 03:40 in reply to "Mouse Trap"
graig Member since:
2010-09-18

if you open source someone, you should basically have given them the rights to use all patents, as you gave them the right to use the code the patents cover, it's pretty much implied that you gave the right to the patents also.

Reply Parent Score: 0

RE[2]: Mouse Trap
by lemur2 on Wed 6th Oct 2010 05:11 in reply to "RE: Mouse Trap"
lemur2 Member since:
2007-02-17

if you open source someone, you should basically have given them the rights to use all patents, as you gave them the right to use the code the patents cover, it's pretty much implied that you gave the right to the patents also.


The GPL includes a patent grant that does exactly that.

The problem here is that Dalvik is kind-of-like a Java, but it isn't java. It isn't compatible with java, it is not the same thing functionally, the bytecode binaries are not inter-operable.

I'm pretty sure that Sun's patent grant for java required that one's implementation of java was bytecode compatible with Sun's java. If it wasn't, you didn't get the patent grant.

However, Oracle's main problem is that in the past they have argued directly against this provision, and they are on record as saying so. Google has a right to have taken them at their word.

Reply Parent Score: 2