Linked by Thom Holwerda on Tue 5th Oct 2010 21:56 UTC
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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.




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.