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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RE: Mouse Trap
by graig on Wed 6th Oct 2010 03:40 UTC 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