Linked by Thom Holwerda on Thu 28th Oct 2010 20:07 UTC, submitted by poundsmack
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I think you're missing the point mate. It's not that Google is somehow less guilty because they're using Open Source... It's that they would not be the ones who breached the copyright but rather Apache foundation might be.
In the event of a guilty verdict it doesn't change much I figure as the whether module is getting removed from Harmony or from Google directly doesn't really change that it would be unavailable I suppose. IANAL (Duh!) but I'm reasonably confident there would be a difference in financial and business repercussions though.
I think you're missing the point mate. It's not that Google is somehow less guilty because they're using Open Source... It's that they would not be the ones who breached the copyright but rather Apache foundation might be. In the event of a guilty verdict it doesn't change much I figure as the whether module is getting removed from Harmony or from Google directly doesn't really change that it would be unavailable I suppose. IANAL (Duh!) but I'm reasonably confident there would be a difference in financial and business repercussions though.
If the code is a copy, and not a re-implementation, then compensation would come down to damages and culpability.
If it was the Harmony project who copied code (rather than re-implemented it), then Google can't be held to be culpable.
It might boil down to a simple cure for Google to re-write bits of Android's code.





Member since:
2006-01-01
Oracle is building a case that will be tried by a jury, all of whom will almost certainly have no idea what Java is.
Ultimately, this type of clear duplication of code will be very persuasive in support of Oracle's case.
Also, this argument that Google is not responsible because they used Apache code is just silly. The reality is that using open source does not absolve you of copyright or patent laws.
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