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?
Thread beginning with comment 447503
To read all comments associated with this story, please click here.
does it matter?
by kristoph on Thu 28th Oct 2010 20:51 UTC
kristoph
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.

]{

Reply Score: 1

RE: does it matter?
by nebakke on Thu 28th Oct 2010 22:49 in reply to "does it matter?"
nebakke Member since:
2006-09-04

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.

Reply Parent Score: 1

RE[2]: does it matter?
by lemur2 on Fri 29th Oct 2010 02:37 in reply to "RE: does it matter?"
lemur2 Member since:
2007-02-17

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.

Reply Parent Score: 1

RE[2]: does it matter?
by kristoph on Fri 29th Oct 2010 18:26 in reply to "RE: does it matter?"
kristoph Member since:
2006-01-01

No, copyright law does not work like that. If you copy someones copy you are culpable. Otherwise, everyone would circumvent copyright through a shell entity that did not have the resources to pay remedies.

Reply Parent Score: 1