Linked by Thom Holwerda on Thu 28th Oct 2010 20:07 UTC, submitted by poundsmack
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?
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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.
Member since:2006-01-01
You are, in fact, correct that the simple remedy is re-implementing the code in a clean room context.
You are not correct that Google is not culpable. If I publish an encyclopedia from some content I found on-line marked as 'public domain' and it is later found to be the property of another party I would, at a minimum, have to pay damages to the other party equal to some percentage of revenue I might have derived from that content.
All that said, this is just a side show for Oracle to show that Google is being disingenuous. A side show to the main event if you will.
Member since:2006-01-01
News
Linked by Thom Holwerda on 05/22/13 13:38 UTC
"The Verge has learned that HTC's Chief Product Officer, Kouji Kodera, left the company last week. Kodera was responsible for HTC's overall product strategy, which makes the departure especially notable on the heels of the global launch of the make-or-break One. It's not just Kodera. In the past three-odd months, HTC has lost a number of employees in rapid succession." I really hope HTC pulls it together.
Linked by Thom Holwerda on 05/22/13 13:30 UTC, submitted by JRepin
"It is with huge pleasure that the Debian GNU/Hurd team announces the release of Debian GNU/Hurd 2013. This is a snapshot of Debian 'sid' at the time of the Debian 'wheezy' release (May 2013), so it is mostly based on the same sources. It is not an official Debian release, but it is an official Debian GNU/Hurd port release." Important note: 75% of Debian packages are supported bu Debian GNU/Hurd. Impressive.
Linked by Thom Holwerda on 05/21/13 22:06 UTC
"The first killer app was VisiCalc. This early spreadsheet turned the Apple II from a hobbyist toy to a business computer. VisiCalc came with room for improvement, though. In addition, a new architecture and operating system, the Intel-based IBM PC and MS-DOS, also needed a spreadsheet to be taken seriously. That spreadsheet, released in early 1983, would be Lotus 1-2-3, and it would change the world. It became the PC's killer app, and the world would never be the same. On May 14, IBM quietly announced the end of the road for 1-2-3, along with Lotus Organizer and the Lotus SmartSuite office suite. Lotus 1-2-3's day is done." Impressive 30 year run.
Linked by Thom Holwerda on 05/21/13 21:45 UTC
"There's a disconnect between how Apple CEO Tim Cook sees his company's tax strategies and how some members of the US Senate view it. That became clearer than ever today after Cook and two other Apple executives testified before Congress, explaining why they're holding most of their international income in Irish subsidiaries like Apple Operations International, which declare no tax residency anywhere in the world. AOI hasn't filed a tax return anywhere in the world for the last five years, yet it earned $30 billion in income from 2009 to 2012, according to a Senate report released yesterday." Just because something is legal, doesn't mean it's just. Apple, Google, Microsoft, and many more - these companies might not be breaking any laws, but it's obvious to anyone that what they are doing is scummy.
Linked by Thom Holwerda on 05/21/13 15:53 UTC
The new WebKit Opera for Android has been released. "Opera 14 for Android is built on top of Chromium 26, with a total overhaul of the UI in native code, making it fit well with the latest Android design guidelines. Go get the build from Google Play or point your browser to m.opera.com, and give it a spin!"
Linked by Thom Holwerda on 05/20/13 22:43 UTC
The Verge pointed me to a blog post by Leap Motion - which reveals how their Kinect-like motion control works with Windows 8. "From the second you plug in your Leap Motion Controller, you'll be able to browse the web and interact with your computer just by moving your hands and fingers in the air. With Leap Motion technology and Windows, you can do everything that's possible with multi-touch inputs - without actually touching anything. This also means that existing applications in Windows 7 and 8 will respond to your natural hand and finger movements. Soon, we'll show you how Leap Motion will work with Mac OS X." Quite cool.
Linked by Thom Holwerda on 05/20/13 21:50 UTC
PocketNow interviews Marc Dillon, and there's an interesting note about why Jolla is keeping the display properties under wraps: "We're leaving some of those details out because we do understand that there are a lot of really big players in the market and they tend to take certain components in the market and dominate them. We created the ability to actually be able to run Sailfish on multiple hardware displays and be able to swap components, so this is part of the demand and supply planning phase. We are committed to this industrial design which is a 4.5-inch display, an 8 megapixel camera on the back and a front-facing camera at the front, and the exact specs of the display we'll provide when we're close to delivery." Something you rarely hear anything about.
Linked by Thom Holwerda on 05/19/13 23:15 UTC
"This is my NeXTstation Turbo Color booting the Mac System 7.1 Operating System using a hardware add-on called 'Daydream'. The Daydream has a Mac ROM and a few custom ICs in it and hooked up to the NeXTs DSP port. Turns your NeXT into a full fledged 68k powered Mac." So cool.
Linked by Thom Holwerda on 05/19/13 23:11 UTC, submitted by Drumhellar
"The NetBSD Project is pleased to announce NetBSD 6.1, the first feature update of the NetBSD 6 release branch. It represents a selected subset of fixes deemed important for security or stability reasons, as well as new features and enhancements. Please note that all fixes in the prior security/bugfix updates (NetBSD 6.0.1 and 6.0.2) are also in 6.1."
Linked by Thom Holwerda on 05/18/13 21:06 UTC
"At the end of a week in which Electronic Arts confirmed it wasn't developing a thing for the Wii U, one of the software engineers in EA Sports' Canada studio, in a series of since-deleted tweets, disparaged the console as 'crap' and suggested Nintendo should give up on hardware altogether. 'The Wii U is crap. Less powerful than an Xbox 360. Poor online/store. Weird tablet', tweeted Bob Summerwill, listed as a senior software engineer at EA Canada, in a reply to a tweet posting a link about EA's no-Wii U news. 'Nintendo are walking dead at this point'." The Wii U is turning into the 21st century's Virtual Boy.More News »
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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.