Linked by Thom Holwerda on Thu 10th May 2012 05:00 UTC
"[...] despite Oracle pointing out the commercial success of Android - which would tend to weigh against a finding of fair use - it was clear that Judge Alsup wasn't inclined to side with the company. The judge even scolded Oracle counsel Michael Jacobs when he first argued his case, pointing out that the company's legal team had insisted on a jury trial and that 'now we got their verdict and you want something else'." Someone must be having a bad day.
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Member since:2007-02-17
It all comes down to NINE (9) lines of code, now...
A freaking array range-check in java, no less.
And, get this, the programmer accused of doing the copying is the same programmer that wrote the original code...
A freaking array range-check in java, no less.
And, get this, the programmer accused of doing the copying is the same programmer that wrote the original code...
In order to be a copyright violation, the copied code must constitute a major element of the derivative work.
http://en.wikipedia.org/wiki/Derivative_work
"In United States copyright law, a derivative work is an expressive creation that includes major, copyright-protected elements of an original, previously created first work (the underlying work)."
Nine lines does not constitute a major element of Dalvik nor Android.
There are no damages to be claimed here.
Member since:2007-02-18
Features
Linked by Thom Holwerda on 05/21/13 21:38 UTC
At an event earlier today, Microsoft unveiled the next Xbox - the third model, but confusingly named Xbox One. The big focus was TV, integrated Kinect, and all the other stuff we all expected to be forced down our throats. I think it took them 25 minutes to actually come to what should be the core of the story: gaming. Nothing groundbreaking in the gaming department, except for how Microsoft intends to handle the used games market and borrowing games from friends: pay up, buddy!
Linked by Thom Holwerda on 05/20/13 11:29 UTC
The day has finally come! Jolla has finally announced the launch device for its Sailfish operating system - and by god this is a looker. It's decidedly different from other phones out there, but it has good specifications and carries a relatively reasonably price tag - EUR 399, and it's up for pre-order today, shipping in the fourth quarter of this year.
Linked by Thom Holwerda on 05/18/13 21:33 UTC
Why does Google get so much credit in the technology industry? Why, despite the company's many obvious failings, do many geeks and enthusiasts still hold a somewhat positive view on the all-knowing technology giant? A specific talk at Google I/O this week provides the answer.
Linked by David Adams on 05/16/13 4:23 UTC
OSNews is a sponsor of this year's O'Reilly OSCON in Portland, Oregon, USA. A lucky OSNews reader will win a free three-day pass, including two tutorials days. To win the pass, post a comment on this story saying something about Open Source Software or OSCON. We'll pick a winner at random next week. If you don't have an OSNews account, you may email us your entry. Part of the conference is the 9th annual Open Source Awards, and today the 16th is the deadline for nominations. If you'd like to nominate an outstanding open source contributor, do it here. Read on for more information about OSCON. Update: The 20% discount code for OSNews readers is "OSN."
Linked by Thom Holwerda on 05/11/13 21:41 UTC
"Windows is indeed slower than other operating systems in many scenarios, and the gap is worsening." That's one way to start an insider explanation of why Windows' performance isn't up to snuff. Written by someone who actually contributes code to the Windows NT kernel, the comment on Hacker News, later deleted but reposted with permission on Marc Bevand's blog, paints a very dreary picture of the state of Windows development. The root issue? Think of how Linux is developed, and you'll know the answer.
Linked by Thom Holwerda on 05/08/13 14:22 UTC
This is one of those news items that's fun to write, fun to read, fun to comment on, and where no one will be able to say anything unkind. It's all just one big ball of awesome fluffiness. TuneTracker, the BeOS radio automation software, has just released something very special: TuneTracker System 5, the first version designed entirely and specifically for Haiku. In fact, it actually includes Haiku in the software package. Better yet, TuneTracker also unveiled several system-in-a-box products - which have Haiku and TuneTracker pre-installed.
Linked by Thom Holwerda on 05/02/13 15:28 UTC
Exactly twenty years ago, a document was published that played a huge role in establishing the web as we know it today. Twenty years later, and this simple and straightforward document is proof of an irrefutable fact: while closed technologies can change markets, open technologies can change the world.
Linked by Thom Holwerda on 04/29/13 21:06 UTC
Oh multitasking. That staple of computing that got thrown out the window with many modern smartphones. We got some rudimentary thing in its place - but even as multitasking on phone and tablets improves, its user-visible side remains cumbersome. Windows 8 has a neat implementation, and now it's time Android follows in it footsteps.
Linked by Thom Holwerda on 04/24/13 22:24 UTC
They're here! Whether that excites you or not remains to be seen, but the Galaxy S4, which will most likely become the best selling Android smartphone of the year by a huge margin, has been reviewed by all the major sites, and there's lots of interesting conclusions in there - although I think most of you will get the gist.
Linked by Thom Holwerda on 04/18/13 11:21 UTC
Nokia has posted its quarterly results for the first quarter of 2013, and just like the quarters that came before, there's not a whole lot of good news in there. The rise in Lumia sales still can't even dream of making up for the sales drop in Symbian phones, and when broken down in versions, the sales figures for Windows Phone 8 Lumias in particular are very disappointing. In North America, Nokia is getting slaughtered.More Features »
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Member since:
2005-07-24
It all comes down to NINE (9) lines of code, now...
A freaking array range-check in java, no less.
And, get this, the programmer accused of doing the copying is the same programmer that wrote the original code...
Perhaps, just perhaps, we need to extend, by law, forced forgiveness of these types of situations. Still require the end of use of the copyrighted work, but not permit any punitive damages when it is quite obvious the code could have been easily recreated by simple incidental recollection.
I wrote a program many years ago to check for the death of a thread, I was contacted that my code appeared to be a near direct copy of code I had never even seen. My variable names, indents, spacing, and more was apparently spot-on with the code.
How could that happen?
Well, I learned to program by reading the public APIs, example applications, and documentation from the same source as the program I apparently cloned so closely. ...Seems only natural that my code would be so similar.
As a result, I changed my coding style quite drastically... something which I've had to undo in recent years while once again attempting to code in the public eye.
--The loon