Linked by Thom Holwerda on Fri 9th May 2014 18:36 UTC
Legal

A San Francisco federal judge had decided that Oracle could not claim copyright protection on parts of Java, but on Friday the three-judge Federal Circuit panel reversed that ruling.

"We conclude that a set of commands to instruct a computer to carry out desired operations may contain expression that is eligible for copyright protection," Federal Circuit Judge Kathleen O'Malley wrote.

This is terrible news for the technology industry and us enthusiasts.

This case should have ended with this. Everything after that is a sham.

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RE[3]: Switch to C#
by japh on Fri 9th May 2014 22:01 UTC in reply to "RE[2]: Switch to C#"
japh
Member since:
2005-11-11

C# and .NET would actually solve all of Google's problems (both current and upcoming) with Oracle.


What about the upcoming problems with Microsoft? You really think MS wouldn't do their best to bring Android down, like they already are doing?

Reply Parent Score: 3

RE[4]: Switch to C#
by Nelson on Fri 9th May 2014 22:31 in reply to "RE[3]: Switch to C#"
Nelson Member since:
2005-11-29

Perhaps (arguable, given that Microsoft now manufactures and sells Android devices), but not using C# and .NET as an attack vector.

The promises and patent grants are legally binding. You'd have an equitable estoppel defense.

This is in stark contrast to the weak defense Google put up (and that Thom references). Here's a quote from Judge Alsup:


Google's equitable defenses rest primarily on a November 2007 blog post by Sun's CEO congratulating Google on the release of Android, as well as similar positive statements by Sun executives thereafter. Congratulatory statements do not fall under the narrow circumstances proscribed by our court of appeals. Even if Google understood Oracle and/or Sun's conduct to condone use of the Java API packages, the 'course of conduct' must be assessed for an affirmative grant of such consent. None is apparent from the evidence Google presented here. Google has supplied no relevant authority that would support a finding in its favor on these facts. Furthermore, from the present record it would be impossible to determine the scope of any implied license. Under Google's theory, infringement is excused as to any aspect of Android because the whole of the platform was generally applauded by Sun. Such a finding is not supported by precedent.

Reply Parent Score: 3

RE[4]: Switch to C#
by tanishaj on Fri 9th May 2014 23:05 in reply to "RE[3]: Switch to C#"
tanishaj Member since:
2010-12-22

What about the upcoming problems with Microsoft? You really think MS wouldn't do their best to bring Android down, like they already are doing? [/q]

Microsoft already gets a license from most Android sales.

"Their best" attack against Android is probably making Windows Phone free.
http://www.forbes.com/sites/ewanspence/2014/04/02/microsoft-offers-...

Of course, Microsoft is actually an Android phone maker:
http://www.nokia.com/global/products/nokia-x/

Instead of philosophical arguments, I would like to hear your legal explanation of how Microsoft gets around the Apache 2.0 license that they have used for much of the .NET code. It is OSI recognized and contains an explicit patent grant.

I do not mind hating Microsoft but some acknowledgement of the facts would be great.

Reply Parent Score: 3

RE[5]: Switch to C#
by japh on Sat 10th May 2014 11:59 in reply to "RE[4]: Switch to C#"
japh Member since:
2005-11-11


Instead of philosophical arguments, I would like to hear your legal explanation of how Microsoft gets around the Apache 2.0 license that they have used for much of the .NET code. It is OSI recognized and contains an explicit patent grant.


I don't know. This is not my field of expertise and I've given it 15 minutes of thought.
What I do know is that Microsoft stands to lose billions on losing the market to Google (and not just smartphones, they risk their cash cow windows as some part of computing is moving from desktops).

With that in mind, I'm sure they'd put much smarter people than me looking for any possible way to attack Android (I'm sure those people are already hard at work...) and if they found a way to use C#/.Net without outright breaking the law, I have no doubt that they'd exploit every opportunity.

And that's not "Microsoft is evil", that's pretty much what every major company would do in that situation.

Reply Parent Score: 1