Kodak vs. Sun Java Trial Date Set
sirshannon writes "CNET News.com.com.com.com is reporting that the Kodak vs. Sun trial date has been set for September 15. Kodak claims that Java infringes on 3 patents they hold and have been trying to "resolve" the issue for 4 years or so. More info here."
Must be a case of overexposure.
The term Java can refer to:
* Java (island) - the main island of Indonesia
* Java, Georgia - one of provinces of the Republic of Georgia
* Java coffee - a variety of coffee plant which originated on the island
* Java programming language - named after the coffee
* JavaScript - A Java-like scripting language used in web pages.
* Javanese language
* Java (board game)
* Java (chicken) - a breed of chicken
Like most of the patents that companies sue other companies over, these are particularly vague and empty. I'm surprised there isn't prior art on all of these.
These are two companies on the ropes. One of them has decided that litigation is a viable survival strategy. Say what you will about either of these companies, this litigation is not a good thing for either of them.
Maybe I'm missing something, but I don't see what the non-obvious innovations are in these patents. The first one, for example, seems to describe a perfectly ordinary object system, no different from what has been in languages Smalltalk, C++, and CLOS for twenty years or more. The fact that the object system appears to be intended specifically for management of certain types of data doesn't make it any more innovative. Not that Sun's recent behavior makes me like them, but I wonder if Kodak's patents are valid.
Is it me, or does this summary feel suspiciously like every other programming language ever written? It seems to me that core concepts fundamental to any language shouldn't be a valid basis for IP...
Everyone knows patents are bad blah blah blah but let's take a look at these patents in question.
5,206,951 - Integration of data between typed objects by mutual, direct invocation between object managers corresponding to object types
5,421,012 - Multitasking computer system for integrating the operation of different application programs which manipulate data objects of different types
5,226,161 - Integration of data between typed data structures by mutual direct invocation between data managers corresponding to data types .
This just looks like object oriented programming to me. So how can they sue SUN over Java. I was under the impression you couldn't patent things like this.
Hold up, wait a minute, let me put some pimpin in it
... their position on Patent on Java. That's why maybe some tought "ok, let sue them" ;-)
/. some dumb things opensource & Java. As a reminder, thanks to Apach Group you have no more (!!) limitation build a opensource version complient with the spec.
;-)
;-)
;-)
Ok, some offtopic now, i saw on
See for instance a "nice" reference in the Tiger specification (upcoming J2SE1.5)
http://www.jcp.org/en/jsr/detail?id=176
4.1 This section contains any additional information that the submitting Member wishes to include in the JSR.
Sun plans to adhere to the proposed new JSPA licensing model for this JSR, including allowing independent implementations, licensing the TCK separately from the RI, minimizing shared code, and licensing any remaining shared code (such as the verifier) on simple non-restrictive licensing terms. In addition Sun plans to make it easier for academic and non-profit groups to obtain access to the RI and TCKs.
So why is GNU's classpath still lagging ? anybody at FSF care about the advantage this could bring to OSS comunity ? Think of it Mr RMS
Let's get GNU's Classpath full Java complient !!!
This is not at all trollish in mind, it is just something i warn people that is now possible, and whatever Sun is willing to do in the future they can no more do anything about that
Of course some people, said that the RI should be OSed (cf. the last ran between Sun & IBM couple of days ago). I agree if it is a GPL, but if is a less viral license then the risk of seen MS take advantage of this to weaken the platform is high.
Meanwhile, why wait from Sun, when we can get our own
I'm not a fan of Kodak. Their close-minded strategies, their crappy "Easy Share" cameras with even worse batteries, their kiosks that supposedly make photo imaging simple and yet take longer and often don't work and I most certainly detest any company that relies on suing people to make money (yes, this means I hate law firms too). I can however say that it is sad to see Kodak going this way. They were, at one point in my life, a very strong and well-respected company who was on the leading edge of photography and lent a lot to the world. Unfortunely they lack any adaptability at this point in time, their profits are dwindling and their company could be facing bankruptcy if there is no upsurge in 35mm camera purchases...
As I said, it will be sad to see them go, though when the inevitable does happen, I hope they smile for the camera....
The patents deal with objects and the way objects can be manipulated in a computer. Basically it deals with object oriented programming. Now someone tell me that OOPS is not patented a technology and we don't have to pay a royalty everytime we write a program using the OOPS paradigm.
So the question is what ramifications do these software patents have for the programming world as a whole? And why is Kodak targetting only Java and therefore Sun. Why not C++ or other OOPS languages?
Everyone probably knows that Kodak was falling off but it has just reach a new low. Looking at the patents they claim they own you'll note that every program every written that makes use of an object manager is infringing on their patent. This patent is totally unenforceable. And I can honestly say with confidence that there is definitely prior art out there.
Kodak is sinking and needs management change.
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One is born into aristocracy, but mediocrity can only be achieved through hard work.
this i think will be an interesting debate - first, the patents can be flagged as suspicious; however, they do predate java (just) :P i think that kodak has been spurred on from this due to the sun vs m$ settlement recently.
first things that come to my mind
- why wait nearly 10 years?
(i started Java development in 1995, certified 1999)
is there any reason why kodak didn't come forward when Java became public in 1995? they say they'll been trying to resolve it for 2-3 years, but that still marks it as 2001-2002 (6-7 years after creation).
- can you really due if no money is being made?
sun doesn't sell Java, so, technically kodak is not losing money from the language itself. sure Sun gets side-effect benefits from Java (publicity et al). but, as the Java creator, its always been free - and, not a single dime has been made on the language itself. the sun vs' m$ was for anti-trust issues, not the language.
these type of things make me want to patent anything i can think of and then wait for an innocent company to make it a reality and then sue their asses off.
Kodak is sinking and needs management change.
Since they are adopting the SCO business model, they might consider Darl. I hear he might be on the market soon.
I may be totally wrong, but this kind of action altought not directly profitable to the suer, may accomplish other goals, read FUD.
Achille Talon
Hop!
...in the USA ever take time off from their busy legal schedules to do business?
Free Firefox news reader.
This appears to me to be a case of prior art, by Java itself. I guess Kodak thinks changing a product's name is equivalent to it being born. Anything that existed before never happened.
Just reading the first patent (5,206,951) it would appear that Kodak has a patent on Object Oriented software.
The patent is sufficiently vague as to encompass so many things it probably covers RMI as well.
But shouldn't a vague patent make it easier to find prior art?
patent 5,421,012 seems unrelated, unless their trying to tie it in to J2EE application servers in some weird fashion.
5,226,161 is just gettings stupid. Patenting "object managers" in any way shape or form is stupid.
They are simply patenting object oriented elements of software. They can not succeed with this vague strategy for a few reasons. One, they do not have enough money to take on the whole software world. Two, their patents are so close to OOD that their must be tons of prior art.
...with the finest traditions of companies going down the toilet, Kodak has resorted to the "litigate to make a final buck" tactic.
Alright, these kinds of posts come up in every lawsuit story, and I just don't understand why. Company X sues someone, and instantly people make these grand announcements about how X is falling and relying on the patents in a last ditch effort to remain afloat.
Kodak is doing fine. They're a very, very big company. They are quite profitable.
Too bad we don't have some sort of vast network of worldwide computer systems over which one can quickly access such information.
I'm not defending their actions here, of course. The patents look pretty sketchy, but then again I've only read the abstracts. Maybe in the main body they elaborate something new, so I'll refrain from judgment.
While Kodak was slugging it out with Fuji, Ilford, and Agfa across the globe for the traditional film business, all kinds of new competititive threats like HP (a company no one would have called a Kodak competitor 10 years ago) have sprung up and made mincemeat out of what should have been a natural for Kodak: transitioning people and themselves to digital.
Alas, someone was asleep at the switch, oodles of people have lost their jobs, and Kodak, a name almost synonymous with quality photography, will likely be sliced into a much smaller company just to stay afloat. What a shame.
Its only hope is that Hollywood continues using traditional film for feature films forever. Oh, wait, that's not gonna happen, either. Scratch that.
Ah yes, Wang! Software! We have a way out! Let's get people to pay us for our patents! Nice try.
I have to give them praise for trying to work out something with Sun amicably (however zany the claim may seem to us now) without pushing the big red LAWSUIT button long ago, but it does quite seem to be an attempt to make an end run for the cash.
My only advice to Kodak: get HP to buy you. (You heard it here first.)
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Nope. Not gonna do it. Wouldn't be prudent. Not at this juncture.
We europeans have luck because the European Parlament decided against software patents. Now this is in jeopardy.
The patent officials in the Commission and Council are abusing the legislative process of the EU. Their convoluted and misleading Patent Newspeak, negotiated in intransparent backroom dealings, is an insult to the European Parliament, the European Economic and Social Committee, the Committee of Regions and the innumerable experts and concerned citizens who have engaged in serious investigations on this directive project. It is unacceptable that the Council is throwing away all their hard work without any substantial justification whatsoever.
One to blame is the Irish Presidence, Sponsored by Microsoft.
FFII web site with more info about software patents.
Soon there will be ellections for the European Parlament, take care of what you vote and if you have the ocasion, ask the politians about this issue.
Kodak's biggest fault is a tendency to rely on proprietary products for profit. Ask a vintage camera collector if he uses any of his old Kodak cameras. The answer will likely be "hell no!"
This is because most Kodak cameras were made to use propietary Kodak film formats like 620 instead of superior open formats like 120 and 220. I have a Kodak II Tourist bellows camera that collects dust because it uses 620.
My mom's old Instamatic is a another example of this Kodak problem. Her Instamatic 700, which she took around Europe in the 1960s is useless, as it uses a film format Kodak decided to stop making in the late 1980s.
Kodak could be raking in the dough from film sales for these old cameras. They exist in attics and storage boxes by the hundreds of thousands. But Kodak will never see that money, because they themselves chose to stop making the film and nobody makes modern cameras for those formats anyway.
This is the same kodak that is offshoring film production because they are unable to compete with Fuji Film.
Offshoring is being done because it is cheaper. Period. Kodak has many problems, for sure, but film competition is not one of them any more. Their Portra line of professional films is outstanding: I certainly prefer them to Fuji's portrain films. Their black and white films and their chemicals are still some of the best.
The biggest recent problem for Kodak has been the onset of Digital photography. This has hit all traditional film manufacturers: Kodak, Fuji, Ilford, Agfa...
Fuji Film is made in the USA.
Fuji Film for sale in the USA may be made in the USA. There are many types of Fuji film emulsions that are made and sold outside of the United States.
If SCO and Kodak merged to form a single litigation corporation would we then see Scodak?
Dogma - "let's just say we'd like to avoid any empirical entanglements."