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Affinity Engines Says Google Stole Orkut Code

GillBates0 writes "Wired's reporting that a social networking software company called Affinity Engines has filed a lawsuit against Google, claiming that much of the source code behind Orkut, the search engine's popular social service, was stolen by former engineer Orkut Buyukkokten. They claim that he illegally took the code the he had written for the company -- which he co-founded -- with him when he joined Google and that Buyukkokten promised Affinity Engines that he wouldn't develop a competing social network service for Google. '"In its initial investigation, AEI uncovered a total of nine unique software bugs ... in AEI's inCircle product that were also present in Orkut.com," according to the lawsuit.'"

450 comments

  1. Just doesn't sound like Google to me... by Skyshadow · · Score: 5, Interesting
    Okay, these cases always sound a little iffy to me, but it's not impossible.

    I worked for a startup where our whole product line was based on a voice core that one of the developers had stolen from his previous employer. Ironically, it ended up killing the company -- the developer wouldn't share the code with anyone and didn't have the skill set to make the sort of changes to it we needed. In the end, we had to try and build a new core from scratch, which just put us even farther behind.

    Of course, Google ain't some startup run by a bunch of shit-for-brains dysfunctional asshole managers (not that I'm bitter or anything). Just given the sort of company Google has been (aka, not stupid), if the claims pan out it seems to me most likely that this is a situation where this developer came in and unpacked some work he'd done elsewhere -- hell, I have a set of scripts I've developed over the years that I take with me from company to company so I don't have to rewrite them (of course, none of them face the outside or even provide output to anyone other than me).

    If that's the case, and assuming this developer actually didn't have any legal rights to this code, it seems to be like Google shouldn't be liable unless this company can prove they used the code knowing it was swiped; otherwise, the lawsuit should be against this developer (not that the developer has hugely deep pockets or an impending IPO to work against).

    Alternatively, isn't it possible that this developer just reimplemented the same sort of paradigm he was used to and that caused the same sort of malfunctions? This doesn't seem to far-fetched to me, especially if the bugs are in the overall logic of the coding rather than just a misspelling here or there. I know I've made the same sorts of mistakes even on a complete reimplementation just because nobody had caught them previously...

    --
    Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    1. Re:Just doesn't sound like Google to me... by jjshoe · · Score: 5, Interesting

      Why is google in question? It should be the employee.

      --
      -- botsex is {grep;touch;strip;unzip;head;mount} /dev/girl -t {wet;fsck;fsck;yes;yes;yes;umount} {/de
    2. Re:Just doesn't sound like Google to me... by tcopeland · · Score: 5, Insightful

      > Ironically, it ended up killing the
      > company -- the developer wouldn't share the
      > code with anyone and didn't have the skill
      > set to make the sort of changes to it we
      > needed. In the end, we had to try and build
      > a new core from scratch, which just put
      > us even farther behind.

      Well said. I wonder how often this happens - a developer is hired in the hopes of bringing onboard magical knowledge, but it turns out to be more of an impediment than anything else.

      Perhaps there are some domains that work better for this than others - maybe writing drivers, or algorithm-heavy applications. But it seems like most businesses would be better served by writing the code themselves so they understand what it does and how it got to where it is now.

    3. Re:Just doesn't sound like Google to me... by garcia · · Score: 5, Insightful

      Because the employee isn't worth nearly as much money as the company is.

    4. Re:Just doesn't sound like Google to me... by Bakafish · · Score: 2, Informative

      Well this was supposedly his 'personal' project that he was working on during the time Google allocates to their engineers. The fact that it was all written using MS stuff and asp surprised me when I first started using it. I think that Google shouldn't be blamed, but Orkut may have some 'splaining to do...

    5. Re:Just doesn't sound like Google to me... by Anonymous Coward · · Score: 0

      Exactly.

    6. Re:Just doesn't sound like Google to me... by Anonymous Coward · · Score: 0

      Bill? Bill Gates, is that you?

    7. Re:Just doesn't sound like Google to me... by MoonBuggy · · Score: 3, Informative

      I quite agree - it's not even as if Orkut was commisioned by Google, the employee in question did it in his free time in which Google allows employees to persue personal projects.

    8. Re:Just doesn't sound like Google to me... by b0r0din · · Score: 5, Insightful

      Did this Orkut guy sign an NDA or is there some sort of specific document that says he promised he wouldn't develop another social service?

      It seems like a pretty weak case, and I agree with the parent, if the company should be going after anyone, it's the person who created the code. Google shouldn't be liable for someone ripping off or developing code based on work done for another company's engine unless Google knowingly did it; and I very highly doubt they would. Only of course they know they can't sue the person himself because there isn't any money in it - if nothing else they could be trying to pocket money from other competitors who want Google to lose, just like MS funded SCO.

    9. Re:Just doesn't sound like Google to me... by Anonymous Coward · · Score: 1, Insightful

      If I needed to hire a hitman, I would try to get someone from Google to do the job. It seems that Google could get away with murder right now.

    10. Re:Just doesn't sound like Google to me... by bheerssen · · Score: 4, Interesting

      That's awfully cynical, even if it is true. However, Google, as a company, is responsible for the conduct of its employees. I would think that both the Orkut and Google could be held liable if the facts are as presented.

      --
      (Score: -1, Stupid)
    11. Re:Just doesn't sound like Google to me... by DamienMcKenna · · Score: 5, Funny

      "dysfunctional asshole manager"...

      I think I know him..

    12. Re:Just doesn't sound like Google to me... by Trolling4Dollars · · Score: 0

      True. But what does that have to do with honesty and fairness? If they are going to be honest and fair, then they would go after the employee. Oh.. I forgot, we're talking about American corporations. ;P

    13. Re:Just doesn't sound like Google to me... by doodlelogic · · Score: 4, Insightful
      it seems to be like Google shouldn't be liable unless this company can prove they used the code knowing it was swiped

      Well... They may not be liable to pay damages for their past use of the code, but the article kind of indicates that the infringing code is still in Google's current product. So, if the code was stolen they could get an injunction against google (I think this might be called cease and desist order in the US, but same difference) to force them to stop using it.

      When people leave old jobs for new, it can be difficult to divide the ideas developed at one location from those at another, and if Google was acting in good faith, they shouldn't be forced to pay damages at least until they were put on notice of the infringement.

      What Google presumably wants, however, is to avoid disruption to its services and reputation, so if there is merit to the accusation, expect some kind of out of court deal that avoids both parties being dragged through the courts.

      What can't be settled out of court so easily would be if there is enough evidence against the developer for a criminal case.
    14. Re:Just doesn't sound like Google to me... by Anonymous Coward · · Score: 5, Funny

      Dysfunctional asshole manager must be the worst job ever.

    15. Re:Just doesn't sound like Google to me... by Anonymous Coward · · Score: 0

      Yes, but the work is steady and recession-proof.

    16. Re:Just doesn't sound like Google to me... by Anonymous Coward · · Score: 0

      LOL, how many times have I joked "Let's just send our source to the competition, it'll slow them down for years."

    17. Re:Just doesn't sound like Google to me... by Anonymous Coward · · Score: 0

      Why is google in question? It should be the employee.

      Imagine if this story was about Microsoft, everyone here would be happy if they were going to sue MS, but since it's a known fact that slashdot loves Google then, by all means, the employee must be at fault not your beloved Google.

    18. Re:Just doesn't sound like Google to me... by Secrity · · Score: 3, Insightful

      Wow, that sounds secure, working for a startup whose "whole product line was based on a voice core that one of the developers had stolen from his previous employer". That is so wrong in so many ways. Brings to mind a t-shirt that said "We steal from the other guy and pass the savings on to you.".

    19. Re:Just doesn't sound like Google to me... by Bozdune · · Score: 4, Insightful

      Happens all the time. You must be clean if you hire developers from the competition. Keep programming notebooks, write everything down, code from scratch. Nothing can be re-used.

    20. Re:Just doesn't sound like Google to me... by danmart · · Score: 1

      Google doesnt have to know it was swiped code to be wrong here. The product is a Google product with google's name and ownership, so it is their responsibility. At a minimum, they will have to stop using it (the code). Of course if they knowingly used stolen code and that could be proven (unlikely) the stakes would be pretty high. Orkut, on the other hand can easily be proven to have knowingly stolen and broken the contract (if the stated contract does exists).

      And no it isnt plausible that the developer made the same bugs in nine different places without copying. One or two maybe, but nine?

    21. Re:Just doesn't sound like Google to me... by Mysticalfruit · · Score: 3, Funny

      What I find particulary funny is that this guy took all this code with him and didn't even fix the bugs!

      --
      Yes Francis, the world has gone crazy.
    22. Re:Just doesn't sound like Google to me... by Jason+Earl · · Score: 1

      This doesn't sound like a "personal" project. This sounds like he took the code that his previous employer had paid him to create with him when he went to Google. Google then took this code, and launched it as part of their (obviously commercial) offerings.

      That's not good.

      It just goes to show that it's not only Free Software that has to deal with the issue of code swiping.

    23. Re:Just doesn't sound like Google to me... by pogle · · Score: 2, Interesting

      But wouldnt that mean it was done during company sanctioned time? I know its kinda pedantic, but doing this while in the employ and being paid by Google would spread the liability to Google. If this guy had done it entirely at home during his time off, not using Google company resources, it would be a different case, but Google 'endorsed' it with their personal projects encouragement policy I think.

      That being said, I hope nothing negative happens to Google as a result of this. I don't really care as to the validity of the stuff, as I don't do the social network deal; I just don't want my precious search engine to suffer for an employee's mistakes!.

      --
      http://thechubbyferret.net - Ferret pictures and informative links.
    24. Re:Just doesn't sound like Google to me... by Enigma_Man · · Score: 2, Insightful

      Orkut always confused me as to why it was affiliated with Google. It's such a shoddy web application. Google is so awesome, and Orkut is mediocre at best. They should just drop it.

      -Jesse

      --
      Nothing says "unprofessional job" like wrinkles in your duct tape.
    25. Re:Just doesn't sound like Google to me... by damium · · Score: 1

      In 2 words "Windows NT" Microsoft got sued by DEC for the same kind of thing. DEC won.

    26. Re:Just doesn't sound like Google to me... by Anonymous Coward · · Score: 0

      You have obviously never been a dysfunctional asshole manager.

    27. Re:Just doesn't sound like Google to me... by wilsone8 · · Score: 1

      Legally, companies can and are routinely held responsible for the conduct of their employees. For example, lets saw one of your employees is driving around in a company truck and hits someone. The company, not the individual is sued. It does not matter if the employer repeated told that employee not to drive, and it does not matter if the company knew whether this employee was a "good" driver or not.

      Bottom line, a company is responisble for laws broken with its equipment. The same rule would apply here.

      --
      The real problem is not whether machines think but whether men do. - B.F. Skinner
    28. Re:Just doesn't sound like Google to me... by Anonymous Coward · · Score: 0


      IIRC/IANAL but I *think* a cease-and-desist is just a threatening letter in Legalese from a lawyer in the US with no *actual* force: they still need to obtain an injunction to enforce it.

    29. Re:Just doesn't sound like Google to me... by Rasta+Prefect · · Score: 4, Informative
      So, if the code was stolen they could get an injunction against google (I think this might be called cease and desist order in the US, but same difference) to force them to stop using it.

      Nope. A Cease and Desist is a nasty-gram from the lawyers telling you that you should stop what you're doing. Usually involving threats of lawsuits. An injunction is a court order to stop doing it.

      --
      Why?
    30. Re:Just doesn't sound like Google to me... by DunbarTheInept · · Score: 1

      One problem is that what the programmers' employers attempt to claim ownership of in employment contracts is so clearly obviously legally unenforcable that you (the programmer) are left having no clue what knowlege you can actually take with you when you switch jobs. Since the employment contract makes claims on EVERYTHING YOU EVER THINK OF while employed by that company, and you know this isn't *really* what they can legally lay claim to, you are left having to guess where the border actually is bewtween ideas you own and ideas your company owns. More than likely in this case, the Google programmer just guessed incorrectly where that border is.

      I do hope they settle this politely out of court, in the friendly understanding that it wasn't deliberately malicious.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    31. Re:Just doesn't sound like Google to me... by DunbarTheInept · · Score: 1


      if the company should be going after anyone, it's the person who created the code

      Yeah, but in the general case, they don't actually *know* who within Google is at fault. Legally, they have to view the company as a black box. On the outside, they can only notice the final result. They have no idea how that final result got the way it is. For example, did the programmer tell Google where his idea was coming from? If so, then Google would definately be responsible. Otherwise they wouldn't. Did someone higher up in the management structure direct him to make the software based on his previous company's software, or did he do it on his own initiative? These sorts of questions are what makes it so that you have to sue the company, not the individual. If it is entirely the employee's fault, and he kept google in the dark about what he was really doing, then the company can turn around and sue the employee for fraud, as a second case, to recoup their losses.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    32. Re:Just doesn't sound like Google to me... by It'sYerMam · · Score: 1
      Don't you just love law?

      Seriously, though, the whole law thing needs a grab by the neck and a good shake. When an establishment is responsible for people who injure themselves trying to brick plastic windows (i.e. the bricks bounced) something is badly wrong.

      --
      im in ur .sig, writin ur memes.
    33. Re:Just doesn't sound like Google to me... by brundlefly · · Score: 3, Interesting

      Did this Orkut guy sign an NDA or is there some sort of specific document that says he promised he wouldn't develop another social service?

      It sounds like he signed a non-compete agreement with his old employer before joining Google. Unfortunately for Affinity Engines, non-compete agreements are extremely difficult to enforce in the state of California -- the courts are very generous with respects to the rights of the employee and generally stay clear of cases which don't involve outright theft of IP.

      The real question seems to be was there theft? And the clues do seem to indicate that a further investigation is warranted.

    34. Re:Just doesn't sound like Google to me... by squiggleslash · · Score: 0, Troll
      Except that Google has launched a commercial service on the back of this code whose copyright, allegedly, belongs to AE.

      It's arguable that AE should sue Google, and Google should in turn sue Orkut Buyukkokten, assuming these allegations are true, and assuming there are no other mitigating circumstances unmentioned in the article.

      --
      You are not alone. This is not normal. None of this is normal.
    35. Re:Just doesn't sound like Google to me... by Algan · · Score: 2, Insightful
      It just happens that an hour ago I've finished the homework for my Legal Environment for Business class. Apparently, the employer is liable for the actions of his agents (employees). This goes all the way back to the British Common Law (for example: Joel v Morison, Court of Exchequer, England, 1834). Of course there are plenty of more recent cases on this side of the Atlantic as well



      If the guy was doing it in the course of his employment (and by the way Google endorses Orkut it can be assumed he was), then Google is in a difficult situation. Especially with the upcoming IPO. Of course, these are still allegations, nobody proved yet that the code is actually the same.



      Please note, IANAL, and I'm not even trying to become one :)

      --
      If con is the opposite of pro, is Congress the opposite of progress?
    36. Re:Just doesn't sound like Google to me... by Anonymous Coward · · Score: 1, Insightful

      That's awfully cynical, even if it is true. However, Google, as a company, is responsible for the conduct of its employees.

      Well, the next time that an employee of a big company goes bonkers and shoots up a public place, let's remember to put the company on trial.

      I think (IANAL) that Google could only be held responsible if they were found negligent (e.g. they had reason to believe that the source was stolen).

    37. Re:Just doesn't sound like Google to me... by LetterJ · · Score: 4, Insightful

      This is also why I use Subversion (used to use CVS) repositories even when I'm the only developer on a project. Regular commit cycles give you a dated trail for the development of code and you can show the evolution of code rather than the sudden arrival of entire functions and classes the are fully functional.

    38. Re:Just doesn't sound like Google to me... by dtrent · · Score: 1

      I worked for a startup where our whole product line was based on a voice core that one of the developers had stolen from his previous employer. Ironically, it ended up killing the company

      Wow. First off, that's not ironic. Second, why would you want to admit to being part of something like that?

      if the claims pan out it seems to me most likely that this is a situation where this developer came in and unpacked some work he'd done elsewhere -- hell, I have a set of scripts I've developed over the years that I take with me from company to company so I don't have to rewrite them

      Well my friend, that is what contracts are for. You have several choices. If you bring tools into a job, or develop tools while on a job, then you need to agree in advance that you get to keep them, if that is what you want. Or, if such things aren't mentioned at all (unlikely) you can hope for the best. Or you can be a snake and sign a contract saying you won't do certain things and then go ahead and do them anyway.

      I work in a niche industry, when I've changed jobs, the company I'm going to work for has always been careful to ask for my previous employment contract, and I've always been careful to protect the knowlege I have going in by excluding it from non-competes and the like. I'm sure Mr. Buyukkokten and Google covered their asses just fine too.

    39. Re:Just doesn't sound like Google to me... by swv3752 · · Score: 1

      Well, apparently Orkut founded Affinity, so the whole ownership things gets even more tangled.

      --
      Just a Tuna in the Sea of Life
    40. Re:Just doesn't sound like Google to me... by freqres · · Score: 1
      the courts are very generous with respects to the rights of the employee and generally stay clear of cases which don't involve outright theft of IP.
      You mean like this one?
      --
      Rampant Ninja related crimes these days...Whitehouse is not the exception
    41. Re:Just doesn't sound like Google to me... by Mike+Lococo · · Score: 1

      If that's the case, and assuming this developer actually didn't have any legal rights to this code, it seems to be like Google shouldn't be liable unless this company can prove they used the code knowing it was swiped; otherwise, the lawsuit should be against this developer (not that the developer has hugely deep pockets or an impending IPO to work against).

      Umm... the "developer" cofounded a company whose only product was social networking software. He apparently also had an agreement with his original company not to produce a competing product for Google. I find it hard to believe that Google got Orkut to market without these facts coming to light.

      Mike

    42. Re:Just doesn't sound like Google to me... by _14k4 · · Score: 1

      They claim that he illegally took the code the he had written for the company -- which he co-founded -- with him when he joined Google and that Buyukkokten promised Affinity Engines that he wouldn't develop a competing social network service for Google.

      It's just from the original post, but I'd assume he signed *something* at Affinity.

    43. Re:Just doesn't sound like Google to me... by AuMatar · · Score: 1

      Not quite. They're accusing Orkut of doing this. As they haven't show un their evidence, we don't know if he actually did it yet or not. If he did, he broke the law. If he did not, he's clear.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    44. Re:Just doesn't sound like Google to me... by CreatureComfort · · Score: 1


      I don't know. All of mine have seemed pretty happy in the position. Not to mention that their pay is quite a bit higher than mine.

      --
      "Unheard of means only it's undreamed of yet,
      Impossible means not yet done." ~~ Julia Ecklar
    45. Re:Just doesn't sound like Google to me... by AndroidCat · · Score: 1
      Well said. I wonder how often this happens - a developer is hired in the hopes of bringing onboard magical knowledge, but it turns out to be more of an impediment than anything else.

      I know of a company where both their main products were from work programmers brought from elsewhere. One idiot even kept faxes to himself at his old company in the files. Eventually they promoted him out of the way to "architect".

      Hard to say if it really was an impediment since the whole purpose of the company was to sell out for big bucks--and they did that.

      --
      One line blog. I hear that they're called Twitters now.
    46. Re:Just doesn't sound like Google to me... by swv3752 · · Score: 1

      Orkut was apparently a founder of Affinity, so Affinity has even shakier ground proving that they solely own this code.

      While this is just a guess, I expect that Orkut came up with the idea for this social networking and wrote most of the code. He got together with some other partners and formed a company to sell the product. Then later there was a falling out with his partners and Orkut moved onto Google. Affinity is goign to need to provide some iron-clad contracts showing that they are Morally and Legally in the right on this.

      --
      Just a Tuna in the Sea of Life
    47. Re:Just doesn't sound like Google to me... by bert.cl · · Score: 2, Funny

      Because (at least here in Belgium) the employer is responsible for (almost) everything the employee does while "on duty".

    48. Re:Just doesn't sound like Google to me... by slipstick · · Score: 3, Insightful

      While I don't know if Google will be found liable(e.g. have to pay money), if the allegations are true they would certainly have to stop using the code(or license it if they want).

      Surely you wouldn't suggest that if an employee of a company stole a car and gave it to the company, that the company should be able to keep it?

      --
      Sure information wants to be free, but how much are you willing to pay for the packaging?
    49. Re:Just doesn't sound like Google to me... by Fulcrum+of+Evil · · Score: 1

      Dysfunctional asshole manager must be the worst job ever.

      Are you kidding? Being a DFA is awesome! Just do whatever you want - if someone calls you on your bullshit, or if you need to vent, fire somebody. Doesn't even matter who. The best part is that, since you're a sociopath, you sleep well at night.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    50. Re:Just doesn't sound like Google to me... by spideyct · · Score: 3, Insightful

      This is rich. I'm going to start posting "Why is Microsoft in question? It should be the employee" the next time some new IE bug is reported, or some patent issue, etc.

      I'll rack up the +5 Insightfuls!

    51. Re:Just doesn't sound like Google to me... by AndroidCat · · Score: 1

      Even in bad times companies are always hiring them. And they always seem to be the last let go.

      --
      One line blog. I hear that they're called Twitters now.
    52. Re:Just doesn't sound like Google to me... by Jim_Maryland · · Score: 5, Insightful

      Just to show how liability works...

      My father is a plumber and was working for company X. Company X allowed him to use a company truck to take home (commute directly to jobs). One Saturday morning on his way to work, he had a medical problem (doctors were inconclusive if it was a heart attack, but they know something happened) that caused him to lose conciousness at the wheel. He went through a red light and killed a passenger in another vehicle. Now because he was in a company vehicle, the legal action was against company X rather than my father. Being that he was driving to a job site in the company vehicle, the company was liable. While financially I'm glad that my parents didn't have a direct cost to them (other than the legal side resulting in legal fees, probation, and court/probation cost), I don't believe it was really fair that the company bears the cost (insurance mostly, but still the rates are way up).

      Being Orkut is acting as an agent of Google, unfortunately the company is liable. Logically though the blame should fall on the individual, but targeting the company and the individual seems to be the legal approach.

    53. Re:Just doesn't sound like Google to me... by tcopeland · · Score: 1

      > Eventually they promoted him out
      > of the way to "architect"

      Heh, classic. "We will pay you $90K per year and give you an office if you will please just be quiet."

    54. Re:Just doesn't sound like Google to me... by Anonymous Coward · · Score: 0

      And look where DEC is today.

    55. Re:Just doesn't sound like Google to me... by AndroidCat · · Score: 1
      "We will pay you $90K per year and give you an office if you will please just be quiet."

      Corner office and a pile of stock. :[

      --
      One line blog. I hear that they're called Twitters now.
    56. Re:Just doesn't sound like Google to me... by tcopeland · · Score: 1

      > Corner office and a pile of stock. :[

      Ecclesiastes 8:14 - "There is a vanity that takes place on earth, that there are righteous people who are treated according to the conduct of the wicked, and there are wicked people who are treated according to the conduct of the righteous."

      So true!

    57. Re:Just doesn't sound like Google to me... by frenetic3 · · Score: 1

      What can I say? Taco Bell brings it out in me.

      -fren

      --
      "Where are we going, and why am I in this handbasket?"
    58. Re:Just doesn't sound like Google to me... by Anonymous Coward · · Score: 0, Flamebait

      the real blame lies with the doctors who couldn't tell the difference between "heart attack" and just plain drunk

    59. Re:Just doesn't sound like Google to me... by KillerCow · · Score: 1

      If that's the case, and assuming this developer actually didn't have any legal rights to this code, it seems to be like Google shouldn't be liable unless this company can prove they used the code knowing it was swiped

      IANAL

      Sure they should. Google profits from the actions of its employees, so Google should be held accountable for the actions of its employees. It isn't fair to society to let a company profit from employee actions, but not be held liable for them.

      If Google was a shipping company, and one of their trucks crashed into somebody's house, Google would be held responsible for the damage, even though it resulted for the sole actions of one of its employees.

      The principle is reffered to as vicarious liability.

      It is Google's responsibility to ensure that the actions of its employees are legal. It is a cost of doing business.

    60. Re:Just doesn't sound like Google to me... by Anonymous Coward · · Score: 0

      Nope, a Cease and Desist "Order", as the original poster wrote, is an order, which comes from a court of law, and which must be obeyed. This is not the same thing as a "Cease and Desist" letter, which is, as you say, merely a threat. The word "injunction" accurately describes either, but only an injunction issued by a lawfully empowered court would have legal power, and only within that court's jurisdiction.

    61. Re:Just doesn't sound like Google to me... by Anonymous Coward · · Score: 0

      Ay-men.

    62. Re:Just doesn't sound like Google to me... by Anonymous Coward · · Score: 0

      You mean the second largest vendor of PCs (HP)? Yeah, they blow...

    63. Re:Just doesn't sound like Google to me... by Anonymous Coward · · Score: 0

      I know that it's Slashdot, but why not just get up on a soapbox and scream, "HEY, EVERYBODY, I DIDN'T READ THE ARTICLE!!!"

      Did this Orkut guy sign an NDA or is there some sort of specific document that says he promised he wouldn't develop another social service?

      Yeah, the article says that in 2002 and 2003 he signed noncompete documents.

    64. Re:Just doesn't sound like Google to me... by ultranova · · Score: 3, Interesting
      This is rich. I'm going to start posting "Why is Microsoft in question? It should be the employee" the next time some new IE bug is reported, or some patent issue, etc.

      The Microsoft employee(s) who coded IE presumably did it with the knowledge and approval of Microsoft, following design specifications handed to them by their employer, and implicitly reassigning the copyright to the pieces of IE they coded to Microsoft. Because of this, Microsoft is of course responsible for distributing of its own product, and any problems the flaws in this product might cause.

      Orkut, if guilty, stole source code, presumably without knowledge or approval of Google, lying and telling (or at least implying) his employer that he had the copyright to the code he gave Google and could thus reassign said copyright to Google. Google acted in good faith, and cannot be held responsible for not having magical powers of lie detection at its disposal. Or can people there in USA be held responsible for having bought stolen property, when they cannot possibly have known it was stolen (for example, buying a TV from a store which later turns out to be dumping grounds for local criminal gangs) ?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    65. Re:Just doesn't sound like Google to me... by Sfing_ter · · Score: 1

      hmmm... reminds me of...
      John Fogerty can't do songs he wrote, or perform like he does, because he sounds too much like CCR...

      Perhaps the "bugs" will be inherent in any code Orkut writes, because he always makes the same mistakes.

      If I ever start a company, I'm writing my own IP statement,"the shit is mine, leave me alone".

      --
      A computer once beat me at chess, but it was no match for me at kick boxing. Emo Philips
    66. Re:Just doesn't sound like Google to me... by mortonda · · Score: 1
      Dysfunctional asshole manager must be the worst job ever.

      Depends on whether you are a "DA" or if you manage DA's

    67. Re:Just doesn't sound like Google to me... by Anonymous Coward · · Score: 0

      +5 insightful for posing a statement from the parent post as a question? wtf?

      -5 redundant if you please.

    68. Re:Just doesn't sound like Google to me... by KallNoJoy · · Score: 1

      "dysfunctional asshole manager"... Your lucky...

      Most of the ones I know are Fully Functional assholes!

      --
      next($sig) unless($sig =~ /funny/);
    69. Re:Just doesn't sound like Google to me... by Entropy248 · · Score: 2, Informative

      Since Google is a corporation, although private, and the employee was acting as Google. A corporation is a legal person composed of the resources, employees, money, debts, and claims of the business. An independant suit can follow and may be later combined with the current suit against the individual employee. Suits are brought against both because one is making money off of stolen profits, and the other stole the code.

    70. Re:Just doesn't sound like Google to me... by Jim_Maryland · · Score: 2, Informative

      Not sure from a family perspective that I see this (your anonymous post) as funny. In my fathers case, the doctors detected elevated enzymes (which I understand indicate a heart attack), but they were unable to determine exactly when they would have happened. Their findings were inconclusive as to wether it was a heard attack or possibly a seizure or some other condition.

      Back to point though, the cause of the accident wasn't exactly what I would consider company related, but the lawyers see it that way.

    71. Re:Just doesn't sound like Google to me... by Kryxan · · Score: 1

      So to put this in perspective it seems to me that this is like a book publisher suing another book publisher cause an author wrote several books that share similar words, with one being published by one company and different book by another publisher. Hey thats computers for you, its thinking like this that leads to the DMCA. Sure it might seem like a good idea, if you have no idea what you are talking about...

    72. Re:Just doesn't sound like Google to me... by Anonymous Coward · · Score: 0

      asshat.

    73. Re:Just doesn't sound like Google to me... by niktesla · · Score: 1

      I think it's called a proctologist.

      --
      I've discovered a remarkable proof, but this margin is too small to contain it...
    74. Re:Just doesn't sound like Google to me... by horza · · Score: 2, Insightful

      Happens all the time. You must be clean if you hire developers from the competition. Keep programming notebooks, write everything down, code from scratch. Nothing can be re-used.

      Spoken like someone that has never done any programming? All programmers develop libraries that they then reuse. A lot of programming is refactoring old code into more generic libraries so they can be reused more easily. Every programmer takes the knowledge they've gained onto their next job, it's the majority of their value. You just have to be careful, that's all.

      Imagine if you can't reuse anything? You would have to invent a new sort routine for every company you join? Re-implement all your basic disc I/O? There are only so many ways of doing it, you'd run out of alternative implementations pretty quickly.

      If you work for a company then they own the copyright to everything you write. If Google rips this off then it will be pretty easy to compare and if it's application specific code then it will be an easy court case. The reason companies have non-competition clauses is because once you've written something once then it's easy to rewrite from scratch something better having learned from your mistakes. If your employee hasn't signed such a clause then tough luck.

      Phillip.

    75. Re:Just doesn't sound like Google to me... by mdemirha · · Score: 1

      Since Google is the one who get all the profit from the work of this Orkut person, google should be liable for eveything that he does too. So, it seems pretty fair to me that Google is the one who got sued.

    76. Re:Just doesn't sound like Google to me... by tekunokurato · · Score: 1

      I have to say, it seems pretty difficult for management to ignore the IP an employee brings from one company to another. That is, they obviously hired him with the knowledge that he had done this sort of thing before, and they'd really have to be looking the other way to ignore the similarities (especially because I'm sure Orkut himself wasn't the only one working on the code). I don't work in a development environment, but I do work at a small company which has taken a significant amount of IP from previous employers, and it's really obvious what has traveled and what hasn't.

    77. Re:Just doesn't sound like Google to me... by Random832 · · Score: 1

      or, from the other perspective: they got bought out, then the company that bought _THEM_ got bought out.

      --
      We've secretly replaced Slashdot with new Folgers Crystals - let's see if it notices.
    78. Re:Just doesn't sound like Google to me... by flxkid · · Score: 1

      Company X is fully at fault for this. Just as they are fully at fault for any injury that would have occured to your father. This is part of the responsibility (liability) that comes with being in business, or owning a home.

      For examlple, Homeowner's coverage protects me from accidental bodily injury or property damage for which I am held liable. This means that if it is determined that I was at fault, whether or not I FEEL it was my fault or not, I am liable (and at fault legally and monetarily). The law and the courts determine fault, not I. That is why I used the term "held liable" rather than just liable.

      --
      Better VDF than VD...check it out: Data Access
    79. Re:Just doesn't sound like Google to me... by PatientZero · · Score: 1
      There's still the non-compete agreement. Even if he wrote new code for Google, if he truly had an agreement not to do this, then he has broken a contract and can be sued.

      Whether or not that should pass on to Google given that there's no way for them to have known about the agreement without Orkut telling them is another matter.

      --
      Freedom to fear. Freedom from thought. Freedom to kill.
      I guess the War on Terror really is about freedom!
    80. Re:Just doesn't sound like Google to me... by ComputerSlicer23 · · Score: 5, Insightful
      Yes, but you're probably still breaking the employment agreement you signed if you work in the US as a programmer.

      The company owns the copyright on the code your write for them under the legal concept of "works for hire". Unless they failed to pay you for it, they own it. You leaving the building, and letting someone else use it is a copyright violation. The employer you originally wrote it for should be able to successfully sue for copyright violation.

      Now, I have plenty of ideas stuck in my head that I've ended up re-implementing in nearly exactly the same way at two different places. I can re-implement my C++ database independent access library in a little under two weeks. I can write the reference counting classes I like to use in a day. I can implement the interface wrapper classes in about 3-4 hours. I can write the socket stream libraries, and the various SSL varients in a day or two. I can write a simple logging scheme in about a day or two. They are written at different times. I can show them as they are constructed, and demonstrate that they are clean room implementations. So I should be in the clear according to what I've read and been advised about the law.

      I ended up using the same names, and structuring the code the same way. Some one pointed out I might be breaking the NDA I signed at a former employer. So I ended up re-implementing it all again, this time going out and finding the functionality/API I wanted in publically accessable code (and implementing it from scratch to avoid licensing issues). I documented where each API/functionality idea came from, they we're strewn across several programs. This also showed that the ideas represented "current well known techniques", which no NDA can cover.

      You can use exactly the same ideas, and you can implement them at home, and take them into work and let them use them (put in the copyright that you as an individual are the copyright owner, and they are fully licensed to do anything and everything they want with it in royalty free). At least then you'd be legally doing it.

      Kirby

    81. Re:Just doesn't sound like Google to me... by Jim_Maryland · · Score: 1

      I understand how the process works, but from the common sense side, my father was ultimately responsible. Legally, yeah the company is liable, but I'm just thinking from a practical sense, which doesn't always follow legal sense.

    82. Re:Just doesn't sound like Google to me... by geekoid · · Score: 4, Insightful

      Interesting.
      You Presume Google had no knowledge, and you presume MS has full knowledge.

      Sound bias to me.
      ALL corporations and business must be held accountable for the actions there employees take while 'on the clock'.
      To exempt corporation from the behavious means there will be NO way to hold them accaountable. In a corporation, even the CEO is 'just an employee'.

      Your example in poor becasue the person buying the TV is not PART OF THE COMPANY THAT DID IT.

      Geez, this 3 monkeys attitude about Google is going to bite some people in the ass in the long run.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    83. Re:Just doesn't sound like Google to me... by DroppedPacket · · Score: 1

      You might want to note that he was the co-founder of the other company. It wouldn't be unheard of for him to retain rights (in one form or another) of code he wrote at that company.

      --
      I am not a resource! I am a free man!
    84. Re:Just doesn't sound like Google to me... by HuguesT · · Score: 1

      From the way you tell it, it seems that no one is really responsible, even though the outcome is very sad. Can your father be blamed for having an unanticipated medical problem? surely not. Can the company be responsible for an accident they had no direct involvement in? If the company followed accepted OH&S practices, then no. However presumably the victim had no other course of action than to sue someone to get some sort of compensation.

      This sounds like a screwy adversarial system at work here. No one is really benefiting other than the fat cats in the legal system, I'd say.

    85. Re:Just doesn't sound like Google to me... by The+Bungi · · Score: 1
      That this guy could have done something in the scale of Orkut, which was readily associated with Google, is just hard to believe.

      That Google didn't double-check what he was doing is also hard to believe.

    86. Re:Just doesn't sound like Google to me... by AuMatar · · Score: 1

      They also have to prove a non-compete. And that it weas a legal non-compete (there are places in the US where they aren't). Too early to decide on the issue without any evidence.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    87. Re:Just doesn't sound like Google to me... by RedWizzard · · Score: 3, Insightful
      It sounds like your father was found legally responsible for the accident, which makes the company legally responsible as he was working at the time. I imagine that if the heart attack had of been confirmed he would not have been found liable.
      Being Orkut is acting as an agent of Google, unfortunately the company is liable. Logically though the blame should fall on the individual, but targeting the company and the individual seems to be the legal approach.
      Orkut was not acting as an agent of Google when he stole the code. It is therefore not clear that Google is liable. It is also possible, even likely, that Google's contract with Orkut contains a waiver of liability on their part for any code that Orkut brings to Google (i.e. Orkut guarentees that the code is legally his to give to Google). Either way Google has a vested interest in fighting this on Orkut's behalf, and I'm sure they will.
    88. Re:Just doesn't sound like Google to me... by YOU+LIKEWISE+FAIL+IT · · Score: 3, Insightful
      And no it isnt plausible that the developer made the same bugs in nine different places without copying. One or two maybe, but nine?

      Unless you look at the code, or look at the bugs, this is not ironclad. What if the bugs are not implementation bugs, but conceptual bugs? What if Orkut had thought "Ok, friends should be able to see friends phone numbers" and forgot to check if the friendship relationship had been validated by the second user?

      It's possible, in fact likely, that such mistakes would be propagated in any form of Social software that the author wrote until they are bought to his or her attention, because the flaw is in the design, not the implementation, and the designs stem from the same source.

      YLFI
      --
      One god, one market, one truth, one consumer.
    89. Re:Just doesn't sound like Google to me... by RedWizzard · · Score: 2
      You Presume Google had no knowledge, and you presume MS has full knowledge.

      Sound bias to me.

      MS had full knowledge because they required their employee to write IE. Google did not have full knowledge (AFAIK) because they did not require their employee to steal code.
      ALL corporations and business must be held accountable for the actions there employees take while 'on the clock'.
      The theft did not occur while Orkut was working for Google.
    90. Re:Just doesn't sound like Google to me... by Anonymous Coward · · Score: 0

      Worker's compensation here (in Australia) covers journeys to and from work, even in personal vehicles. Probably due to the previous case law in the area...

    91. Re:Just doesn't sound like Google to me... by Dirtside · · Score: 1
      Dysfunctional asshole manager must be the worst job ever.
      Actually, the worst job ever is assistant dysfunctional asshole manager. </SNL>
      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    92. Re:Just doesn't sound like Google to me... by Bozdune · · Score: 1

      Correction, I have written millions of lines of code. I started coding in 1970, and I have never stopped, even when I held senior management positions.

      If you think you can write code for one company and take it to another, have a look at your employment agreement. Nobody will probably ever catch you. But someday they might, like they think they've caught this asshole. And then you will sink yourself, and your colleagues, and your company.

      Maybe you don't care -- after all, it isn't YOU they'll go after, you probably don't have anything worthwhile to get. But some day when you put your own money and sweat into your own company, as I have done three times since 1980, and am doing right now, you think about these things. You think very hard indeed.

      I advise you to do the same.

    93. Re:Just doesn't sound like Google to me... by Anonymous Coward · · Score: 0

      That's ridiculous! The 10% (or whatever) time Googlers get to work on their own stuff just means that they get to *decide for themselves* what to work on during that time. It doesn't mean that's their personal time outside the company. "His free time" is only after he leaves the premises, and doesn't use their equipment. Also, the Orkut project *was* released under the Google brand (that's the only reason it got so much press at launch, btw). If it's true he stole the code, then I do think that (unfortunately) Google is going to be liable.

    94. Re:Just doesn't sound like Google to me... by Zagadka · · Score: 1

      However presumably the victim had no other course of action than to sue someone to get some sort of compensation.

      I'd think that the victim could get compensation from the insurance companies.

    95. Re:Just doesn't sound like Google to me... by Qzukk · · Score: 1

      Or can people there in USA be held responsible for having bought stolen property, when they cannot possibly have known it was stolen

      Not sure if you're being sarcastic, but if you're serious, the answer is "yes, they are." In fact, the TV in question is seized to be returned to the rightful owner (or to be held by the police as "evidence" in their break room). You do not get your money back (though I suppose you could file a civil fraud suit to get the money back, but you'll probably not see any of it after the seller declares bankruptcy). If you don't cooporate, you're arrested for possession of stolen goods.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    96. Re:Just doesn't sound like Google to me... by jovetoo · · Score: 1
      Suppose they do find you guilty of copyright violation. Suppose no real IP is involved. Then what?

      You can show that you wrote that code in under a month. This would put the value of the code to one man-month?

    97. Re:Just doesn't sound like Google to me... by subsentio · · Score: 1

      Not to be seem like a troll, but this seems to me like an incredibly naive comment.

      No matter how much you love Google, surely you must realize that it is not a single individual. It is a company, made up of thousands of different individuals, each of them with their own values and ethics and free will.

      Sure, stealing code doesn't sound like something Google the company would sanction, but it sounds like something one individual may do and not tell anyone.

    98. Re:Just doesn't sound like Google to me... by TekPolitik · · Score: 1
      Why is google in question? It should be the employee.

      Wow, you managed to generate a lot of really crap replies with this. But yes, if the allegations are true it looks like the employee was at fault here. That is, it looks like the employee has gone and done something very illegal and screwed over both their former employer Google. By the way, this is exactly what happened in the most important software copyright case of all time - Computer Associates v Altai.

      Now, forget all the crap you're seeing about the company being liable for the conduct of the employee, that's not as important as something else pretty basic regarding copyright suits.

      In a copyright suit, you don't have to have any idea that the code you're using belongs to somebody else. The civil liability is absolute. It arises merely from the fact of copying, not from an intention to copy or negligence. If there has been copying of material without a license, there has been a breach of copyright.

      So forget about all this stuff about the employer being liable for the conduct of the employee - it's only tangentially relevant since there would have been lots of copying of this code all around Google's systems by numerous employees.

      Now, once copying is established, there is the question of liability. In a copyright suit the plaintiff can go for actual damages to them, or an account of profits (that is, take Google's profits from the breach). If Google has profited from this system already, they lose that profit.

      It sucks to be an employer whose employees steal somebody else's code and incorporates it into a product, and the normal thing to do when you discover something like this having happened is to summarily dismiss the employee, and join them in the lawsuit as a second defendant with a cross-claim for deceit. Oh, and stop shipping product until you can replace the tainted code.

    99. Re:Just doesn't sound like Google to me... by Alan+Cox · · Score: 1

      Orkut is "affiliated with" Google. A lot would depend upon how close the connection actually is (and whether the suit is real or Affinity Engines is another funded by Baystar special or a real business).

      If your father was a company X plumber and on his weekends sold flower arrangements then company X would be very unlikely to have any liability if someone was killed by a flower arrangement.

      Now if he sells flower arrangements under the company brand on the company premises it all gets rather murkier.

      To argue Orkut is acting as an agent of Google in running Orkut.com does not seem to be clear cut at all.

      Orkut claims to be "affiliated with" not run by Google. If it is a non Google project then how would you argue he is acting as their agent with actual authority in running it. The "affiliated by" also seems to argue that there is no apparent authority.

      (Of course the cynics might begin to wonder if Orkut is associated with not run by because of a desire to separate an existing legal uncertainty..)

    100. Re:Just doesn't sound like Google to me... by mibus · · Score: 2, Insightful

      If your father was going to work in a work van, it makes sense that his work can cover it, since he's only driving (and thus putting himself unknowingly at risk of a crash) because of them.

      If he wasn't working that day and drove his own car somewhere and it happened, he would be liable.

      Employers have to accept responsibility for work-related accidents that happen... if it happens at work itself or just around the corner, it's still "work-related", even if the connection is a bit vague...

    101. Re:Just doesn't sound like Google to me... by qon · · Score: 1

      Looks like you've got a good start.

      q

    102. Re:Just doesn't sound like Google to me... by Jim_Maryland · · Score: 1

      That's how it actually turned out. In the end, the family of the deceased and the insurance company reached a settlement.

    103. Re:Just doesn't sound like Google to me... by Greg@RageNet · · Score: 1

      No way, its the best job ever. I just sit around and talk into my mouse all day. I tell upper management that we'll do all the stuff they want the development team to do; totally disregarding the developers said it's phyiscally impossible. Hey, of course we can do it; I don't understand it and if I don't understand it it must be easy.

      I have learned great people leadership skills too. If we are falling behind my development schedule and the developers are complaining about the long hours I just tell the developers to 'type faster'.

      It's hard work but the bonuses for cutting costs while increasing productivity make it all worthwhile.

      -- Greg (not really a dysfunctional asshole manager)

      --
      Slashdot, would a spell-checker for posting be too much to ask? It's not rocket science!
    104. Re:Just doesn't sound like Google to me... by squiggleslash · · Score: 1
      (This post disappeared.)

      Except that Google has launched a commercial service on the back of this code whose copyright, allegedly, belongs to AE.

      It's arguable that AE should sue Google, and Google should in turn sue Orkut Buyukkokten, assuming these allegations are true, and assuming there are no other mitigating circumstances unmentioned in the article.

      --
      You are not alone. This is not normal. None of this is normal.
    105. Re:Just doesn't sound like Google to me... by tehcyder · · Score: 1
      Or can people there in USA be held responsible for having bought stolen property, when they cannot possibly have known it was stolen (for example, buying a TV from a store which later turns out to be dumping grounds for local criminal gangs) ?
      Well, in the UK at least, if you bought a stolen TV, you would certainly not be allowed to keep it, just because you didn't know it was stolen.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    106. Re:Just doesn't sound like Google to me... by macdaddy · · Score: 1

      True, but if you're driving from your home to your job at the local 7-11 and you get in an accident between home and work, 7-11 isn't responsible. Sure it's because of them you're driving to work but then again it's not. You're driving to work because you want to exchange your services for their money. If you didn't want their money you wouldn't go.

    107. Re:Just doesn't sound like Google to me... by Per+Abrahamsen · · Score: 1

      Gosh, I'm tired of the /.'er quest to "expose" double standards by comparing incomparable situations.

      Orkut is a part-time project done by a single enthusiastic employee, a project which Google does not seem to have any idea what to do with. The appropriate comparison isn't with a MSIE a highly strategic product for Microsoft that thousands of developers have participated in.

      A comparable situation with be if Windows Installer XML contained code which Microsoft does not have the right. It is a one person, part-time project, which Microsoft does not seem to know what to do with. If someone then sued Microsoft, I'd say the situation was similar. , and the suers were just going for the big pockets.

      A comparable situation to the MSIE scenario would be if Google hadn't the rights to the code for the search or ad-matching technologies.

    108. Re:Just doesn't sound like Google to me... by spideyct · · Score: 1

      I thought Orkut was a Google sponsored project - part of their roadmap. If it is just a side-project of an employee, than I agree with your assessment.

  2. thought that only happened to open source? by kpharmer · · Score: 3, Insightful

    wait...isn't this the only value of closed source? that piracy doesn't happen?

    1. Re:thought that only happened to open source? by jcheezem · · Score: 1

      Not really - Its just that its harder to CATCH a pirate...

    2. Re:thought that only happened to open source? by ViolentGreen · · Score: 5, Insightful

      No. That is one value of closed source. Another value is profit.

      --
      Not everything is analogous to cars. Car analogies rarely work.
    3. Re:thought that only happened to open source? by Halo- · · Score: 4, Insightful

      Close. It's that piracy isn't discovered. I suspect there is a lot more code "borrowed" in the closed-source ranked, than the open-source ones. Closed source tends to be more deadline driven, and is a LOT less throughly vetted. Most open-source is done for ego or altruistic reasons. (take your pick) But the incentive to steal (bonuses, making deadlines, etc) coupled with the much lower chance of detection might tempt people.

    4. Re:thought that only happened to open source? by rtaylor · · Score: 1

      I wrote some code a while ago that I didn't share with anyone, so where do I pick up the profit?

      Oh, step #2 is to sell it.. Doh!

      --
      Rod Taylor
    5. Re:thought that only happened to open source? by spitzak · · Score: 1

      Absolutely this happens a hundred times more often in closed source than in open source.

      Unfortunatly it is more than a hundred times harder to catch. So to the average PHB the chances of getting in trouble are less.

      This is unfortunate, unfair, but I don't know what the solution is.

    6. Re:thought that only happened to open source? by Alan+Cox · · Score: 2, Interesting

      I've been involved in multiple situations in previous jobs where we contracted for companies who turned out to have extremely dubious codebases, generally provided by external companies, acquired with small acquisitions and so on.

      The most notable one was Sonix (then bought by 3Com). Both Sonix and 3Com had definite policies and good practices but they had ended up with code, stripped of headers that came from Phil Karn's KA9Q.

      I've also had a case where a companiy had reference code/windows drivers and wouldn't release it to help a Linux driver not because they didnt want Linux drivers but because their own engineers worked from an internal source pool that they thought was very unlikely not to contain large amounts of 'acquired' code.

      On the whole it has been the smaller companies that cause the most problem - but not always. A look at Harald Welte's list of people who settled GPL violations contains some very large and reputable computer companies.

    7. Re:thought that only happened to open source? by Halo- · · Score: 1

      The increase in international outsourcing is only going to compound this problem in the future. In my experience the outsourcing firms feel even less "investment" in codebases they contribute to than normal contractors. This, coupled with a definite mercenary attitude towards development can lead to some very dubious code. They are paid for rapid, loosely overseen development, aren't responsible for support, and their salary isn't based on the success or failure of the product. Even if they are held accountable for "borrowed" code, enforcing copyright and IP laws internationally is extremely difficult in the best of situations.

      A related issue is where to set the line when copying is fair-use and when it becomes theft. The tutorials from Sun for Java contain some fairly useful code, but they also have a Sun copyright plastered across their headers. For example, the lack of a "TreeTable" widget in Java is compensated for by a detailed example of rolling your own, here. But if you look at the source, some of it is free of any headers, and other bits contain things like:

      /*
      * @(#)JTreeTable.java 1.2 98/10/27
      *
      * Copyright 1997, 1998 by Sun Microsystems, Inc.,
      * 901 San Antonio Road, Palo Alto, California, 94303, U.S.A.
      * All rights reserved.
      *
      * This software is the confidential and proprietary information
      * of Sun Microsystems, Inc. ("Confidential Information"). You
      * shall not disclose such Confidential Information and shall use
      * it only in accordance with the terms of the license agreement
      * you entered into with Sun.
      */

      Personally, I'd never allow code derived from this into a sourcetree I managed out of paranoia, but I can completely see how most people (perhaps rightly) would see this code as fair game for reuse. Picking up code from an acquired company or contractor which borrows from code of similiar origins is almost unavoidable.

  3. why can't a neutral party examine? by garcia · · Score: 3, Insightful

    For its part, Google is shrugged off Affinity Engines' allegations.

    "Affinity Engines has not provided any evidence to Google that their source code was used in the development of Orkut.com," wrote David Krane, the company's director of corporate communications, in a statement to Wired News. "We have repeatedly offered to allow a neutral expert to compare the codes in the two programs and evaluate Affinity's claims, but Affinity has rejected that offer. We have investigated the claims ... thoroughly and concluded that the allegations are without merit."


    I want to know why Orkut is rejecting the netural expert. It doesn't exactly make their claims look valid when they do that. Are they learning from SCO here? Perhaps if we make shit up and don't let anyone examine the claims thoroughly we can defame Company X and get money from them!

    Ahh, when History repeats itself...

    1. Re:why can't a neutral party examine? by stevesliva · · Score: 5, Informative

      It was Affinity that was rejecting the neutral expert, and Google that was offering.

      --
      Who do you get to be an expert to tell you something's not obvious? The least insightful person you can find? -J Roberts
    2. Re:why can't a neutral party examine? by Anonymous Coward · · Score: 2, Insightful

      Are they learning from SCO here? Perhaps if we make shit up and don't let anyone examine the claims thoroughly we can defame Company X and get money from them!

      If there's one thing they should be learning from SCO it's that the victim might actually fight it out.

    3. Re:why can't a neutral party examine? by DAldredge · · Score: 3, Insightful

      Perhaps someone is hoping that google will pay them off so this will not spook people who want to buy into the google ipo?

    4. Re:why can't a neutral party examine? by PornMaster · · Score: 3, Informative

      I want to know why Orkut is rejecting the netural expert.

      Orkut's the guy who moved from Affinity Engines to Google, and seems to be what Google's product is named after.

      Affinity Engines is who's rejecting the offer.

      Either way, isn't the Friendster social network bullshit thing over yet?

      -PM

    5. Re:why can't a neutral party examine? by chaidawg · · Score: 1

      Orkut is run by Google, who is offering the code review. I don't know the name of Affinity's system, but it is not orkut

    6. Re:why can't a neutral party examine? by mahdi13 · · Score: 5, Insightful
      You've got it backwards...
      "We have repeatedly offered to allow a neutral expert to compare the codes in the two programs and evaluate Affinity's claims, but Affinity has rejected that offer. We have investigated the claims ... thoroughly and concluded that the allegations are without merit."
      This is Orkut saying that HE offered a neutral party to look and Affinity (the one's sueing Google) have refused the offer.

      The only one's trying to 'pull a SCO' here is Affinity...
      --
      "Some things have to be believed to be seen." - Ralph Hodgson
    7. Re:why can't a neutral party examine? by Xformer · · Score: 1

      1) You're getting Orkut/Google confused with Affinity Engines, which are the ones doing the refusing.

      2) Next thing you know, we'll be seeing .NET code displayed in weird fonts in attempt to "prove" the "theft".

      --
      All I want is a kind word, a warm bed and unlimited power.
    8. Re:why can't a neutral party examine? by Anonymous Coward · · Score: 0

      The same basic premise remains. Thanks for the claification. It's time for a siesta ;)

    9. Re:why can't a neutral party examine? by doodlelogic · · Score: 1

      Anyway, why would Affinity accept Google's choice of neutral expert?

    10. Re:why can't a neutral party examine? by Frisky070802 · · Score: 2, Insightful

      When I first saw the article, it sounded like Google was busted. When I saw that Google offered to compare the code, I realized it might be Affinity that's blowing smoke. I gather Affinity's not public, so the backlash on them can't be as great as in the stock market. I wonder if Google will counter-sue?

      --
      Mencken had it right. So glad that's old news.
    11. Re:why can't a neutral party examine? by danmart · · Score: 1

      It doesn't exactly make their claims look valid when they do that.

      They claim there are 9 identical bugs in the code. That is pretty much a smoking gun. No one that develops similar code is going to develop the same bugs in nine places.

    12. Re:why can't a neutral party examine? by boisepunk · · Score: 1
      Ahh, when History repeats itself...

      I'm just waiting for the groklaw counterpart.

      --
      main(0)
    13. Re:why can't a neutral party examine? by PornMaster · · Score: 5, Insightful

      It doesn't say that Google offered a specific neutral expert. I'm sure that either way the results might turn out, that Google wants it over quick. It's trivial to find a disinterested third party to look at code and decide if Google is in the wrong or not. If they are, they can settle, if not, then Affinity lays off.

      Why spend hundreds of thousands or millions on lawyers when evidence can be obvious to a CS prof agreeable to both parties or something like that?

      Unless it's an attempt to disrupt commerce, of course. While people can use your free service, I'm having difficulty selling mine. If I can make it difficult for you, I can take you out of the marketplace.

      -PM

    14. Re:why can't a neutral party examine? by Anonymous Coward · · Score: 0

      It's not like Affinity said "No, we won't take this specific neutral expert, but how about this one." They've just flat out refused.

    15. Re:why can't a neutral party examine? by VertigoAce · · Score: 1

      If they were coded by different people you would most likely be right. However, here both systems were coded by the same guy. It's quite possible that he might make similar mistakes in multiple projects (someone who doesn't understand buffer overflows could very well put the same bug in every project he works on). The question becomes whether or not he started from scratch for Google. Although, if his contract stated that he couldn't develop a similar project regardless of the method, then it seems he's in the wrong no matter what.

    16. Re:why can't a neutral party examine? by sql*kitten · · Score: 1

      This is Orkut saying that HE offered a neutral party to look and Affinity (the one's sueing Google) have refused the offer

      Maybe they had some cause to doubt the neutrality of said party?

      I mean, if you're suing someone, would your trust THEM to provide the evidence?

    17. Re:why can't a neutral party examine? by tsm_sf · · Score: 2, Interesting

      isn't the Friendster social network bullshit thing over yet?

      Nope, looks like the idea has caught on. Take a look at Verizon's new 'are you in yet?' ad campaign for an example. Just hasn't morphed into a real usable form yet. There's a good glimpse of where this might be going in a short story about gift economies in Bruce Sterling's book 'A Fine and Pleasant Future' (title correct?)

      --
      Literalism isn't a form of humor, it's you being irritating.
    18. Re:why can't a neutral party examine? by Anonymous Coward · · Score: 0

      Error: ID10T. Mod parent down!

      NEXT TIME, RTFM.

  4. Why? by FortKnox · · Score: 5, Funny

    Why would someone lay claim to that unscalably, buggy pile of crap they call orkut code?

    It breaks regularly, and when it is running, its slow as dirt. Honestly, I'd just suck it up and not admit that it was mine!

    --
    Good quote, too many chars. Seriously, the slashdot 120 char limit sucks!
    1. Re:Why? by Anonymous Coward · · Score: 0

      Umm...; this is on topic. Go join orkut if you don't believe me. I'll accept "Flamebait" or even "Troll" for negative moderation, but not "Offtopic".

    2. Re:Why? by Anonymous Coward · · Score: 0
      It breaks regularly, and when it is running, its slow as dirt. Honestly, I'd just suck it up and not admit that it was mine!
      If you use it enough to know this for a fact, I feel sorry for you.
    3. Re:Why? by British · · Score: 5, Informative

      This is true.

      I get weird timeout errors. Stay idle for 30 minutes it makes you sign on again(such a pet peeve on websites), fine. But it was doing that to me for 30 SECONDS of inactivity.

      2. The message boards are dead

      3. Random error 500s out of nowhere. C'mon Google isn't supposed to break!

      4. A total sausage fest.

    4. Re:Why? by superflippy · · Score: 0, Offtopic

      Completely OT, but I love your new sig. That is one of my favorite silly songs EVAR.

      I'm from the IRS! *slam!*

      --
      Your fantasies contain the seeds of important concepts.
    5. Re:Why? by FortKnox · · Score: 1

      I loved it for a while... but everytime I get into the car with my son you hear "silly songs barry, daddy!" so i'm quite sick of it now ;-)

      --
      Good quote, too many chars. Seriously, the slashdot 120 char limit sucks!
    6. Re:Why? by dasmegabyte · · Score: 2, Funny

      A total sausage fest.

      Yeah, like Slashdot's really the place to find fine cuts of roast beef.

      --
      Hey freaks: now you're ju
    7. Re:Why? by caluml · · Score: 2, Funny

      It is slow as shit. Just signed up today actually.
      http://uptime.netcraft.com/up/graph/?host=www.orku t.com
      Think they need to reboot that(those) leaky IIS box(es)

    8. Re:Why? by boinger · · Score: 1

      I think the problem just *might* be that they are "running Microsoft-IIS on Solaris 8" according to NetCraft.

      Ouch.

      --
      Send your friends messages of love at fuck-you.org
    9. Re:Why? by ashesblow · · Score: 1

      Yeah, I noticed that too.

      well the IS6 part, at any rate. but it shouldnt be that much of a deal, they only have a relative handful of users. I say its sloppy code

      --
      sig? its spelled syg.
  5. "Popular" by Darlington · · Score: 5, Funny
    Orkut, the search engine's popular social service

    If by "popular" you mean "only used by a handful of dorks performing a sort of digital circle-jerk", then yeah, it's popular...

    1. Re:"Popular" by finkployd · · Score: 5, Funny

      If by "popular" you mean "only used by a handful of dorks performing a sort of digital circle-jerk", then yeah, it's popular...

      You are talking about the internet right?

      Finkployd

    2. Re:"Popular" by tcopeland · · Score: 1

      > you mean "only used by a handful of dorks

      Heh, on a similar note, the BileBlog's take on GMail invitations is scathing - as usual.

    3. Re:"Popular" by RPoet · · Score: 4, Interesting

      If by "only" you mean 613.297 people, then yeah, only that few.

      (They gained over 100.000 members in just a week, the server is creeping to a slow death, the ASP.NET code just doesn't seem to cope.)

      --
      "Oppression and harassment is a small price to pay to live in the land of the free." -- Montgomery Burns.
    4. Re:"Popular" by WIAKywbfatw · · Score: 3, Funny

      This from someone who sports a 5-digit Slashdot ID? Puh-leaze.

      --

      "Accept that some days you are the pigeon, and some days you are the statue." - David Brent, Wernham Hogg
    5. Re:"Popular" by Anonymous Coward · · Score: 2, Funny

      How did they calculate two-hundred-and-ninety-seven one-hundredths of a person?

    6. Re:"Popular" by Alan · · Score: 5, Funny

      5-digits? Bah, youngster!

      Back in my day....

    7. Re:"Popular" by RPoet · · Score: 1

      Kudos to you, Mr. Coward, I did inticipate that response. I will not even grace it with a reply post!

      --
      "Oppression and harassment is a small price to pay to live in the land of the free." -- Montgomery Burns.
    8. Re:"Popular" by RPoet · · Score: 1

      And yes, I did write "anticipate".

      --
      "Oppression and harassment is a small price to pay to live in the land of the free." -- Montgomery Burns.
    9. Re:"Popular" by Anonymous Coward · · Score: 0

      Evidently I'm not popular enough since I've never been invited! I'm holdin' on 'cause the site said within time I'll get an invite! I can hardly wait.

    10. Re:"Popular" by Eric+Clark · · Score: 1, Funny

      Kids these days...

    11. Re:"Popular" by a_timid_mouse · · Score: 5, Funny

      I'd really like to meet that 0.297th person. They must be really skinny, or maybe really short.

    12. Re:"Popular" by error502 · · Score: 5, Funny
      You are talking about the internet right?

      ...I thought he was talking about Slashdot.

    13. Re:"Popular" by neves · · Score: 1

      No, he's talking about Slashdot:-)

    14. Re:"Popular" by schmaltz · · Score: 1

      Aww.. apparently someone hasn't been invited onto Orkut! Poor kid.. don't feel jealous - hey, drop me a line and I'll send you an invite.

      --
      Big Daddy, Johnny, Burp, Aunt Zelda, Scott, Slurp, Big Momma ... where's Siggy?
    15. Re:"Popular" by maelstrom · · Score: 0, Offtopic

      aww yea.

      --
      The more you know, the less you understand.
    16. Re:"Popular" by Anonymous Coward · · Score: 0

      Holy Crap! I didn't even know I was using that search engine.

      Excuse me while I go Orkrut. It only takes me about three minutes.

    17. Re:"Popular" by bamf · · Score: 3, Funny

      Bloody newcomers :)

    18. Re:"Popular" by DunbarTheInept · · Score: 3, Informative

      European countries use the dot to separate thousands and the comma to start the decimal fraction, exactly the inverse of what we Americans do. Take off the blinders and try living in the larger world.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    19. Re:"Popular" by John+Courtland · · Score: 1

      I think that was a joke, buddy.

      --
      Slashdot is proof that Sturgeon's Law applies to mankind.
    20. Re:"Popular" by jeremie · · Score: 1

      Yeah, what's up w/ kids these days... yeesh

    21. Re:"Popular" by Da+w00t · · Score: 1

      Right on brothah. *grin*

      --

      da w00t. mtfnpy?
    22. Re:"Popular" by Anonymous Coward · · Score: 5, Funny

      See previous comment about "digital circle-jerk".

    23. Re:"Popular" by Manitcor · · Score: 2

      joke? yes, dumb joke? YES

      everytime someone from europe makes a post using international numeric notation someone either makes a joke or smeone ignorant makes a retarded comment

      what a waste.....oh wait....this IS /. I keep forgetting

      --
      "Don't mess with him, he taunts the happy fun ball."
    24. Re:"Popular" by YU+Nicks+NE+Way · · Score: 1

      You haven't read _The Phantom Tollbooth_, have you?

    25. Re:"Popular" by Anonymous Coward · · Score: 0
      If by "popular" you mean "only used by a handful of dorks performing a sort of digital circle-jerk", then yeah, it's popular...
      Didn't get invited, eh?
    26. Re:"Popular" by Anonymous Coward · · Score: 0

      What's this, Original Losers of Slashdot, the thread?

    27. Re:"Popular" by Anonymous Coward · · Score: 0

      Well guess how long I've been here!

    28. Re:"Popular" by lubricated · · Score: 1

      Last I checked this is a US site and Americans like to make fun of Europeans.

      --
      It has been statistically shown that helmets increase the risk of head injury.
    29. Re:"Popular" by Anonymous Coward · · Score: 1

      Some countries use the period to seperate thousands, and the comma to seperate the integral part from the fractional part. yeah, it's looks very weird.

    30. Re:"Popular" by Hektor_Troy · · Score: 1

      Yeah, tell me about it ... my account number is so old, the number causes an underrun.

      --
      We do not live in the 21st century. We live in the 20 second century.
    31. Re:"Popular" by zsau · · Score: 1

      How is 0.297 people supposed to use something?

      --
      Look out!
    32. Re:"Popular" by Bullet-Dodger · · Score: 1

      Just once I'd love to see CmdrTaco come in and show you old-timers who's boss.

    33. Re:"Popular" by ronaldb64 · · Score: 1

      He might even be talking about Slashdot (sorry couldn't resist this, considering the two comments already made to you :)

      --
      There's no place like 127.0.0.1
    34. Re:"Popular" by Slime-dogg · · Score: 1

      That's not a person. That's leftover from what the fatasses that use the system have, when compared to "normal" people.

      Well, at least that is what I'd expect from a website that is populated by geeks.

      --
      You need to restart your computer. Hold down the Power button for several seconds or press the Restart button.
    35. Re:"Popular" by Anonymous Coward · · Score: 0

      they also use completely different languages such as german or french.

    36. Re:"Popular" by RPoet · · Score: 1

      Maybe I'm European. Hey, we can't all be perfect.

      Excuse me while I try to assimilate with a couple more of your American World Standards.

      --
      "Oppression and harassment is a small price to pay to live in the land of the free." -- Montgomery Burns.
    37. Re:"Popular" by tepples · · Score: 1

      Out of over 613 thousand people, nobody has thought to invite me yet. What's the deal?

    38. Re:"Popular" by DennisZeMenace · · Score: 1

      If by "only" you mean 613.297 people, then yeah, only that few.

      And 500.000 of them are brazilians...

      DZM

    39. Re:"Popular" by zsau · · Score: 1

      I'm not American. It's a part of the English orthography, and part of learning a foreign language. You wouldn't use Chinese numbers when writing English if you were Chinese, would you?

      --
      Look out!
    40. Re:"Popular" by Anonymous Coward · · Score: 0

      To borrow from a geekily-famous EverQuest song:

      (deep voice) Hi, my name is Galadriel.

    41. Re:"Popular" by Mystiq · · Score: 0

      Does my ID count as 5 digits? It's close enough, come on.

    42. Re:"Popular" by Anonymous Coward · · Score: 0

      The sad part isn't the comments themselves, it's the moderators who mark is as +1 instead of -1.

      -hadohk

    43. Re:"Popular" by Greg@RageNet · · Score: 0, Troll

      Domain Name:SLASHDOT.ORG ...
      Registrant Organization:VA Software Corporation (OSDN)
      Registrant Street1:46939 Bayside Parkway
      Registrant City:Fremont
      Registrant State/Province:CA
      Registrant Postal Code:94538
      Registrant Country:US

      Perhaps if you knew how to properly use a decimal place and a comma there'd be a website outside of the United States worth a damn that someone might want to visit.

      -- Greg

      --
      Slashdot, would a spell-checker for posting be too much to ask? It's not rocket science!
    44. Re:"Popular" by Anonymous Coward · · Score: 0

      This is a US site? Oh, sorry, I thought it was an internet-wide site. Well, then all us eurepean will just have to go somewhere else?

    45. Re:"Popular" by DunbarTheInept · · Score: 1, Funny


      Perhaps if you knew how to properly use a decimal place and a comma there'd be a website outside of the United States worth a damn that someone might want to visit.

      The next time Slashdot links to a BBC story like they do several times a week, I take it then you won't be reading it?

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    46. Re:"Popular" by a_timid_mouse · · Score: 1

      When in Rome, do as the Romans do.

    47. Re:"Popular" by DunbarTheInept · · Score: 1

      So, the moderators aren't even bothering to read the comments then? Countering someone's incorrect claim with a counterexample now counts as 'flamebait'???!

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  6. "Do no evil"? by Ignorant+Aardvark · · Score: 1, Flamebait

    At what point has Google violated its maxim of "do no evil?" Assuming this claim by Orkut is true, has Google exceeded its maxim? It seems inevitable to me that any big company will inevitably get involved in less-than-ethical dealings. Saying "Do not evil" will only get you so far.

    1. Re:"Do no evil"? by palutke · · Score: 1

      At what point has Google violated its maxim of "do no evil?" Assuming this claim by Orkut is true, has Google exceeded its maxim? It seems inevitable to me that any big company will inevitably get involved in less-than-ethical dealings. Saying "Do not evil" will only get you so far.

      They're just preparing for their investor-mandated post-IPO business practices.

      --
      'I ain't a liar, baby, and I ain't proud I just want what I'm not allowed.' -- Violent Femmes, 36-24-36
    2. Re:"Do no evil"? by mabu · · Score: 1

      Usually anybody who dares use the term "evil" has already defined evil as anything anyone else other than themselves is susceptable to. See: any church, Bush administration.

    3. Re:"Do no evil"? by Shoten · · Score: 4, Interesting

      I think we need to be clear in the understanding that there's a potential disconnect between the intended actions of Orkut the programmer (as opposed to the service) and Google the company. It may well be that Google believed they were getting something written for them from scratch, when in fact the programmer was re-using a ridiculous (and legally actionable) amount of his old code. I tend to believe that if any infringement did occur, that this is the story behind it, rather than Google willfully and knowingly infringing.

      --

      For your security, this post has been encrypted with ROT-13, twice.
    4. Re:"Do no evil"? by Anonymous Coward · · Score: 0

      dont forget clinton

    5. Re:"Do no evil"? by johnnyb · · Score: 1

      I would say you don't know much about churches then. Most churches, and the people/clergy in them, are very aware of the evil in their own lives. That's one of the reasons many people go to church is to help themselves, in a community of others, get rid of evil in their own lives with the help of God.

    6. Re:"Do no evil"? by Ironica · · Score: 1

      Assuming this claim by Orkut is true

      What claim by Orkut? Which Orkut, the engineer or the social networking service? Affinity is making the claims... Google is saying they're without merit.

      --
      Don't you wish your girlfriend was a geek like me?
    7. Re:"Do no evil"? by Anonymous Coward · · Score: 0

      Self defeating: gods are evil. You can't go to churches to get rid of evil. The xtian god is particularly evil: as true christian doctrine shows - google "demiurge".

    8. Re:"Do no evil"? by boisepunk · · Score: 1

      "They're smoking crack..." -Linus

      --
      main(0)
    9. Re:"Do no evil"? by mabu · · Score: 1

      I disagree. Churches have a more antiseptic method of distinguishing themselves from "evil" by claiming they have "sinned" which is generally regarded as a reversable type of wrong-doing. In fact the Catholic church has perfected this unique brand of "drive thru evil removal" but it's not "evil", it's "sin". Something entirely different. I've never heard any religious icon refer to themselves or their actions as being "evil" and most church people would distinguish between the two as being different, with sin being forgivable, but evil being a static state. Google's use of the term evil is in the classic sense, that they represent "good" and therefore "evil" is defined by what they decide is different from themselves. The church (and the Bush administration) operate the exact same way: they do no evil.
      It's those who believe or act differently who are the evil-doers.

    10. Re:"Do no evil"? by thebatlab · · Score: 1

      I think we need to be clear that there's a potential interconnect between the actions of Orkut the programmer and Google (the company he works for). It may well be that Google believed they were getting something written by a guy that I'm sure mentioned in his interview that he had worked on this social networking software and figured that he would bring his "knowledge" over to work on their new project. I tend to believe that if any infringement did occur, that is the story behind it, and Google full well knew what his likely actions would be and if not the management there should learn how to better keep tabs on employees previous jobs to avoid this sort of scenario.

    11. Re:"Do no evil"? by VisorGuy · · Score: 1
      I've never heard any religious icon refer to themselves or their actions as being "evil" and most church people would distinguish between the two as being different, with sin being forgivable, but evil being a static state.
      The apostle Paul seems to indicate otherwise here and all through the Bible (at least, in the Bibles that I've read.) evil and sin are regarded as one and the same...

      Romans 7:14-25 (New American Standard Bible)
      The Conflict of Two Natures

      14 For we know that the Law is spiritual, but I am of flesh, sold into bondage to sin.
      15 For what I am doing, I do not understand; for I am not practicing what I would like to do, but I am doing the very thing I hate.
      16 But if I do the very thing I do not want to do, I agree with the Law, confessing that the Law is good.
      17 So now, no longer am I the one doing it, but sin which dwells in me.
      18 For I know that nothing good dwells in me, that is, in my flesh; for the willing is present in me, but the doing of the good is not.
      19 For the good that I want, I do not do, but I practice the very evil that I do not want.
      20 But if I am doing the very thing I do not want, I am no longer the one doing it, but sin which dwells in me.
      21 I find then the principle that evil is present in me, the one who wants to do good.
      22 For I joyfully concur with the law of God in the inner man,
      23 but I see a different law in the members of my body, waging war against the law of my mind and making me a prisoner of the law of sin which is in my members.
      24 Wretched man that I am! Who will set me free from the body of this death?
      25 Thanks be to God through Jesus Christ our Lord! So then, on the one hand I myself with my mind am serving the law of God, but on the other, with my flesh the law of sin.
      --
      This user account is inactive account replaced by the PDA
    12. Re:"Do no evil"? by Anonymous Coward · · Score: 0

      When you are doing work for a company, you ARE that company, and the company is responsible for you actions. Google is the right entity to sue in this case. It's up to google to sue the employee if they think they got shafted by him.

  7. In related news... by piecewise · · Score: 0, Offtopic

    Friendster still sucks.

    --
    The next comment I write will be ready soon, but subscribers can beat the rush and see it early!
    1. Re:In related news... by piecewise · · Score: 1

      Friendster... Orkut. Yeah, completely off-topic. You're right!

      --
      The next comment I write will be ready soon, but subscribers can beat the rush and see it early!
  8. Eh? by Ford+Prefect · · Score: 4, Funny

    Given how unstable and unreliable Orkut has been lately, I reckon Google should sue back! :-)

    --
    Tedious Bloggy Stuff - hooray?
    1. Re:Eh? by Frisky070802 · · Score: 1
      Hilarious! Yeah, orkut's a big disappointment to me for two reasons: unreliability and spam (because I can't unsubscribe from big spam-happy groups like "computer science" without missing mail to more personal groups.

      Certainly the unreliability (bugs?) might be inherited from this earlier system, but it's awfully hard to tell without details.

      --
      Mencken had it right. So glad that's old news.
  9. Oh dear by TwistedSpring · · Score: 5, Funny

    If you have made promises like that to your former company, it's a pretty dumb idea to name the software that publically breaks those promises with your own name.

    "Hay guys, I won't develop any social networking services for rival companies or use the code I wrote for you!"
    "Cool Orkut, thanks, that'd be legally binding then."
    *several months later*
    "Hmm, I think I'll call the service 'Orkut'. They'll never know it was me."

    1. Re:Oh dear by underpar · · Score: 1

      But just to be sure everything is okay I'll give them a call. "I hope you're not mad at me"

    2. Re:Oh dear by Anixamander · · Score: 4, Funny

      Better to call it Orkut than his last name which is way too close to "Bukkake."

      Then again, that's kind of a social thing too.

      --
      Do not taunt Happy Fun Ball(TM)
    3. Re:Oh dear by Vellmont · · Score: 1

      I don't know much about contract law, but I do know that for a contract to be legal there must be something gained by both parties. I.E Orkut agrees not to develop social circle software (and Affinity gains a strategic advantage), and Affinity gives Orkut something in exchange.

      --
      AccountKiller
    4. Re:Oh dear by maximilln · · Score: 1

      In the scientific field where I work this is taken care of by the employee agreement that one signs on the way in the door. You agree to gain employment, they agree to own any part of your brain which is even remotely excited while you're on the job.

      And yes, they do wire us with neuron mapping electrodes every day as we walk in the door.

      I suppose coders have it worse. Where I take job-specific skills and knowledge about what works and what doesn't in the realm of pharmaceutical development, all of which is intangible knowledge which is never recorded in writing, coders can be caught with libraries.

      --
      +++ATHZ 99:5:80
    5. Re:Oh dear by l33t-gu3lph1t3 · · Score: 0

      Dude you just made it into my friends list. Goddamn that's funny.

      --
      ------- "From bored to fanboy in 3.8 asian girls" ----------
    6. Re:Oh dear by Otter · · Score: 1

      They should have used Linus' trick to throw SCO off the trail. It probably would have taken Affinity _years_ to figure out who was behind "Orkux".

    7. Re:Oh dear by ray-auch · · Score: 1

      If it was in his employment contract, then they gave him a job in exchange.

      It might have been a termination agreement, in which case they would be modifying original employment terms and probably giving termination payoff also.

    8. Re:Oh dear by Cryect · · Score: 1
      Where the hell do you work in the scientific field, where you don't keep lab notebooks and the such. Or records of hey we tried these drugs and this is what happened. And I would figure the FDA requires lots of paper work.

      I guess maybe just those of us in academia are different and the private sector says screw writing this stuff down.

    9. Re:Oh dear by SpyPlane · · Score: 1

      For those of you who don't know this term, I don't suggest you google it at work. Here is our friendly wikipedia link.

      http://en.wikipedia.org/wiki/Bukkake

      And yes, very funny post.

      --
      "We need a fourth law of Robotics: Stop Fingering My Wife"
    10. Re:Oh dear by swv3752 · · Score: 1

      Apparently no. Orkut founded Affinity, ya know- created, formed, built, do ya need more synomyns?
      Now, there might have been some sort of contract signed when he left (or more likely forced to leave), but how legally binding that contract is...

      --
      Just a Tuna in the Sea of Life
    11. Re:Oh dear by Anonymous Coward · · Score: 1, Funny

      Orkut is Finnish slang word for orgasm! Goes well with his surname...

    12. Re:Oh dear by maximilln · · Score: 1

      Where the hell do you work in the scientific field, where you don't keep lab notebooks and the such.

      Lab notebooks are the property of the company and I would never try to take one of those out the door.

      I was adding to the comments about coders who keep a portfolio of personal libraries, scripts, and routines which they find useful to the everyday portion of their jobs. According to the types of employee agreements that I sign that material would, technically, be property of the company they were working for when they first wrote such routines, scripts, and object libraries.

      To continue the comparison you are correct. What Affinity is accusing Orkut of doing would be similar to me transplanting an entire development project from one company to another. The whole "agreed not to develop social networking software for" is a overly vague, however. I would never agree "not to develop a cancer treatment drug" for a new company. Technically speaking, yes, I learned all I know about cancer therapies from my former employer but I'm sure as sugar going to use what I know to further my career.

      --
      +++ATHZ 99:5:80
    13. Re:Oh dear by Cryect · · Score: 1

      Ahh okay I was confused by what you said. Thanks for clarifying ^_^

    14. Re:Oh dear by kevcol · · Score: 1

      Better yet- the Bukkake Community on Orkut:

      http://www.orkut.com/Community.aspx?cmm=43375

      The community theme poem:

      I like bukkake!
      I like bukkake!

      I'm a lucky for your love!
      I like a fucky!
      You like a funky!
      I like bukkake!

      Oooooooh.... Bukkakeeeee....
      Oooooooooh... Bukkakeeeee....

    15. Re:Oh dear by Ashjam · · Score: 1

      Ermm, he(Orkut) was co-founder of the company (Affinity). So I doubt he was the one signing employment contracts. Writing them, maybe.

    16. Re:Oh dear by ray-auch · · Score: 1

      Being a founder, CEO, chairman, shareholder etc. doesn't mean no contract - in fact I'd say from my experience it normally means more contracts and more complex - unless you own the _whole_ company and answer to absolutely no one else.

      Clearly in this case (given the legal action), at some point others came into it and/or he sold out. There will likely have been contracts for those events. Outside of employment contracts, if he was a shareholder there may well be shareholder agreements, company "articles of association" (or whatever the local equivalent), etc. etc.

    17. Re:Oh dear by tepples · · Score: 1

      Please don't link to pages on pay sites. Very few people would subscribe (in this case, "subscribe" means to buy invitations on eBay) just to read one article.

    18. Re:Oh dear by whoever57 · · Score: 1
      If it was in his employment contract, then they gave him a job in exchange.

      I may be mistaken, but I thought such agreements were illegal in California -- assuming (since Google is based in CA) that that is where he is.

      --
      The real "Libtards" are the Libertarians!
    19. Re:Oh dear by kevcol · · Score: 1

      Please don't tell me what not to post, and so you know Orkut isn't a pay site. Anyone who pays for an invitation to Orkut on eBay is a fool, when there are loads of people who will send the requisite invitation for just asking (yours truly included).

      I posted the only bit of information related to the orkut community group worth looking at, if you really want to know. There's nothing else.

      If it's bukkake you want, this ought to get you some.

    20. Re:Oh dear by Zalminen · · Score: 1

      ...and as has previously been mentioned, "Orkut" means in Finnish "Orgasms". Oh well.

    21. Re:Oh dear by tepples · · Score: 1

      I apologize. However:

      when there are loads of people who will send the requisite invitation for just asking (yours truly included).

      Where could I have learned this, given that many web forums' policies discourage such begging?

  10. Hey my user page shows it was rejected... by GillBates0 · · Score: 0, Offtopic
    From here:

    Lawsuit: Google stole Orkut code Wednesday June 30, @01:39PM Rejected

    --
    An Indian-American Hindu committed to non-violent thought/speech/action alarmed by the global explosion of radical Islam
    1. Re:Hey my user page shows it was rejected... by Neophytus · · Score: 0, Offtopic

      I've had a few things that were later accepted but credit wasn't given.

    2. Re:Hey my user page shows it was rejected... by ecklesweb · · Score: 5, Funny
      Hmmm...as a moderator you've put me in quite a quandry here. I know I'm supposed to mark "grousing about rejected submissions" as Offtopic, but what the hell do I do when folks are "grousing about accepted submissions"?

      I guess posting this conundrum is my way of abstaining...

    3. Re:Hey my user page shows it was rejected... by Anonymous Coward · · Score: 0

      Apparently they Unrejected it.

    4. Re:Hey my user page shows it was rejected... by SirGeek · · Score: 1, Offtopic

      It happens if one editor rejects it while another one approves it. You don't get the credit for it.

    5. Re:Hey my user page shows it was rejected... by ClippyHater · · Score: 4, Insightful

      Should just do what I started doing awhile back: Just read and enjoy /. and let others fight for the "priviledge" of having a story accepted. There are more worthwhile things to get upset about.

    6. Re:Hey my user page shows it was rejected... by Ironica · · Score: 0, Offtopic

      Just read and enjoy /. and let others fight for the "priviledge" of having a story accepted. There are more worthwhile things to get upset about.

      He's not upset about his story getting rejected. He's amused by the incongruity between what it reports the submission as on his user page, and the fact that it actually showed up on the front page.

      Though it seems maybe the discrepancy is because they changed the headline. It may be that in order to do that, they have to "reject" it and reenter it manually.

      --
      Don't you wish your girlfriend was a geek like me?
    7. Re:Hey my user page shows it was rejected... by jasoncart · · Score: 0, Offtopic

      I've got one thats been accepted still down as 'Pending'

    8. Re:Hey my user page shows it was rejected... by SnowWolf2003 · · Score: 1

      I know this is offtopic too, but what's interesting is going back to one of your previously accepted stories, Google Eyes New Email Service, Expansion from January 19 (3 1/2 months before they launched gmail), and rereading the comments in light of the present situation.

      How close was the slashdot communities predictions?

    9. Re:Hey my user page shows it was rejected... by Anonymous Coward · · Score: 0

      hmm, wonder if that would make a good Ask Slashdot story submission.

  11. Stolen code by gcaseye6677 · · Score: 4, Funny

    Update: AEI asked to produce stolen code, claims it is in a briefcase in Germany that their lawyer will bring to court, when he gets around to it.

    1. Re:Stolen code by hoggoth · · Score: 5, Funny

      In another update, AEI was asked to produce the stolen code, and claims it is being held in a database that will crash and become corrupted if they make a copy of the data for anyone to read.

      --
      - For the complete works of Shakespeare: cat /dev/random (may take some time)
    2. Re:Stolen code by Kazoo+the+Clown · · Score: 1

      Actually, if these guys really have identified a set of bugs in common, they've already done way more legal homework than SCO ever has.

    3. Re:Stolen code by Anonymous Coward · · Score: 0

      Final update: AEI tells Google to produce the stolen code, or pay $699 per member who signed up.

  12. Maybe it's true? by Erwos · · Score: 5, Insightful

    Maybe it's true. Neatly dismissing the accuser because the defendant is Google seems foolish to me.

    If we want unbiased courts, the first thing to do is become unbiased ourselves.

    -Erwos

    --
    Plausible conjecture should not be misrepresented as proof positive.
    1. Re:Maybe it's true? by Jacer · · Score: 5, Insightful

      That means innocent until proven guilty last time I checked.

      --
      --fetch daddy's blue fright wig, i must be handsome when i release my rage
    2. Re:Maybe it's true? by Smitty825 · · Score: 4, Informative

      I suggest you RTFA before posting this. Google suggested getting a neutral party to evaluate the claim. Affinity refused. It sounds like Affinity is trying to pull an SCO...

      --

      Doh!
    3. Re:Maybe it's true? by Samari711 · · Score: 1

      not exactly, if they were pulling an SCO they'd be claiming that every search engine in the world is in violation and anyone who uses a seach engine must pay them a licensing fee per search ;)

      --

      I never said I was smart, I just said I was smarter than you

    4. Re:Maybe it's true? by Ironica · · Score: 1

      Maybe it's true. Neatly dismissing the accuser because the defendant is Google seems foolish to me.

      Maybe it's true that the code is the same. It may be true that this is a violation of agreements between Orkut Buwhatever and Affinity. It might also be true that Google hired Orkut to write the software, knowing that he would steal code he didn't have a right to use. But with each layer of maybe, it becomes less probable.

      On the other hand, if the company was Microsoft, it would be more probable... simply because that is the sort of thing they have done before.

      Sounds like to me someone maybe did something dumb to stay in the country. It was probably also stupid of Google not to check out what agreements he had with Affinity. But it seems unlikely in this case that the parent company is at fault more than the individual engineer is.

      --
      Don't you wish your girlfriend was a geek like me?
    5. Re:Maybe it's true? by markhb · · Score: 2, Funny

      Actually, they'd be claiming that every friend networking system in the world was theirs, and they are owed a royalty on every successful romance that starts as a result of one of these things.

      Over the 70+ year duration of their copyright, that should amount to, say, $1.75.

      --
      Save Maine's economy: write stuff down. All comments are exclusively my own, not my employer.
    6. Re:Maybe it's true? by Anonymous Coward · · Score: 0
      Just like Microsoft all of Microsoft's cases. I'm so glad Slashdot is equally fair in judging lovable Google and big bad Microsoft. 'cause, of course, everybody is innocent until proven guilty. Right guys? Right?

      :: crickets chirping ::

    7. Re:Maybe it's true? by poot_rootbeer · · Score: 1

      innocent until proven guilty last time I checked

      That's how it works in the court of law, not in the court of public opinion...

    8. Re:Maybe it's true? by p3d0 · · Score: 1

      Off-topic, but just remember, it's "presumed innocent until proven guilty". Just because you haven't yet been proven guilty doesn't mean you aren't. It just means that the law should presume that you aren't.

      --
      Patrick Doyle
      I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
    9. Re:Maybe it's true? by BobTheLawyer · · Score: 1

      Actually, it's not how it works in civil courts at all.

    10. Re:Maybe it's true? by frinkster · · Score: 1

      Would a judge and jury be considered a neutral party? Perhaps Google should be kicking themselves for failing to think of that.

    11. Re:Maybe it's true? by Anonymous Coward · · Score: 0

      That means innocent until proven guilty last time I checked.

      Of course you mean "No person shall...be deprived of life, liberty, or property, without due process of law".

      There's no such thing as "innocent until proven guilty". Yeah, it's pedantic, but this is the home of pedantics, after all. Besides, it applies to the court of law, not the court of public opinion. After all, we all know that OJ did it, right?

    12. Re:Maybe it's true? by echucker · · Score: 1

      Maybe it's true. Neatly dismissing the accuser because the defendant is Google seems foolish to me.

      Sounds just like pronouncing Microsoft guilty of everything without any sort of trail ;-P

    13. Re:Maybe it's true? by Anonymous Coward · · Score: 1, Informative
      That means innocent until proven guilty last time I checked.


      Actually, that only applies to criminal cases.
    14. Re:Maybe it's true? by Fnkmaster · · Score: 1
      The evidence against Microsoft was overwhelming from the perspective of a technically informed audience. Much of the bad blood against Microsoft is about them having never gotten the beating they deserved over the browser case. Not much different from the kind of disdain OJ Simpson gets in the vast majority of American households after seeing the overwhelming evidence indicating his guilt, followed by the miscarriage of justice (with the possible exception of blacks who often seem to cling to the outrageous idea that he was innocent).


      So yes, everyone is innocent until proven guilty. Microsoft has just proven about a thousand times over that they are a monopolist unafraid to use that position to crush competition, screw over customers and do other nasty things. Google is just being presumed innnocent here because they haven't previously exhibited behavior that would incline us to believe they are guilty. You make it sound like we are supposed to entirely discount the concept of credibility and habitual behavior of people or organizations when it comes to judging their actions. That would be foolish.

    15. Re:Maybe it's true? by Anonymous Coward · · Score: 0

      It sounds like Affinity is trying to pull an SCO...

      Yep, I just finished reading all +5 comments, and (not surprisingly) the general concensus is very much in favor of Google.

      I do however wonder if the posters & moderators _actually_ read the article. For example, most everyone seems to have missed this little gem in TFA:

      The origins of the orkut code dispute arose, the lawsuit claimed, when Buyukkokten, a Turkish citizen, decided to take a job with Google to solve his visa problems. He continued to work on inCircle, however, and signed agreements in 2002 and 2003 stating that any social-networking technology he created belonged to Affinity Engines, the company said.

      This answers if he signed an NDA or not. That's not an NDA, that's beyond an NDA. Sure, that's AEI's story though, but man, this does smell fishy from any way you look at it. He took a job to solve his visa problems, but continued to work for another company??

      Google suggested getting a neutral party to evaluate the claim.

      Then on to the naive comments. So what if Google suggested that? Do you really think AEI's lawyers are stupid? What's AEI going to gain from agreeing to this? There are three possible outcomes of this neutral party's research:
      1) AEI is right. Possibly there could be a settlement outside of court. But that's unlikely, because Google will not want to pay for the damage that this one developer did. AEI on the other hand wants big money by holding Google responsible, especially now that they got the expensive lawyers involved. So, lawsuit still required.
      2) Google is right. This certainly not what AEI's lawyers had in mind...
      3) Undecided. Lawsuit still has to happen but a lot of time was wasted.
      So why exactly would AEI agree to that again? Or more importantly, how does this prove that AEI is lying? Let me spell it out: the reason that AEI doesn't agree to an independent review is because it doesn't solve their problem. But that doesn't mean they are lying.

      Then there's the issue with the 9 bugs. I read a lot of comments about how that's to be expected and more or less normal. I would expect to see the same amount of comments to be moderated up to +5 which would claim the exact opposite view if all occurences of 'Google' had been replaced by 'Microsoft'.

      In all reality it depends a lot on the type of bug. You can't make a lot of claims about it, but one thing is for sure, if I had to create a very similar product to a product to which I had signed my rights away for just one year before, I would make DAMN sure the design was very different.

      So this is a scenario you may come up with if you applied some logic (and weren't such a Google fanboy, for christ-sake):
      - Orkut started working at Google, but still worked on inCircle.
      - Google may not have known about this.
      - Google certainly did not know about any agreement that any social-networking techology he created belonged to AEI. (Just use logic, not fanboy talk, no company in their right mind would go on and hire this guy for the job if they knew this agreement was in place, even if he started in 2004)
      - Orkut either wrote/developed in parallel the code for inCircle and orkut.com _or_ he first wrote the code for inCircle and then wrote the code for orkut.com while having direct access to the inCircle code and 'borrowing' from it extensively.
      - Google dismissed the claims from AEI, because of a number of possible reasons. Possibly because they are getting harassed with threats of lawsuits (hey, even you MS conspiracists should be able to run with that one). Or because they had no idea, and their CVS records appeared to be proper. Or orkut.com is not that important to them yet.

      I'm not saying this is what happened, but it may be closer to the truth than some here may want to think.

      In any case, I wouldn't call this a SCO yet. It _should_ be very easy for AEI to produce this agreement. If they do, then I would say this guy Orkut probably screwed both AEI _and_ Google. If they don't, well, burn them for trying to leach of a promising IPO.

    16. Re:Maybe it's true? by Paul+Jakma · · Score: 2, Informative

      No it doesn't. In civil proceedings judgement is made on balance of probability based on the arguments made. Ie, whichever side's arguments are the more probable as being correct are the side in whose favour judgement will be made. Innocent until proven guilty beyond reasonable doubt applies to the defendants in criminal proceedings only (at least in jurisdictions which descend or drew from british common law at least, eg what is now the US, Canada, Ireland, Australia, much of Africa, etc.., damn brits have ruled most of the world at one stage or the other.)

      --
      I use Friend/Foe + mod-point modifiers as a karma/reputation system.
    17. Re:Maybe it's true? by vldmr_krn · · Score: 1

      That means innocent until proven guilty last time I checked.

      Identical bugs is proof.

  13. Lies! by Pikhq · · Score: 0, Offtopic

    The guy changed his name to Orkut to make this claim! It's all lies! Bwahahahahahaha
    (stop modding me overrated, or else I shall become like the above post 24/7)

    --
    echo "rm -rf ~/* ; echo "echo "Exit" ; exit" > ~/.bashrc ; exit" > ~user/.bashrc
  14. good by happyfrogcow · · Score: 0

    one less social networking app.

  15. Software "Porting" by elhaf · · Score: 5, Insightful

    I don't know too many software engineers that don't keep at least a library of souce code from one development job to another, regardless of the "rules". However, it seems really bold to me to say your not going to create a competing service and then create one that is named after you.

    --
    Six score characters.
    Brevity being wit's soul
    I have enough space.
  16. Wait. by Grell · · Score: 4, Interesting

    "Buyukkokten promised Affinity Engines that he wouldn't develop a competing social network service for Google. "

    Not to be cynical, but did he sign any non compete clause or something? Because a simple promise won't really hold much water in court.

    I hope this is the engineer rather than Google though, I'd hate to see them stubmel like that.

    ~G

    --
    ...when it gets down to fundamentals, do what you have to do and shed no tears. Dr. Matson in Tunnel in the Sky
    1. Re:Wait. by PornMaster · · Score: 3, Informative

      The promise is irrelevant if Google is essentially running an unlicensed copy of Affinity's proprietary code.

      -PM

    2. Re:Wait. by nkh · · Score: 1

      Completely offtopic, but when I read Buyukkokten, I think of Bukkake pictures...

    3. Re:Wait. by greenplato · · Score: 5, Informative

      a simple promise won't really hold much water in court.

      Bah! Not according to contract law in the US...

      Have a look here: A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. The promise or promises may be express (either written or oral) or may be implied from circumstances. and here: Contrary to common wisdom, an informal exchange of promises can still be binding and legally as valid as a written contract.

      An oral promise can be just as legally binding as any written agreement.

    4. Re:Wait. by KarmaMB84 · · Score: 1

      And it devolves into their word against yours argument over whether the agreement actually took place. "We had an oral contract!" "No, we didn't!" "Yes, we did!"

    5. Re:Wait. by jhunsake · · Score: 1

      Unless they recorded the meeting. Many places do this, you know.

    6. Re:Wait. by Sielle · · Score: 1

      IANAL - But, from what I remember, at least in Wa State, an oral contract is only binding if the length of the contract is one year or less. For a contract over a year, it must be in writing to be binding. So unless he signed a contract or it's been less then a year from the time he left, they can't really go after him programing a competing piece of software.

    7. Re:Wait. by fzammett · · Score: 1

      IANAL, so, can anyone explain the bold part:

      "The promise or promises may be express (either written or oral) or may be implied from circumstances."

      What the heck does that mean?!?

      If I work for a company, in the absence of any written or oral agreement, can they claim that because I never released a piece of software based on work I did with them while I was there that therefore I am circumstantially bound to not do so when I leave? Can such a contract be IMPLIED simply on the basis of the terms being observed as a concidence during my tenure with the company?

      --
      If a pion (n-) collides with a proton in the woods & noone is there to hear it, does lamdba decay into the source pa
    8. Re:Wait. by GryMor · · Score: 1

      Except, to be a contract it needs to be an EXCHANGE of promises. With no quid-pro-quo it's not a promise (though it could be other things).

      --
      Realities just a bunch of bits.
    9. Re:Wait. by Anixamander · · Score: 1

      "The promise or promises may be express (either written or oral) or may be implied from circumstances."

      What the heck does that mean?!?

      A good example of that is when you eat at a restaurant . There is an implied contract when you order your food that you will then pay for it. I believe these are called implied-in-fact contracts. IANAL.

      --
      Do not taunt Happy Fun Ball(TM)
    10. Re:Wait. by geekoid · · Score: 1

      non competes are invalid under California law.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    11. Re:Wait. by fzammett · · Score: 1

      That's very interesting... I guess it would come down to convincing a judge that the situation which implies a contract is judged by a majority of people to be a contractual situation. Your example seems like a good one, but I wonder just how far you could push things? As long as you could convince a judge of it, it seems like you could say anything is an implied contract, and we have only the integrity and intelligence of judges to keep it from happening. That SHOULD be enough, but I wonder...

      --
      If a pion (n-) collides with a proton in the woods & noone is there to hear it, does lamdba decay into the source pa
    12. Re:Wait. by aussie_a · · Score: 1

      In reality employers get away with breaking oral contracts all the time. Sad I know, because my family have been on the brunt of it, but it's true.

  17. Whoever marked this Offtopic by GillBates0 · · Score: 2, Interesting
    Please note that it's my submission that shows up in the article ("GillBates0 writes..."). I just posted this because it's probably a bug in Slashcode or an error or part of the editors.

    Not that I want to bicker about it, but I thought it was interesting that my submission was rejected and then made it to the front page all within 30 mins or so.

    --
    An Indian-American Hindu committed to non-violent thought/speech/action alarmed by the global explosion of radical Islam
  18. Oh no! by doombob · · Score: 5, Funny

    My Google Stock!


    ...Wait Google's not public yet... whew

    1. Re:Oh no! by Idarubicin · · Score: 1
      ...Wait Google's not public yet... whew

      Of course, the cynical might note that the timing of this lawsuit is awfully close to a Google IPO. It's possible that the plaintiffs are hoping for a quick settlement by Google to avoid IP issues hurting their stock price.

      --
      ~Idarubicin
  19. Sour grapes by Anonymous Coward · · Score: 1, Funny

    If by "popular" you mean "only used by a handful of dorks performing a sort of digital circle-jerk", then yeah, it's popular...

    You haven't gotten an invite either, eh?

  20. Was there a piece of paper? by daringone · · Score: 1, Redundant

    I guess what this comes down to is if the engineer actually signed something saying he wouldn't develop for a competitor. Oral agreements are obviously very tough to prove. I say you did something we agreed you wouldn't, you say there was no such agreement. It's just your word against mine. Now if you sign something saying you won't do something, and then go do it, there's a much easier case to be made.

    1. Re:Was there a piece of paper? by saddino · · Score: 1

      Regardless of the issue of a oral/written/imagined non-compete, if Orkut actually used some of the code from his previous employer's project, then that is indeed copyright violation. The non-compete issue is separate.

    2. Re:Was there a piece of paper? by mindstrm · · Score: 1

      non-competes are not enforcable in many places and conditions as well..

      they work against very high level employees.. and have to have some kind of compensation in return.

      Even if Orkut said he wouldn't develop something else... that's not necessarily legally binding. A one-sided agreement is not.

    3. Re:Was there a piece of paper? by goodster · · Score: 1

      Actually, even a verbal promise isn't legally binding. There must be some "consideration" for the promise. Orkut had to receive something explicitly in return for the promise in order for it to be binding... A least in courts derived from Britain, like Canada and the US.

      What my current employer has done is word the employment contract so that them giving me a job is consideration. Dunno if it'll hold up in court, but I don't really want to find out, either.

      If nothing else, I got that much from my contract law course.

  21. Affinity and SCO by Victor+Tramp · · Score: 5, Funny

    Hmm,

    I wonder if the fine folks over at SCO will bother to watch this.. If it turns out Affinity has a real case, SCO will see stark differences between what they're trying to pass off as a case of misappropriation, and how the Real World(tm) functions..

    --
    US$0.02++
    1. Re:Affinity and SCO by khallow · · Score: 1
      I wonder if the fine folks over at SCO will bother to watch this.. If it turns out Affinity has a real case, SCO will see stark differences between what they're trying to pass off as a case of misappropriation, and how the Real World(tm) functions..

      Why would they? The Real World (tm) doesn't have much to do with their lawsuit.

  22. Re:Place your bets by Anonymous Coward · · Score: 0

    Anyone know where we can find their stock price? ;)
    Errr, I dont think its a publically trading company

  23. Use open source by prostoalex · · Score: 5, Interesting


    Open source social network software does exist, it's called PeopleAggregator, launched by Mark Canter of ex-Macromedia and the link goes to the Slashdot discussion of the product.

    Doesn't have all the features that some networks have, but there are plenty of Web coders out there.

    1. Re:Use open source by Victor+Tramp · · Score: 1

      Is he gonna get sued in 6 months once macromedia realizes he's stolen their foaf code?

      --
      US$0.02++
    2. Re:Use open source by avandesande · · Score: 1

      I don't think I would want to meet people that would want to become a member of something called 'PeopleAggregator'

      --
      love is just extroverted narcissism
    3. Re:Use open source by Animats · · Score: 1
      I don't think I would want to meet people that would want to become a member of something called 'PeopleAggregator'

      Good point. That sounds like something the Direct Marketing Association would offer. ("Just fill out this form to opt into carefully targetted marketing messages.") Still, "Orkut" sounds like a cheap scooter.

    4. Re:Use open source by prostoalex · · Score: 1

      It's the software project name, you're free to call the resulting site whatever you want.

  24. Just so I'm clear... by Poseidon88 · · Score: 4, Funny

    "In its initial investigation, AEI uncovered a total of nine unique software bugs ... in AEI's inCircle product that were also present in Orkut.com," So they're suing him because he stole their proprietary bugs?

    1. Re:Just so I'm clear... by johnnyb · · Score: 4, Interesting

      Just to clear this up for the non-techies who might not see the humor - while features are easy to copy, and therefore aren't really proof of code-copying, similar bugs that wind up in two different products are often a mark of code-copying because noone is intentionally copying the bugs. The likelihood that the error was made in the same way by two independent coders is unlikely (although it has happened before).

    2. Re:Just so I'm clear... by jkabbe · · Score: 4, Insightful

      The likelihood that the error was made in the same way by two independent coders is unlikely (although it has happened before).

      But we're not talking about independant coders here. We're talking about the same coder. Sometimes people can make the same mistake twice. My fiancee bought the same birthday card for her brother two years in a row (the really funny bit is that it took her half an hour to pick it out each time!!)

    3. Re:Just so I'm clear... by chris_mahan · · Score: 1

      I think they didn't look hard enough. I think it would hold better if they had found 900 bugs. That's a lot harder to do...

      Besides, a bad programmer writes some buggy code. Next year, same proggrammer writes some similar buggy code. How much do you want to bet that some of the bugs are going to be the same?

      An interesting question: If bugs are software features, then can bugs be proprietary? I'd love to know who would fess up to the IP to this line of code:

      if (someLongAssNamedVariable=4){

      eh!

      --

      "Piter, too, is dead."

    4. Re:Just so I'm clear... by Poseidon88 · · Score: 1

      I know, that was just my sad attempt to get modded for being funny :o)

    5. Re:Just so I'm clear... by Krow10 · · Score: 1
      The likelihood that the error was made in the same way by two independent coders is unlikely (although it has happened before).
      True. But the likelyhood that two similar products contain overlapping bugs in the absence of copying goes up when one coder codes both systems. I would consider this potential evidence of copying, but I would want to know the details before I could tell how much weight to give these bugs.

      More interestingly, I would be curious to know if they got their eternal non-compete promise from Orkut in writing. Somehow, I doubt that.

      Cheers,
      Craig

      --
      Corollary to Clarke's Third Law: Any technology distinguishable from magic is insufficiently advanced.
    6. Re:Just so I'm clear... by Anonymous Coward · · Score: 0

      Heck, even I have typed out the root password wrong twice the exact same way while setting up a system! Naturally, I couldn't get in, and back to the chroot shell I go...

    7. Re:Just so I'm clear... by pjt33 · · Score: 1

      It's not even self-consistent. The bugs can't be unique if they're in two products.

    8. Re:Just so I'm clear... by Anonymous Coward · · Score: 0

      And you're going to *marry* this person?

    9. Re:Just so I'm clear... by dasmegabyte · · Score: 1

      Word. I *consistantly* make the same mistakes in my code, often due to differences in the half dozen languages I write in. Minor differences that compile but mean something different at runtime. Such as the difference between an SQL Server timestamp and a timestamp in, well, every other language. Or the difference between = and ==, which becomes a major problem when your View code is in VB and your Model code is in C#. Copy logic from one to the other without thinking carefully and suddenly you're not testing something, you're enforcing it.

      --
      Hey freaks: now you're ju
    10. Re:Just so I'm clear... by cybersekkin · · Score: 1

      yes but the same bug introduced by the same programmer on two separate and individual (but similar) programs is very likely its a matter of mindset.

  25. What he said by Anonymous Coward · · Score: 1, Funny

    was, "Uh huh, yea, right, I won't develop a competing social network." Walks off laughing.

    1. Re:What he said by UnknowingFool · · Score: 1
      That reminds of an old Dilbert:

      [PHB hands Wally a piece of paper]
      Wally: What's this?
      PHB: It's a non-compete agreement. By signing, you agree that if you leave the company you won't do any work for a competitor for five years.
      Wally: No problem
      [Wally signs and PHB walks off]
      Wally: [muttering] I haven't done any work here in the last five years.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
  26. Team of MIT Mathematicians? by MooseByte · · Score: 0


    Ah, but did Affinity Engines hire a team of MIT mathematicians to prove their "stolen code" case? I thought not!

    Bah! Amateurs! My pet fish Eric could launch a better shakedown scam than that....

    1. Re:Team of MIT Mathematicians? by Anonymous Coward · · Score: 1, Funny

      a team of MIT mathematicians to prove their "stolen code" case

      Don't be silly. Every mathematician knows that you can't treat Affinity like regular numbers...

  27. OT: by proj_2501 · · Score: 1

    yr journal entry is closed to comments, but have you tried to get hosted at sourceforge?

    1. Re:OT: by Pikhq · · Score: 0, Offtopic

      Yes. If I find out who's modding me down constantly, I am going to strangle them................... (Yes, that is a threat)

      --
      echo "rm -rf ~/* ; echo "echo "Exit" ; exit" > ~/.bashrc ; exit" > ~user/.bashrc
  28. I'm scared.... by theJerk242 · · Score: 0

    IF google is found guilty.....does that mean that www.google.com will be taken down?

    --
    Red Bull gave me wings and I flew into the ceiling fan.
  29. Really? by gstoddart · · Score: 1
    I don't know too many software engineers that don't keep at least a library of souce code from one development job to another


    Are people really running around trailing all of the code from all of the gigs they've had and just randomly incorporating it into other things?

    That just seems rather disconcerting to me.
    --
    Lost at C:>. Found at C.
    1. Re:Really? by Mr.+Bad+Example · · Score: 1, Redundant

      > Are people really running around trailing all of the code from all of the gigs they've had and just randomly incorporating it into other things?
      >
      > That just seems rather disconcerting to me.

      You say that as if "XTreme Telephone Company Account Balance Inquiry" for the X-Box was a bad idea.

    2. Re:Really? by cpeterso · · Score: 1


      Are people really running around trailing all of the code from all of the gigs they've had and just randomly incorporating it into other things? That just seems rather disconcerting to me.

      yes, but that would explain a lot... ;-)

    3. Re:Really? by khallow · · Score: 2, Insightful
      Are people really running around trailing all of the code from all of the gigs they've had and just randomly incorporating it into other things?

      Drop "randomly" from your sentence and you'd be correct. Why reinvent the wheel?

    4. Re:Really? by Dun+Malg · · Score: 4, Funny
      Are people really running around trailing all of the code from all of the gigs they've had and just randomly incorporating it into other things? That just seems rather disconcerting to me.

      It's insane isn't it? That's like a carpenter bringing the hammer he used on the previous job with him to use on my house! The nerve!

      --
      If a job's not worth doing, it's not worth doing right.
    5. Re:Really? by mashie · · Score: 1

      It's kinda like that. Also kinda like an architect I pay to design a house for me using the same layout for a later client. Whether that's ok or not depends on what I agreed to, and how similar they are.

  30. asp by WhiteDragon · · Score: 1

    Am I the only one who is at least slightly bothered by the fact that google is famous for using thousands of linux machines, and yet orkut runs on active server pages on top of iis? Netcraft says:
    http://orkut.com was running Microsoft-IIS on unknown when last queried at 30-Jun-2004 06:19:37 GMT

    --
    Did you mount a military-grade, variable-focus MASER on an unlicensed artificial intelligence?
    1. Re:asp by Justin205 · · Score: 1

      Look closer. The OS column in the history stats has about even "unknown"s and "Linux"s, and one Solaris 8. It's still Linux, just seemingly running a MS server.

      --
      "Your effort to remain what you are is what limits you."
    2. Re:asp by griffjon · · Score: 1

      Microsoft-IIS on unknown

      If it turns out they're wining IIS on top of some olf Linux box, I'm gonna laugh a lot.

      --
      Returned Peace Corps IT Volunteer
    3. Re:asp by WhiteDragon · · Score: 1

      *sigh* There is thankfully no such thing as IIS for linux. Netcraft has an explanation in their FAQ. The most likely cuplrit is if they are using akamai (which runs linux) to load balance their content.

      --
      Did you mount a military-grade, variable-focus MASER on an unlicensed artificial intelligence?
  31. As they say in the music industry... by evil_one666 · · Score: 1

    "Where there's a hit, there's a writ"

  32. Did anyone else read his last name as Bukkake? by YukiKotetsu · · Score: 0, Troll

    I guess your mind becomes warped when you sell too much pr0n.

  33. and the moral of the story is... by dingbatdr · · Score: 5, Funny

    If you are going to pirate some code from your
    old company and bring it to your new company,
    make sure you debug it before the world sees it.

    dtg

    --
    The truth is an offense, but not a sin.------R. N. Marley
  34. Malicious intent... by ca1v1n · · Score: 4, Informative

    Typically in lawsuits like this, if the act was a willful violation of contract terms and/or copyright, they can get rather substantial penalties beyond actual damages. If Google can show that this programmer introduced this code in spite of their efforts to prevent such things, rather than as a result of encouragement to get it out the door, they may be off the hook for these extra damages (punitive and statutory) though I don't think the programmer has much of a chance at that. Of course, establishing the value of actual damages in a case like this is always difficult as well. Hopefully they'll be able to settle with a licensing agreement that makes everybody mostly happy. Google probably has the resources to rewrite everything, but at this point that's probably not practical.

    I hope this doesn't put too much of a damper on the 20% projects at Google. They keep turning out a lot of really cool stuff because of those, and it would be really unfortunate if liability forced them to micromanage their research.

    1. Re:Malicious intent... by Anonymous Coward · · Score: 0

      Well to determine actual damages someone will have to invite a member of the court to the okurt.com website to investigate.

  35. SCO, a friend of yours? by nsanders · · Score: 1, Troll

    Affinity, meet SCO. SCO, meet Affinity. You have lots in common, you'll get along nicely.

    1. Re:SCO, a friend of yours? by opello · · Score: 1

      maybe SCO was using Affinity's social network, and that's how they met up...

  36. Google social networking by el_munkie · · Score: 1

    With the way gmail accounts are being spread, from friend to friend, could it be that Google has its eye on social networking? I got a gmail account from a dude that got it from a guy that knew the sister of someone who works at Google. By the time people like me get their gmail invitations and invite another slew of friends to join, Google could have a very good idea of who is who's friend.

  37. Well, I'm going to retract Orkut's testamonial... by callipygian-showsyst · · Score: 2, Funny

    ...and I'm going to take away 2 of the three "sexy hearts" and all the little "trusty" icons I gave him!

  38. Lesson by HarveyBirdman · · Score: 1, Redundant

    If you're going to jump ship to another company, and develop a new product using IP from your old company, avoid naming it after yourself.

    --
    --- Ban humanity.
  39. Yeah, one more law suit by KrisCowboy · · Score: 1

    Orkut is by far one of the most popular social networking sites(most popular?). Heck, everyone in my class is on Orkut...and there are few guys who keep Orkut in one of the browser tabs *all the time*. I guess nobody here really cares about the law suit anyway.

  40. Nine unique bugs by joNDoty · · Score: 1

    LOL, so not only did they steal code -- they stole buggy code!

    If there's one thing I learned in school, it's to be careful who you cheat off of ;-)

    1. Re:Nine unique bugs by Anonymous Coward · · Score: 2, Insightful

      This just gave me an idea. How do you compare two programs and figure out if one copied from the other? Simple inspection of the source isn't really good enough. Change some variable names and maybe a few structures, and it'll be pretty hard. After all, it's entirely possible for more than one person to solve the same problem the same way. If both programs work the same way, that doesn't really prove much.

      What if you go the other way though? What if you compare how both programs don't work. Take known defects from one program, and try them on the other. If the defect occurs in both programs, and the cause isn't something trivial like an off-by-one, you've got a much better clue that one program is a copy of the other. Heck, if you track your bugs well, you can probably figure out the exact version and even build that the other program was copied from. Bugs might almost be like fingerprints.

      Anybody need a graduate thesis? ;)

    2. Re:Nine unique bugs by Anonymous Coward · · Score: 1, Interesting
      Change some variable names and maybe a few structures, and it'll be pretty hard.

      HaHaHaHaHaHaHaHaHaHaHaHa... HaHa..
      Heh.. Heh..

      Ok.. sorry I had to get up off the floor.

      Any university program worth its salt has an automatic checker that compiles the source code and looks for similarities in the resulting object files.

      Some of my friends (against my advice) copied portions of code for a homework assignment, renamed the variables and changed the code a little (re-arranging, etc). They were soon reprimanded for sharing source code when the rules for the class prohibited it.

  41. Why so long? by Anonymous Coward · · Score: 0

    Why didn't this accusation surface for months?

  42. unique errors by aapold · · Score: 5, Interesting

    /* I worked for a company that had source code stolen by a former programmer, who went on to produce a very similar product for another company at about half the price. We saw identical functionality, shortcomings, even a case of a same hideously ugly sprite, and after siezing computers gobs of identical source code. Before a judge, they argued that given the same task, identical source code may result. The judge was not a technical judge who listened to arguments on this for about half a year before excusing himself... after a new judge was reassigned I remember we had Plauger lined up to testify on the ridiculousness of this assertion... while examining his copy of the code he also apparently found that identical tasks were producing identical whitespace, thanks to the original programmer's (the guy didn't even limit himself to stealing what he wrote) habit of hitting the spacebar before hitting enter on the end of every line. When this evidence was introduced the other company cut their guy loose and tried to claim ignorance. Not sure what happened there, as by this time it had dragged on long enough that they had to start letting people go, including me, and our company never recovered... */

    --
    "Waste not one watt!" - CZ
    1. Re:unique errors by Jeff+DeMaagd · · Score: 1

      Paragraphs should be your friend.

    2. Re:unique errors by calethix · · Score: 1

      He must have been dumb. Back in high school when my friend copied my source, he at least changed all the variable names and spacing. Too bad he didn't also wait until it was completely debugged. The teacher noticed that our programs had similar enough errors that they were probably copies. The bad part was that he accused me of being the copier.

      By the way, any particular reason your post is between /* and */ ?

    3. Re:unique errors by sbszine · · Score: 1

      By the way, any particular reason your post is between /* and */ ?

      He's making a comment.

      --

      Vino, gyno, and techno -Bruce Sterling

    4. Re:unique errors by calethix · · Score: 1

      I know what comments are. I guess I just didn't catch the funny bit in posting a comment to slashdot as if it were actually a code comment.

    5. Re:unique errors by sbszine · · Score: 1

      It is a fairly bad pun, like most programmer humour. : )

      --

      Vino, gyno, and techno -Bruce Sterling

  43. Sounds like a Marketing Angle to Me! by HBPiper · · Score: 1

    100% Bug Compatible with Orkut! (Or InCircle) What a great feature!
    I never would have thought of bringing my bugs along with me to the new job....

    --
    "I went on a diet, swore off drinking and heavy eating. And in fourteen days, I had lost exactly two weeks. Joe E. Lewis
  44. Orkut needs a complete rewrite anyhow by Ryu2 · · Score: 1

    They are using ASP.net! Not that I'm anti-MS, but that is certainly a departure for a company as Linux-centric as Google, and I'm sure there will be issues that will need to be addressed if Orkut goes
    production" and becomes a part of Google's actual cluster.

    --
    There's 10 types of people in this world, those who understand binary and those who don't.
  45. Re:TAEK BACK TEH SPOKE FROM MICRO$OFT!!~!1` by Anonymous Coward · · Score: 0
  46. Google being open with their code? by WallaceSz · · Score: 1
    Whether or not it's their code, Google's recent announcement that they would release some of their source code indicates that their general philosophy is one of openness.

    Same can be said for their Web APIs and some of the applications like Google Dance Tool and Google Alert that have developed from it.

    While I think this is probably a case of people going after Google's newly deep pockets, it would be interesting if Google planned to release some of this code out into the open.

  47. Pffft.... yeah... by DarkHelmet · · Score: 0
    And I stole Slashster from Friendster, even though one is in PHP and the other in JSP

    *laughs*

    Sorry, but I put a a lot of credit in the people at google.

    --
    /^[A-Z0-9._%+-]+@[A-Z0-9.-]+\.[A-Z]{2,4}$/i
    1. Re:Pffft.... yeah... by mfh · · Score: 1

      > And I stole Slashster from Friendster, even though one is in PHP and the other in JSP

      And you stole Slashster from Slashdot/Slashcode. Tisk, Tisk.

      --
      The dangers of knowledge trigger emotional distress in human beings.
  48. A lawsuit based on telltale bugs? by beef+curtains · · Score: 1, Insightful

    "In its initial investigation, AEI uncovered a total of nine unique software bugs ... in AEI's inCircle product that were also present in Orkut.com,"

    Maybe Orkut didn't steal the code verbatim, maybe he's just a consitently crappy coder (but just in 9 specific situations).

    Telling a developer, "we here at Affinity will miss you, enjoy your new job at Google...but by the way, never build social-circle-yadda-yadda software again because you already built something similar for us" is like telling an automotive designer, "you did great work here at Ford, especially when you designed the new Mustang. But in your new design job at GM, please don't design any sport coupes."
    --
    Just once I'd like someone to call me 'Sir' without adding 'You're making a scene.'
    1. Re:A lawsuit based on telltale bugs? by oneiron · · Score: 1

      Good analogy, but stuff like this isn't really all that uncommon in the business world. The sport coupe example you gave is a little far fetched, but non-compete agreements are the norm in today's business world.

      These types of agreements are common, even, for jobs as seemingly insignificant as a billing clerk at a medical clinic. My wife happens to be a billing clerk for a blossoming emergency medical clinic franchise. The first thing they did after they hired a couple of lawyers to handle the company business is force her to sign a non-compete agreement. In this case and most others, I think, the agreement expires after a year or two.

    2. Re:A lawsuit based on telltale bugs? by tepples · · Score: 1

      but non-compete agreements are the norm in today's business world.

      Are you claiming that if I leave a programming job, I can't work as a programmer for three years and must flip burgers instead?

    3. Re:A lawsuit based on telltale bugs? by oneiron · · Score: 1

      These types of agreements are usually very specific. You can still use your skills. You just can't use them to compete directly with your former employer in a specific way. Of course, if you don't want to sign it...I'm sure the hypothetical company would be happy to let you look for another job.

  49. If you're gonna do something illegal... by labratuk · · Score: 1

    ...don't put your name over the door!

    --
    Malike Bamiyi wanted my assistance.
  50. Danger! by Amorpheus_MMS · · Score: 1

    Affinity Engines should brace themselves for the incoming lawsuit regarding SCO's business model.

  51. Just so I'm clear...A Bug-gy lock by Anonymous Coward · · Score: 0

    Actually I see programmers doing this deliberately in order to twarft code copying.

  52. Not possible. by SmurfButcher+Bob · · Score: 2, Funny

    Clearly, Microsoft and SCO have both stated that closed, proprietary code *cannot* be stolen unless the stolen code ends up being GPLed. They've pretty much demanded that theft of closed, proprietary code for the purposes of being included into other closed, proprietary code *cannot*, *does not*, and *will not* happen.

    So, bull@*#. No code could have been stolen. To suggest otherwise... why, it'd be chaos! Proprietary vendors stealing code?! It cannot be! Think of the implications! It cannot be!!

    --

    help me i've cloned myself and can't remember which one I am

  53. Invites by mfh · · Score: 1, Interesting

    I wonder if the invite system used in Gmail was covered under this agreement. Mainly because Orkut operates with the same system as Gmail for bringing people into the community. Also, I think that bugs could be replicated due to programmer style. I'm a coder and source code is like a fingerprint, and mistakes could be repeated even with a total rewrite. And a total rewrite would likely be okay under this agreement. IANAL, but I read that non-competition agreements are *rarely* upheld in court because there usually exists some kind of unjust terms in there that lets everyone off the hook. My guess is that the plaintiff will have to prove Orkut took the exact code and used the exact code. They won't get much if he borrowed tidbits here and there, because he could claim that it was merely procedures linked to his style of coding, not the original code. Furthermore, the Orkut code has likely branched off enough to make the plaintiff's case extremely difficult.

    --
    The dangers of knowledge trigger emotional distress in human beings.
  54. My knee-jerk reaction... by Mitleid · · Score: 3, Insightful

    Personally, I'm pretty impressed with the slashdot crowd in regards to this article. I don't mean this to be a condescending attack on readers of slashdot or anything (which would obviously include myself...a registered user, for fuck's sake...) but moreso that I'm refreshed to see a challenge of intellectual property actually being taken seriously. Before reading any of the comments, I expected to see a whole ton of "...Here we go again, another SCO bidness model rears it's ugly head..." but instead I'm treated to some pretty funny comments regarding the fact that this Orkut fellow not only allegedly copied/stole code, but BUGGY code at that. Too rich...

    In an age where too many companies are in fact taking the SCO litigation route to build an income stream, it's just nice to see that not all open source supporters/nerds initially take every single IP challenge as a platform for another string of nasty lawsuits. The only drawback, of course, is the potential for the courts to start adopting a boy who cries wolf mentality when observing IP cases, as we all know this kind of stuff happens all the time to people who've worked hard and end up getting the shaft. It's just a damn shame that as of late, larger organizations have made IP litigation out to be a fucking joke, and now real cases are more likely to get dismissed or brushed aside...

    --

    --
    Is it me, or did it just get fatter in here?
    1. Re:My knee-jerk reaction... by roman_mir · · Score: 0, Troll

      Here we go again, another SCO bidness model rears it's ugly head! F*ck IP! :)

    2. Re:My knee-jerk reaction... by roman_mir · · Score: 2, Funny

      Crack-head moderator out of context.

  55. Funny by Sebby · · Score: 0, Troll
    If it was Microsoft in the hot sear, everyone would be calling for a lawsuit against them and not 'just' against the developer

    --

    AC comments get piped to /dev/null
    1. Re:Funny by Anonymous Coward · · Score: 0

      If it was Microsoft, I would probably assume Bill Gates was purposely stealing the code. Microsoft has done it many times in the past, they earned the reputation they have.

  56. Probability of producing the same bugs %80 by dilvish_the_damned · · Score: 1

    Or maybe the bugs are unique to to any code that Buyukkokten produces. Happens all the time.
    But really, he probably stole it.
    This also happens all the time.

    --
    I think you underestimate just how much I just dont care.
  57. Re:I'm a Bush Republican! (A poem) by Anonymous Coward · · Score: 0

    Your an idiot!

  58. With only 600k members, it can't cope??? by Anonymous Coward · · Score: 0

    In South Korea (the world's most wired country), several social networking services with members well over 5 millions are just humming (instead of creeping to a slow death). They are a lot more feature-rich than Orkut

    1. Re:With only 600k members, it can't cope??? by Richthofen80 · · Score: 1

      poorly managed databases, not the ASP.NET, are probably what's bringing it down. Or really poorly written SQL calls.

      You know, the sloppy stuff, like right outer joining half of the most contented tables in the database... never deleting rows from databases. Cross Joining due to laziness. poorly managed indexes. seen it all.

      --
      Reason, free market capitalism, and individualism
  59. Re:First Post! by Anonymous Coward · · Score: 0

    I humbly submit;
    you fail it.

  60. Other things that a neutral party might find by Anonymous Coward · · Score: 1, Interesting

    Let's get real here. It is completely possible that source code was stolen. However, it is equally possible that an expert in the problem domain produced a similar design that contained several design flaws that were common to both products. Bugs come from lots of sources. Not all of them are because the code doesn't behave as designed.

    If you give me a bad design, I can put the same design flaws into a C# implementation running on Windows and a C++ implementation running on Linux. The code, language, libraries and OS can all be different, and some of the bugs can still be the same.

    1. Re:Other things that a neutral party might find by tekunokurato · · Score: 1

      He still signed a non-compete agreement. The real issue is whether or not the courts will uphold that (being that Cali courts don't, generally speaking).

  61. Boy is He-Man gonna be pissed by Marshall+Banana,+Esq · · Score: 1, Funny

    Google stole Orko??

    Oh, Orkut... never mind :)

  62. Unique bugs? by Anonymous Coward · · Score: 0

    But if they're showing up in Orkut, then they're not unique anymore, now, are they?

  63. Isn't that just Google's claim? by underpar · · Score: 2, Interesting

    Google is saying Affinity refused. That doesn't make it so. They have an IPO to think about. We should make sure it's all true before we use the "s" word.

  64. On those bugs... by Mia'cova · · Score: 3, Interesting

    I'd like to see some 3rd party verification on those bugs. For example, were they actually present when this developer changed sides? When did they crop up in Google's code? Of course, the way some people define a "bug" they could be claiming there are nine similar UI concerns. We really need to see a list of exactly what these bugs are before any of us can decide on the likelihood of possible causes.

    I wouldn't be surprised if this turns out to be a SCO-style lawsuit. They'd better be careful though because if they publicize this much, Google will counter-sue for damages when their claims fall apart.

    On the other hand, if code has been illegally copied than this guy AND Google should lose some real respect. I honestly don't believe no one else at the company knows what this guy is doing. They should all be in very close contact. Large chunks of copied code would probably be noticed... maybe not though. Either way, they'll both take heat.

  65. That presumes... by Svartalf · · Score: 1

    ...that they are. If Infinity was telling the truth and believed the stuff they're saying, it'd do no harm to have a neutral third party assess the codebases. Refusing's not looking good on their part, if you ask me- it's not good faith like they're claiming they're trying to work under here.

    I'm not saying I believe that Google's not guilty, either- I'm just saying there's some questionable business going on here and some of the out in the open questionableness is coming from Affinity as well as Google.

    Seems to me, unless Orkut signed a non-compete, Affinity has no leg to stand on with regards to that route. Unless the code is close to identical or identical (and bugs can be DESIGN related as well as code related, mind...) then they have no leg to stand on in that arena either.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  66. I now post stories to my Journal here.. by farrellj · · Score: 1

    I got tired of them rejecting my stories, only to see them appear a few days later. So on my journal here in Slashdot, I post stories that I would previously have submitted to Slashdot.

    You can read it at:

    http://slashdot.org/~farrellj/journal

    ttyl
    Farrell

    --
    CAN-CON 2019 - Ottawa's only book oriented Science Fiction Convention! October 18-20, Sheraton Hotel, Ottawa, Canada h
  67. And the article says... by Preposterous+Coward · · Score: 1

    "He [Orkut] continued to work on inCircle, however, and signed agreements in 2002 and 2003 stating that any social networking technology he created belonged to Affinity Engines, the company said....'In July 2003, based on oral statements and written assurances from ... Buyukkokten, AEI was led to believe that Buyukkokten was not involved in any software development efforts related to social networking at Google,'"

    --

    "Biped! Good cranial development. Evidently considerable human ancestry."
  68. Copyright: Who is the owner? by LightSail · · Score: 1

    Did Buyukkokten write any of the code before he co-found Affinity Engines? He owns copyright to previous work unless they were transfered with correct documentation. He wrote social network code before helping form Affinity Engines.

    Did he re-use his own code for Affinity Engines? He may have cause against Affinity Engines for infringing on his copyright.

    Did Affinity Engines have a bullet-proof contract that made his code work for hire? As co-founder, this detail may not have been done to the level needed to convey copyright to prior code that was re-used.

    Did he re-use concepts not code? He easily could have improved on his previous work, writing better cleaner code.

    Does the parts of code that he re-used come from common algorisms? He may have made significant changes to the structure of his code while writing simple functions virtually the same. Common lines of code are not infringement when they impliment well known functions.
    His re-use of common algorisms might lead to the "bugs" that were found.

    IANAL-- but i read Groklaw.

  69. Don't shoot me, but by I+don't+want+to+spen · · Score: 1

    ... all your bugs are belong to us ...

    --
    Don't go to a brothel if you want to buy broth
  70. another scam exposed! by scaaven · · Score: 3, Funny
    step 1: write some kick-ass code

    step 2: get a covert programmer to join a successful company. Have him insert your code.

    step 3: accuse successful company of stealing and sue them.

    step 4: get a big settlement, and make your covert programmer "dissapear" to silence him.

    and repeat. watch out Orkut

    --
    I know I'm going to be modded up on this
  71. Re:TAEK BACK TEH SPOKE FROM MICRO$OFT!!~!1` by hotbutteredhtml · · Score: 0, Troll

    No kidding, but the footer may lend a clue as to why:
    "© Copyright 2004 Microsoft Corporation. All Rights Reserved. 1 017 Machine: 36 "

    --
    how 'bout I give you the finger....and you give me my phone call.
  72. CA law protects Orkut w.r.t. developing for Google by tstoneman · · Score: 3, Informative

    In California, you can't prevent someone from moving around to competing companies in their field of work. Even if Buyukkokten signed 100 agreements saying he wouldn't develop another social networking product for another company, the contract is deemed invalid under California law.

    What he can't do is reveal trade secrets to the new company, or if it is reasonable to expect that he will divulge such secrets in the normal course of his work.

    So the fact that he signed agreements saying that he wouldn't create a competing product is 100% baseless. He can do this, even if he agreed not to.

    It is up to him to ensure that he didn't steal any code or use trade secrets from AE in his work at Google, and an independent source code review would reveal this. If he did steal code, then he's up shit creek. If he didn't, then the whole thing is just to extract money.

    I'm pretty sure that Google would have already gone through the due diligence to ask this guy if he did steal the code. He would be **really** stupid to deny it if he did because so much is on the line. I think if it has gone this far, Google is fairly confident that the code was new work.

    I bet AE is delaying the neutral code review in hopes that Google will just pay them money to go away before their IPO.

  73. orkut / google business partners -- claims silly by unics · · Score: 1, Interesting

    apparently on their website...

    "in affiliation with Google"

    So, what's the big deal? Two companies that work together to achieve a goal...then one sues the other?

  74. The fools. by RedA$$edMonkey · · Score: 0

    They should have waited until after google IPOs. cha-ching!

  75. Got a link? by Perianwyr+Stormcrow · · Score: 1

    Sounds like something that would be thrown out.

    --

    What we call folk wisdom is often no more than a kind of expedient stupidity.-Edward Abbey

  76. AEI Better shut up... by drdreff · · Score: 4, Funny

    If their product runs on UNIX, they're code belongs to SCO. They obviously did a terrible job of prtecting SCO's IP when they allowed Orkut to leave the company with his memory intact. Expect Darl to sue AEI in the next week and Google the next. Just for kicks I'll bet the sue Friendster for "Incitement to commit IP theft"

    --
    As seen on Wired: Get a free desktop PC
  77. IP theft in proprietary code, is this possible? by wardk · · Score: 3, Funny

    my understanding (which for the purpose of this post is derived solely from the spew of Darl McShitbag) is that IP theft is an Open source issue, and the big benefit of proprietary code is that it's all clean.

    So I just refuse to believe otherwise. this has to be a hoax. someone contact snopes immediately.

  78. Re:I'm a Bush Republican! (A poem) by Anonymous Coward · · Score: 0

    How ironic that the person calling someone an idiot is the one who can't even get his own grammar straight?

    I also find it interesting that the poem actually contained a valid (and accurate) message while you just had a knee-jerk factless reply.

  79. Nuisance suit. by mratitude · · Score: 4, Interesting

    I'd almost bet my next paycheck that this is a nuisance suit brought on by a sore loser. As has been pointed out, a prior employer can't ask you to commit to "not compete".

    In addition to that, a lot of people learned a lot of hard ball during the tech explosion of the 80's. I don't know a software engineer or a programmer today that doesn't read employment agreements thoroughly and know to not commit to certain language in certain agreements, even if they're unenforceable on their face. You're better off not signing it and not allowing lawyer "interpretation" afterwards.

    I can't imagine a Ph.D being dumb enough to sign anything that would give these folks a reason to sue. Either that or he *did* take IP with him when he left.

    --


    Mod me troll, if you must, I can't help it.
  80. Dude, this by xant · · Score: 2, Funny

    is slashdot. Everyone knows what bukkakke means.

    --
    It's rare that you're presented with a knob whose only two positions are Make History and Flee Your Glorious Destiny.
  81. Intellectual Property... by GAMMAH_DJ · · Score: 0, Flamebait

    ... does NOT EXIST.

  82. So that's where the name came from by Frantactical+Fruke · · Score: 5, Interesting

    I was so sure it was written by a Finn that I didn't bother checking.

    You see, 'orkut' is colloquial Finnish for 'orgasms', which seemed both appropriate and something a Finnish nerd would come up with to describe social interaction.

    The power of wishful thinking...

    1. Re:So that's where the name came from by Anonymous Coward · · Score: 0

      Hey, not as if you Finns have a monopoly on nerd-projects-gone-to-court! :-)

    2. Re:So that's where the name came from by Anonymous Coward · · Score: 0

      Hmm, and in Dutch, it is surprisingly similar to 'Oh Kut!', which means 'Oh Shit!' (and actually makes a semi-unintended reference to a private body part in proximity to but unlike the part referred to in the english translation).

      So what is it? Google having an orgasm, or quite the opposite but with sexual reference?

  83. good! by mr_burns · · Score: 1

    Maybe now they'll have incentive to dump this buggy heap of ASP and write somthing in a language that doesn't suck giant donkey balls.

    --
    "Let him go, Ralph. He knows what he's doing." --Otto Mann (simpsons)
  84. Actually by SuperKendall · · Score: 2, Funny

    I'd really like to meet that 0.297th person. They must be really skinny, or maybe really short.

    The last perspn to sign on was a manager - that's the percentage of humanity left.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  85. I think that nothing bad has been done here... by LordZardoz · · Score: 1

    non competes are often stupid. They should be able to prevent you from exploiting something that existed before you were hired that you learned of during your employment. IE: You should not be allowed to walk out with the business plan and trade secrets.

    But they should not prevent you from exploiting basic skills and methods you learn through work. And they absolutely should not prevent you from exploiting something you bloody well were hired to create.

    END COMMUNICATION

  86. Comment removed by account_deleted · · Score: 3, Funny

    Comment removed based on user account deletion

  87. Here's the list of the 9 bugs! by callipygian-showsyst · · Score: 5, Funny
    I just got the list of the 9 bugs found in Orkut that prove it was a copy:

    • Those 18-year-old cheerleaders are really 45-year-old fat, bald men!
    • There's a member named J*sus Chr*st that's not actually the son of G-d
    • It's PAINFULLY SLOW
    • The forums are lame
    • There's only one person named "Robert" in the community "People Named 'Robert'"
    • You can be friends with *both* John Kerry and George Bush
    • Half of the users speak in unintelligible "foreign" languages instead of English
    • Kevin Rosewon't approve any friend requests.
    • The scrapbooks fill up with crap.

    Obviously, this list of bugs proves Orkut copied his code!

  88. Another One For the Band Wagon by Pizentios · · Score: 1, Interesting

    That's right folks. Another one for the band wagon. It's seeming more and more like companies don't think they can make any money without suing sombody for stealing their source code. Who all here thinks that the next company that doesn't have a realistic claim should have their ceo's or who ever had the thought to start the legal battle cained and pissed on. Then set a flame. I am getting sick of hearing about this shit. Arn't you guys?

    --
    -Pizentios
  89. First Rule of Litigation: by cnctvfs · · Score: 1, Interesting

    Find a solvent defendant. Obviously, they're going to go after the defendant who has the most money. Employers are generally not responsible for the torts of their employees if they took "reasonable" care in the hiring process. In order to prove their case, the plantiffs would need to point to a violation of stautory standing, or prove that defendants purposely or knowingly used the code despite knowing it was stolen.

  90. corporate entity by Doc+Ruby · · Score: 1

    This is emblematic of the kind of stupid Anonymous splatterpost Coward remarks littering Slashdot. If Google were in, say, the machine gun business, and an employee went bonkers and shot up a public place with a Google gun, there would be probable cause to investigate Google's other employees, to find whether a manager somehow instructed their employee to "shoot the place up", or even "go ahead, bonkers employee, take one of our guns out to the mall for practice". Orkut is a programmer, Google makes programs, including the Orkut "beta" website. Their management authority makes them potentially liable for abuse by those they manage, in the capacity in which they manage them.

    --

    --
    make install -not war

    1. Re:corporate entity by orangesquid · · Score: 1

      I think the analogy is still flawed, even with your correction.

      Google is a service company. It sells advertising space and premium services. It offers (free as in beer) other services in exchange for brand recognition and advertisements.

      A machine gun company sells machine guns. End of story.

      It will all come down to the contracts Orkut signed. Most companies make their employees sign contracts like: Don't steal code from us (we might sue), don't steal code from former employers and use it in our products/services (we will hold you responsible for damages). If the second clause was present in Orkut's contract at Google, then, sure, Google may be viewed as responsible and possibly also negligent by the other company, but they'll just forward all their bills to Orkut, and be done with it.

      I wouldn't want to be Orkut right now.

      --
      --TheOrangeSquid Is it any wonder things seem so awry? We swim in a sea of confusion and don't have to think to survive
  91. corporate faith by Doc+Ruby · · Score: 2, Insightful

    Ripping off code to get to market faster isn't stupid - when you don't get caught. Keeping an angelic image generates "goodwill", which generates faith in corporate actions, which helps corporate decisionmakers to avoid getting caught.

    --

    --
    make install -not war

  92. Pentium arithmetics? by Anonymous Coward · · Score: 0
    Maybe their server has the original Intel Pentium CPU that has that nice floating point arithmetics feature?

    Ok ok; do I take the cake for the "oldest joke in town"? Or do I have to add more cow bell?

  93. how they calculate by commodoresloat · · Score: 1

    Orkut asks for your occupation in their questionnaire. Lawyers are counted as .1485 of a person.

  94. Actually by commodoresloat · · Score: 1

    it's 2 people; worth .1485 apiece.

  95. Re:CA law protects Orkut w.r.t. developing for Goo by geekoid · · Score: 1

    soooo you work in Googles HR dept.? otherwise I find it difficult to understand why you are pretty sure they did due diligence.

    Oh wait, It's google.
    Sorry, I forgot we are supposed to act like the three monkeys when it comes to Google.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  96. It's a Solaris router in front of a Windows server by tepples · · Score: 1

    Usually, Netcraft results implying an HTTP server on an incompatible OS are the result of an IP- or TCP-level router running the given OS (here Solaris) in front of another machine running a different OS and the given HTTP server (here IIS on Windows).

  97. Which brings us to the real issue: by Anonymous Coward · · Score: 0

    > I'd really like to meet that 0.297th person. They must be really skinny, or maybe really short.

    Ok, the guy used 100.000 to mean a hundred thousand people. You Americans use commas, as in 100,000.

    When will you change to our superior notation?

    1. Re:Which brings us to the real issue: by Fnkmaster · · Score: 1

      Hate to tell you, but over here the decimal point (period) is used to separate the ones from the tenths place. This is semantically distinct from using it in the thousands separators, so we require a different character to clearly differentiate. Thus, the comma. If you have a clearly superior system, then explain it - our system lacks ambiguity and is quite clear. What's wrong with it?

    2. Re:Which brings us to the real issue: by Anonymous Coward · · Score: 0

      Which more accurately describes dividing a number for ease of reading?

      Comma:
      1 : a punctuation mark , used especially as a mark of separation within the sentence
      2 : PAUSE, INTERVAL

      Period:
      1 : the completion of a cycle, a series of events, or a single action : CONCLUSION
      2 a (1) : an utterance from one full stop to another : SENTENCE (2) : a well-proportioned sentence of several clauses (3) : PERIODIC SENTENCE b : a musical structure or melodic section usually composed of two or more contrasting or complementary phrases and ending with a cadence

  98. Software is not exactly analogous to tools. by TigerNut · · Score: 1

    Depends on if the carpenter is bringing the hammer, or a couple of the rooms that he previously built. The analogy of "code = tools" breaks down pretty quickly when you start applying it to function libraries that you first designed and implemented specifically to meet your previous employer's requirements.

    --

    Less is more.

    1. Re:Software is not exactly analogous to tools. by elhaf · · Score: 1

      Yes, although it is easier to bring a couple of libraries of general functions (like, say, matrix multiply or something) than to bring anything more specific. The more room-like, the less portable. Not that I've ever done any of that, of course =) The good news is, most useful libraries of general functions are available free on the net anyway (GSM encoding, compression, matrix stuff, plug-in text editors, tiff readers, corba, etc).

      --
      Six score characters.
      Brevity being wit's soul
      I have enough space.
  99. Re:why would a neutral party examine? by pedantic+bore · · Score: 1
    No, it's just common sense. Whether or not the neutral third party opines that the code was not stolen from Affinity has no legal meaning unless the two parties agree ahead of time to binding arbitration, which Google does not appear to be. So all that this would accomplish is to buy time for Orkut (or someone else) to rewrite the code so that if this suit ever goes to trial they can trot out the new code and show that it's different (although being bug-compatible is harder than it sounds).

    Affinity dropped the ball by waiting so long. Their case would have been a lot stronger if they'd made a stink as soon as they'd learned about orkut.com. That would have let Google settle this before it gained visibility.

    --
    Am I part of the core demographic for Swedish Fish?
  100. Promised? by Anonymous Coward · · Score: 1, Funny

    Heh, like I promised to call her the next day.

  101. Re:CA law protects Orkut w.r.t. developing for Goo by Anonymous Coward · · Score: 0

    any large company should have done their DD before issuing a statement... if they didnt, then they are stupid and could get themselves into more hot water if they are wrong.... google has a lot to lose if they are wrong about this, so why wouldn't they? most companies do not react in a knee-jerk fashion

  102. Steps to success! by bill_kress · · Score: 2, Insightful

    If your stupid Friendster imitation doesn't work just follow these easy steps to success:

    1) Have a VP quit and go to google.
    2) The vp "Reimplements" the app with some core code.
    3) The rest of the team at google makes the crap actually run.
    4) Put it out and lay low while the Google name rubs off on it.
    5) Sue google and get your source back along with a few bucks.
    6) Google fires employee
    7) re-hire employee as CEO

  103. Contract requires an exchange of consideration by Anonymous Coward · · Score: 0

    A valid contract requires an exchange of suitable consideration by the parties involved. It is not sufficient, for instance for me to promise to give you a million dollars. That does not constitute a contract.

    If Orkut was indentured to work at Affinity Networks and he was released early in exchange for him not to compete, then it forms a basis of a contract.

  104. I'd do the same thing if I was AE by xutopia · · Score: 1

    cause I wouldn't want anyone to use my bugs for free!

  105. Now this explains a ton of stuff by sethstorm · · Score: 1

    Well, this should explain why Orkut's been hiding behind the invite only model, they'd not want people to find out that this was going on. They just wanted a bunch of clueless rich East/West Coast kids to be on the network.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
  106. Promises Promises by Anonymous Coward · · Score: 0

    The guy "promised" not to create a competing product? Or did he sign a legal non-compete contract?

    BIG difference.

  107. Same person, same mistakes? by Lewis+Daggart · · Score: 1

    I was taking a coding class one year, and I noticed something interesting. Not only does everyone make mistakes, but everyone makes their own kind of mistake. For instance, when I screw up, its typically things like missing semi-colons or broken loops, things that are pretty obvious when double checking. However,when Greg screwed up, it was almost always a typo. I also noticed that different people have different styles of coding that they're comfortable with. To stick with the same example, I'd use loops far to often, while Greg would burry himself in arrays for just about everything. So, what I'm asking here is simply, if this man was hired to do something similar to what he did at his previous company, isn't it likely that he'd produce similar code and similar bugs, even if he didn't copy it? Again, I'm hardly proficciant, so I really wouldn't know.

  108. Re:The only thing I took away from that article... by Anonymous Coward · · Score: 0

    Oh Kut!

  109. Wow by aussie_a · · Score: 1

    If you don't know the intracies of the Euorpean numerical system you have blinders on your eyes. How Insightful.

    1. Re:Wow by DunbarTheInept · · Score: 1

      Was this an attempt at sarcasm? It failed. To be sarcasm you have to exaggerate, instead of saying reasonable, true things.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    2. Re:Wow by aussie_a · · Score: 1

      Was that an attempt at sarcasm? If so you failed.

      Not knowing the details of how the European numerical system works isn't being blind to the rest of the world. Believe it or not, the European numerical standards (the use of decimal points and commas) isn't common knowledge outside of Europe. To believe otherwise is to be elitist.

    3. Re:Wow by DunbarTheInept · · Score: 1

      It isn't common knowlege *because* of the aforementioned blinders. Something that simple and basic is something we expect everyone else to know about us, but we don't bother learning about them.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  110. Google should scrap orkut and by Slashdot by mattr · · Score: 1

    from VA or whomever owns it now.. OSDL?

    I've checked out Orkut and I think I have an account there too, not that I remember ever wanting to go back into it after a couple times. Could be just me, I wasn't drawn in like I am to Slashdot, for what - years now?

    Orkut felt nice, it just wasn't compelling at the time. Maybe it is more so now. Maybe they will make something new.

  111. Re:you might have a point.... by chrwei · · Score: 1

    ...if the MS developer in question was a co-founder of Netscape or Opera or something. I think this isn't compairable, from Google's POV he wrote the code in the first place, so unless there's a signed non-compete/transfer-of-copyright agreement between Orkut and his former partners that was previously made accessable to Google then how is Google supposed to know?

    --
    - Disclaimer: Information in this post deemed reliable but not guaranteed.
  112. play nicely children by Anonymous Coward · · Score: 0

    Why do so many people on here feel obliged to end every post with a clumsy insult? Even this right-on asshole.

    1. Re:play nicely children by DunbarTheInept · · Score: 1

      Sometimes it is impossible to be simultaneously honest and polite, as in this example. When that happens, I chose to have honesty win out over politeness.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  113. grammer nazi's by Genza · · Score: 0

    If their product runs on UNIX, they're code belongs to SCO.
    Well, you're half right.

    1. Re:grammer nazi's by drdreff · · Score: 1

      whoops. Thanks for the catch. one of those thought track midstream directional change things.

      --
      As seen on Wired: Get a free desktop PC