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Oracle Fights EpicRealm Patents

An anonymous reader writes "Oracle is now fighting EpicRealm's web patents after Safelite settled with EpicRealm, then asked Oracle to pay, as per their software license agreement. EpicRealm's patents are vague and 'describe a technique where a web site updates only part of a website instead of having to rebuild the entire page. That may look a lot like DHTML, but apparently it isn't the same.'"

56 comments

  1. but...but by gargletheape · · Score: 5, Funny

    But I patented a technique whereby companies with names starting with 'O' sue companies whose names start with 'E' over patents that are bullshit.

    Send me 10,000 moneys now!

  2. /, does it, too by KiloByte · · Score: 1

    Beh, even the new DHTML Slashdot's interface does the same, whenever you expand any comments that are below your threshold.

    Not to mention a crapload of other pages.

    --
    The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
  3. The true problem with patents by Opportunist · · Score: 3, Insightful

    If something is to be patented that has been around a long time and it STILL gets patented, it usually means the patent clerk has no idea what he's doing. That doesn't surprise, even though they tend to be experts in their field, it is impossible to keep up with the development in the field of computer science.

    Now, of course he knows all relevant patents (or, rather, he is able to look them up). But not everything in this field is patented, and "prior art" is usually not decades old and well known, more often than not you have prior art that's only a few years or months old, hardly known and far from penetrating the market, before someone comes up with the bright idea to file a patent for something that does roughly the same (without, of course, mentioning the general name of the non patented prior art). And there you go. A patent for something you didn't do anything for.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:The true problem with patents by tomstdenis · · Score: 4, Insightful

      Solution, don't allow blue button patents.

      Chances are if you tack "on the internet" to your patent claim it isn't original or non-obvious. A method of only updating part of a page? You mean like an IFRAME, Javascript and the DOM? Not exactly "new". I did a web programming class on it in 2001.

      You'd think though, with the thousands of patents filed daily that we'd have flying cars, microwaves that you can put forks in, better televisions, magic food pills, etc...

      Instead we have gas guzzling cars that will end society, microwaves using decades old technology, TV incompatibilities up the wazoo and fake sugar pills sold on SpikeTV at 2am. /sad

      Tom

      --
      Someday, I'll have a real sig.
    2. Re:The true problem with patents by achacha · · Score: 2, Insightful

      HTML frames let you update part of the page back in the early 90s. I am glad Oracle is attempting to fight this, bottom line is the greatest obstacle to productivity and innovation is, irnically, the patent office.

    3. Re:The true problem with patents by 91degrees · · Score: 2, Insightful

      A method of only updating part of a page? You mean like an IFRAME, Javascript and the DOM? Not exactly "new". I did a web programming class on it in 2001.

      They're not patenting only updating part of a webpage. They're patenting a method of only updating part of a webpage. Iframes, Javascript and DOM are 3 completely different methods, and had they not already been used, would have been eligible for separate patents. They (presumably) have a fourth, which may well be original and non-obvious.

    4. Re:The true problem with patents by indifferent+children · · Score: 4, Funny
      They (presumably) have a fourth, which may well be original and non-obvious.

      Yes, updating part of a web page using JavaScript on the Internet! .

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    5. Re:The true problem with patents by Anonymous Coward · · Score: 0

      hey, at least you have microwaves using decades old technology.

      I moved to Finland, I'm pretty sure most microwaves I can buy new in stores use knobs for timers, don't turn off when you open the door and have never heard of a 'popcorn' button - something that was available probably two decades ago in the States.

    6. Re:The true problem with patents by Opportunist · · Score: 1

      I got this gut feeling that "on the Internet" becomes the geek version of the "in bed" joke for fortune cookies...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    7. Re:The true problem with patents by Anonymous Coward · · Score: 1, Interesting
      have flying cars,

      They're called "airplanes", they were invented in 1903

      microwaves that you can put forks in

      I don't know why you'd want to put a fork in a microwave, but microwavable forks have been around since before microwave ovens. They're called "plastic".

      better televisions
      Mine is 42 inches diagonal and with a flat screen and a remote control. Lots better than the one I bought in 1977, 27 inches (the biggest they had) curved screen w/ no remote.

      magic food pills
      Huh? What's that? I take a vitamin pill every morning to make up for the lack of vitamins in the grocery food. Izzat what you mean?

      etc...

      You mean Star Trek tech like automatically opening doors; CD players; DVDs; VCRs; cell phones; eye implants that cure nearsightness, farsightedss, cataracts, and astigmatism; heart stents; pacemakers; portable defriblators; roomba; robot lawnmowers; space ship one... 'nuff?

      Instead we have gas guzzling cars

      Which don't guzzle near the gas they did when they had carburators and distributors, and don't spew lead fumes. We also have hybrids now.

      Microwaves using decades old technology

      My mom's first microwave had a knob (how quaint), while mine has a popcorn button, a beverage button, an "add thirty seconds" button, and a turntable.

      TV incompatibilities up the wazoo

      I have no idea WTF you're referring to; my TV works with cable, it works with a rabbit ear, and there aren't any signals it won't decode.

      ...and fake sugar pills sold on SpikeTV at 2am.

      How young are you, son? Five? You act like you've never seen any innovation in your life.

    8. Re:The true problem with patents by Shadowlore · · Score: 1

      You'd think though, with the thousands of patents filed daily that we'd have flying cars, microwaves that you can put forks in, better televisions, magic food pills, etc...

      Instead we have gas guzzling cars that will end society, microwaves using decades old technology, TV incompatibilities up the wazoo and fake sugar pills sold on SpikeTV at 2am.


      "gas guzzling cars..." => Today's cars are loads more efficient than decades ago. They have more bloat - AC, DVD Systems, power seats, heated seats, a hundred pounds of sound deadener, etc. which holds them back.

      "microwaves that you can put a fork in..." => My micro is several years old. It browns burgers, makes toast, and I can leave the fork in the microwave depending on what I am cooking. I often leave the spoon in the hot cocoa as I nuke it. No problems.

      "better televisions" => oh they are better. Incompatibilities are irrelevant to "better" televisions.

      "magic food pills" => First, we've found they are not that appealing. Second "magic food pill" == "sugar pill". We call them "placebos". Fake sugar pills aren't sold on TV. But fake sugar is sold in stores.

      Now how about getting off your butt and start inventing *useful* things yourself. If we all wait around for someone else to do it, it will never happen.

      --
      My Suburban burns less gasoline than your Prius.
  4. The real problem by Umbral+Blot · · Score: 3, Interesting

    I guess it's good that the big boys are fighting it out, maybe the patent trolls will lose this time. However this doesn't fix the real problem with the patent system. And no the real problem is not that you can get a patent for anything. The real problem is that it is too costly to defend against an illegitimate claim. If you could defend yourself cheaply against these stupid patents then it wouldn't matter if they were granted, you could just swat them away without blinking.

    1. Re:The real problem by donaldm · · Score: 3, Insightful

      Every time I have looked at a patent my eyes glaze over since it is written in legalese which IMHO is nearly incomprehensible or just plain stupid to the professional engineer. Of course the reverse applies as well.

      So here we have patent lawyers writing an application for a patent that they most likely don't have a clue about and on other the other side we have people who have the scientific knowledge that cannot understand the legalese. Now waiting in the wings are the patent trolls who don't care so long as the patent has some vague scientific facts that they can use to make a quick dollar because the people they sue cannot afford to fight the patent.

      I hope Oracle forces a revamp of the patent system but I won't hold my breath.

      --
      There ain't no such thing as proprietary standards only proprietary formats. Standards are by definition open.
    2. Re:The real problem by Serveert · · Score: 4, Interesting

      Just wait until Intellectual Ventures(IV) starts suing. Keep in mind Google and others have 'paid off' this patent troll. We shall see what everyone's truly made of when IV goes on a suing rampage. Worst case, IV sues people for obvious patents they bought, google and others get off scott free, the rest of us must pay bribe money to IV. Best case, IV goes down in flames, but I don't see that as happening, the founder nrrhrnrh or whatver his name is will not go down without a fight. He thinks he's not a patent troll, but others who are against him "hate intellectual property." Reminds me of people who "hate america" because they don't agree with you.

      --
      2 years and no mod points. Join reddit. Because openness is good.
    3. Re:The real problem by Homology · · Score: 1, Insightful

      > Reminds me of people who "hate america" because they don't agree with you.

      There are those innocent children and women that do not agree you to be bombed....

    4. Re:The real problem by tomjen · · Score: 2, Insightful

      True, but if a company is know for draking every patent through the entire court system and never negotiate then the patent trolls are more likely to sue somebody else. So even if it cost more a blank "we do not engotiate with terroists" could be cheaper in the long run.

      --
      Freedom or George Bush
    5. Re:The real problem by blueskies · · Score: 1

      Well that's good. I like it when people do not agree with bombing me.

    6. Re:The real problem by Eccles · · Score: 1

      That's not what the original poster meant. He was talking about American people who, when other Americans criticize Bush/Cheney/Iraq policy/Gitmo et al, accuse them of hating America. Ann Coulter comes to mind.

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    7. Re:The real problem by Anonymous Coward · · Score: 0

      There are those innocent children and women that do not agree you to be bombed....

      If they agreed to be bombed I would wonder about their sanity.

    8. Re:The real problem by Homology · · Score: 1

      Ah, my misunderstanding then. Thanks.

    9. Re:The real problem by mlemley · · Score: 1

      IV may never file a patent lawsuit. IBM almost never does, because it's portfolio is so big that everyone settles with them. You may be able to invalidate several of their patents, but you'll never get them all. IV may accumulate enough patents to follow IBM's strategy.

  5. Shows why indemnification is bad for open source.. by Homology · · Score: 4, Insightful
    From the article:

    Safelite allowed itself to be scared into settling, but not before the company looked at its software license agreement and saw that Oracle promised to indemnify the company against these claims.

    This show why indemnification clauses is bad for open source projects. So including something like Postfix into a Linux distro or a *BSD may very well open you up for litigation in the future under certain conditions.

  6. EU software patents now back from the Pet Sematary by Anonymous Coward · · Score: 4, Informative

    The Commission seems to have made its favorite dead cat return from the grave (where Parliament overwhelmingly sent it just months ago) this week:
    See recent links to key articles on Slashdot, as well as the latest attempts to spin the issue uncovered (alleging double jeu - albeit in "Austrian" only, so far).

  7. "EpicRealm's patents are vague" by rangeva · · Score: 4, Insightful

    The idea behind a patent is to be as vague as it can be but at the same time very specific! Sounds impossible? Well that's why a good patent costs a lot of money. The lawyers who write patents mission is to write something that will cover as much ground but on a specific quality of the product.

  8. Re:EU software patents now back from the Pet Semat by Umbral+Blot · · Score: 1

    By "Pet Sematary" did you mean "Pet Seminary", because that is what I read it as?

  9. Dear Oracle. by Savage-Rabbit · · Score: 3, Funny

    Dear Oracle,

    All your patents are belong to us. Please pay us money.

    Greetings,
    EpicRealms

    --
    Only to idiots, are orders laws.
    -- Henning von Tresckow
    1. Re:Dear Oracle. by Anonymous Coward · · Score: 0

      To who may concern (EpicRealms CEO)

      For great justice. We will take off every zig.

      We know what we doing.
      Oracle

  10. No shit, Sherlock... by Khyber · · Score: 5, Interesting

    EpicRealm's patents are vague and 'describe a technique where a web site updates only part of a website instead of having to rebuild the entire page. That may look a lot like DHTML, but apparently it isn't the same.

    I was able to do this before DHTML or PHP. It was called a dynamic CGI database script, and it was used for "realtime" CGI/HTML-based chatrooms (I typed something, unless you hit refresh after I typed it you'd have to hit refresh again to get your information that I sent...) The only thing that refreshed was a frame unless some interaction (this was all for a web RPG,) caused a change in other frames of the page. This sounds exactly like what I'm doing, without frames, and hell, you can onyl tell I'm using frames because I alow you to resize the damned windows for your resolution, so you've gotta be able to somewhat see the bars. Had I made this a fixed resolution and frame size, well, more people would play with the page in the upper-left corner of their web browser, but it'd still refresh the particular needed areas without "reloading" the page (since only one/two frame(s) is(are) changing, kinda just like how PHP can make this happen...)

    So I've had prior art to begin with, since.. 1997? (That is if I can pull up my old documentation from my old ISP/Provider and get a reliable backlog of files I made/uploaded to what I have backups of on my computer.) It's past 7 years so I guess I'm a couple years late, unless there's some potential extenuating circumstance I can talk about.. oh, wait! Almost any website TO-FUCKING-DAY can do things like that in PHP, Perl, RPG script, or even CGI script. Why are these idiots suing to begin with?!?!? Hello? Is anyone home in the CEO/Shareholder department? Do I need to smack you upside your head to get some rational and logical thought out of you? No - I take that back... we've probably already given potential proof that you and your entire IT department is semi-useless because we've already put your server traffic to a crawl only by looking at your whole site.

    Sorry for the rant, guys, but lots of this just screams BULLSHIT to me. I've done this - these guys obviously haven't figured out a way of implementing it - I could make a /. attack-worthy server using a two-month late unpaid geoshitties account, for fuck's sake, just by using the technique they describe - yet they don't seem to bother to employ it very well in their website, from what I can get cached from other mirror sites. :( They're full of crap, as far as I'm concerned.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    1. Re:No shit, Sherlock... by Pofy · · Score: 1

      >So I've had prior art to begin with, since.. 1997?

      You do realize that the patent protects the METHOD used, not the end result. You have been doing something that has the same end result, that is not prior art. Unless you used the same method as the patent describe, there is no prior art.

      >I was able to do this before DHTML or PHP. It was called a dynamic CGI database
      >script, and it was used for "realtime" CGI/HTML-based chatrooms (I typed
      >something, unless you hit refresh after I typed it you'd have to hit refresh
      >again to get your information that I sent...)

      So perhaps they patented yet another different method.

      >Almost any website TO-FUCKING-DAY can do things like that in PHP, Perl, RPG
      >script, or even CGI script. Why are these idiots suing to begin with?!?!?

      It is not WHAT they do, it is NOW they do it that would be a patent issue.

    2. Re:No shit, Sherlock... by Anonymous Coward · · Score: 0
      For the /. editors: before just posting vague articles like this, do some fact checking. It took me all of 30 seconds to look up the patent in question.

      For the parent poster: nice rant, but totally off the mark. Read the patent next time -- TFA's description (which the summary copied) is wrong. If the editors aren't going to do the research, that means you have to.

      For the rest of the /. crowd, here is the first claim:

      1. A computer-implemented method for managing a dynamic Web page generation request to a Web server, said computer-implemented method comprising the steps of:<br>
      ..routing a request from a Web server to a page server, said page server receiving said request and releasing said Web server to process other requests wherein said routing step further includes the steps of:
      ....intercepting said request at said Web server and routing said request to said page server;
      ....processing said request, said processing being performed by said page server while said Web server concurrently processes said other requests; and
      ....dynamically generating a Web page in response to said request, said Web page including data dynamically retrieved from one or more data sources.

      The reporter is at least partially right, this isn't DHTML. It looks to me like they are letting the 'web server' handle static requests while forwarding dynamic requests to a 'page server'. How this wasn't anticipated by load balancing is beyond me, but hey, I'm not being paid to figure it out.

    3. Re:No shit, Sherlock... by trix7117 · · Score: 1
      It is not WHAT they do, it is NOW they do it that would be a patent issue.
      If you're going to use caps to bring attention to something, you should probably use the right word.
    4. Re:No shit, Sherlock... by Pofy · · Score: 1

      Yes, I was in a hurry and noticed to late I pressed the wrong button, but unfortunately one can't edit posts here on slashdot...

  11. EU software patents now back from the Pet Sematary by Anonymous Coward · · Score: 1, Informative
    By "Pet Sematary" did you mean...?
    You'll have to complain to Stephen King (and Hollywood) for repeated deliberate misspelling.
    Fear not, English teachers: IMDb says there's even an orthographically correct movie release (presumably still not quite suitable for classroom viewing though).
  12. Re:Shows why indemnification is bad for open sourc by Bozdune · · Score: 1

    Just try selling software to a large company without an indemnification clause. You can leave the idemnification clause out, but sorry, nobody will be stopping at your lemonade stand.

  13. Re:Shows why indemnification is bad for open sourc by Homology · · Score: 1

    You are missing the point. A Linux distro or a *BSD can not, in general, afford litigation.

  14. Read the patents before commenting by Anonymous Coward · · Score: 0

    US5894554

    US6415335

    Though in truth they are pretty vague.

  15. Patent is about web servers and page servers by PianoComp81 · · Score: 3, Informative

    I found the patent that EpicRealm holds. It was filed in 1999.
    EpicRealm patent

    Basically, the patent is about the web server receiving a request, and handing the request off to a page server. The page server finishes the request and responds to the client while the web server continues to handle other requests.

    This sounds very similar to many web applications in use today (J2EE, ASP.net, etc.). There are usually a few processes running with J2EE (the one I'm most familiar with). One handles the HTTP requests and then hands it off to another process to dynamically create the web page. The second processes send the generated page back to the HTTP processes, which sends it to the client. In the meantime, the HTTP process could have been handling other HTTP requests.

    1. Re:Patent is about web servers and page servers by Anonymous Coward · · Score: 0

      And I think the real prior art is WebObjects. You can find the original announcement on Google Groups, posted before the patent was filed.

    2. Re:Patent is about web servers and page servers by dkf · · Score: 1

      Actually it's a farm of page servers, probably load-balanced, with some kind of front-end HTTP server. It's not clear whether a dispatcher process is required between the two layers. It's also not particularly innovative given that the idea of load-balanced servers has been around for many years.

      Oracle might not be my favouritest guys in the world, but this one probably ought to go their way.

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    3. Re:Patent is about web servers and page servers by Spy+der+Mann · · Score: 1

      I found the patent that EpicRealm holds. It was filed in 1999.

      AH HAH! The Bubble strikes back!

    4. Re:Patent is about web servers and page servers by cswiger2005 · · Score: 2, Informative

      Actually, the real prior art is "WebRex", written initially by Linus Upson, who also was one of the authors of EOF.

      Steve Jobs wasn't initially interested in web-based stuff, so Linus left NeXT and joined ITS with Ted Shelton, Drew Treiger, and me who finished up Linus' demo into a saleable product. Then Steve changed his mind, and decided to reimplement Linus' ideas as WebObjects 1.0-- very bad things happened with regard to EOF licensing (which went from $699 or $750 or so per licensed copy to $25,000)...and poof when ITS' market, since WebRex depended on EOF to do the app-to-database layer.

      Still, every so often, some patent troll tries to sue Apache or JBoss or Tomcat or some other likely target, but, since WebRex dates back to late 1994 for development and Apr 1995 or so as a publicly available product, it predates all of the claims that I'm aware of.

      --
      "The human race's favorite method for being in control of the facts is to ignore them." -Celia Green
    5. Re:Patent is about web servers and page servers by Kaenneth · · Score: 1

      Ahh, I was wondering the filing date; I know I was doing inline page updates (not frames), using script to dynamically replace content in 2000... a bit later that that.

  16. Server side Includes by MeNeXT · · Score: 1

    This describes SSI. I believe I've been building sites for over 10 years with this. Does anyone know when it was first introduced. I have a reference back to 1995

    --
    DRM? No thanks, I'll just get it somewhere else...
    1. Re:Server side Includes by sdiz · · Score: 1

      I have just read the patent...
      It is not plain SSI, but SSI+CGI!
      What a innovation!

    2. Re:Server side Includes by MeNeXT · · Score: 1

      I also read the patent. It can be all that we both described. It only talks about CGI in prior art. If you use exec in SSI its what the patent describes. If you ask for the date in SSI, It's what the patent describes. A Web server with SSI and an Operating systems falls under the description of this patent.

      --
      DRM? No thanks, I'll just get it somewhere else...
    3. Re:Server side Includes by cswiger2005 · · Score: 1

      Ah, the mighty NCSA webserver, from which the Apache project forked ("a bunch of patches" -> "apache" :-).

      Depending on just what feature you want to consider-- SSI's, cgi-bin execution, preforking servers which stick around to handle many requests (FastCGI, WebObjects, and the design of "normal" preforking HTTP servers themselves), integrated modules which can run stuff (mod_perl, mod_cgi, WebRex)-- ...either late 1994 or or 1995 would be the right timeframe.

      --
      "The human race's favorite method for being in control of the facts is to ignore them." -Celia Green
  17. Just get it over with by cloudkiller · · Score: 1

    Can't we just get this whole patent thing over with already? Just give M$ the patent on, "doing anything useful with a computer," label us all criminals, file lawsuits against us by the thousands each month, and create cartoons to remind us that everything we create you thought of first with your vague wording.

    --
    [an error occurred while processing this sig]
  18. Simple Solution by Anonymous Coward · · Score: 3, Interesting

    If some company owns "Intellectual Property" worth billions, WHERE ARE THE TAXES?

    If the co. owns an old chevy pickup or a building, they have to pay property tax on it.

    TAX THE IP OWNERS based on what THEY CLAIM IT IS WORTH.

    The rest of us will get a free ride next April 15.

    1. Re:Simple Solution by Anonymous Coward · · Score: 1, Interesting

      Interesting, so each trademark or patent you would want someone to claim a value for. Then annually pay some amount of tax on that. So if "slashdot" and the logo "./" are trademarks, they would be taxed annually. And if slashdot owned the patent on "weblog: process in which entries are made displayed in a reverse chronological order on a website" they would pay a tax as well.

      Also would you allow the trademar or patent go up and down in value? A patent for weblog might not be useful when you file, but the whole net is blogging suddenly its value would increase.

      So besides lawyers and accountants who is making money on this? I see a lot of costs associated with this much like sales tax costs. Also if my factory is producing products with my patents of my trademarks and I am paying sales taxes, property taxes, etc ... seems like this is another additional tax duplicating those taxes.

    2. Re:Simple Solution by sumdumass · · Score: 1
      The rest of us will get a free ride next April 15.
      nahh,, they will find a way to spend the money then claim some social service is going bankrupt.

      It's the way government works. One half wants to give it back to those who "paid it" while another wants to give it to those who "didn't pay it". The end result is alot of spending, little or no monay left over to give back and nothing sustantial being addressed in the process.
  19. Re:Shows why indemnification is bad for open sourc by Bozdune · · Score: 1

    I don't think I'm missing the point. Your point was, "indemnification clauses is [sic] bad for open source projects." My point was, "then try selling your software to a large company without one."

    As far as affording litigation, who can afford litigation? If you're sued, you're screwed. So if you want the business, you write the indemnity clause and cross your fingers that nobody sues you.

    In the bigger picture, everyone who writes software will ultimately be screwed by software patents and the vultures who collect them. Apparently very few people outside our industry comprehend this train-wreck-about-to-happen. Even in this forum, well-meaning people believe, incorrectly, that the patent system is "protecting the little guy."

    So the way I look at it, a train wreck has to be allowed to happen. Indemnity clauses or no indemnity clauses, it doesn't really matter much from a legal standpoint. Eventually there will be a disaster. Before change can occur, we'll have to wait for the trolls to shut down something really important and vital. It's really too bad, for example, that RIM wasn't shut down. That would have sent a strong message to everyone in power that the laws must change.

  20. AJAX by Midnight+Thunder · · Score: 1

    Doesn't this sound like AJAX too? Maybe their next target is Google. Then again if their patent is so vague as that someone can't try to follow it (patents are usually unreadable at best) to make a working solution, could that invalidate the patent. Think 'process for getting to work', as opposed to 'process for getting to work, by placing one leg in front of the other'.

    --
    Jumpstart the tartan drive.
  21. Fake sugar pills? by Petersko · · Score: 1

    "Instead we have gas guzzling cars that will end society, microwaves using decades old technology, TV incompatibilities up the wazoo and fake sugar pills sold on SpikeTV at 2am."

    Fake sugar pills? What are they putting in them that is cheaper than sugar?

  22. other peoples intellectual property by rs232 · · Score: 1

    It's ironic that a 'commercial' software house is being patent trolled especially after recent statements from Oracle regarding taking other peoples intellectual property.

    "We can just take Red Hat's intellectual property and make it ours, they just don't have it."

    Larry Ellison

    --
    davecb5620@gmail.com