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Oracle Claims Google 'Directly Copied' Our Java Code
itwbennett writes "On Wednesday, Oracle amended the lawsuit it filed against Google in August, saying that 'approximately one third of Android's Application Programmer Interface (API) packages' are 'derivative of Oracle's copyrighted Java API packages' and related documents. In particular, 'the infringed elements of Oracle America's copyrighted work include Java method and class names, definitions, organization, and parameters; the structure, organization and content of Java class libraries; and the content and organization of Java's documentation,' Oracle says. 'In at least several instances, Android computer program code also was directly copied from copyrighted Oracle America code,' Oracle alleges."
The JDK that ships with Android is just a subset of Harmony, which is released under the Apache license. All improvements made by Google have been folded back into the project. The additional non-standard libraries they ship with android, are also opens source.
I want to start by saying I'm not making any commentary here on the validity of Oracle's claims regarding direct copying (I suspect they are making that claim just because class names and methods are the same for some classes, for compatibility purposes).
The thing is, Google doesn't claim Dalvik is "Java". They aren't using a Java license. Yes, you can create a free/open-source implementation of Java, as long as you are licensing from Sun/Oracle under the terms of the Java license.
Google created something very similar to Java, but they are not calling it Java, and do not claim to have licensed Java from Sun/Oracle. I believe they claim copyright over the entire Dalvik VM and API. That makes a world of difference, legally, and so they can't use the defense the parent is suggesting.
J2se is. J2me is not. That's three problem that Google faces.
Uh.. what?
C# has absolutely nothing windows oriented to it. It's a completely platform agnostic language.
Now, if you're talking about .NET, that's a slightly different story, although much of it, especially the CLI is also platform neutral. The only parts that are windows specific are things that can be replaced, such as the GUI framework.
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James Gosling confirmed this some time ago "During the integration meetings between Sun and Oracle where we were being grilled about the patent situation between Sun and Google, we could see the Oracle lawyer's eyes sparkle. Filing patent suits was never in Sun's genetic code. Alas.... " http://nighthacks.com/roller/jag/entry/the_shit_finally_hits_the
Here are the examples Oracle is using:
http://www.zdnet.com/blog/btl/oracle-says-google-directly-copied-java-code-heres-the-line-by-line-comparison/41025&usg=AFQjCNF1GNdD5_oXwawU7akdBGHETrf57w
http://www.google.com/url?sa=D&q=http://www.scribd.com/doc/40316099/orclgoogcode&usg=AFQjCNFFdZkReVLuVJIS7Xshk1X997VTIA
And a link to the original Sun implementation:
http://www.docjar.com/html/api/sun/security/provider/certpath/PolicyNodeImpl.java.html
We don't know all the facts... but it smells funny.
The wheel is turning, but the hamster is dead.
GPL'ed code will save Google from copyright claims, not patent claims. This is the case for pre-GPLv3 license which Java is under.
This space for rent.
I thought most of us saw the obvious reasons already. Sun was rather like a gift wrapped fruit basket.
Two of my imaginary friends reproduced once
The main difference is that SCO didn't own the copyrights (and we all knew they didn't) but it took a long, protracted court case to work that out. Once that was settled, SCO didn't have any legal standing to sue IBM for copyright infringement. It is clear that Oracle owns the Java copyrights. The code will probably be similar; it's a matter of how much quibbling Oracle is willing to do. Unlike SCO, Oracle has lots of their own money to battle this out.
Well, there's spam egg sausage and spam, that's not got much spam in it.
Not all of Sun's Java code went into Harmony et. al. So, maybe.
The point of the project was that NONE of Sun's Java code would go into the project. They started with a clean slate and implemented all of the methods with their own code. They also had processes in place with the intention of keeping out the original Java code in contributions.
Oracle is basically stating that by using the same package names, class names, and parameters that Android is an infringing derivative. This is the same argument as the SCO ABI argument. That was laughed out of court IIRC.
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In Baystate v. Bentley Systems (1997), a district court held that technical interfaces including programmer APIs are not copyrightable under the scenes a faire and other copyright doctrines. If this logic is followed by the court in the Oracle case, Google will be held harmless from any claims of copyright infringement.
This all despite the creativity that went into the API design in the first place. The practical benefit of not proscribing the copying of technical interfaces should be obvious. If such copying was proscribed, no one could make compatible software without permission of the original manufacturer anymore. File formats themselves might be protected to the degree that in the absence of any patent, it might be illegal to write code that reads and writes your own data.