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Google Says 3rd Parties Would Be Liable For Java Infringement

angry tapir writes "Third parties, not Google, would be liable for any Java copyright violations in the Android mobile OS, according to a filing Google made in the US District Court for the Northern District of California. Oracle sued Google in August over a number of alleged Java patent and copyright violations in Android."

236 comments

  1. way to go! by Anonymous Coward · · Score: 0

    Free as in "free to pay microsoft and oracle".

  2. But outside the US? by MichaelSmith · · Score: 4, Interesting

    I wonder how Oracle will go suing Android integrators in Korea, Taiwan and China?

    1. Re:But outside the US? by WrongSizeGlass · · Score: 1

      I wonder how Oracle will go suing Android integrators in Korea, Taiwan and China?

      I'm sure they're big enough to have an overseas law firm rack up the billable hours. I wonder if they'll go after the US or European distributors of Android products? Or even the developers of Android apps?

    2. Re:But outside the US? by Anonymous Coward · · Score: 4, Interesting

      Injunction against imports? Kind of like what they did when those LCD manufacturers in a certain Asian country got into trouble?

    3. Re:But outside the US? by williamhb · · Score: 1, Interesting

      I wonder how Oracle will go suing Android integrators in Korea, Taiwan and China?

      This filing doesn't mean that even Google think the defence will succeed.

      From the article:
      Overall, Google's answer takes an everything-but-the-kitchen-sink approach, including seemingly contradictory defenses, such as that Android developers are in fact "licensed to use the Patents-in-Suit and the copyrights in the works that are the subject of the Asserted Copyrights."

      Sounds a little like "Uh oh! Quick! Everyone think up some kind of a defence for this! Maybe if we have enough, they'll negotiate and settle on one of them!". Surely Google would not normally like to put up a big neon sign saying "WARNING: Use Android and you may be sued!" by making public claims that their customers should be liable in a lawsuit.

    4. Re:But outside the US? by icebike · · Score: 4, Informative

      Groklaw disagrees with your assessment.
      http://www.groklaw.net/article.php?story=20101111114933605

      --
      Sig Battery depleted. Reverting to safe mode.
    5. Re:But outside the US? by russotto · · Score: 5, Informative

      This filing doesn't mean that even Google think the defence will succeed.

      It's my understanding that if you want to preserve your rights to assert a defense, you have to assert it up front. This prevents dramatic Perry Mason-style maneuvers where you pull a new defense out of the hat near the end of the trial.

      But the predictable consequence of this rule is that lawyers will assert any and all possible defenses up front, so as to preserve their client's options.

    6. Re:But outside the US? by poetmatt · · Score: 1

      say what?

      google pretty much just shot oracle in the face, and expects to fight the hell out of this and possibly invalidate patents on java.

      Google not only expects to succeed, but is fighting everything. It is oracle who expected a fast settlement and a win, not google.

    7. Re:But outside the US? by poetmatt · · Score: 1

      what makes you think they have to go after a country?

      they'd have to go after the entire open handset alliance, which spans probably 3/4 of the world.

      this is why it will never succeed.

    8. Re:But outside the US? by blackraven14250 · · Score: 1

      They were from different countries.

    9. Re:But outside the US? by MightyMartian · · Score: 4, Funny

      Oh look, another stupid SCO investors bitter because PJ called it right. Pal, even your momma thinks you're stupid.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    10. Re:But outside the US? by williamhb · · Score: 1

      This filing doesn't mean that even Google think the defence will succeed.

      It's my understanding that if you want to preserve your rights to assert a defense, you have to assert it up front. This prevents dramatic Perry Mason-style maneuvers where you pull a new defense out of the hat near the end of the trial.

      But the predictable consequence of this rule is that lawyers will assert any and all possible defenses up front, so as to preserve their client's options.

      Aw, stop spoiling our speculation party with facts.

    11. Re:But outside the US? by InFire · · Score: 3, Informative

      Seems to be some confusion around here. There is a difference between the developers of Android (the OS) and the developers of Android applications.

      Even if there are proven to be patent problems with the Dalvik VM, an application developer is not distributing any part of the OS, only byte code which may or may not have been generated by a Java compiler and just happens to run in a Dalvik VM.

      Speaking as an Android app developer, I don't even program in Java. (And no, not the App Inventor or NDK either.)

    12. Re:But outside the US? by TheLink · · Score: 5, Funny

      Is it legal and viable for a lawyer to do stuff like:
      "My client never laid eyes on the victim of this horrible crime; but even if he did, he was not at the scene of the murder at the time of the killing; but even if he was, he's not the shooter; but even if he was, he was insane; and if he wasn't, then it was clearly self-defense."

      --
    13. Re:But outside the US? by trifish · · Score: 1

      It's my understanding that if you want to preserve your rights to assert a defense, you have to assert it up front.

      Only trademark rights have to be asserted / actively defended (for example, Google opposing the verb "to google" being added to renowned English dictionaries, so as not to lose the trademark as Xerox or Kleenex).

      However, copyright and patent rights do not have to be asserted or defended to remain valid.

    14. Re:But outside the US? by mcvos · · Score: 1

      It sounds like they're fighting the validity of software patents in general. Or at leas the "I have this obvious idea" kind. It'd be really awesome if they won that one.

    15. Re:But outside the US? by TheRaven64 · · Score: 2, Interesting

      Not quite. You have to enter evidence into the record during the discovery process - you can't jut pull out a new piece of evidence that proves you not guilty at the last second (unless you can convince the judge that you only just acquired it or there are some other extenuating circumstances). You don't have to provide your entire defence strategy up front. And, as the other poster said, you can enter contradictory defences.

      --
      I am TheRaven on Soylent News
    16. Re:But outside the US? by poetmatt · · Score: 1

      yes, I think this is their intent too - and being sued for easily disproved patents and with google's resources, I wouldn't be surprised.

    17. Re:But outside the US? by hey · · Score: 1

      Just curious, what do you use?

    18. Re:But outside the US? by tehcyder · · Score: 1

      It's my understanding that if you want to preserve your rights to assert a defense, you have to assert it up front. This prevents dramatic Perry Mason-style maneuvers where you pull a new defense out of the hat near the end of the trial.

      In the movies (from which I derive my legal expertise) when the maverick defending lawyer produces his last-minute witness/piece of evidence and the prosecuting lawyer jumps up shouting "objection" objection!" , the judge normally calls them both up to his bench and says "Mr Defending Lawyer, I don't ever want to see you pull a stunt like that in my court again, but just this once I'll allow it, objection over-ruled."

      I think it's one of those unwritten rules.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    19. Re:But outside the US? by jbengt · · Score: 1

      Yes, but you probably wouldn't want to say all of that at the same time in front of the same jury.

    20. Re:But outside the US? by toriver · · Score: 1

      My guess: C# using Monodroid.

    21. Re:But outside the US? by InFire · · Score: 1

      Sorry, missed your question earlier. I program in a language called NetRexx which is then translated into Java and compiled into Dalvik byte code via an "IDE" that I wrote (in NetRexx of course :-)

  3. nice by Anonymous Coward · · Score: 0

    so basically leaving the customers (phone makers) twisting in the wind?

    1. Re:nice by clang_jangle · · Score: 3, Insightful

      I think it may be Oracle that's left "twisting in the wind". Google is a huge target, but suing several dozen developers instead is probably not going to be nearly as easy or lucrative.

      --
      Caveat Utilitor
    2. Re:nice by WrongSizeGlass · · Score: 5, Insightful

      I think it may be Oracle that's left "twisting in the wind". Google is a huge target, but suing several dozen developers instead is probably not going to be nearly as easy or lucrative.

      Does it have to be lucrative or just effective at preventing anyone from using it without a licensing fee?

    3. Re:nice by h4rr4r · · Score: 5, Insightful

      Rent seeking the last refuge of the truly un-innovative.

    4. Re:nice by Proudrooster · · Score: 4, Insightful

      Oracle just got $4B from SAS so they have cash to spend on lawyers. I imagine Oracle will make this part of their standard business practice now. Sue everyone, sue big, demand license fees even on stuff you don't own. :)

    5. Re:nice by postbigbang · · Score: 3, Interesting

      Perhaps you mean SAP.

      If Oracle goes after users, they're making 200,000 enemies a day.

      Uh, sorry about your phone, dude, but Oracle says you can't use that Android stuff. I think they have their own version, but you have to get it at the Oracle App Store. Have a nice day. Oh, and there's this URL where you can jailbreak your Unbreakable Oracle Phone....

      --
      ---- Teach Peace. It's Cheaper Than War.
    6. Re:nice by terjeber · · Score: 2, Interesting

      Oracle has no choice, and the "bad guy" in this situation is Google. Google (or the OHA if you want to nit-pick) is destroying Java in exactly the same way that Microsoft tried to destroy Java. If Oracle wants Java to survive as a viable multi-platform development environment they need to kill Dalvik. Simple as that.

      It is funny how, when Microsoft did this, the "community" turned against Microsoft, but when God^H^H^HGoogle does exactly the same thing then it is OK.

    7. Re:nice by daboochmeister · · Score: 1

      If Oracle goes after users, they're making 200,000 enemies a day.

      As opposed to how many they're making now?

      --
      "Ahh! I see you're in that indeterminate Schrodinger state where - oh, uh ... never mind." Dave Bucci
    8. Re:nice by Pastis · · Score: 4, Informative

      Nope. Microsoft modified Java's platform and still called it Java. It wanted to add incompatible features and extend Java to its liking, ruining the write once run everywhere.

      There was already a Sun/Oracle lead platform (and strategy) for Java on the phone, it was JavaMe and it wasn't good enough.

      Google is thus taking the result of the compilation of a Java program and making it run on a phone in a different platform. It never clamed dalvik to be a Java VM, it just uses the Java language. That's very different from what Microsoft did.

      Google has no interest in destroying the Java language and platform. It uses it in several places, including Google App Engine.

    9. Re:nice by t2t10 · · Score: 1

      Oracle wouldn't be getting a license fee; people would just remove whatever Oracle has a valid patent claim on.

    10. Re:nice by guybrush3pwood · · Score: 1

      Google has no interest in destroying the Java language and platform.

      Well, if they replace the JVM with this dalvik thingy and "just use the result of the compilation", then they'd be one step closer of getting rid of the platform. They'd be just using the compiler, which they can toss away any moment. It could be a step-by-step strategy to undermine Oracle's Java and push their own platform... which would be composed of a new VM (dalvik), a new language (does that Go thing still exist?) and an OS (Android, Chrome OS)

      Pretty sneaky, solid, long-term strategy, if you ask me... Oracle has a right to protect it, even if it bothers the whole developer community.

      --
      Perhaps I'm trolling, perhaps I'm not.
    11. Re:nice by terjeber · · Score: 0

      I know Google doesn't claim Dalvik is a Java VM, but it claims you do program Android using Java, which is only half true, and very much the same thing that Microsoft did.

      This is why Sun (before Oracle) voiced strong reservations about the actions of Google. When Sun voiced their reservations about Java fragmentation Google basically responded with "so, who the fuck cares what you guys at Sun think".

      Again, this isn't a new thing, Sun felt it was the same problem they had fought with Microsoft, and I am pretty sure they would, Oracle or not, have taken Google or the OHA to court. They would have no other options.

      Sun was the creator of Java both the language and the platform. Dalvik shoots Java ME and probably also JavaFX in the head. That is not in Sun's interest, not in Oracle's interest, and generally not in the development community's interest.

      Google/OHA should not be allowed to fragment the Java platform any more than Microsoft should be allowed to, and Android fragments the Java platform in a big way.

      Google could have worked with the community to fix JavaME and JavaFX, but Google doesn't foster than kind of an environment internally. Doing it from scratch their own way is the Google way. It is just bad for Java.

    12. Re:nice by terjeber · · Score: 1

      The weird thing is that it bothers the dev community, it shouldn't. What Oracle (pure motives or not) is trying to do is to protect what is the strength of Java, failing to do so will be the end of Java as a platform. Nobody is better off with Java forked and essentially dead.

    13. Re:nice by gtall · · Score: 4, Insightful

      Try rereading what you wrote with C in place of Java. You cannot patent or copyright a language. All Google did was write a different infrastructure for the language.

    14. Re:nice by Pastis · · Score: 4, Insightful

      > very much the same thing that Microsoft did

      Let's clear this up a last time. Microsoft and Google did _very different things_.

      As you agree, Java is a language (syntax) _and_ a platform (the API and the VM). (actually there are 3 platforms from Oracle: ME, SE, EE)

      Google is using the _language_. Google never said it was using a _platform_ from Oracle. Check http://developer.android.com/guide/topics/fundamentals.html

      Microsoft on the other hand was implementing a JVM for Windows, under a license to do so from Sun. Microsoft extended the platform in a non cross-platform way (against the license) in order to "Kill cross-platform Java by grow[ing] the polluted Java market." Doh !

      http://en.wikipedia.org/wiki/Microsoft_Java_Virtual_Machine#Antitrust_trial

      This is *very* different!

      So now back on the android/dalvik google/oracle suit.

      > Dalvik shoots Java ME and probably also JavaFX in the head.

      First JavaFX is for the desktop. Nothing to do with the mobile.
      Second JavaMe has had its success (2B devices) but isn't technically adapted to compete on smartphones. It's a 10 years old platform. The programming model for application developers is outdated. The licensing scheme (and fees) is not adapted, and the amount of work for implementors is too large. Android seeks and manages to alleviate those issues.
      Third, Google is under no contractual obligation to not compete with Sun on providing a _platform_ for mobiles.

      > That is not in Sun's interest, not in Oracle's
      > interest, and generally not in the development
      > community's interest.

      It's not in Sun's interest, it's not in Oracle's interest but who says it's not in the community's interest ? You ? Based on what ?

      As a developer, I say: JavaMe doesn't work for everything, there's a better technology out there, let's use it.
      The manufacturers say: this allows us to focus on building and selling a phone, not a VM and software stack. Great !

      Only Oracle is unhappy because their expected revenues on JavaME are potentially reduced.

      > Google/OHA should not be allowed to fragment the Java platform [...]

      JavaME and JavaSE are already different platforms you know ? There's no such thing as a unique Java platform.
      Google isn't thus fragmenting _the platform_.

      > Google could have worked with the community to
      > fix JavaME and JavaFX, but Google doesn't foster
      > than kind of an environment internally.

      You can't fix an inappropriate platform. You replace it: the VM, the class libraries, everything had to be modified in a non compatible manner.

      So why would Google help Sun/Oracle create something that only one compagny had control on ? No one wanted that. Hence the OHA.

      Given the patent wars risks & the market complexity, with its reuse of the Java language, development environment and developer pools, the reuse of Apache code, the OHA, Android is one of the smartest move in the industry in the past years. Sun couldn't pull that. Google did. Oracle is pissed because it kills their revenue forecast. But there's a big chance Oracle cannot do anything about what Google did. Google carefully thought their plan, and Sun/Oracle's patents/copyrights/license&strategy may not have protected them against Google's move. That's called business.

      Now instead of working hand in hand to make the language and the platforms more universal, Oracle seems to have taken a step against, alienating some of their best supporters (developers and FOSS community). That's a very very bad long term move for the platforms that Oracle present.

      To me, the one who is damaging the most the platforms, isn't Google. It's Oracle.

      Er vi enig ?

    15. Re:nice by luis_a_espinal · · Score: 1

      Nope. Microsoft modified Java's platform and still called it Java. It wanted to add incompatible features and extend Java to its liking, ruining the write once run everywhere.

      There was already a Sun/Oracle lead platform (and strategy) for Java on the phone, it was JavaMe and it wasn't good enough.

      Google is thus taking the result of the compilation of a Java program and making it run on a phone in a different platform. It never clamed dalvik to be a Java VM, it just uses the Java language. That's very different from what Microsoft did.

      Google has no interest in destroying the Java language and platform. It uses it in several places, including Google App Engine.

      And herein lies the problem. A legal implementation of a Java run-time or compilation must ensure the java and javax namespaces are exactly as laid out in the Java license agreement. Not a superset (as MS tried to do with J++) nor a subset as in the case of the Android runtime.

    16. Re:nice by Pastis · · Score: 1

      Wrong.

      Android isn't a subset of the Java environment. And Google hasn't accepted any Java license agreement.

      The java license agreements are for
      * the implementers of Java environments (which Microsoft agreed, broke, got punished for, etc). Google provide a complete alternative tool stack and hasn't agreed to this agreement

      * the users of the SDK, which prevents (in section D of the SUPPLEMENTAL LICENSE TERMS) the user from altering elements under the java[x], sun, etc packages. http://java.sun.com/javase/6/jdk-6u2-license.txt Google hasn't accepted this user agreement either. The developer may have.

      Oracle cannot control what Google does with code written in Java that doesn't target the official Java platforms. The language isn't copyrighted (nor copyrightable - http://carlodaffara.conecta.it/?p=478), and except if they have specific patents in the conversion mechanism (which for example Gemalto is suing Google for - http://lwn.net/Articles/411852/), or in the implementation techniques used by the Java SE platform (which Google refutes) then Oracle should probably will lose (IANAL)

    17. Re:nice by toriver · · Score: 1

      Which begs the question:

      If they do NOT use the Java runtime, NOT the Java libraries, NOT the related frameworks, ...

      The why the f*ck did they need to pick the Java Language when there is a shed-load of other languages out there, including their own Go?

      It appears they wanted to lure Java developers to their platform, but was it really worth the risk of angering Java's "owner", especially given the (already then) persistent rumors of a takeover of "weak" Sun by a much stronger company (IBM or Apple for instance - I don't think many thought at the time that Oracle was a suitor)?

    18. Re:nice by Pastis · · Score: 1

      > The why the f*ck did they need to pick the Java
      > Language when there is a shed-load of other
      > languages out there, including their own Go?

      Let's see the advantage of using Java:
      * large developer base
      * large and mature tool base
      * large set of libraries
      * attractive for manufacturers and developers who choose JavaME in the past (sort of 'upgrade' path)
      * go isn't targeted to the same usage (go is more a C/C++ replacement for performance)
      * because they could (technically, and probably according to their evaluation - legally)

      It made lots of sense. Really. For me it's a really smart move.

      > It appears they wanted to lure Java developers
      > to their platform

      yes :)

      > but was it really worth the risk of angering
      > Java's "owner",

      According to their evaluation, I guess yes

      Time will tell.

    19. Re:nice by terjeber · · Score: 1

      First JavaFX is for the desktop. Nothing to do with the mobile.

      Really? From the JavaXF site:
      "And with the JavaFX SDK, developers and designers now have the essential set of technologies, tools, and resources to easily create and deploy their content across browsers, desktops, mobile devices, TVs, and other connected devices.

      Seems you missed something.

      Android seeks and manages to alleviate those issues.

      It does so very well, Dalvik is an excellent mobile platform.

      It's not in Sun's interest, it's not in Oracle's interest but who says it's not in the community's interest ?

      I do. Even a perceived fragmentation is going to be bad for the platform. Particularly now that Microsoft is entering the playground with a managed-code alternative. There is a huge installed base out there on the MS platform, and honestly, developing for Windows Phone 7 is light years ahead what Android (or even the iPhone) offers.

      Oracle is unhappy because their expected revenues on JavaME are potentially reduced.

      Which is why they must sue. Which is also why suing is not an "evil" move. They need to protect their platform anyway they can, that is their job.

      You can't fix an inappropriate platform. You replace it

      For Sun/Oracle that is not an acceptable solution if that solution is using Java. This is why the Microsoft solution was smarter. Make it reasonably like Java, but remove all the mistakes that are in Java. Honestly, C# beats Java on almost any point. Google could/should have done something similar.

      To me, the one who is damaging the most the platforms, isn't Google. It's Oracle.

      I disagree, Google should have done Dalvik with something better than Java. Something that isn't, in some areas, irrevocably broken, such as the horror that is Java auto-boxing for example. That was a dumb-ass idea, and executed extremely poorly.

  4. This is the direct opposite of what MS is doing by Giometrix · · Score: 4, Insightful

    Microsoft promises to take legal responsibiliy in the case of patent lawsuits resulting from use of their platform. Interesting times we live in...

    --
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    1. Re:This is the direct opposite of what MS is doing by h4rr4r · · Score: 3, Insightful

      They also charge for that feature.
      I am sure for enough money google could do the same.

    2. Re:This is the direct opposite of what MS is doing by Anonymous Coward · · Score: 0

      But Microsoft doesn't offer a system released under an Open Source license, with (potential?) contributions to the project from anyone on the planet.

    3. Re:This is the direct opposite of what MS is doing by Giometrix · · Score: 1

      They also charge for that feature. I am sure for enough money google could do the same.

      I know... what's interesting is that it seems that either you pay upfront or in the rear; either way you pay.

      --
      Download free e-books, lectures, and tutorials at bookgoldmine.com
    4. Re:This is the direct opposite of what MS is doing by lucm · · Score: 1

      > They also charge for that feature.
      > I am sure for enough money google could do the same.

      Can't argue with this. If Google did what Microsoft is doing, they would definitely not do the opposite.

      --
      lucm, indeed.
    5. Re:This is the direct opposite of what MS is doing by martin-boundary · · Score: 1

      I know... what's interesting is that it seems that either you pay upfront or in the rear; either way you pay.

      That's one reason why the GPL3 is so great: the license prohibits legal distribution if the users are vulnerable to patent attacks on the distributed software. It prevents this kind of racketeering right at the source.

    6. Re:This is the direct opposite of what MS is doing by icebraining · · Score: 1

      Will it work if the users don't actually use a GPL licensed software, but an Apache licensed software - Android - with code (allegedly) copied from GPLed code?

      Harmony, used by Android, isn't an OpenJDK fork - it's a complete reimplementation, and if code was indeed copied, this is a GPL violation like any other.

      Nothing to do with patents.

    7. Re:This is the direct opposite of what MS is doing by larry+bagina · · Score: 1

      HTC is paying Microsoft license fees for using android.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    8. Re:This is the direct opposite of what MS is doing by h4rr4r · · Score: 1

      And Microsoft paid SUN over .NET.

      The HTC fees have never been discussed and may in fact be nothing more than a way to make sure HTC builds WP7 handsets.

      In short rent seeking sucks, no matter who is doing it. It stifles competition and innovation.

    9. Re:This is the direct opposite of what MS is doing by Anonymous Coward · · Score: 0

      Then the old saying "you get what you pay for" is correct.

    10. Re:This is the direct opposite of what MS is doing by larry+bagina · · Score: 2, Interesting

      Ahem,

      Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.

      That doesn't do jack shit if you (google) distribute code that infringes on third party (oracle) patents.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    11. Re:This is the direct opposite of what MS is doing by coolgeek · · Score: 0

      Yeah, Google really screwed the pooch on this one.

      --

      cat /dev/null >sig
    12. Re:This is the direct opposite of what MS is doing by coolgeek · · Score: 1

      There are two points though. Much as I am loathe to suggest an ms solution to anyone, at least the cost is predictable with them. The cost of using Android just went to unpredictable, and also, you get the nice feeling of being tossed under the bus by a business partner.

      --

      cat /dev/null >sig
    13. Re:This is the direct opposite of what MS is doing by Anonymous Coward · · Score: 0

      Isn't Google's position kinda like a young man at a bar telling the drunken shithead, it was really my date that made those comments. You got a problem with that, it's between you and her, but leave me out of it.

      How gallant!

    14. Re:This is the direct opposite of what MS is doing by G3ckoG33k · · Score: 1

      Microsoft may quite possibly take legal responsibiliy of your rear, your house, your company, if you don't abide their rules. So, don't take their promises to lightly.

    15. Re:This is the direct opposite of what MS is doing by TheRaven64 · · Score: 1

      Section 7 of GPLv2 prevents distribution if there are patents that you are not allowed to sublicense. I believe there is a similar clause in v3, but I am too lazy to look it up. This doesn't magically make you immune, and it means that in cases like this every person with the GPL'd code (in jurisdictions where software patents are valid) suddenly loses the distribution rights, even if they manage to acquire a non-transferable patent license.

      --
      I am TheRaven on Soylent News
    16. Re:This is the direct opposite of what MS is doing by TheRaven64 · · Score: 1

      Pretty much. Don't sue me, sue my customers! It's not a slogan that's likely to spur Android adoption...

      --
      I am TheRaven on Soylent News
    17. Re:This is the direct opposite of what MS is doing by Anonymous Coward · · Score: 0

      Has there ever been a boring time?

  5. The summary is a bit short. by migla · · Score: 4, Informative

    Mayber some of the following paragraphs from tfa would have fit in the summary:

    """
    "Any use in the Android Platform of any protected elements of the works that are the subject of the Asserted Copyrights was made by third parties without the knowledge of Google, and Google is not liable for such use," Google attorneys wrote in one of 20 defenses to Oracle's amended complaint.

    Another defense states that Android was "created independently and without reference to any works protected by the Asserted Copyrights."

    Elsewhere in the document, Google discusses the formation of the Open Handset Alliance, the coalition of vendors, including Google, that worked together to develop Android.

    The filing also notes that Android can be freely downloaded and developers are free to modify the source code to suit their needs.

    In addition, Google states that Oracle's patent claims should be denied under the doctrine of misuse. "Oracle has come to the Court with unclean hands due to its practice of requiring licensees of its purportedly open software to pay for licenses to items not covered by Oracle's alleged intellectual property in order to receive a license under Oracle's alleged intellectual property."
    """
    ?

    --
    Some of my favourite people are from th US; Vonnegut, Chomsky, Bill Hicks.
    1. Re:The summary is a bit short. by h4rr4r · · Score: 5, Funny

      "Oracle has come to the Court with unclean hands due to its practice of requiring licensees of its purportedly open software to pay for licenses to items not covered by Oracle's alleged intellectual property in order to receive a license under Oracle's alleged intellectual property."

      A sentence only the deranged mind of a lawyer could love.

    2. Re:The summary is a bit short. by CyprusBlue113 · · Score: 1

      I don't know. I just read it, and *I* love it, truly. Started laughing out loud in fact.

      --
      a handful of selfish greedy people are no match for millions of selfish, greedy people -u4ya
    3. Re:The summary is a bit short. by guyminuslife · · Score: 4, Informative

      I had to read it a couple of times. I parse it as: "Oracle says that they have patents on some of the stuff that's used in open-source software. We're not saying they do, but we'll talk about that later. The thing is, because they say they have those patents, they want people to pay them for stuff that they don't even pretend to have patents on. That's bullshit. Therefore Oracle sucks."

      --
      I don't believe in time. It's a grand conspiracy designed to sell watches.
    4. Re:The summary is a bit short. by markjhood2003 · · Score: 4, Interesting

      I believe this sentence is a reference to the Java TCK conformance test suites. Java is supposed to be open source, but you can't claim to have a conforming Java implementation unless you pass the various TCKs. But the TCKs themselves are not open source and you have to pay for a license to use it on your Java implementation. This has always been Sun's (and now Oracle's) big stick.

    5. Re:The summary is a bit short. by Anonymous Coward · · Score: 0

      Looks like a job for XML if you ask me.

    6. Re:The summary is a bit short. by Anonymous Coward · · Score: 0

      It really rubs me the wrong way that you used a Python docstring to make your comment.

    7. Re:The summary is a bit short. by Bigjeff5 · · Score: 1

      No no no, it boils down to this:

      Oracle legitimately owns patent rights or copyrights to Object A.

      Oracle's licensing terms for Object A include a requirement to also license Object B, which nobody wants and Oracle doesn't own any legitimate rights to.

      It's like being required to purchase a copy of OSX from Microsoft in order to purchase a copy of Windows.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    8. Re:The summary is a bit short. by turkeyfish · · Score: 1

      Yes, but one that a judge could love. Read: Oracle can not receive patent protection for technology that it does not own. The onus legally will be on Oracle to prove that the Dalvik VM is a copy of the Java JVM. That is not going to be easy to do given that they are bytecode incompatible and that simply translating Java into Dalvik bytecode is not a technology that Oracle owns.

      I see it is going to be very difficult for Oracle to prove that its JVM can generate bytecode that is able to run Dalvik bytecode.

      Also, from a PR perspective being forced to sue its customers really creates a serious problem for Oracle as a means of keeping Java running on all platforms. Who will want to run it, if they can be sued merely for using it to develop an application? Looks to me that Oracle lawyers may have had an easier time getting greedy Larry to sign off on the idea than they will a judge.

    9. Re:The summary is a bit short. by Anonymous Coward · · Score: 0

      It's not just that.
      The JRE and JDK are open, but this isn't about either one.
      The JME is closed, and always has been, and that's what this is about.

    10. Re:The summary is a bit short. by shentino · · Score: 1

      To be made simple:

      "Oracle is a bag of sleaze for using patents on their stuff as a weapon against people who relied in good faith on the alleged copyrightwise openness of the same stuff."

      Or to be blunt, using copyright to lure them, and then patents to club them.

    11. Re:The summary is a bit short. by Anonymous Coward · · Score: 0

      Sigh. Just because you can compile something written in Java the programming language to byte-code and run it on a mobile device does not make it JME. Android IS NOT JAVA. Dalvik IS NOT A JAVA VM! Just please shut up about JME!

    12. Re:The summary is a bit short. by gtall · · Score: 1

      JVM's do not produce bytecodes, they interpret it. Compilers produce bytecodes. Now, it is possible to write an interpreter that given a Dalvik program, will produce JVM code that does the same thing. Possibly. How will you know it does the same thing? You might trying proving it, that would probably be do able, kinda, but it isn't a slam dunk given parallelism. And even if they could, does this mean that just because you can interpret one in another, the first is an instance of the other. I don't think so.

      Then there are some who somehow got it into their heads that simply because something is Turing complete, it is totally equivalent to something else that is Turing complete. Okay, let's compare Snobol and APL. Both are Turing complete? Want to argue they are the same thing? Or take Haskell, where is all that nice type checking in the Turing machine world? And if this argument were to fly, Oracle could hang it up right now because their Java is nothing more than a Turning machine.

    13. Re:The summary is a bit short. by RocketRabbit · · Score: 1

      Not Java, but just different enough to avoid paying the licensing fee.

      This is a Jedi mind game. "Move along, no Java here..."

      But Dalvik is Java in everything but name and byte code format. Sigh, I guess you drank the Google kool-aid.

  6. Not quite what Google says by Albanach · · Score: 3, Interesting

    From TFA, Google filed 20 defenses taking an 'everything but the kitchen sink' approach. In other words, they listed every defense they could conceive of, so that Oracle has to defeat each individual defense. If one fails, Google will then rely upon the others.

    Furthermore, it's a strategic move - if the others were responsible, Oracle could find itself in the position of trying to sue either companies with much smaller bank balances like the Open handset Alliance or some 20 year old student. That's a lot less attractive than a bumper payday from Google.

    1. Re:Not quite what Google says by AnonymousClown · · Score: 1

      Oh, phfew! For a second there, I thought Google hired SCO's legal team - you know the whole part about 3rd parties being liable and whatnot.

      --
      RIP America

      July 4, 1776 - September 11, 2001

    2. Re:Not quite what Google says by Anonymous Coward · · Score: 0

      Actually, if you look carefully, Oracle hired both sides of the SCO vs Novell legal teams for this case.

    3. Re:Not quite what Google says by poena.dare · · Score: 4, Informative

      Yeah peeps need not get their knickers in a wad. PJ can explain things, as always:

      http://www.groklaw.net/article.php?story=20101111114933605

      I love this:

      "Wouldn't it be ironic if Oracle's patents ended up on the junk heap? Clearly that is Google's intention. I've been hoping for a settlement of this mess from day one. I smell that it is now a real possibility. You can take this amended answer two ways -- that it's Google angling for a better settlement or that it's Google looking to win the whole enchilada and free up Java for everyone."

    4. Re:Not quite what Google says by youn · · Score: 1

      Lol, let's hope the sco team takes the lead then and messes up as badly as in the sco case :)

      --
      Never antropomorphize computers, they do not like that :p
    5. Re:Not quite what Google says by h4rr4r · · Score: 1

      Hey, considering what they had to work with they did a great job. Not their fault the customer was an idiot.

    6. Re:Not quite what Google says by Stuntmonkey · · Score: 1

      The bully in the schoolyard tries to shake down another kid to take his lunch money. The other kid rolls up his sleeves and says f*#k off, you're going to have to take it by force. The bully then has a choice: Walk away embarrassed in front of all the other kids, or risk getting his ass handed to him?

      Kudos to Google for not rolling over like a lot of other companies would.

    7. Re:Not quite what Google says by bill_mcgonigle · · Score: 1

      That's a lot less attractive than a bumper payday from Google.

      Or a patent cross-licensing deal which is what Oracle is really after. This makes this Google's best defense.

      Remember, there's somebody who can scale databases much better and faster than Oracle.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    8. Re:Not quite what Google says by terjeber · · Score: 1

      Really? Why is this kudos to Google? Google tries to pull a Microsoft and splinter the Java platform in a very bad way. Embrace, extend, destroy. Oracle say "Ah, no, you can not do that", and Oracle becomes the bully?

      Obviously Oracle is not doing this out of the goodness of their hearts, they want to milk some cash out of the platform, by all means, and why not. It is their platform. I don't understand why it is OK for Google to fulfill the work of Microsoft though. Why is it good to have multiple, incompatible, versions of the Java platform? Who would gain from that?

      Honestly, this can end in many ways, the good one would be that Java stays a viable cross-platform system, and that means Google has to lose. If Google wins Java has a very uncertain future as a platform. If Oracle wins Java has an uncertain future as a totally free platform, but it has a future as a platform as such. In other words, Google wins -> Java is destroyed, Oracle wins -> Java is no longer free. Heavily invested in Java, I have no problem paying Oracle for it to stay a viable platform.

    9. Re:Not quite what Google says by mcvos · · Score: 1

      It's a clever move. Both sides have quite a bit of experience with cases like these. Having them both on your side is pretty useful.

    10. Re:Not quite what Google says by angloquebecer · · Score: 1

      Google tries to pull a Microsoft and splinter the Java platform in a very bad way. Embrace, extend, destroy.

      Google hasn't created a java platform to compete with Oracle's. They created a virtual machine that reads in completely different byte code. It just happens that you write the source in Java.

      Obviously Oracle is not doing this out of the goodness of their hearts, they want to milk some cash out of the platform, by all means, and why not. It is their platform.

      Because it's not their platform. They control the specific technology that was created by Sun. Google's VM is in no way owned by Oracle. Whether or not Java as a language is sufficient to get a judge to support a shakedown will be decided here.

      I don't understand why it is OK for Google to fulfill the work of Microsoft though. Why is it good to have multiple, incompatible, versions of the Java platform? Who would gain from that?

      Google had to pick a language to use for Android. They picked Java. Java, the language. Not Java, the platform. Google made their own compiler to turn the Java source into Dalvik bytecode, and to run the bytecode. Google could've kept Dalvik/Android to themselves.

      Honestly, this can end in many ways, the good one would be that Java stays a viable cross-platform system, and that means Google has to lose.

      Really? That's the conclusion you draw? If Google loses, Oracle has the precedence they need to go after everyone who does anything with Java. This includes the openjdk platform.

      If Google wins Java has a very uncertain future as a platform. If Oracle wins Java has an uncertain future as a totally free platform, but it has a future as a platform as such.

      I agree with the Oracle part of the statement. Your argument is akin to "Linux can never succeed with so many distributions out there. We need one and only one distribution." It doesn't work that way.

      Heavily invested in Java, I have no problem paying Oracle for it to stay a viable platform.

      Aww darn, I'm out of troll food.

    11. Re:Not quite what Google says by TheNinjaroach · · Score: 1

      Google looking to win the whole enchilada and free up Java for everyone."

      That would be an enormous, crushing defeat for Oracle. I don't think it's a plausible outcome, but it would be a great one.

      --
      I went to eat some animal crackers and the box said, "Do not eat if seal is broken." I opened the box and sure enough..
    12. Re:Not quite what Google says by luis_a_espinal · · Score: 1

      Google tries to pull a Microsoft and splinter the Java platform in a very bad way. Embrace, extend, destroy.

      Google hasn't created a java platform to compete with Oracle's. They created a virtual machine that reads in completely different byte code. It just happens that you write the source in Java.

      Not source in Java, but source in a subset of Java. You can't legally provide a subset of Java, or a superset of it as per the Java license agreement. Google would have been better off implementing an entire different name space of libraries outside of the java, javax. and org. namespaces delineated in the standard JDKs.

      I don't necessarily think that Google did something extremely evil or fragmentary, but they did something that was legally murky (as per the Java license agreement) banking on the defunct Sun being too weak/unable/stupid to go after them.

      They should have started with a branch new name space of libraries or they should have bought Sun when they had the chance. </blooper>

    13. Re:Not quite what Google says by DrWho520 · · Score: 1

      "Heavily invested in Java, I have no problem paying Oracle for it to stay a viable platform."

      How much are we talking about paying at this time?

      --
      The cancel button is your friend. Do not hesitate to use it.
    14. Re:Not quite what Google says by terjeber · · Score: 1

      How much would I be willing to pay to have a viable, platform? Considering what we pay Oracle already for the database, you can be sure we'd be willing to pay them a lot more than they would ever consider charging for a development environment.

      They charge somewhere around $10K per processor for the Weblogic stuff with about $2K a year for maintenance. That is a perfectly reasonable price. For the enterprise.

  7. Especially outside of USA by Lead+Butthead · · Score: 1

    I wonder how Oracle will go suing Android integrators in Korea, Taiwan and China?

    It helps to have "friends" in "high places."

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
    1. Re:Especially outside of USA by Anonymous Coward · · Score: 4, Funny

      "what" do you mean "by" that?

    2. Re:Especially outside of USA by Anonymous Coward · · Score: 0

      Best I can tell, he was merely stating that it helps to have prostitutes who are under the influence of illegal substances, but I fail to see the relevance...

    3. Re:Especially outside of USA by Anonymous Coward · · Score: 0

      Oracle can send a bunch of AC-130s over Taiwan and China and get rid of those integrators in a matter of days.

  8. Highly misleading headline by Anonymous Coward · · Score: 4, Informative

    Here's what the article actually says:

    "Any use in the Android Platform of any protected elements of the works that are the subject of the Asserted Copyrights was made by third parties without the knowledge of Google, and Google is not liable for such use," Google attorneys wrote in one of 20 defenses to Oracle's amended complaint."

    That is, "we are not responsible for any violations added by the third parties". Well, duh.

    1. Re:Highly misleading headline by AvitarX · · Score: 1

      Not so duh I would think.

      Google distributes it (makes copies).

      They would not be willful or knowingly infringing, but they would still be infringing.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    2. Re:Highly misleading headline by aaarrrgggh · · Score: 2, Insightful

      It is a reference to the Dalvik VM code pre-dating Android. Since the code had an Apache (?) license, Google complied with that license. If the original party had no authorization to license the code under those terms (copied it from the JVM), then that is not Google's fault (or liability). Seems like a solid defense to this engineer...

    3. Re:Highly misleading headline by AvitarX · · Score: 2, Funny

      Google is still distributing illegal copies.

      "The 1976 Copyright Act, as amended in 1999, authorizes statutory damages of up to $150,000 per work infringed in cases of willful infringement and from $750 up to $30,000 in cases of non-willful infringement."

      Google is making copies, they are possibly illegal. Doesn't matter the license they thought they had, they can still be held responsible up $30,000 a copy.

      (source for quote https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=6-93+Intellectual+Property+Counseling+%26+Litigation+93.syn&srctype=smi&srcid=2A4E&key=5aad85e0a403aa12c7b112ffd6180668)

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    4. Re:Highly misleading headline by Anonymous Coward · · Score: 0

      Except that it is. The software license doesn't cover any of the patent violations, nor does it excuse any "accidental" copyright infringement. At best they could avoid willful copyright infringement which still comes with penalties, but the patent hammer is entirely unaffected.

    5. Re:Highly misleading headline by Anonymous Coward · · Score: 2, Informative

      Patents != Copyright

    6. Re:Highly misleading headline by aaarrrgggh · · Score: 1

      Patent issues are a separate claim unrelated to the copyright issues. While I admit I could be wrong, my understanding is that the person committing a copyright violation is the person who (may have) committed copy-and-paste plagiarism, and then putting that fancy (c) their name symbol.

      The license under which it was distributed by that party of the first part would state that parties of the second part could copy it at will without repercussion. If the original copyright holder takes issue with the plagiarism, it can only be with the party that put in their own name by the (c).

       

    7. Re:Highly misleading headline by AvitarX · · Score: 1

      The op in this thread uses the word copyright and is quoting Google.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    8. Re:Highly misleading headline by Anonymous Coward · · Score: 0

      even simpler: "it's _their_ problem"

    9. Re:Highly misleading headline by angus77 · · Score: 1

      Google is still distributing illegal copies.

      "The 1976 Copyright Act, as amended in 1999, authorizes statutory damages of up to $150,000 per work infringed in cases of willful infringement and from $750 up to $30,000 in cases of non-willful infringement."

      Google is making copies, they are possibly illegal. Doesn't matter the license they thought they had, they can still be held responsible up $30,000 a copy.

      Is "worked infringed" the same as "copy"?

    10. Re:Highly misleading headline by Tim+C · · Score: 1

      I don't think it's misleading at all - I read "would be" (in this case) as short-hand for "...if it turns out that a violation has taken place"; it is inherently conditional. Contrast with "are liable".

    11. Re:Highly misleading headline by t2t10 · · Score: 1

      Except... that they may not even be distributing the code: just because a class is included in the Android source distribution doesn't mean that it's installed on handsets. Some of the classes may just be there for testing.

    12. Re:Highly misleading headline by gtall · · Score: 1

      Come Larry, stop posting under an alias, we might starting thinking that you are, yknow...like a weenie.

    13. Re:Highly misleading headline by AvitarX · · Score: 1

      I was under the impression I could download it from a google owned website (the code).

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    14. Re:Highly misleading headline by t2t10 · · Score: 1

      Yes, and many other sites too. But it isn't part of the Android OS, so even if Oracle has a case, Android should be safe.

  9. And you would use their software why? by novar21 · · Score: 1

    It may not work, or it might be full of bugs and you have to pay more for it... But since they cover you for patents, that makes all of the difference? yea, thats the route I would recommend. NOT. I look for solutions. If I can not find solutions, I write them! Go ahead and try to hunt down all of the corps that might infringe your patent.... Their software is not shared. Your access to the source is non-existent. Open source only exposes the code if it is shared. It doesn't have to be. And programmers are not that hard to find. They are cheaper than most software, if kept in house. Which would give you all the advantage any how. Custom answer to custom request. Arrg...

  10. We need a flow chart of sorts by bogaboga · · Score: 2, Interesting

    Having a flow chart would clear up so many issues surrounding patents. Here is the question:

    What line of reasoning must hold water before a patent is deemed valid?

    If you read this story, you realize that each party is asserting their position as the valid one. To me, the confusion surrounding this topic is hitting me hard. A flow chart would help out a lot.

    1. Re:We need a flow chart of sorts by Anonymous Coward · · Score: 0

      You seem to be operating from the presumption that the law is logical, and thus there is some kind of logical flow beneath the surface somewhere, and thus there is the possibility of presenting law in a flow chart.

      The presumption is false. While logic certainly plays a role in law, it is only a supporting role. At its best, law is involved in the concept of "justice" in the same way that art is involved in the concept of "beauty". Justice relates to logic in the same way that beauty relates to logic, which is to say sometimes, but never necessarily, and at least as often there is no relationship at all.

  11. PJ's post... by magus_melchior · · Score: 1

    Is it "third parties" as in "anyone remotely connected to Android, including users and developers", or "third parties" as in the Open Handset Alliance which comprises 78 companies?

    Methinks Google isn't saying, "Look, don't sue us, you should go after the users", but rather "Oh, you want to sue us? You'd better be prepared to include 77 other defendants with big pockets."

    --
    "We are Microsoft. You shall be assimilated. Competition is futile."
    1. Re:PJ's post... by Anonymous Coward · · Score: 0

      If that's what oracle is saying, then isn't google saying "google provides no indemnity with Android, you're on your own."

  12. Hey Larry! by Anonymous Coward · · Score: 0

    GO FUCK YOURSELF!

    1. Re:Hey Larry! by ArcadeNut · · Score: 3, Funny

      Which Larry?

      Larry of Oracle or Larry of Google?

      --
      Visit the Arcade Restoration Workshop @ http://www.arcaderestoration.com
    2. Re:Hey Larry! by angus77 · · Score: 2, Funny

      This is where polymorphism comes in:

      class Larry (){
      public String go_fuck_yourself() {
      "Self fucked."
      }
      }


      public static void main (String[] args){
      Larry ellison = new Larry();
      Larry brin = new Larry();
      ellison.go_fuck_yourself();
      brin.go_fuck_yourself();
      }

    3. Re:Hey Larry! by Anonymous Coward · · Score: 0

      That's no polymorphism, but still funny.

    4. Re:Hey Larry! by Anonymous Coward · · Score: 0

      Somebody please mod parent down because that isn't even remotely polymorphism.

    5. Re:Hey Larry! by Anonymous Coward · · Score: 0

      This is monomorphism you insensitive clod!

    6. Re:Hey Larry! by angus77 · · Score: 1

      Whoops!

      That shoulda been a Page class and an Ellison class inheriting from a Larry class.

      Surprised everyone jumped on that rather than on the fact that there's no Larry Brin.

  13. Incomplete Story by gamerdonkey · · Score: 4, Informative

    For actual coverage of Google's counterclaims, I suggest Groklaw: http://www.groklaw.net/article.php?story=20101111114933605

  14. PolicyNodeImpl.java is from the Android TEST tree by rossjudson · · Score: 5, Interesting

    It's been widely reported that there's a duplicated file, and indeed it there is something close to that. BUT! One thing you'll find missing in Oracle's Exhibit "J" are the package headers at the top of the file. There's a good reason for that. On the Android side the file is in package org.apache.harmony.security.tests.support.cert, in directory support/src/test/java. You can see this in the git repository for android. It's sitting in a directory of test support classes.

    So the matching file that we have here is part of the test suite to ensure compliance with the interfaces. It is NOT part of the implementation itself. So the real question is, is it OK to have this kind of file sitting in the test branch, to ensure that the real implementation of it complies?

    The fact that the package headers have been removed and that this file is from the test suite can't be anything other than a deliberate attempt to deceive, well, someone. ;)

    It's rather unbelievable that with thousands of stories out there on this file nobody is talking about WHERE it fits into the android tree.

  15. No, it's not. by schon · · Score: 3, Informative

    Microsoft promises to take legal responsibiliy in the case of patent lawsuits resulting from use of their platform

    What does that have to do with copyright claims?

    Answer: absolutely nothing.

  16. Re:PolicyNodeImpl.java is from the Android TEST tr by bogaboga · · Score: 0

    OK, but the Java license specifically demands that Java be implemented in full with no additions or subtractions (I para phrase). What Google have done is to implement subsets of "Java", and call it something else.

    Everyone can see that though they do not call their implementation Java, the implementation is indeed Java to a great extent. That is where Google might lose in my opinion.

  17. Re:PolicyNodeImpl.java is from the Android TEST tr by icebraining · · Score: 5, Informative

    The headers haven't only be removed - which is a GPL violation by itself - there's a *new* header:

    /*
      * Licensed to the Apache Software Foundation (ASF) under one or more
      * contributor license agreements. See the NOTICE file distributed with
      * this work for additional information regarding copyright ownership.
      * The ASF licenses this file to You under the Apache License, Version 2.0
      * (the "License"); you may not use this file except in compliance with
      * the License. You may obtain a copy of the License at
      *
      * http://www.apache.org/licenses/LICENSE-2.0
      *
      * Unless required by applicable law or agreed to in writing, software
      * distributed under the License is distributed on an "AS IS" BASIS,
      * WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
      * See the License for the specific language governing permissions and
      * limitations under the License.
      */

    This is a blatant copyright violation, because you can't re-licence GPL code as Apache.

  18. Re:Google throwing everybody under the bus... by icebraining · · Score: 1

    What does the Dalvik name has anything to do with this? If you're talking about calling itself Java, this is an unrelated _patents_ matter, while the customers under a bus thing is about copyright - more specifically, the code Oracle says was copied from the OpenJDK and relicensed as Apache, which is a copyright violation.

    "Third parties, not Google, would be liable for any Java copyright violations in the Android mobile OS"

  19. Miss Sun yet? by h8sg8s · · Score: 4, Insightful

    I read and re-read tfa and just coudn't see Sun *ever* doing this level of crap. Larry may be a "great capitalist" but he's a failure as a human being. Bad Larry! Baaad! (smacks Larry on head with rolled up newspaper)

    --
    Organization? You must be joking..
    1. Re:Miss Sun yet? by Anonymous Coward · · Score: 0

      That's one of the defenses. "Sun told us this was OK. You can't suddenly decide to enforce patents that you told us you weren't going to enforce two years ago." And yes, Larry is one of the worst human beings around.

    2. Re:Miss Sun yet? by TheTurtlesMoves · · Score: 1

      Well Sun was going out of business. You may not like profit motive... But i bet you like to get a pay check, and Sun was running out of them.

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
    3. Re:Miss Sun yet? by terjeber · · Score: 1

      BZZZZT! WRONG! Not only Sun *ever* do this, they actually did it when Microsoft did essentially exactly the same thing to Java on Windows that Sun is doing to Java on Android. Sun was right to sue the shit out of Microsoft then, Oracle is equally right to sue the shit out of Google now.

  20. Oracle's corporate personality is by presidenteloco · · Score: 1

    the arrogant @$$hole in the polyester suit.

    It's a good thing we have choice in the market.

    Prediction: They're going to lose all their open source franchises
    as developers and customers walk out.

    --

    Where are we going and why are we in a handbasket?
    1. Re:Oracle's corporate personality is by Anonymous Coward · · Score: 0

      yeah, but the arrogant asshole in the polyester suit gets a lot of pussy. The shoeless greybeard hippie smells like shit and has cum stains on his pants from his frequent jackoff sessions.

    2. Re:Oracle's corporate personality is by ChunderDownunder · · Score: 1

      nice Leisure Suit Larry reference!

  21. Re:Google throwing everybody under the bus... by h4rr4r · · Score: 1

    Dalvik is not a java vm, it makes quite different byte code. Google is suggesting the open handset alliance members are responsible not their customers.

  22. Re:Google throwing everybody under the bus... by RocketRabbit · · Score: 1

    Yeah, yeah, but it is *Java* in the sense that a jury will understand it. That's all that really matters here.

  23. Re:Google throwing everybody under the bus... by erroneus · · Score: 1

    That conclusion is really unfounded. You would have to know and understand Android and its developmental origins to understand what is going on here. Google participated in the development of Android and went to great extremes to protect itself from precisely what is going on here now. But as we all know, you don't have to do anything wrong to be sued. In this case, if you read the claims against Google and Google's responses, you would begin that Oracle's claims are rather similar in nature to SCO's against IBM. Many of the claims are completely non-specific while others are simply wrong.

    But with all that said, Google made every attempt to protect itself from things like this but is helpless to prevent other parties from making themselves vulnerable to successful legal attacks. What does that mean? Let's put it this way:

    Let's say you develop something using Microsoft technologies. Great. Microsoft will protect you legally if any of Microsoft's technologies violate another party's patents. On the other hand, Microsoft will NOT protect you if you add your own stuff that violates another party's patents or other IP. In this case, Google had a hand in creating the base Android platform. It does NOT violate any of the claims made by Oracle. What makers of Android based products may do to the Android base that does violate Oracle's claims is not the fault or failure of Google. If I make a Redhat variant distro and put commercial software in there that infringes on the copyright of another party, Redhat isn't liable for that either.

    This is not Google throwing anyone under the bus. This is Google making clear its limits of liability.

  24. Re:Google throwing everybody under the bus... by RocketRabbit · · Score: 1, Flamebait

    My point was, ripping off Java and bypassing the licensing requirements for a mobile Java might have been a good way to save some cash, but it was slightly shady at best, and is going to kill Android as this struggle battles on.

    They *call* it Dalvik and the bytecode differs, but the fact remains that it sucks in Oracle(TM) Java classfiles and spits out a proprietary, incompatible binary format. One of the general complaints in the broader struggle between Oracle and Google is precisely this.

    The idea that Google copied some code isn't hard to believe, as the whole of Dalvik is just a ripped off Java, with just enough changes here and there to make it appear that it isn't a ripped off Java.

    This should teach everybody a good lesson about trusting Google, and also about coding for proprietary VMs be they from Oracle or Google or Microsoft even.

  25. Re:Google throwing everybody under the bus... by h4rr4r · · Score: 1

    Then the jury is poorly educated. Google should have from the beginning implemented several language to Dalvik VM compilers. I know that would have cost more, but they could have then removed support for java the minute Oracle bought SUN. We all know this is what Oracle does and would do.

  26. Oh Google you cowards! by Snaller · · Score: 1

    That's low! It should be on you!

    Besides, Java is just the input language - change it for Android 4.0 - change the input language to Basic, make a new compiler and change the virtual machine accordingly. Problem solved.

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  27. Re:Google throwing everybody under the bus... by RocketRabbit · · Score: 1, Flamebait

    So Google rips off most of Java, makes an incompatible bytecode format, calls it something else, and it's magically *NOT* Java?

    Google could have protected itself from this fiasco by starting fresh and not using any of the Sun (Oracle) Java implementation, and calling it something else. What they did instead is take a buttload of Java stuff and call it something else so they didn't have to pay up on the licensing fees.

    They were betting on massive amounts of applications being written for Android deviced by Java coders because ***___--- IT'S JAVA ---___*** for all practical intents and purposes!

  28. Evil by JeremyGNJ · · Score: 0, Flamebait

    Evil

  29. Re:Google throwing everybody under the bus... by h4rr4r · · Score: 1

    Rips off or makes an inter-operable language?

    There is a difference.

    Class names are not artistic and do not deserve protection.

  30. Re:PolicyNodeImpl.java is from the Android TEST tr by h4rr4r · · Score: 1

    If this is true then Wine is in the same boat.

    They implement a compatible Win32 layer.
    Which is it?

  31. Re:Google throwing everybody under the bus... by RocketRabbit · · Score: 1

    How about the functions in the classfiles?

    Are you saying Google reimplemented every Java class from scratch, in a clean-room fashion, without having seen it first?

  32. Re:Google throwing everybody under the bus... by h4rr4r · · Score: 1

    So then you think Wine should be shutdown as well?

    They implement Win32 and now Win64.

    The real lesson here is Google should have either bought SUN or stayed the hell away from anything Oracle touched. Dalvik is not proprietary, it is Apache licensed. Do you think Apache is proprietary?

  33. Re:Google throwing everybody under the bus... by hedwards · · Score: 1

    That might be, but considering that Google has advertised the language as "the Java language" it's an honest enough mistake.

  34. Re:Google throwing everybody under the bus... by h4rr4r · · Score: 1

    I am saying seeing GPLed code does not prevent me from writing Apache licensed versions that do the same thing. No where in the GPL does it say that by reading this code your brain is now property of someone else.
    I am not saying it is impossible that they clean roomed it, it is in fact quite possible, since docs could be easily written by one team from that code to be given to another team. Again the GPL never says thou shalt not write docs from this code.

  35. Re:Google throwing everybody under the bus... by icebraining · · Score: 1

    Since when is a VM licensed under the GPL (OpenJDK) or one licensed under Apache 2,0 (Dalvik) "proprietary"?

    They _are_ free. The problem is patents, which apply to any code, free or not, and the copyright violations, which are simply a result of incompatible licenses.

  36. Re:Google throwing everybody under the bus... by RocketRabbit · · Score: 1

    Actually, if you simply copy the GPL'd code and relicense it as you wish, you are committing a violation of the GPL at the very least.

    If you clean-roomed the code, you may not have a problem. However, if tiny details in your Apache code are identical with the GPL'd code, you are clearly messing around with the GPL.

    This all ignores the fact that Dalvik was created as a way to bypass Sun's mobile Java licensing, without actually giving up compatibility with Sun's language files, passing their compliance tests, etc, and all the while fragmenting the Java platform.

  37. Re:Google throwing everybody under the bus... by h4rr4r · · Score: 1

    Oracle is not pursuing Trademark violations, which is all that sounds like.

    If this stuff holds up how long will it be before MS kills Wine?

  38. The new SCO? by Anonymous Coward · · Score: 0

    Is Oracle officially the new SCO?

  39. Come on Sheeple, Android is *NOT* Google's OS by Zero__Kelvin · · Score: 4, Informative
    I expect the average layman to be somewhat clueless, but this is Slashdot, so PLEASE people, get this through your head!

    If you don't want to do the research to verify that I am correct, at least read this part from Groklaw:

    ""Other than the Harmony libraries, the Android platform – including, without limitation, the Dalvik VM – was independently developed by the OHA," Google points out. The OHA is the Open Handset Alliance, which is 78 companies and entities, not just Google. "The Android Open Source Project (“AOSP”) is tasked with the maintenance and further development of Android, including incorporating code and submissions from the community of developers who contribute to Android and the tens of thousands of developers who create applications for Android." "

    I must have pointed out about 20 times here on Slashdot that Android is not Google's OS any more than Linux is a Red Hat OS. It is an OS produced by 78 different companies who are members of the Open Handset Alliance and also has numerous unaffiliated contributors.

    --
    Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    1. Re:Come on Sheeple, Android is *NOT* Google's OS by williamhb · · Score: 1

      I must have pointed out about 20 times here on Slashdot that Android is not Google's OS any more than Linux is a Red Hat OS. It is an OS produced by 78 different companies who are members of the Open Handset Alliance and also has numerous unaffiliated contributors.

      I wouldn't be so sure about that until I'd seen OHA's articles of incorporation...

      From OHA press release: "Android and Open Handset Alliance are trademarks of Google Inc.

      From OHA Terms of Service:

      10. License from Google 10.1 Google gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Google as part of the Services as provided to you by Google (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Google, in the manner permitted by the Terms.

      If the software is in breach of copyright, then the big fat "provided by Google" "trademarks of Google" stickers all over everything might undermine a claim of "it wasn't us, guv, honest, it was those rascals over there in the Open Handset Alliance". Is the Open Handset Alliance even incorporated anywhere? If not, how is it even a legal entity?

      On the other hand, maybe Jammie Thomas should be trying the defence of "it wasn't me, it was the Jamme-and-Daughter-Open-Source-Project wot did it"?

    2. Re:Come on Sheeple, Android is *NOT* Google's OS by retchdog · · Score: 1

      On the other hand, maybe Jammie Thomas should be trying the defence of "it wasn't me, it was the Jamme-and-Daughter-Open-Source-Project wot did it"?

      As a purely intellectual exercise, would any lawyers like to comment on whether this crazy strategy could work? I've thought of doing it before. What and how many aspects of one's personal life could one codify into a charter of incorporation? Can you really shell game yourself? It'd be awesome!

      --
      "They were pure niggers." – Noam Chomsky
    3. Re:Come on Sheeple, Android is *NOT* Google's OS by Zero__Kelvin · · Score: 2, Informative
      You probably should have read the first few paragraphs:

      "1.2 Your use of products, software, services and websites in connection with the Open Handset Alliance website (referred to collectively as the "Services" in this document) is subject to the terms of a legal agreement between you and Google. "Google" means Google Inc., a Delaware corporation with principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement. "

      ... and ...

      "2. Accepting the Terms

      2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. "

      The entire document relates to and describes terms of service for the website, not Android. If you want to know about the licensing terms for Android you need to look at the license(s) in the source.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    4. Re:Come on Sheeple, Android is *NOT* Google's OS by kripkenstein · · Score: 4, Informative

      Android is not Google's OS any more than Linux is a Red Hat OS. It is an OS produced by 78 different companies who are members of the Open Handset Alliance and also has numerous unaffiliated contributors.

      Android is developed by Google behind closed doors. I am unsure of whether those other companies work with it behind those same closed doors, or not. But it's development is controlled by Google in a way very unlike Red Hat's development of Linux (or RHEL).

      You can take the released Android code and use it however you want. But practically speaking, Google still maintains a lot of control through the closed-doors development model. So it is fair to say Android is "Google's OS", but I would agree that that can be misunderstood to mean proprietary (which the released code most certainly is not), so maybe it's a bad choice of phrase.

      As I said before, I don't know if the other companies work with Google behind closed doors on the development - the development is behind closed doors, so we can't tell. But even if they do, it's still controlled by Google. For practical purposes, if you want to launch a device with Android, you need to partner with Google - only that way can you work on the latest code, and be aware of features in development, so your product when it finally launches will not use an outdated OS.

      Kudos to Google though for open sourcing it, when they do release it into the world. I am not saying Android is bad or anything. Just that it is controlled by Google. I'm a fan of Android myself.

      Regarding the story itself: Google is 100% right. Patents apply to 'specific machines', or should according to the law, so Google should be free to develop software free from worry from patent lawsuits. Hardware companies may need to enter patent agreements for their specific products. Google is arguing for a model of patents that makes a lot more sense than the one currently in practice in the US, and it happens to be the one that is on the books, so hopefully Google will prevail.

    5. Re:Come on Sheeple, Android is *NOT* Google's OS by genik76 · · Score: 1

      So why is Google being sued then?

    6. Re:Come on Sheeple, Android is *NOT* Google's OS by Anonymous Coward · · Score: 2, Insightful

      So why is Google being sued then?

      Oracle is concerned about Google's unique combination of high profile, database experience in relation to their search and similar businesses, expansive business strategy and collection of high profile friends and business partners. Google is a potential threat. Dell would like to reach a settlement that keeps Google from becoming their competitor in the future.

      I know you weren't seriously asking why they are being sued but were using a rheorical device to imply that if they're being sued for something then therefore they must be liable in some way - but that's so stupid it doesn't warrant a response.

    7. Re:Come on Sheeple, Android is *NOT* Google's OS by mcvos · · Score: 1

      So why is Google being sued then?

      Oracle is concerned about Google's unique combination of high profile, database experience in relation to their search and similar businesses, expansive business strategy and collection of high profile friends and business partners.

      More than that, Oracle is concerned about Google having a lot of cash that is not in Oracle's wallet.

    8. Re:Come on Sheeple, Android is *NOT* Google's OS by Anonymous Coward · · Score: 0

      The entire document relates to and describes terms of service for the website, not Android. If you want to know about the licensing terms for Android you need to look at the license(s) in the source.

      The point isn't the licensing terms per se (the license on the code has a copyright to something that appears not to be a legal entity). The point is that if the trademarks all belong to Google, the websites that distribute the software are all run by Google, the terms on the download website refer to "the software provided by Google" (whether or not they intended the double entendre), and of course a majority of the development came from Google -- and the organisation you are claiming "owns" it instead might not even be an incorporated entity -- it is very different to the Red Hat situation, and I really can't see Google persuading anyone that they have no responsibility for copyright breaches in the codebase that they distribute under a trademark that they own under a partnership banner that is another of their own trademarks.

    9. Re:Come on Sheeple, Android is *NOT* Google's OS by tehcyder · · Score: 1

      I know you weren't seriously asking why they are being sued but were using a rheorical device to imply that if they're being sued for something then therefore they must be liable in some way - but that's so stupid it doesn't warrant a response.

      If there is not at least some case against Google, it would simply be thrown out of court. Contrary to the general slashdot opinion, you can't just buy yourself unlimited court time because you have a lot of money.

      And it's not like there's just poor Mr Google, being forced to spend time and money defending frivolous litigation which stops him from working properly.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    10. Re:Come on Sheeple, Android is *NOT* Google's OS by Zero__Kelvin · · Score: 1
      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    11. Re:Come on Sheeple, Android is *NOT* Google's OS by Compaqt · · Score: 1

      Sun is like the neighborhood wimp who's taken advantage by neighbor Google. Oracle is the block toughie who takes the wimp under its wing, but for its own purposes.

      --
      I'm not a lawyer, but I play one on the Internet. Blog
    12. Re:Come on Sheeple, Android is *NOT* Google's OS by suutar · · Score: 1

      Well, of course. "Their software violates our patents" is a case with sufficient possibility of validity to not be thrown out. There's your 'some case'. Finding out whether it really is valid is the whole point of the rest of the process.

    13. Re:Come on Sheeple, Android is *NOT* Google's OS by Anonymous Coward · · Score: 0
  40. Re:Google throwing everybody under the bus... by h4rr4r · · Score: 1

    I never said I could simply copy it. Tiny details of creative work seem not to match. Else Oracle would be not pulling an SCO. If tiny details really did match we would see reams of matching code.

    Dalvik was created to be an open VM that can have java type language compiled for it.

    This nonsense that you must pay rent to read a file needs to end. I should not pay to decode h264, nor should google pay to translate some java. If the originator of some filetype thinks it is so special he should not show it to anyone.

  41. Ouch by nilbog · · Score: 1

    So they're just throwing their partners under the bus? I bet that is going to make everyone want to build more Android phones.

    --
    or else!
    1. Re:Ouch by Toy+G · · Score: 1

      Yeah, that's what I thought as well.

      At best, this will chill the air in the Open Handset Alliance. Google is quite happy to get all credit for Android when it all goes well (to the point of even trying their hands at controlling the full stack, with the Nexus-One), but as soon as things get sticky they point their fingers to partners? not nice.

      At worst, it will make manufacturers think again about betting the farm on Android (which, before this trial, looked like a complete no-brainer: it's the only modern mobile-oriented, feature-complete, production-ready OS not controlled by another hardware manufacturer you probably compete with).

      I personally think this "kitchen sync" approach at listing defenses smacks a bit of Chewbacca, and won't make Google any friends.

      --
      -- Let's go Viridian.
  42. Re:Google throwing everybody under the bus... by Lehk228 · · Score: 2, Informative

    sun / oracle fragmented the "java platform" by trying to keep desktop and mobile java isolated from each other

    --
    Snowden and Manning are heroes.
  43. Oh Google you accurate and correct bastards! by Zero__Kelvin · · Score: 3, Insightful

    If Oracle sued Red Hat claiming Linux violates their patents, would you say that Red Hat was acting in a "low" fashion for pointing out the fact that Linux is not Red Hat's OS? Of course not. So why would you expect Google to take the hit when Android is not their OS? (Hint: It is FOSS, and is an Open Handset Alliance OS)

    --
    Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  44. Oracle is lying by t2t10 · · Score: 1

    Well, I don't know the entire complaint. But I did check on the PolicyNodeImpl.java file. That code was released by Sun under the GPL with the classpath exception; it isn't proprietary source code. At worst, Google would be guilty of a GPL violation by changing the license. But that's not even what's going on. Google isn't shipping the code as part of Android, the shipped it as part of a test package. Furthermore, that code appears to have to reuse even private variable names because those appear to be accessed via reflection by something.

    In general, APIs shouldn't be, and aren't, copyrightable. And since in Java, even private members form part of the API (due to reflection), Oracle really has no leg to stand on in claiming copyright over their choice of private variable names.

  45. Re:Google throwing everybody under the bus... by Anonymous Coward · · Score: 0

    I agree that google probably should have bought sun. Perhaps though, settling may cost less than an acquisition might have.

  46. Awesome by codepunk · · Score: 1

    Throw the makers to the lions.

    --


    Got Code?
  47. Re:PolicyNodeImpl.java is from the Android TEST tr by Anonymous Coward · · Score: 0

    "This is a blatant copyright violation, because you can't re-licence GPL code as Apache."

    You're assuming this has been copied.

    This is pretty much the same as saying someone copied a .h file because they are remarkably similar, sometimes there is only one correct or one common way of writing code.

    For this reason, not all code is copyrightable, there are several tests to determine this. I'll be hugely surprised if you could persuade a judge that the similar code in these files is anything other then two implementations of the same standard using common programming practice.

  48. Re:PolicyNodeImpl.java is from the Android TEST tr by Anonymous Coward · · Score: 0

    Non-programmers can see that though they do not call their implementation Java, the implementation is indeed Java to a great extent. That is where Google might lose in my opinion.

    ftfy. Don't bother telling us "what you think is obviously a Java-VM implementation" until you have (1) read the Dalvik source code, and (2) written a simple compiler/vm.

  49. It's all a matter of interpretation by BufferArea · · Score: 1

    "...All there is is bullshit, pardon my vulgarity here. Layers of it. One layer of bullshit on top of another. And what you do in life like when you get older is, you pick the layer of bullshit that you prefer and that's your bullshit, so to speak. "
    - Bernie LaPlante (Hero)
    So whose lawyer has the more preferred layer?

    1. Re:It's all a matter of interpretation by VortexCortex · · Score: 1

      It's about as much a matter of interpretation as:
      for ( int i = 0; i < len; i++ ) { a[i] = ... }
      is equivalent to
      for ( int i = len; --i >= 0; ) { a[i] = ... }

      The interpretation is "Hey, those are two different loops iterating across an array, one's forwards, the other is backwards." It's not a matter of interpretation because a compiler must generate different machine code because the code is very different, and it doesn't know that the iteration order is not important.

      Much like the actual source code in Sun Java is very different from the actual source code in Dalvik. They both can do the same thing, but are very different under the hood. Any interpretation of "this shit is not that shit" still means "we have dissimilar shit" even if both smell the same.

      In my humble interpretation of the application, your "bullshit" analogy is bullshit, and Oracle is the new SCO (but that's a matter of opinion).

  50. To refine your analogy by IBitOBear · · Score: 2, Interesting

    Microsoft could indeed (re)sell you a copy of OSX if they possessed one...

    It's like Microsoft demanding you pay Microsoft a license fee for OSX in order for you to buy Windows, but in return for that license fee for OSX you get... nothing... Well you get a paper from Microsoft that says that as far as they are concerned it's okay if you get OSX by some other means and then use it. But since Microsoft doesn't have any stake in OSX that paper doesn't actually mean anything.

    Now if you replace the copyright/patent (improperly "intellectual property") bits of the claim with the word/idea "Safety" the nature of this as a "protection racket" becomes clear.

    You pay Oracle some money to protect you from any claims Oracle might make against you for things Oracle doesn't own...

    You pay (entity) some money for protect you from any (action) (entity) might take against you for things (entity) doesn't otherwise have any right to influence (like your kneecaps or your store-front downtown).

    [See "The SCO Group".]

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
  51. it's Exhibit J that is the problem... by IBitOBear · · Score: 3, Insightful

    The objection is, to my understanding, that "Exhibit 'J'" doesn't consist of any of the actual source code at all. It's got nothing to do with the headers or locations. Exhibit "J" is a decompile. To that end it has all the expressive part stripped. It may be that both halves of the comparison are decompiled from their respective objects using the same tool.

    This would naturally strip the result of any indicators as to whether any code was copied because the _tool_ would pick the variable names, and the indenting style and so on.

    So consider two implementations of some function "int add_two_integers(int, int)".

    One guy goes in for the one-liner: "int add_two_integers(int l, int r) { return l+r; }"

    Another guy does the long haul: /* giant copyright notice */ /* motivation for writing code */
    int32 /*specific integer sizes selected to constrain results within 32 bits for sure */
    add_two_integers(int32 Left, int32 Right)
    {
        return (Left + Right); /*with comments and everything */
    }

    In no way did either party "copy" the other.

    But you compile both on a 32-bit platform, then decompile them both, and then say look, that second guy just stole the first guy's code.

    The outcome of the above would be different code were both compiled for, say, an amd64. The intent is clearly different. The amount of effort clearly different again. The actual act of copying isn't even in question when the source is examined.

    But cook it right and use decompiles and whatnot and you produce a misleading sense of similarity.

    So don't go looking at the files from the two distributions and how similar or different they are. The objection is to the particular details of an exhibit we don't have that has, according to Google, been produced or redacted or just plain old manipulated to remove the obvious dissimilarities in a way that Google thinks the court should see as dishonest or biased against a correct finding of fact.

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
    1. Re:it's Exhibit J that is the problem... by dgriff · · Score: 1
      Have you looked at the files? They are here. The argument is not that the two files are decompiles. All they have done is strip comments out of the files so that the structure (and similarities) is clearer. What you might be thinking of is the fact that the Android version appears to be a decompile of the Sun version. You can tell this because the method arguments in the Android version are generic names (e.g. "i" instead of "depth"). Plus other little clues. Take a look, it's quite obvious.

      And decompiling _is_ effectively copying.

    2. Re:it's Exhibit J that is the problem... by makomk · · Score: 1

      All they have done is strip comments out of the files so that the structure (and similarities) is clearer.

      Yeah, all they have done is stripped out comments and rearranged the two files in order to be more similar in structure so that it's clear the two files are similar in structure.

    3. Re:it's Exhibit J that is the problem... by dgriff · · Score: 1

      Er, yes, that's because the copy is from a disassemble and so it's quite possible the order of the methods changed. It's presented in a way to make it clear that it is a copy/disassemble. Which is pretty undeniable, no matter how much you hate Oracle.

  52. What you mean to ask is by turkeyfish · · Score: 1

    can Oracle now win this lawsuit without simultaneously destroying Java as a product that any developer may choose to use, since it creates the possibility for Oracle to extend the scope of their patents just by the application of the language itself on the part of the developer?

    Larry must be fuming at the lawyers who convinced him this was a great strategy to take. Now he may have put his entire company in jeopardy by proceeding with this lawsuit.

  53. Perhaps but this will kill Java for sure by turkeyfish · · Score: 1

    but who will be eager to buy a license to a product that Oracle can sue you if you use it?

    If this policy begins to bleed into its Java - database offerings, it could sink Oracle as a company within a few years time.

    Larry must be freaking out over the lousy legal advise given to him by a few lawyers eager to find a new gravy train.

    1. Re:Perhaps but this will kill Java for sure by terjeber · · Score: 0, Troll

      BZZZT! Wrong. It is Google who is destroying Java with their move, not Oracle. Java is a platform with certain characteristics, and Google is undermining these in a massive way. This is exactly what Microsoft tried to do, and Sun sensibly sued their asses for it. Why should they allow Google to splinter Java when they would not allow Microsoft to do so? Is Google some sort of Holy Pig that can destroy whatever they want to without anyone in the "community" standing up to them?

    2. Re:Perhaps but this will kill Java for sure by pedantic+bore · · Score: 1

      Is Google some sort of Holy Pig that can destroy whatever they want to without anyone in the "community" standing up to them?

      Hello, and welcome to slashdot.

      --
      Am I part of the core demographic for Swedish Fish?
    3. Re:Perhaps but this will kill Java for sure by terjeber · · Score: 0

      LOL - and it is amazing that I have been modded Troll for this. The newbies here on Slashdot have no clue what a troll is and everybody they disagree with are modded trolls. Morons.

    4. Re:Perhaps but this will kill Java for sure by gtall · · Score: 1

      You are free to do something similar to C, yet I doubt you'll find anyone attempting to sue you. You cannot patent or copyright a language. The infrastructure that Google built isn't an issue, Google developed it via a clean room.

    5. Re:Perhaps but this will kill Java for sure by Anonymous Coward · · Score: 0

      Oh, I think most of us recognize an hysterical troll when we see one. :)

    6. Re:Perhaps but this will kill Java for sure by terjeber · · Score: 1

      You cannot patent or copyright a language

      Of course you can. Why not? More importantly though, you can protect the platform, which is what Oracle is doing.

  54. The big stick by turkeyfish · · Score: 1

    Yes this has been conventional wisdom. However, it looks as if Google may well use it to beat Oracle over the head with it, since it forces anyone using "open source" Java to pay Oracle, when they don't actually own the right to force developers to pay them for what is essentially open source software. That is an illegal extension of the technology that the patents cover, which only strictly pertain to just how similar to the JVM any VM has to be and be permitted to call itself Java. Google makes no pretense that its VM is a JVM, only that it can use the open source Java language, among others, to produce VM Dalvik bytecode. It seems that Google lawyers had done their homework well before Oracle bought Sun and that Larry got some bad legal advice as to the strength and scope of Sun's patents.

    1. Re:The big stick by gtall · · Score: 1

      I can see it now, a dark smokey room and Oracle's kneebiter lawyers are quizzing Sun's kneebiter lawyers over patents, copyrights, and Java:

      Oracle: This Java stuff, we use it a lot, is there any hope of monetizing it?

      Sun: (pregnant pause) Oh fer sure, fer sure, we think you can monetize the hell out it; we've just been sooooo busy that we haven't quite been able to get it to ourselves. But a crack legal team like YOURS, you should be able to make beeeeeelllliooons. Errrr...now how much were you willing to give us for Sun?

  55. Re:Google throwing everybody under the bus... by turkeyfish · · Score: 1

    What makes you think there will be a jury rather than just a judge?

  56. Re:PolicyNodeImpl.java is from the Android TEST tr by VortexCortex · · Score: 1

    Everyone can see that though they do not call their implementation Java, the implementation is indeed Java to a great extent. That is where Google might lose in my opinion.

    Uhhh, no. The Dalvik VM is a completely different beast; comparing it to Java is like comparing a sterling engine to an electric engine. Yes, they are both engines. Yes, they might both run on clean energy, and even get you from point to another. However, the damn things don't even have the same guts.

  57. Under that pile of BS by turkeyfish · · Score: 1

    everyone seems eager to smear themselves in s__t as under all that BS is a pot of gold. Fro that either Larry will be glad to paint themselves brown.

  58. Re:PolicyNodeImpl.java is from the Android TEST tr by Anonymous Coward · · Score: 0

    The file is not "duplicated". Somebody used a decompiler (probably "jad") to decompile the corresponding Java 5 class. Java 5 here, not OpenJDK.
    That somebody then tacked the Apache license on top of the decompiled code.
    Pretty obvious if you compare the file to PolicyNodeImpl.java from the publicly accessible Java 5 sources. Again, Java 5, not OpenJDK.

  59. Re:Google throwing everybody under the bus... by RocketRabbit · · Score: 1

    Sun MADE the Java platform, and it seems that Oracle as their successor can do pretty much what it likes with Java.

    Again, this should be taken as a good, hard lesson - don't bet the farm on a proprietary language that is encumbered with patents and copyrights and etc.

    Yeah, I know that Java is GPLd now, but in the strictest sense it still isn't Free as there are other gotchas and pitfalls.

  60. Re:PolicyNodeImpl.java is from the Android TEST tr by Anonymous Coward · · Score: 0

    Indeed, if you look at the two files in question, there are many differences that aren't obvious at first glance. I don't know if one of them changed over time, or if one was influenced by the other, or if class definitions were copied (but not the impl), or what... but it should be pointed out they aren't exact duplicates.

  61. Re:PolicyNodeImpl.java is from the Android TEST tr by icebraining · · Score: 1

    Well, yes, for the sake of argument. I don't know if it has or not, that's for the court to decide. But if it has, it's a copyright violation.

  62. copyrights protect expressions by jjohn_h · · Score: 2, Interesting

    >>> But you compile both on a 32-bit platform, then decompile them both, and then say look, that second guy just stole the first guy's code. >>>

    Copyrights protect expressions. You have two functions clearly different as they are expressed but after compilation they look the same. So what?

  63. Re:Google throwing everybody under the bus... by terjeber · · Score: 1

    It is quite weird to see the Slashdot community support Google when they are trying to do exactly what Microsoft was trying to do when they aimed to destroy the Java platform through Embrace, Extend, Extinguish. Puzzling. Is there something about Google that makes them more "holy" than Microsoft?

  64. Re:Google throwing everybody under the bus... by mcvos · · Score: 1

    Java is three different and increasingly separate things:

    * The Java programming language
    * The JVM
    * The Java libraries

    The JVM can run many languages that are not Java. Many of those languages can use Java libraries. There can be compilers that compile code in the Java language to something other than JVM-bytecode. Dalvik is a VM, but not a JVM. You can compile Java, but also other languages to Dalvik bytecode. Harmony is (as far as I understand) a re-implementation of Java libraries, and they're available to any language running on Dalvik.

    As far as I understand, compiling Java code to Dalvik bytecode is not the issue. What is an issue is whether Dalvik violates patents and/or requires a JVM license. Also an issue might be whether Harmony violated copyright by copying code from Java libraries.

    Note: I'm no legal expert, nor do I know all that much about this case, but this is what it seems to be about to me.

  65. Re:Google throwing everybody under the bus... by Anonymous Coward · · Score: 0

    So Google rips off most of Java, makes an incompatible bytecode format, calls it something else, and it's magically *NOT* Java?

    Please. Define Java. It may (at the very least) refer to any of the following:

    1 - the Java language specification
    2 - the Java Foundation Classes (standard library)
    3 - the Java Runtime Environment
    4 - the Java Development Kit + Certification Suite
    5 - the Java trademark owned by Sun/Oracle

    Of these, 1) and 5) are not relevant to the discussion: the language specification is completely open, non-copyrighted and unencumbered by patents (I might hope), and Google is not violating the trademark, because they're calling their implementation Dalvik. It would be equally hard to argue that Google is using the JRE, because they're using an incompatible bytecode format, right?

    So that leaves 2) and 4). The certification suite is irrelevant, Google is not trying to certify its VM and DK. As for the JFC, Google is using Apache Harmony with certain parts (introspection) removed. As for the JDK, Dalvik requires its own compiler.

    So yes, if you narrowly define Java as the Language Specification only, or even if you include a subset of the java.* Foundation Classes, then Google is using Java. But regardless of what you're claiming: Java is a trademark owned by Oracle. That means that you do not get to decide what is Java and what is not. Only Oracle gets to decide that.

  66. Kashyyyk? by jonaskoelker · · Score: 1

    you pull a new defense out of the hat near the end of the trial.

    http://www.youtube.com/watch?v=Pr3sBks5o_8. 'Nuff said.

  67. Re:PolicyNodeImpl.java is from the Android TEST tr by t2t10 · · Score: 1

    The headers haven't been "removed" since the file is clearly not a copy. The file does appear to have been derived from Sun's source file, but not necessarily in a way that violates copyright.

  68. Re:Google throwing everybody under the bus... by walshy007 · · Score: 1

    Yeah, I know that Java is GPLd now, but in the strictest sense it still isn't Free as there are other gotchas and pitfalls.

    While software patents exist, there is nothing that will not have 'gotchas and pitfalls'

  69. Re:Google throwing everybody under the bus... by e70838 · · Score: 1

    The intent is what makes it completely different.

  70. Re:Google throwing everybody under the bus... by shentino · · Score: 1

    Who cares if there's smart guys on the jury to begin with anyway?

    Lawyers almost invariably challenge and remove them. They *like* dumb juries.

  71. Re:Google throwing everybody under the bus... by makomk · · Score: 1

    Not really. The competing Java platform in this case is JavaME, which had essentially destroyed itself (with more than a little help from Sun) by being a hugely fragmented, expensive, closed-source mess that bore little resemblence to desktop Java. Then along came Google with something that desktop Java developers could actually develop code for and expect it to work consistently.

  72. Re:Google throwing everybody under the bus... by terjeber · · Score: 1

    I know JavaME was seriously broken, the problem I have with what Google did was that fixing JavaME would have been a good idea, forking was a bad one.

  73. Re:Google throwing everybody under the bus... by terjeber · · Score: 1

    Really? So the intent makes the result OK? If I intend to have fun in my car and drive around drunk, because it is fun, then it is OK if I kill you since my intent was not to kill you?

    Intent is irrelevant, result is relevant. Forking means bad things for the Java Platform, which was badly broken for mobile, we all know, but still. Google forked, which kills the platform, irrespective of intent. Oracle can not, and should not, sit by and watch when another company destroys their platform. Sun didn't when Microsoft tried, no matter what intent Microsoft had.

  74. Re:Google throwing everybody under the bus... by terjeber · · Score: 1

    Oh, and please get me right here. I love Dalvik as a platform. I think what Google has done, technically, is excellent. Finally we can actually develop in Java on the mobile platform. The fact that I like it and that you like it should not blind us to the fact that Oracle should not accept it. There is a huge difference between what might be good for you and me and what is good for Java as a platform and the owner of the Java platform.

  75. how Oracle will proceed to sue Android integrators by Dystopian+Rebel · · Score: 1

    IANAL, but ISTYOMLOS** so I have picked up a few things.

    Ellison will have his legal team print all the JVM source code and ship it to every Android integrator by Sikorsky helicopter.

    On top of each pile, there will be a note: "Show us your violations."

    **I Squandered Ten Years Of My Life On Slashdot

    --
    Rich And Stupid is not so bad as Working For Rich And Stupid.
  76. Uh, products,software,services and websites by luis_a_espinal · · Score: 1

    You probably should have read the first few paragraphs:

    "1.2 Your use of products, software, services and websites in connection with the Open Handset Alliance website (referred to collectively as the "Services" in this document) is subject to the terms of a legal agreement between you and Google. "Google" means Google Inc., a Delaware corporation with principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement. "

    ... and ...

    "2. Accepting the Terms 2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. "

    The entire document relates to and describes terms of service for the website, not Android. If you want to know about the licensing terms for Android you need to look at the license(s) in the source.

    Not just for the website, but for (and I quote the lines you just quoted, emphasis mine):

    1.2 Your use of products, software, services and websites in connection with the Open Handset Alliance website

    So, it is not just related to (and describing terms of) service for the website but:

    1. products
    2. software
    3. services, and
    4. websites

    related to the OHA website. Somehow I think Android is a) a product and/or b) a software related to c) the OHA website (and/or the OHA itself which is also a Google trademarked name.)

    1. Re:Uh, products,software,services and websites by Zero__Kelvin · · Score: 1

      "Somehow I think Android is a) a product and/or b) a software related to c) the OHA website (and/or the OHA itself which is also a Google trademarked name.)"

      Your thinking is incorrect.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  77. Re:Google throwing everybody under the bus... by Anonymous Coward · · Score: 0

    I never knew that Android was a fork of JavaME. Thanks for educating me.

  78. Exactly by Anonymous Coward · · Score: 0

    All this talk about headers .... when the replacement of the header was a violation in itself.

  79. Re:PolicyNodeImpl.java is from the Android TEST tr by molo · · Score: 1

    No, the code is different. They obviously had different authors implementing the same specification. One author prefers while loops, the other for loops. Variables and members are named differently. See these examples:

    Java:

            private void getPolicyNodes(int depth, Set set) {
                    if (mDepth == depth) {
                            set.add(this);
                    } else {
                            Iterator it = mChildren.iterator();
                            while (it.hasNext()) {
                                    PolicyNodeImpl node = (PolicyNodeImpl) it.next();
                                    node.getPolicyNodes(depth, set);
                            }
                    }
            }

    Android:

            private void getPolicyNodes(int i, Set set) {
                    if(mDepth == i) {
                            set.add(this);
                    } else {
                            PolicyNodeImpl policynodeimpl;
                            for(Iterator iterator = mChildren.iterator(); iterator.hasNext(); policynodeimpl.getPolicyNodes(i, set))
                                    policynodeimpl = (PolicyNodeImpl)iterator.next();
                    }
            }

    -molo

    --
    Using your sig line to advertise for friends is lame.
  80. Re:Google throwing everybody under the bus... by gmor · · Score: 1

    The .dex format is very different from the .class format, and the differences are to optimize for memory and CPU on mobile devices so that you can run one lightweight VM per app. These aren't superficial changes.

  81. Re:PolicyNodeImpl.java is from the Android TEST tr by suutar · · Score: 1

    The Java license, as I understand it, is requirements on how to implement something called Java. If they're not calling it Java, how is the license applicable?

  82. Re:Google throwing everybody under the bus... by suutar · · Score: 1

    "Presence of malice makes it wrong" != "Absence of malice makes it right"

  83. On the surface... by hazydave · · Score: 1

    ... this sounds like a crap move. But you have to consider just why Oracle went after Google. Practically every cellphone vendor has some models with Java support. So just about anyone using Android already has a Java license of some kind. And it's hard to imagine Google didn't make this announcement only after talking to strategic partners in the Android business.

    As well, as long as they're not actually making Android devices (Google-branded Nexus devices are made by existing phone makers, not Google), it's hard to imagine just how Oracle manages to really sue Google on this, regardless of the actual truth behind the open source licenses Sun put in place ages ago. Oracle seems hell-bent on making Java irrelevant, rather than making money on it. Google doesn't want to move off Java, but if their Dalvik JIT is violating the original FOSS license (which seems to be Oracle's entre into the lawsuit business here), they could migrate developers to other technologies using the same JIT. Or do a cleanroom Java, for that matter. Only a small hill to climb for a company as powerful as Google.

    --
    -Dave Haynie
  84. Re:Google throwing everybody under the bus... by makomk · · Score: 1

    I know JavaME was seriously broken, the problem I have with what Google did was that fixing JavaME would have been a good idea, forking was a bad one.

    Android is - deliberately - not a fork of JavaME, if anything it has more in common with the desktop version. By the time you've fixed all the issues with JavaME that prevent it from being a practical option for smartphones, you may as well start again from scratch. It's not like existing applications would work anyway.

  85. Re:Google throwing everybody under the bus... by RocketRabbit · · Score: 1

    HURRR!

    No, I don't think Wine should be shut down. Where the fuck did I say that?

    The WINE devs have been careful to emphasize that they are performing a CLEAN ROOM implementation of the Windows API, without looking at the Windows source code. They are not simply copying parts of it that they like, or creating middleware that sucks in raw Windows .DLL files.

    If you would wake up and pay attention, Google's difficulty started when they produced a mobile phone Java, while trying to both skirt around their licensing fees and also breaking the patent protection guarantee, which specifies that Java should not be fragmented. They decided to be cheap about their choice of a platform, and liked Java, but didn't want to pay up, so they got some lawyers and finagled up a solution that they believed would shield them from consequences.

    Fact: Dalvik is just an incompatible Java under a different name, that uses actual Java files but spits out a proprietary format. You know, this is almost exactly the same sort of shit that MS did, and over which they lost in court.

    I like open source software, but I don't think Google should be given a free pass to just do whatever the fuck they want because they are friendly to the cause. They fucked up, clearly, and could easily have created a new programming language or taken any number of roads other than cloning Java and deciding to skimp out on paying Sun (or Oracle) for their trouble.

  86. the court of public opinion by Anonymous Coward · · Score: 0

    The Google/Oracle patent litigation is really heating up. If judged in the court of public opinion, it's looking more and more like Oracle would be the loser.