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Apache Resigns From the JCP Executive Committee

iammichael writes "The Apache Software Foundation has resigned its seat on the Java SE/EE Executive Committee due to a long dispute over the licensing restrictions placed on the TCK (test kit validating third-party Java implementations are compatible with the specification)."

136 comments

  1. Sad ... by gstoddart · · Score: 4, Insightful

    Sad that it has to come to this ... I can't begin to say how useful the Apache libraries have been in past Java development. Why reinvent the wheel and plumbing when Apache is providing really awesome libraries for free that cover much of the "grunt work".

    I fear Oracle is doing far more harm than good to Java.

    --
    Lost at C:>. Found at C.
    1. Re:Sad ... by thammoud · · Score: 1

      This is for Apache's Harmony project that IBM created to piss off Sun. Most people do not use this project but rather use the OpenJDK or Sun's reference implementation. This has nothing to do with Apache's wonderful libraries.

    2. Re:Sad ... by mswhippingboy · · Score: 2

      No, it has to do with Android of which a portion is based on Harmony. It's a bit disingenuous to say that "Most people do not use this project" when everyone doing Android development indirectly uses it.

      --
      Sometimes the light at the end of the tunnel is the headlight of an oncoming train.
    3. Re:Sad ... by mswhippingboy · · Score: 2

      Pay up? For what? Java is Open-source. The Java license grants everyone the right to develop their own "clean-room" implementation of Java and it grants use of the patents involved free-of-charge.
      The Oracle/Google dispute is really over two things: 1) Oracle claims Google is infringing several patents in the Delvik VM. 2) The Android platform contains copyrighted source code.
      On the first point, Google disputes that the patents are valid, they don't infringe them, the patents are open-sourced, Oracle(as Sun) waited too long to go to court and Oracle is not being damaged by their use. On the second point, the supposed "copyrighted material" was part of a set of compatibility testing tools (not part of the TCK) and is not part of the standard Android SDK.

      I agree that this has nothing to do with the other Apache libraries. Where I took exception with the parent was the single statement that most people do not use this project. This project (and the way Oracle dealt with it) indirectly had a great deal of bearing on Apache's decision to leave the JCP.

      --
      Sometimes the light at the end of the tunnel is the headlight of an oncoming train.
    4. Re:Sad ... by Anonymous Coward · · Score: 2, Insightful

      No, they shouldn't. Google created Android because Java Me is ridiculously underpowered and not remotely innovative, let alone up to the task of achieving Google's vision.

    5. Re:Sad ... by Anonymous Coward · · Score: 0

      Read these links as you seem to misunderstand the patents/licensing issues somewhat:

      http://skife.org/java/jcp/2010/12/07/the-tck-trap.html
      http://www.betaversion.org/~stefano/linotype/news/110/

    6. Re:Sad ... by Anonymous Coward · · Score: 0

      Sad that it has to come to this ... I can't begin to say how useful the Apache libraries have been in past Java development. Why reinvent the wheel and plumbing when Apache is providing really awesome libraries for free that cover much of the "grunt work".

      I fear Oracle is doing far more harm than good to Java.

      I fear that Oracle is doing more harm than good to everything it touches.

    7. Re:Sad ... by Archillies · · Score: 1

      This is for Apache's Harmony project that IBM created to piss off Sun. Most people do not use this project but rather use the OpenJDK or Sun's reference implementation. This has nothing to do with Apache's wonderful libraries.

      Sounds bigger then that to me; they will not be releasing future libraries of any kind to any java projects. Wonder if they plan to abandon java altogether.

      --
      Finally an OldFart : Keep off MY lawn too!
    8. Re:Sad ... by makomk · · Score: 1

      Java is Open-source. The Java license grants everyone the right to develop their own "clean-room" implementation of Java and it grants use of the patents involved free-of-charge.

      No it doesn't. In particular, in order to actually be granted patent licenses for your clean-room implementation, it must be certified as conformant using the TCK. The TCK is closed source, costs money, and most importantly is only available under the condition that you don't release your clean-room implementation of Java as open source.

    9. Re:Sad ... by Anonymous Coward · · Score: 0

      I fear Oracle is doing far more harm than good to Java.

      The DEVIL, you say???

    10. Re:Sad ... by Anonymous Coward · · Score: 0

      > Google should pay up for J2ME if they want to use Java on Android

      They would if the J2ME license would even allow it at all. JavaME (may as well keep calling it J2ME, it hasn't even updated for Java 1.5) is under a vastly more restrictive license that places all kinds of conditions on it, including the required use of the J2ME APIs for everything. It's control-freakery of the sort we'd ascribe to Steve Jobs, and it's for other vendors' phones. There's a reason java apps are such a tiny ghetto even on feature phones.

      Basically, Google wouldn't even be allowed to use Android. Anyone looking at J2ME's ridiculous conditions could only imagine that it was designed to pre-emptively kill java in the mobile space.

    11. Re:Sad ... by mswhippingboy · · Score: 1

      The TCK is closed source.

      Actually, you're partially correct. The TCK consists of three parts - the JT Harness, SigTest and the Spec Trac Tool. The JT Harness and SigTest are open source - both licensed under GPLv2.
      https://jtharness.dev.java.net/ and https://sigtest.dev.java.net/

      Only the Spec Trac Tool is closed source and available only to JCP members. Of course, this is sort of a mute point since all three TCK components are needed to pass the compatibility test. However, it is an important point lest one get the impression that Oracle simply wants to protect their proprietary TCK, when a good portion of it was contributed by the open source community. It is interesting however that Sun obtained the patents in question (not Oracle) and never tried to enforce them against Google, then Oracle comes along, buys Sun and immediately goes after Google. Some might think that puts Oracle in the unsavory position of being a patent troll. Oracle's current stance on dropping the field-of-use restrictions is inconsistent with their stance a couple of years ago when they supported Apache's request to Sun to have them lifted.

      Also,

      only available under the condition that you don't release your clean-room implementation of Java as open source

      is not quite true. In fact, if you do develop a clean-room implementation (and assuming you were able to get TCK certification) you are forced to (via the terms of GPLv2) release your implementation under the GPLv2 license. This is where Harmony has a problem. Their (Apache) license is not compatible with GPLv2.

      --
      Sometimes the light at the end of the tunnel is the headlight of an oncoming train.
    12. Re:Sad ... by Anonymous Coward · · Score: 0

      moot point, not mute

    13. Re:Sad ... by makomk · · Score: 1

      Nope, you're not forced to release under the GPLv2. What you are forced to do is put field-of-use restrictions on your implementation. Field-of-use restrictions are fundamentally incompatible with Open Source, and particularly incompatible with the GPL and other copyleft licenses.

    14. Re:Sad ... by Anonymous Coward · · Score: 0

      Agreed. Oracle is going to squeeze more money out of Java, but it's alive and Sun isn't.

      I just hope they don't start limiting the JVM since there's already talk of Java Free and Paid.

    15. Re:Sad ... by mswhippingboy · · Score: 1

      Nope, you're not forced to release under the GPLv2. What you are forced to do is put field-of-use restrictions on your implementation. Field-of-use restrictions are fundamentally incompatible with Open Source, and particularly incompatible with the GPL and other copyleft licenses.

      Seems to me, you're splitting hairs. Technically, GPLv2 requires that any code you release must not put further restrictions on your license beyond that of the GPLv2 - tanamount to saying you must release your code under GPLv2 or a compatible license.

      This is directly from section 2b of the GPLv2 license for OpenJDK
      b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
      (bolding mine).

      This can be found at
      http://openjdk.java.net/legal/gplv2+ce.html

      Rather than attempt to rehash the details in this post (which usually leads to misstatements, which lead to further objections from readers, and so on and on), one of the previous posts provided a link which, I believe, gives a fairly straightforward, easy to understand treatment of the topic.

      http://skife.org/java/jcp/2010/12/07/the-tck-trap.html

      --
      Sometimes the light at the end of the tunnel is the headlight of an oncoming train.
  2. The Sun has Set by Anonymous Coward · · Score: 1

    I hate seeing the Java community tear itself apart like this, internal rifts have now become vast canyons thanks to the demise of Sun and the acquisition by Oracle.

    Don't get me wrong, the tinder was plenty dry in the Java world but recent events have poured on the gasoline.

    1. Re:The Sun has Set by bberens · · Score: 4, Insightful

      I work at a nearly pure Java shop and last week attended a Java technology related conference (not run by Oracle/IBM). Not one single person there or at my work seems particularly concerned about the future of Java. If for some silly reason Java 6 was the last version of Java ever released I'm pretty sure I'd be writing code for the platform for the next 10 years and it wouldn't be the end of the world.

      --
      Check out my lame java blog at www.javachopshop.com
    2. Re:The Sun has Set by Midnight+Thunder · · Score: 2

      I hate seeing the Java community tear itself apart like this, internal rifts have now become vast canyons thanks to the demise of Sun and the acquisition by Oracle.

      Don't get me wrong, the tinder was plenty dry in the Java world but recent events have poured on the gasoline.

      It also possible that this is case of the distrust of Oracle is far greater than that of Microsoft. Its possible that we are all being too reactionary, for something that is simply not that bad, but because we are talking about Oracle we need to look and the facts with more care and see what really is at play here.

      --
      Jumpstart the tartan drive.
    3. Re:The Sun has Set by tomaasz · · Score: 2

      The question is not if Java is going to disappear in those 10 years or not. Of course not. The question is whether or not Java is going to go the way of the mainframe: still alive and doing well and making tons of money, but also a niche, certainly not taught in schools and only a matter of time for it to be replaced by a compatible and cheaper technology. By cheaper here I mean cheaper programming labour - something that IS taught in schools, so it's easy to recruit 100s of people to throw at a problem.

    4. Re:The Sun has Set by Anonymous Coward · · Score: 0

      I work at a nearly pure Java shop and last week attended a Java technology related conference (not run by Oracle/IBM). Not one single person there or at my work seems particularly concerned about the future of Java. If for some silly reason Java 6 was the last version of Java ever released I'm pretty sure I'd be writing code for the platform for the next 10 years and it wouldn't be the end of the world.

      Funny, that's what I heard COBOL programmers say over two decades ago.

  3. FTA by MrEricSir · · Score: 1

    This breach of the JSPA was begun by Sun Microsystems in August of 2006 and is a policy that Oracle explicitly continues today.

    Larry & friends aren't strictly to blame for this one.

    --
    There's no -1 for "I don't get it."
    1. Re:FTA by interval1066 · · Score: 1

      Is this another "McNealy SNAFU", or is blaming him too easy?

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    2. Re:FTA by DrJimbo · · Score: 4, Insightful
      Perhaps not strictly to blame but certainly a truckload more hypocritical. Before buying Sun, Oracle was complaining about the very policies it is now trying to enforce. Furthermore, regardless of who started this idiocy (of subverting the TCK, which was by contract ( JSPA) a strictly technical hurdle, into being an excuse to re-write the licensing terms in the JSPA), it is now entirely in Oracle's hands.

      If you are implying that Apache has some anti-Oracle grudge, I think the conflict probably started after Oracle launched the first-strike by suing Google over its use of Apache's Harmony in Android (and other stuff. Oracle is being represented by BS&F who mastered the art of being unspecific when they represented SCO vs. the Free world). If Oracle hadn't violated the terms of the JSPA, their law suit against Google would have had no merit because according the JSPA, Apache was supposed to get an irrevocable, license to the very copyrights and patents Oracle is suing over.

      If I had to dole out blame I would give 2% to Sun and 98% to Oracle.

      --
      We don't see the world as it is, we see it as we are.
      -- Anais Nin
  4. TCK license by oldhack · · Score: 1

    What are the restrictions on the TCK license? I RTFA (and its linked pieces) but it doesn't seem to spell out the specifics.

    --
    Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
    1. Re:TCK license by robmv · · Score: 4, Informative

      a good explanation at Stephen Colebourne's blog

    2. Re:TCK license by goofy183 · · Score: 1

      I don't have the exact language but it is a "Field of Use" restriction such that any implementation that uses the TCK must stipulate in its license that it cannot be used in embedded systems and a few other places. That sort of restriction is not compatible with the Apache license or really any other OSS license from what I've read. Essentially that FoU restriction was added to specifically prevent a competing open source Java implementation, specifically Harmony since it isn't like writing a TCK compliant Java implementation is a trivial task and there were going to be a ton of Java implementations diluting the space.

    3. Re:TCK license by medv4380 · · Score: 1

      Well First I think the summary at least has the name of the TCK wrong. I was under the impression that it was called the Technology Compatibility Kit, but I and wiki could be wrong. In part the TCK puts patent restrictions on the developer. The major restriction that you get is you cant make your JVM that works on a mobile platform, like a cell phone. This is actually the main sticking point but I'm sure there are lots of other restrictions as well.

    4. Re:TCK license by oldhack · · Score: 2

      Thanks. Looks like two sticking points:

      - Replacement JVM, like Apache Harmony, disallowed through definition of "product"
      - Can't be used in embedded, phone, etc.

      Dang, I hate IP/legal issues.

      --
      Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
    5. Re:TCK license by bberens · · Score: 1

      Wouldn't be so bad if J2ME wasn't absolutely HORRIBLE on any platform I've coded for it on.

      --
      Check out my lame java blog at www.javachopshop.com
  5. Re:FP? by Anonymous Coward · · Score: 1

    It's about a programming language that everyone pretended was an open standard, and the reactions of various parties upon discovering that it isn't.

  6. Apache is out of the JCP only by lehphyro · · Score: 4, Insightful

    We'll still get great java and other JVM based language libraries from Apache.

    1. Re:Apache is out of the JCP only by durdur · · Score: 2

      True, but maybe not a JDK (Harmony). Also, ticking off one of the largest organizations using, developing, supporting and popularizing Java applications, can't be good for the future of the platform.

    2. Re:Apache is out of the JCP only by VGPowerlord · · Score: 3, Informative

      Also, ticking off one of the largest organizations using, developing, supporting and popularizing Java applications, can't be good for the future of the platform.

      Two... you forgot Google.

      Actually, I wonder if Google will leave the JCP as well.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    3. Re:Apache is out of the JCP only by smartr · · Score: 1

      I doubt VMWare (which owns SpringSource) is very happy on the matter.

    4. Re:Apache is out of the JCP only by rdean400 · · Score: 2

      I dunno.... Many specs are greatly helped by the presence of Apache members on the expert group. This isn't going to happen anymore. Apache didn't just resign from the EC, they resigned from the JCP itself and pulled all of their EG members.

    5. Re:Apache is out of the JCP only by Anonymous Coward · · Score: 0

      If there Java Specification Participation Agreement is being breached by Sun/Oracle, I hope Google does not simply leave the JCP, but retaliate with legal action. We know Apache will not do that because as an open source foundation legal attacks is not in their DNA, and still that will be expensive, but after that attacks from Oracle to the OSS community including Android, Google should definitely do it

    6. Re:Apache is out of the JCP only by tpv · · Score: 1
      VMWare voted Yes to the Java 7 JSR, without even registering a comment.

      On 2010-12-05 VMWare voted Yes with no comment.

      If they're not happy, then too bad. They made their own bed.

      --
      Read more of this story at Slashdot.Read more of this story at Slashdot.Read more of this story at Slashdot.
    7. Re:Apache is out of the JCP only by MemoryDragon · · Score: 1

      That situation is unclear, how this will be handled, a mail went out to all committers yesterday with following message:

      This action has little impact on existing ASF projects. The board reiterates its commitment to all Apache projects that implement Java specifications. There is nothing being considered that would require any Apache project to stop what it is doing based on the JCP crisis. Projects that currently license TCKs will continue to do so. If maintenance leads for JSRs propose to change the terms of license for existing TCKs then Apache will vigorously lobby against these changes. New projects will continue to be considered on their merits and on the appropriateness of the proposed licenses

      So I am not entirely sure what this all means. I guess for now business as usual, except that the EG members are being pulled from their status, if at all.

  7. Re:FP? by Anonymous Coward · · Score: 0

    No, it's not about that at all, actually. It boils down to IBM vs. Oracle.

  8. Somebody should tell us what this really means by bogaboga · · Score: 1

    Here's my appeal: I would like to know what this really means for Java, Dalvik and of course Android. A good, balanced and sensible analysis will be appreciated.

    1. Re:Somebody should tell us what this really means by Delirium+Tremens · · Score: 3, Interesting

      It means that Oracle controls Java on embedded devices. Google can not take Harmony and have it run its Java apps in the next Android OS. Instead, Google has to say Pretty Please to Oracle first, and then buy the binary or source code license from them.

    2. Re:Somebody should tell us what this really means by mswhippingboy · · Score: 4, Interesting

      For Java, it means what has been speculated all along has now been confirmed, that Java is NOT an open standard and is in fact controlled by one company, Oracle. This was of course, the same situation while under the control of Sun, but Sun was a bit less "evil" in that they did not enforce the restrictions. Not surprisingly, Oracle is a different beast. It's too early to tell what the long term implications will be, but a lot has to do with the outcome of the Oracle/Google case.

      This of course, brings us to Android. Depending on the outcome of the Oracle/Google legal maneuvering, Android could be killed off (or retooled to remove Harmony from the equation), or Oracle's restrictions and/or patents could be vacated. Most likely the result will be something in between, where Android lives on, but is subject to the indirect control of Oracle. Of course, the IDEAL situation (the one I'm rooting for) is that Google wins. This would, in effect free Java from Oracle's greedy control and allow Android to develop into the truly remarkable platform it has the potential to become.

      (Disclaimer: IANAL nor a tech analyst and I have no particular insight, other than I tend to follow this story, so my views are my own as a simple small time developer).

      --
      Sometimes the light at the end of the tunnel is the headlight of an oncoming train.
    3. Re:Somebody should tell us what this really means by JSBiff · · Score: 4, Informative

      Well, for Dalvik (and thus Android), there's a legal dispute between Google and Oracle about whether Dalvik infringes Java patents. As far as I know, copyrights are not in dispute. Google says Dalvik is not Java. If Dalvik is not Java, then the issues surrounding the JCP and TCK are completely irrelevant to Google, because Dalvisk is not Java. There's one other bit of important trivia: "Desktop" Java is nominally open-source. "Mobile" Java is a proprietary product which Sun/Oracle licensed to handset makers with somewhat traditional licensing fees.

      The TCK is a conformance test that a JVM which wants to call itself "Java" and be officially 'blessed' by Oracle (and thus, immune from patent and copyright lawsuits) has to pass, and I believe that Sun and now Oracle charge developers a LOT of money to get and use the TCK. Thus, to have an official "Java" implementation, even though you don't have to pay for a license from Sun/Oracle because it's nominally open-source, really isn't free, because you can't be "Java" unless you pay up for the conformance test and then pass it. (Which, in my mind, means that Java fails the basic criteria for being open source - it's not really freely licensed, it's only licensed contingent upon passing the TCK which you must pay for).

      If Oracle prevails in the Google lawsuit, it may be able to force Google to declare that Dalvik is Java, pay for the TCK, pass the conformance test, and additionally pay for Java "Mobile" licenses (or perhaps, that burden will be passed on to the handset makers, since the handset makers are more the 'point of sale' - e.g. I don't believe Google gets per-handset licensing revenue for Android, they make their money off of the tight integration of built-in apps with Google's advertising supported search and web services). Or, Oracle might settle for allowing Dalvik to be "Not Java", but demand a patent licensing fee from Google or handset makers for use of their patents, but acknowledge Dalvik as a seperate, derivative technology.

      If Google prevails, and the courts don't find that they've violated any patents, then this Apache/Oracle JCP thing means absolutely nothing to Google, Dalvik, or Android. Dalvik will continue to be "Not Java".

    4. Re:Somebody should tell us what this really means by h4rr4r · · Score: 2

      Or hopefully use a different language and not pay Oracle a dime. Use python or go or something.

    5. Re:Somebody should tell us what this really means by ADRA · · Score: 1

      I am not a member of the JCP, but in my eyes, it was established so that solutions vendors for things like Application servers or other tools use to enhance the Java language/platform were done with everyone's best interests at heart.

      It was meant to:
      1. Reduce the number of competing platform standards so that vendors and developers can focus on making the best products that fulfill a standard set of tools / features (J2EE, Struts, etc..)
      2. Allow external parties besides Sun to make an impact on how the Java language/platform would evolve over time

      This debate in the JCP has sadly been dragged out for so long that it makes many question if the JCP has any hope of functioning as an open steering body for an open language/platform when a single dominant vendor has effectively veto powers over anything that is or could be decided in the committee. The field of use restriction on the TCK just solidifies the business realities of Sun (now Oracle) trying to freeze competition away from areas that they were actually making money with Java.

      My suggestion:
      1. Release OpenJDK as it is, and pretty much leave it unfettered. Don't invest a ton into the really high end features like high performance clustering etc. Release the super JVM as a paid offering or bundled with Weblogic, etc.. whatever. They can even release a Dalvik version of the JVM since they have such a rich set of experience making Java fast on desktops.
      2. Make the TCK available so that any implementation of the Java platform can legitimately pass the spec (Android would still fail, but then...)
      3. Sign whatever kind of deal necessary to get Oracle and Google on the same page with one another on the -Java- platform again. My suggestion would be to add a new device profile for android and allow both companies support in steering the platform. Maybe just having the platform supported through a -functional- JCP or through open handset would be a good place to go with it.

      --
      Bye!
    6. Re:Somebody should tell us what this really means by Anonymous Coward · · Score: 0

      This is really well stated, but I don't know of any attempt by Oracle to call Dalvik Java. Instead, Oracle is just stating that Dalvik violates their patents, much the same way that Sun got after Microsoft for violating patents with C#. Dalvik will _never_ pass the TCK, since it is a cut down, mobile implementation of "not-java"--something the TCK is specifically designed to prevent.

    7. Re:Somebody should tell us what this really means by nickmalthus · · Score: 2

      Maybe google will now seriously invest in developing a new language that delivers on the promise of openness that sun/jcp always talked about but never delivered upon. Of course there is always c++

      --
      If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be-T J
    8. Re:Somebody should tell us what this really means by oh_my_080980980 · · Score: 1

      Google doesn't give a flying fuck about Java. They only used Java developers for the apps. They are implementing their own language which will be used to develop for Android.

    9. Re:Somebody should tell us what this really means by JSBiff · · Score: 1

      Why not Python?

      Portable Bytecodes? Check
      Open-Source? Check
      Open-governance? Check
      Easy to learn? Check
      Good performance? Check

      Is there something wrong with Python that a new language is necessary?

    10. Re:Somebody should tell us what this really means by Anonymous Coward · · Score: 0

      Is there something wrong with Python that a new language is necessary?

      Yes, whitespace should never be syntactically significant.

      It also doesn't have a Wirth-ian syntax, so it's got a different learning curve. My exposure to Python is that it's crap.

    11. Re:Somebody should tell us what this really means by ChunderDownunder · · Score: 1

      Android isn't striving for compliance, so Apache's spat with Sun about Java SE compatibility has absolutely no impact.

    12. Re:Somebody should tell us what this really means by JSBiff · · Score: 1

      "Yes, whitespace should never be syntactically significant."

      Well, ok, I can buy that argument. I've not programmed much in Python, yet. It looked like an OK language, but I have often wondered how many hard-to-debug errors might arise because of improper indenting.

    13. Re:Somebody should tell us what this really means by Anonymous Coward · · Score: 0

      Are you people intentionally stupid.

      Are you intentionally an asshole? This is at least your second post in this thread which would indicate so.

    14. Re:Somebody should tell us what this really means by SanityInAnarchy · · Score: 1

      Citation needed.

      Unless you're claiming Android isn't currently based on Java?

      --
      Don't thank God, thank a doctor!
    15. Re:Somebody should tell us what this really means by Anonymous Coward · · Score: 0

      Don't care about Wirth's syntax; it shouldn't take any decent programmer more than a weekend to get accustomed to other variants.

      However, I am flabbergasted that anybody puts up with how Python deals with whitespace. Who thought that could EVER be a good idea? No matter how many good features Python may have, that ridiculous design kills the language.

    16. Re:Somebody should tell us what this really means by mswhippingboy · · Score: 2

      While resorting to name calling is the sign of a weak mind and/or weak argument, it's apparent from the rest of your post that you, my friend are the one with an intelligence deficit.
      For that reason, I'll spell this out as if you were completely clueless (which nothing in your post would indicate otherwise).
      You are wrong on so many levels, it's hard to know where to start, but I'll give it a shot.

      First, Java was not a temporary measure for Android. Among other things, Java is a computer language. Android applications are written in the Java language. Even if Google declares Go the "blessed" language for developing on the Android, they will continue to support Java since nearly all applications up to that point will have been written in Java.

      Second, Android is open-sourced (under the Apache license) and is not owned by Google. While they do have a great deal of control over it (mostly by way of their dominant influence in the project), they are part of the Open Handset Alliance which controls the project.

      Third, while I will grant you, Google does not need Java (however you defined "need" here), a statement like "Google does not like Java" is a completely nonsensical statement. I don't even know what it means for a corporation to "like" something. Google adopted the Java language because it immediately gave them an immense base of software already written that could be ported to the Android platform. Google's continued development and investment into the platform (Android SDK, GWT, acquisition of Instantiations) show no sign of abating.

      Fourth, Google's response (to the Northern California District Court) regarding the Oracle suit makes the following points:
      The patents weren’t valid
      Android didn’t infringe on the patents
      The patents had been open-sourced
      Oracle waited too long to bring the suit, and
      Oracle has no right to sue since it’s not being damaged by Android.

      What part of "The patents weren't valid" do you not understand?

      Fifth, as far as their "own" language (Go), only time will tell how popular it becomes.
      According to the Tiobe index ( http://www.tiobe.com/index.php/content/paperinfo/tpci/index.html ), which tracks computer language popularity, in 2009 Go had just surpassed Pascal in popularity moving to #15, but in 2010 it has dropped to #25. Java has been #1 since the index started (in 2002) and it's rating increased again in 2010 by 0.14%. If Go is to replace Java, it' better get "go"ing.

      Finally, my advice to you is to see a therapist about your obvious superiority complex.

      --
      Sometimes the light at the end of the tunnel is the headlight of an oncoming train.
    17. Re:Somebody should tell us what this really means by alexborges · · Score: 0

      Good programmers dont go crying to mama when they have to learn a few tricks.

      --
      NO SIG
    18. Re:Somebody should tell us what this really means by alexborges · · Score: 1

      Thats all okay, but I would point out that the complex, if any, would be of inferiority and not of superiority.

      --
      NO SIG
    19. Re:Somebody should tell us what this really means by Anonymous Coward · · Score: 0

      The answer is "None". Probably. I certainly haven't had any.

    20. Re:Somebody should tell us what this really means by Requiem18th · · Score: 2

      I develop a lot in python, and can tell you that no you don't see many bugs due improper indenting, at most it requires some manual adjusting to fix someone's code if he doesn't indent like the rest of the team, as long as everybody in you team uses the same indentation (which is why a 4 spaces community standard exists regardless how you feel about spaces) you shouldn't get any problems.

      --
      But... the future refused to change.
    21. Re:Somebody should tell us what this really means by mswhippingboy · · Score: 1

      Most (if not all) of Oracle's patent infringement claims are directed to the Dalvik VM. This has nothing to do with the language used. In fact, if you like Python, you can use Jython on the JVM (and hence on the Dalvik VM) today. Same goes for Ruby (JRuby), Elang (Eljang) as well as several other languages.

      --
      Sometimes the light at the end of the tunnel is the headlight of an oncoming train.
    22. Re:Somebody should tell us what this really means by DragonWriter · · Score: 1

      Well, for Dalvik (and thus Android), there's a legal dispute between Google and Oracle about whether Dalvik infringes Java patents. As far as I know, copyrights are not in dispute.

      As well as claiming patent violations, Oracle alleges that Google illegally copied copyright-protected Oracle code. Whether there is any substance to those allegations I couldn't say.

    23. Re:Somebody should tell us what this really means by Anonymous Coward · · Score: 1

      Google does not need Java. Hell Google does not like Java.

      As a Google employee, I think you're the idiot here. We use Java for almost everything internally (Search, AdWords, Gmail, YouTube, Android etc.). In fact, I think you'd be hard pressed to find a company that uses more Java than us. The vast majority of programmers at Google are working on server side Java applications...

    24. Re:Somebody should tell us what this really means by squiggleslash · · Score: 2

      They can even release a Dalvik version of the JVM

      Just an FYI: That's a little like saying "They can release a Python version of C" or "They can release a Windows version of Unix."

      Dalvik implements an entirely different, incompatible, virtual machine system to a JVM. Yes, you can compile programs written in the Java programming language to Dalvik codes (and like a JVM, the Java programming language is the primary development language for Dalvik systems), but the same is true of .NET (the name of the Microsoft's implementation of the Java programming language for .NET is J#)

      --
      You are not alone. This is not normal. None of this is normal.
    25. Re:Somebody should tell us what this really means by JSBiff · · Score: 1

      Yeah, Except why would Google want to keep Dalvik if it infringes Java patents? If you're replacing one VM with another, why not the Python VM? If they can do Python to Java Bytecodes, why not the other way round? Then people who hate Python's syntax could keep developing in the Java language with the Python VM, and you probably could also get a pretty big level of backwards compatibility.

    26. Re:Somebody should tell us what this really means by Anonymous Coward · · Score: 0

      Finally, my advice to you is to see a therapist about your obvious superiority complex.

      IMHO, he strikes me as more intelligent than you.

    27. Re:Somebody should tell us what this really means by mswhippingboy · · Score: 2

      Yeah, Except why would Google want to keep Dalvik if it infringes Java patents? If you're replacing one VM with another, why not the Python VM? If they can do Python to Java Bytecodes, why not the other way round? Then people who hate Python's syntax could keep developing in the Java language with the Python VM, and you probably could also get a pretty big level of backwards compatibility.

      The patents in question could just as easily apply to a Python VM. If it were that easy, Google could just rewrite the "patent offending" portions of the Dalvik VM (assuming there are any). The Dalvik VM is drastically different than a standard JVM (i.e. Dalvik is register based while JVM is stack based, Dalvik uses a drastically different executable format, very much unlike the JVM class format, etc). The problem is that the patents are broad enough that they can apply to nearly any VM.

      The main point I was trying to make is that the source language is not at issue, it's the VM. Whether it's a Python or Java compiler that generates the byte-code is immaterial to the issue.

      --
      Sometimes the light at the end of the tunnel is the headlight of an oncoming train.
    28. Re:Somebody should tell us what this really means by Anonymous Coward · · Score: 2, Insightful

      > Good performance? Check

      Holy. Freaking. Crap. Seriously? Maybe when compared with shell scripts, but speaking as an 8-year python developer, I can tell you python is slow as all hell. Even Ruby outruns it now, no kidding. It also makes Java look lean with the amount of memory it takes up. It's a pretty decent language, but those are a dime a dozen.

      Google does have unladen which does speed it up a bit, but there are pieces of the Python language specification that are simply actively hostile to being optimized because they assume a level of mutability in the object model that is "the definition of anything could change at any time for any reason". It doesn't typically happen that way, but the core language is still designed around binding so late it can never be optimized away.

      I see Google going with an enhanced Javascript VM before adopting Python.

    29. Re:Somebody should tell us what this really means by Anonymous Coward · · Score: 0

      It's horribly fucking slow and lacks threading support for starters.

    30. Re:Somebody should tell us what this really means by ewe2 · · Score: 1

      As I see it, Oracle has abused it's own open standards process to control the biggest new segment of the Java client market, smartphones. This obviously affects Android and Dalvik. Unfortunately, that's also the case for the crucial server end member, ASF. ASF now has no reason to support the roadmap for Java clients, and Oracle can also refuse to accept the requirements of ASF projects. Oracle probably has a strategy for this, for example using networking effects to force ASF to implement extensions, but whatever the result, you're looking at a fragmented Java standard again, ie square one.

      --
      insecurity asks the wrong question irritation gives the wrong answer
    31. Re:Somebody should tell us what this really means by MemoryDragon · · Score: 1

      Problem is less the vm, there are other VMs which are basically good enough, Dalvik, Parrot whatever, even Harmony has its own clean room vm which could be changed to a different bytecode. The problem is more along the lines of Patents and APIs even if you do an entire refactoring of the APIs there are still the patents you have to defend in a courtcase and besides that given the reliance of millions of lines of code towards the official java APIs an entire rewrite of the java and jee ecosystem is hard and takes years, you might shortcut some of the stuff by dropping jee apis and going for springsource stuff, but either way, it took Microsoft 10 years to clone JEE up to the level to be usable a rewrite of the existing codebase might take at least 5 years.
      But either way this thing is entirely about Dalvik for now not, JEE, so lets see where things are heading. Oracle did a lot to hurt java lately, although java will not dissapear, but the entire thing reminds me on the Unix wars of the 80s which gave rise to Microsoft and others and in the end almost killed Unix. Or the entire Parcplace Smalltalk fiasco which killed the entire Smalltalk market. Java is too entrenched in the modern ecosystem, so none of this will happen but it could give a boost to a third party.
      Microsoft is probably currently lauging out loud.

    32. Re:Somebody should tell us what this really means by Anonymous Coward · · Score: 0

      Java is very important to Google, but you don't need to exaggerate to prove your point.

      C++, Java, and Python are the big three languages used for nearly everything except configuration. Java probably wins for lines-of-code, but C++ wins for total computational resources running at any given time. It makes sense to write complex business logic in Java, or servers with complex logic but low-to-moderate QPS. However, for efficiency at high QPS or for low-level infrastructure, C++ is still the language of choice.

      With Python for glue and rapidly-developed internal services, the language choices are quite pragmatic, using each language for what it is best at. The combination also covers the application space well while keeping the count low enough that a developer can learn them all.

      I suggest using your 20% time to find out about more projects and broaden your experience.

    33. Re:Somebody should tell us what this really means by ADRA · · Score: 1

      Sun (Oracle) has done a lot of really brilliant work with the JVM over the years, and there's no reason that they can't do the same for a bytecode that is practically identical when it comes to instruction sets and development use behavior. There would need to be features added and some features re-tuned, but that doesn't mean that it can't be done or that there isn't any synergy between the two products. There's only going to be so many ways of JIT optimizing common operations, and if Oracle's already done it, they just have to write the heuristic detector for the Dalvik bytecode instead of the classfile formats.

      I see that they're just adding a concurrent GC into Dalvik (which is great) that has been in the JVM for years (though admittedly less important for systems with single cores). What I'm trying to say is that Oracle now has the expertise to make great language VM's and they can actually sell their expertise to those who want to pay for it. If that means that we still get a well performing and improving JVM for years to come then great for us all.

      PS: There was a Windows version of UNIX, it was called SFU (Services for UNIX) which is a kernel mode API interface layer that generally mimics some variant of UNIX. I never saw it as being very popular, but its in every new Windows server shipped... Cheers

      --
      Bye!
    34. Re:Somebody should tell us what this really means by otakuj462 · · Score: 1

      For many benchmarks, v8 is pretty fast compared to CPython: http://shootout.alioth.debian.org/u32/benchmark.php?test=all&lang=v8&lang2=python

    35. Re:Somebody should tell us what this really means by robot_love · · Score: 1

      My thoughts exactly. Only an idiot doesn't use a language that would multiply his productivity 10-fold because he doesn't like white space.

      It's like refusing a night with Natalie Portman because the hot-grits she's covered in could really have used more salt.

      --
      .there is enough of everything for everyone.
    36. Re:Somebody should tell us what this really means by Anonymous Coward · · Score: 0

      It's not productive to say "whitespace should never be syntactically significant" without an explanation on why that is so. Without an explanation, you're just reciting dogma, and reciting dogma hasn't ever done much to advance society. It's also convenient to your point: I can argue with whatever your "why" reason is, but I can't really argue with fact-less statements like that.

      I can, however, make a point (with evidence to back it up): Wirth-ian syntax makes others' code harder to read. The ability to put braces anywhere to denote block structure gives rise to many variants of "correct" syntax for how to do things like if / else if / else blocks, try / except statements, etc. What I stare at day-in and day-out may not be what you code in (in fact, it probably won't be), and then reading your code becomes more challenging if it's not just like mine.

      Oh, and I also love the bug where you put a { where you meant }: you'll just get an "unexpected EOF" compiler error. Good luck finding that one.

      The solution to this is to standardize your code syntax (K&R format, etc). But if you're doing that, why not just have the compiler enforce your coding style? The more it knows about what you intended, the more it can flag for you. And if you're willing to do that, it might as well point out whitespace errors where you did something you didn't intend. Python basically does exactly that. and, because everyone's code is indented the same (and coded similarly, as everyone seems to adopt at least some elements of PEP 8), reading others' code is quite easy.

      Yes, Python has a different learning curve. An easier one.

      And of course, not all whitespace is syntactically significant, just that for indentation. Which, when I code Python, I find completely unobtrusive as indentation is good anyhow.

      Reading your post, I can also see that you never gave Python an honest try before assuming it's crap. That makes me think you don't know whether it is or not. Give it a try and report back, or at least look up why whitespace should never matter to syntax and explain.

  9. Re:FP? by VGPowerlord · · Score: 1

    No, it's not about that at all, actually. It boils down to IBM vs. Oracle.

    Not any more... IBM has sided with Oracle against Apache (and, by extension, Google).

    --
    GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  10. It has begun...barely by sticks_us · · Score: 1, Interesting

    We're living in interesting times. It's obvious Oracle isn't going to be cutting people a whole lot of slack, here.

    Maybe we should start taking bets on:

    a) When Oracle starts requiring a per-core license for production JVMs, and
    b) How many $$ per core that will be?

    This might play into their strategy. We know they're putting some heat on Google, but maybe a move like this would buy them some leverage, say, against Salesforce.com (with whom they're engaged in an emerging, but heated battle)

    --
    "Beware of bugs in the above code; I have only proved it correct, not tried it." -- Donald Knuth
    1. Re:It has begun...barely by gstoddart · · Score: 4, Funny

      Maybe we should start taking bets on:

      a) When Oracle starts requiring a per-core license for production JVMs, and
      b) How many $$ per core that will be?

      a) Real Soon Now
      b) The square of the processor speed as expressed in Hz.

      --
      Lost at C:>. Found at C.
    2. Re:It has begun...barely by increment1 · · Score: 1

      Oracle is very likely to always continue to release a free JDK / JVM. They have already stated this (along with mentioning that they will also continue to release their for pay JVM).

      While Oracle may seem heavy handed with Java at the moment, it is worth noting that Oracle needs Java to continue to succeed. How many ASP / C# shops do you know that use an Oracle backend? Probably a lot less than the ones that use MSSQL. Oracle cannot afford for Java to be completely eclipsed by MS offerings, so they will not kill Java, rather they will push it to maintain pace with any other server side development environment.

      On the other hand, they will extract money from big players where they think they can get it, which is why they go after Google and mobile implementations. The mobile market is not using any Oracle products, so it is not profitable to them unless they make money from it via licensing.

  11. Tomcat? by pak9rabid · · Score: 1

    So, does this mean we won't be seeing any new versions of Tomcat?

    1. Re:Tomcat? by teknopurge · · Score: 1

      No, we'll still get tomcat goodness. There have been murmurs for a while about a massive fork taking place where everyone runs for the openjdk projects and ditches the reference implementations. Changing the licensing on Java toward the end of Sun's lifespan was the best thing that would have happened for the future of Java innovation.

    2. Re:Tomcat? by gstoddart · · Score: 2

      So, does this mean we won't be seeing any new versions of Tomcat?

      Last I checked, you can run Tomcat with the Sun, er, Oracle JDK.

      This seems to be more about alternate implementations of the JVM itself, though, the more Oracle craps all over everybody else, the more I fear some of the goodness about using Java will evaporate.

      --
      Lost at C:>. Found at C.
    3. Re:Tomcat? by gstoddart · · Score: 1

      Changing the licensing on Java toward the end of Sun's lifespan was the best thing that would have happened for the future of Java innovation.

      Or, quite possibly the worst -- if we end up with a bunch of incompatible JVMs, and Oracle screeching that you're not allowed to have OpenJDK because it violates their license ... well, then Java as a viable platform would be largely toast, wouldn't it?

      --
      Lost at C:>. Found at C.
    4. Re:Tomcat? by sticks_us · · Score: 1

      Is there a chance they'd try to monetize the J2EE/JEE container market (hey, they're holding the still-warm corpse of BEA) by being deliberately opaque with their JEE specifications?

      Or at least, trying to extort or marginalize free/libre implementations as much as possible?

      --
      "Beware of bugs in the above code; I have only proved it correct, not tried it." -- Donald Knuth
    5. Re:Tomcat? by gstoddart · · Score: 3, Informative

      Is there a chance they'd try to monetize the J2EE/JEE container market (hey, they're holding the still-warm corpse of BEA) by being deliberately opaque with their JEE specifications?

      It's Oracle, of course they will.

      Or at least, trying to extort or marginalize free/libre implementations as much as possible?

      Well, following a link that another poster so graciously provided, it would seem that:

      To be honest, I'm surprised that the TCK license for Java SE 7 still contains any pretence that it can be implemented in open source by anyone other than Oracle. At least the restrictions are clear (and I suspect, but cannot prove, that very similar restrictions were offered for Java SE 5 in the Sun/Oracle vs Harmony dispute).

      .
      Earlier up in the page, he says:

      The definition of a "product" contains what looks like an unusual part (highlighted). It appears that a "product" must meet three criteria beyond the basic ones:

              * "have a principal purpose which is substantially different from a stand-alone implementation of that specification"
              * "represent a significant functional and value enhancement over any stand-alone implementation of that specification"
              * "not be marketed as a technology which replaces or substitutes for a stand-alone implementation of that specification"

      I believe that Apache Harmony would fail all three of these tests (were the project to try and implement this JSR, which they probably won't). Since a "stand-alone implementation" would be OpenJDK/OracleJDK, the principal purpose of Harmony is clearly the same (not substantially different), Harmony does not offer significant functional enhancement, and Harmony would be marketed as a replacement for OpenJDK/OracleJDK.

      So, what I read is that Oracle basically wouldn't allow anybody else to make a JVM if its sole purpose is to be a replacement for the Oracle one.

      So, yes, I think everything you ask is likely true.

      --
      Lost at C:>. Found at C.
    6. Re:Tomcat? by Massacrifice · · Score: 1

      I can live with a fork. I can live with OpenJDK on production servers. I can live with having to _port_ an OpenJDK-bound program to OracleJava for the sucker corporations who require it. I can live with Larry Ellison choking on his 10000$ per core reference implementation til he shits his Armani pants.

      The Java community is much closer to Apache than to Oracle. Has most always been. The community has been developping it's own solutions before the official ones. And they're better, too. e.g : Log4J vs Java Logging. Spring/Hibernate vs EJB. etc. On a few rare occasions, Sun even had the common sense of officializing the community projects, like concurrent-utils.

      The only question remains, how cleanly will lawyers let us do that fragmentation? If Oracle gets too greedy, or if the process take too long, we will certainly move on to another platform.

      --
      -- Home is where you eat your heart out.
    7. Re:Tomcat? by VGPowerlord · · Score: 1

      Is there a chance they'd try to monetize the J2EE/JEE container market (hey, they're holding the still-warm corpse of BEA) by being deliberately opaque with their JEE specifications?

      How? Apache's problem with the license aside, the specs for JSE/JEE components are all spelled out in their respective JSR documents. As far as I'm aware, the interface files are distributable by third parties... since said interfaces only contain method signatures, this is hardly a surprise.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    8. Re:Tomcat? by sticks_us · · Score: 1

      Interesting. Good points (and you made some good ones upthread).

      So, stir in some dual-license JDKs and Oracle's set to shakedown the entire Java programming industry.

      Let us never think RMS wasn't eerily prophetic with his Java Trap warnings back in 2004!

      --
      "Beware of bugs in the above code; I have only proved it correct, not tried it." -- Donald Knuth
    9. Re:Tomcat? by VortexCortex · · Score: 2

      If Oracle gets too greedy, or if the process take too long, we will certainly move on to another platform.

      Oracle's already too greedy, and progress impeding, IMO.

      I've already moved to Perl6 Parrot VM & Postgresql for my personal projects instead of Java and MySQL. I couldn't be happier! (Lets see Oracle sue Parrot as being a Java VM).

    10. Re:Tomcat? by sdiz · · Score: 1

      hm.
      I think Parrot VM performance is not good enough for production.
      Yes, there are pending optimization. But I won't deploy this on where I use jsp.

    11. Re:Tomcat? by MemoryDragon · · Score: 1

      For now the JEE parts are not affected as long as the licensing terms stay the same. Given the deep entrenchement between the various JEE EGs and Apache it is unlikely anything will change there, unless Oracle wants to really hurt itself. Lots of Oracle employees work within the Apache projects and vice versa. What however probably has happened is that Apache members which are Apache representatives are not part anymore of the JEE egs, not really that much of a deal since lots of the specification discussion already happens outside of the EGs in many projects and the EGs are mostly the final voting process.

      But I am not sure if even that has happend or if it is just the central JCP committee and with the the JDK project which is affected and the various EGs are not.
      But the entire TCK issue is completely different within the EGs of JEE they never really had TCK issues there, or only minor ones which were resolved quickly. Nobody knows if Oracle will pull another stunt there, however, they lost a lot of trust lately, but I personally think it wont happen, Oracle would have had a lot to lose by losing the ASF on the JEE front and the problems between the ASF and SUN / Oracle were always around harmony while the rest was unaffected. Have in mind the entire issue is way older than the Oracle merger, Sun has dragged the entire issue along since 2006 or longer, so Oracle just did what Sun had started and added another nail into the coffin of the JDK TCK.

  12. Background by HRbnjR · · Score: 5, Informative

    My understanding is this...

    Long before Java was GPL'd through OpenJDK, Sun was trying to claim that it was an open standard, and published specifications for the JVM, etc - kinda how Microsoft does with .NET. The dirty secret was that they also held patents on the technology, so they could still sue you for implementing their spec. If you want access to the patent grant - you can have that too, for free even, provided your implementation of Java passes the compatibility kit (TCK) tests (which disallows sub-setting). Those tests are the problem though - they are decidedly NOT open source, and you can only get access to them if you follow Sun's rules, like not building a mobile device and a bunch of crap like that. Apache (with help from IBM) has implemented those "open" specs via the Harmony project, but all the TCK rules make them mad.

    Separate from all that, Sun then went and GPL'd the whole thing as OpenJDK. You can do anything with OpenJDK that you can do with any other GPL code - an important thing to remember in all this. Rumor has it, the GPLv2 license may even grant you some implicit protection against any patents Sun has on the technology - at the very least they would have a hard time suing you for building something based on OpenJDK as long as you adhere to the GPL

    Unfortunately, Android isn't based on OpenJDK, it's based on Harmony, so it doesn't have any protection from Sun/Oracle's patents on Java (which also may apply to many virtual machines for other languages), so they are getting sued.

    1. Re:Background by t2t10 · · Score: 1

      Oracle is not bound by the terms of the GPL since they hold there copyright to the entire source. So, I'm not sure why people think that theGPL gives then any patent protection from Oracle.

    2. Re:Background by SanityInAnarchy · · Score: 1

      I'd be curious when those patents expire...

      My understanding is that US patents have a finite lifetime, so while Oracle can basically squash Java development until they expire, there's nothing that can stop OpenJDK's implementation of SE6 from being entirely unencumbered in 2026. And that's if there are patents they filed immediately on releasing SE6 -- for instance, if there are any patents from the initial release of Java, those should be gone within five years.

      Whenever the patents expire, it will be at least theoretically possible to fork Java entirely -- just pick a version of OpenJDK that's unencumbered, fork it, and work towards whatever standard and test suite you like.

      --
      Don't thank God, thank a doctor!
    3. Re:Background by alexborges · · Score: 1

      If they released as GPL, their patent claims become invalid for derivative works of *that* (and none other) release.

      --
      NO SIG
    4. Re:Background by alexborges · · Score: 1

      25 years in programming-language-development time is an eternity. PLs have been around for less than 70 years and we have thousends of them, the more popular (and even some of the least), continuosly evolve.

      Inventing a new language is cheaper than waiting 25 years.

      --
      NO SIG
    5. Re:Background by mswhippingboy · · Score: 1

      Java (OpenJDK) is licensed under GPLv2. This is a fact, and most (reasonable people) would consider this open source.

      http://openjdk.java.net/legal/

      Sun kept the field of use restrictions in place to keep anyone (e.g. Microsoft) from forking it and fragmenting the community. Unfortunately Oracle has chosen to use this to try and strong-arm Google and get their piece of the mobile market (since JavaME was such a dismal failure). Google is no saint, it's true, but in my view they are far less "evil" than Oracle.

      --
      Sometimes the light at the end of the tunnel is the headlight of an oncoming train.
    6. Re:Background by Late+Adopter · · Score: 1

      The GPL doesn't bind Oracle to any particular behavior, but it does serve as explicit and implicit permission to others for a particular class of behavior, some of which may be access to related patents.

    7. Re:Background by SanityInAnarchy · · Score: 1

      Erm, who said anything about 25 years?

      And while languages do evolve, even COBOL is still around, LISP still has features no one else does, C really hasn't changed, and C++ barely has.

      --
      Don't thank God, thank a doctor!
    8. Re:Background by shutdown+-p+now · · Score: 1

      In the world of patents, "open source" does not necessarily imply "open standard", and the latter is what GP was talking about.

    9. Re:Background by mysidia · · Score: 3, Interesting

      Oracle is not bound by the terms of the GPL since they hold there copyright to the entire source. So, I'm not sure why people think that theGPL gives then any patent protection from Oracle.

      Because the GPL'd work was created/distributed by the patent holder. When you distribute a product that contains a patented element, you cannot sue your own customer that you distributed the item to.

      When you give your customer your product, and as patent holder you give them a license (the GPL) that allows them to distribute it freely, modify, and redistribute freely, you do not enumerate which exclusive rights you are licensing. Because the GPL does not provide for listing the specific exclusive protections licensed, it only lists general rights granted by the licensor to the licensee.

      There is nothing in the GPL which states that ONLY copyrights are licensed.

      Some people might assume that the GPL only licenses exclusive rights provided by copyright law; however, there is nothing in the GPL that actually states which kinds of rights are licensed.

      One could imply, that the GPL as an agreement confers all license required by the grantor to the grantee, in order for the grantee to be able to exercise the rights the grantor claims to grant.

      For example, if you are a bank and rent out a deposit box, and your agreement with your customer states they will have keys for 24/7 access to their safety deposit box.

      That implies you can't sue your customer for "trespass" because security found them in the entrance corridor to the room with their box at 10pm one night.

    10. Re:Background by exomondo · · Score: 1

      Java (OpenJDK) is licensed under GPLv2. This is a fact, and most (reasonable people) would consider this open source.

      open source != open standard

    11. Re:Background by Anonymous Coward · · Score: 0

      Not really clear, Harmony is not (yet) part of the allegations by Oracle, but what Dalvik (machine compiler, rather than a VM compiler) is doing, and how they are handling classpath. Oracle could try expanding their

    12. Re:Background by Anonymous Coward · · Score: 0

      It's Common Lisp that has features no one else does. As a finished spec, it's younger than Java.

    13. Re:Background by Anonymous Coward · · Score: 0

      1) a subset of .NET and the C# language have been published as ECMA standards. These are real standards that you can implement without passing a TCK. You can also create a superset of these standards ... like if you want to add extra bytecodes to your version of the CLR, you can (the Java SE specification doesn't allow neither supersets nor subsets).

      These ECMA standards also have a patents pledge that (again) do not force you to pass the tests of a TCK which is under Microsoft's control. The only downside is that Microsoft doesn't really play well with standards, but it's not as if SUN did any better.

      2) the European Commission concluded that the implicit patents grant in GPL v2 doesn't apply to derivate works. That may be true in the US, but it is definitely not so in the EU. And even in the US, it's not really tested in court. Also SUN (now Oracle) could always sue for patents unrelated to Java; i.e. you can't stop a determined company from making threats / suing.

      It's a common fallacy to say that OpenJDK is safe. It's definitely not.

      3) SUN had no dirty secrets; Apache have been warning us about it since before OpenJDK. That people rejoiced without reading "the fineprint" (including RMS) when they released OpenJDK just goes to show how gullible we are.

    14. Re:Background by t2t10 · · Score: 1

      When you give your customer your product, and as patent holder you give them a license (the GPL) that allows them to distribute it freely, modify, and redistribute freely, you do not enumerate which exclusive rights you are licensing.

      You're not "licensing" any rights at all. Oracle is giving the software to you and saying that you can redistribute it under the terms of the GPL, provided you can comply with those terms. One of the requirements that the GPL imposes on you is that you sublicense any patents you hold to people who receive the software from you.

      But this licensing requirement doesn't exist for Oracle. Oracle wasn't bound by the terms of the GPL when they gave you the software; they don't need a license to distribute the software under the GPL because they already own the software.

      One could imply, that the GPL as an agreement confers all license required by the grantor to the grantee, in order for the grantee to be able to exercise the rights the grantor claims to grant.

      Yes, but you still erroneously believe that you received the software from Oracle under the terms of the GPL; you did not. Oracle imposes the terms of the GPL on you (which trigger when you redistribute the software), but Oracle itself doesn't have to comply with those terms because they did not receive the software under the GPL. The GPL terms only apply to people who received the software under the GPL.

    15. Re:Background by t2t10 · · Score: 1

      If they released as GPL, their patent claims become invalid for derivative works of *that* (and none other) release.

      "Release as GPL" are meaningless weasel words. What they did is give you some software and tell you that *you* can redistribute it under the terms of the GPL. How does that impose any terms or conditions on them?

    16. Re:Background by t2t10 · · Score: 1

      And where do you think the GPL v2 gives these "explicit and implicit permissions"? I don't see any place.

      In fact, the GPL explicitly says that all the permissions it gives you are related to "copying, distribution and modification", not actually using the software.

    17. Re:Background by mysidia · · Score: 1

      Yes, but you still erroneously believe that you received the software from Oracle under the terms of the GPL; you did not.

      This is not erroneous. You did receive software under the terms of the GPL. When the originator of a product issues any kind of license/grant of rights, the issuer is bound to allow the recipient to exercise the rights they have licensed the right to exercise.

      For example, this creates burdens for Oracle in that they are bound by the license, and you redistributing the software received under the GPL is no longer copyright infringement, or infringement upon any exclusive right of Oracle.

      Oracle applied the terms of the GPL to the software as they distributed it to you.

      Oracle provided software under the GPL, which grants certain privileges of modification and redistribution.

      And Oracle owns all the rights required for the GPL to be effective and provide you the rights that the GPL claims you have, therefore you have a license.

      Your license is not specific about which of Oracle's "exclusive rights" are involved; Oracle is bound only to allow you to exercise the rights that were granted to you by the license.

    18. Re:Background by t2t10 · · Score: 1

      Oracle provided software under the GPL, which grants certain privileges of modification and redistribution. ... When the originator of a product issues any kind of license/grant of rights, the issuer is bound to allow the recipient to exercise the rights they have licensed the right to exercise. ... Oracle is bound only to allow you to exercise the rights that were granted to you by the license.

      Yes, and the license says at the very beginning:

      Activities other than copying, distribution and modification are not covered by this License; they are outside its scope.

      So, Oracle gives the software to you and tells you that you may "copy, distribute, and modify" it under the terms of the GPL, and that is exactly what you may do. You don't get any explicit license to use the software, nor does the license restrict how you can use the software, it simply doesn't have a bearing on that at all.

      One of the terms is that if someone imposes conditions on you that conflict with the GPL--say, related to patents--you have to stop distributing. That's fine, it doesn't make the license meaningless. After all, you can certainly use the software, and you can even redistribute it as long as nobody actually sues you and has a court impose restrictions on you.

      Those are the terms of the GPL. How, according to you, does any of that imply that Oracle grants you any kind of license to their patents?

    19. Re:Background by mysidia · · Score: 1

      You don't get any explicit license to use the software, nor does the license restrict how you can use the software, it simply doesn't have a bearing on that at all.

      A license is not required to use software in any case.

      Copyrights only restrict the exclusive rights for software: modification, distribution, and the right to prepare derivative works.

      Patents only restrict the exclusive rights to make and sell, to "practice" the patent by manufacturing and distributing a product.

      There is no type of exclusive right that prevents use of software, once you legally possess a copy, other than a signed contract where you promised not to use the software.

    20. Re:Background by t2t10 · · Score: 1

      There is no type of exclusive right that prevents use of software, once you legally possess a copy

      That's incorrect: patents and laws related to cryptography can prevent use of software even if you obtained the source code legally. But it's also besides the point.

      You still haven't made any argument that Oracle has given you a license to use their patents under the GPL v2.

  13. Re:FP? by Anonymous Coward · · Score: 0

    So, in other words, just what the GGP said.

  14. Re:Bali Community Process? by Anonymous Coward · · Score: 1

    Time to rename the whole thing to Bali Community Process? (Bali is right next to Java)

    How about the Oracle Says You Can Go Fuck Yourself Process.

    That's about what it is.

  15. What's the issue? by RAMMS+EIN · · Score: 1

    I haven't been following the events here so far, and a little searching yielded a lot of words that I am not familiar with and not a lot of insight. Could someone explain what the issue is here?

    As far as I have been able to tell, the focus is on the licensing terms for the TCK, and the TCK is a test suite for existing and proposed Java standards. Oracle owns the rights to TCK and will not license it to the Apache Software Foundation under terms that the ASF will agree to.

    Assuming that I have that right, so what? It's Oracle's software; they can choose to license it as they see fit, right? I _thought_ that passing the TCK's tests was necessary for being allowed to call your stuff "Java", but searching the web, I didn't find anything that supported that. So, correct me if I'm wrong, but as far as I can see, ASF is not being restricted in what they can and can't do.

    What am I missing here?

    --
    Please correct me if I got my facts wrong.
    1. Re:What's the issue? by mswhippingboy · · Score: 2

      My (feeble) understanding is that the Java license grants the right for anyone to develop their own "clean room" implementation of the JavaSE platform, but to claim it to be "Java compatible", it must pass the TCK certification. However, in order to test for compatibility against the TCK, one must license the it from Oracle. Since Oracle refuses to license the TCK, the effect is that no one can legally claim Java compatibility. It's sort of a catch-22. One of project Harmony's stated goals was to be Java compatible, but without the TCK, it's illegal for them to make that claim.

      --
      Sometimes the light at the end of the tunnel is the headlight of an oncoming train.
    2. Re:What's the issue? by glwtta · · Score: 2

      Oracle owns the rights to TCK and will not license it to the Apache Software Foundation under terms that the ASF will agree to.

      No, Oracle (and Sun before them) are refusing to provide the TCK under terms that are required under the JCP agreement, making the JCP a bit of a sham. And it's not so much that ASF doesn't agree to the terms, it's that they are incompatible with the Apache license, so they would not be able to distribute Harmony.

      --
      sic transit gloria mundi
    3. Re:What's the issue? by Jartan · · Score: 1

      What you are missing is that Sun and now Oracle say that you can't have access to the patent grant for your JVM unless you can pass the TCK. Basically Oracle uses the TCK as a way to stop anyone from making their own royalty free java runtime.

    4. Re:What's the issue? by jonwil · · Score: 1

      Basically passing the TCK means you get a patent grant for the Java patents.
      But Sun (and now Oracle) have said "You can only get the TCK if you are not producing a Java implementation for mobile or embedded use".
      Apache are claiming that such license terms violate the agreements connected to the Java Community Process and thats why its decided to leave.

      Orcale for its part doesnt want to remove the restrictions on the TCK because the restrictions are one of the things keeping its remaining Embedded Java revenue alive.

    5. Re:What's the issue? by Genda · · Score: 1

      So FSCK the JVM. Create a VM that is inherently not Java's, look carefully at what made the JVM great, as well as what made it horrible, weed out as much of the horrible as humanly possible. Port as many major languages to the new VM as time and resource allow. Wash and repeat.

      Leave Oracle to sit in it's litterbox in the throws of onanistic bliss with it's proprietary toys. By the time the Oracle Board of Directors has settled into their afterglow, the reports informing them that they've succeeded in profoundly buggering themselves should be in, and the ultimate conclusions obvious even to them.

      There is nothing to get mad at here. Just sad. Thinking with the little head is always a bad plan.

  16. Wah! by Anonymous Coward · · Score: 0

    We was out voted so we're going to pack out bags and go home!

  17. Sigh...what we feared is coming to pass... by Anonymous Coward · · Score: 0

    I've been concerned about the future of Java ever since it was announced that Oracle won the bid over IBM.

    I've always regarded as clueless the opinions that IBM would have been a bad fit. At least for Java, IBM would have treated it the way it needs to be: this licensing issue would have been resolved well. IBM has demonstrated that it knows how to interact with open source communities, and it's entirely possible that Java would have been spun off Eclipse-style, if not to Eclipse.

  18. How soon people forget by Anonymous Coward · · Score: 0

    I'm a bit perplexed by all this.

    Java is the poster boy of corporate computer language sell out. It was created by Sun and closed source for well over a decade. It has/had a legendary reputation as a corporate "enterprise" language with layer upon layer of pointless buzzword frameworks.

    It wasn't open sourced until very, very recently, and even then it was tightly controlled by Sun.

    But now Oracle takes over and everybody gets butthurt about how it's not "open"? Java was never open in the first place. Get over it.

  19. I don't see the problem... by Genda · · Score: 1

    Oracle purchased the "Golden Goose", and it has every right to butcher the critter in the misguided hope that it can get all the eggs out at once. This makes Larry a man who thinks he can divorce his acquisitions from the Open Source community and still have something of value. This is simply a delusion. He will wake up soon and discover that not only has he rendered his purchase worthless, he's generated such a profound amount of ill will from the people with whom he is beholden for his business, that all aspects of his business will be horribly impacted.

    We have plenty of excellent languages to build with, and most have been ported to VMs. I see no reason to spend more than a few minutes mourning Java, point and laugh at the fool on the hill, and getting back to work on Python, or Ruby, or whatever environment floats your future boats.

    Oh, and Larry, old Chinese proverb says "Be careful when burning bridges that you are not standing on one when you set it ablaze."

  20. Re:JC Penney is outta luck now by Anonymous Coward · · Score: 0


    JC Penney? Last time I was in there, seemed like they only had clothes for fat people.

    Well, JC Penney is an American company.

    ha