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Dispute Damages Would Exceed Android Revenues

CWmike writes "A new document in a year-old patent lawsuit filed by Oracle against Google over Android intellectual property suggests Oracle could be seeking huge damages from Google. The damages owed to Oracle, if granted by federal Judge William Alsup for the US District Court for Northern California, would 'far exceed any money Google has ever earned with Android' and could lead to a rewrite of Android's Dalvik virtual machine, considered integral to Android and used by Android device manufacturers and potentially thousands of Android app developers, wrote one blogger, Florian Mueller, who writes about intellectual property issues involving the software industry."

47 of 166 comments (clear)

  1. Florian is not a blogger, he is a troll by h4rr4r · · Score: 5, Insightful

    Florian is not a blogger, he is a professional troll.

    1. Re:Florian is not a blogger, he is a troll by sockman · · Score: 2

      No kidding, when will this idiot disappear.

    2. Re:Florian is not a blogger, he is a troll by jvillain · · Score: 5, Informative

      PJ has already chopped the legs out from under this latest troll job.

      Link

    3. Re:Florian is not a blogger, he is a troll by ChipMonk · · Score: 2

      "Blogger" is his title-of-the-moment. He's also been called "activist," "lobbyist," and "lawyer." Whichever title is most convenient to the topic at hand, is the one he'll use.

    4. Re:Florian is not a blogger, he is a troll by Anonymous Coward · · Score: 5, Interesting

      If anyone here doesn't keep up with Linux Weekly News, here's a example article and discussion thread involving said Florian Mueller:

      http://lwn.net/Articles/434318/

      Never knew much about him, but still was startled by his descent into on-payroll patent troll.

    5. Re:Florian is not a blogger, he is a troll by gnasher719 · · Score: 5, Insightful

      No kidding, when will this idiot disappear.

      When Microsoft stops paying him.

    6. Re:Florian is not a blogger, he is a troll by Colonel+Korn · · Score: 5, Insightful

      Florian is not a blogger, he is a professional troll.

      I'd never heard of him before, but looking at his arguments is like watching Glen Beck. Given a lack of evidence to support his fear-mongering, he puts his fingers in his ears and repeatedly says, "I'm just asking the question: can we really say there's definitely no infringement?" When every specific example he cites is debunked, he returns to his litany and insists that infringement is possible, then chides his opponents for being unable to prove the impossible. Having debated competitively, I detect the belief that aggressively responding to every argument is equivalent to winning.

      --
      "I zero-index my hamsters" - Willtor (147206)
    7. Re:Florian is not a blogger, he is a troll by vgerclover · · Score: 3, Insightful

      When will /. stop linking to him?

    8. Re:Florian is not a blogger, he is a troll by Qwavel · · Score: 5, Interesting

      Seriously, half of the stories that get posted on /. now are from trolls, particularly the ones about Android. It's gotten so bad that I really feel guilty that I'm continuing to read slashdot - I think it is wrong of me to continue to give my attention to such a low quality source of news and discussion when surely there are higher quality outlets available and more deserving of our attention.

      So, what are those other sites? Has some other site picked up where /. left off? A site where they (or their system) somehow weeds out the lowest quality items before accepting them?

    9. Re:Florian is not a blogger, he is a troll by funkelectric · · Score: 2
      Mod parent up. The LWN link illuminates the agenda Florian Mueller is incessantly pushing. To give an idea of his style:

      How will you separate this special case from other cases of copyright laundering? Are you sure Google hasn't already done this in other cases, too?Are you sure nobody else has done or will now consider doing this, following Google's example?

      He is throwing mud under the assumption some of it will stick in the reader's mind. It's a veritable litany of "you cannot be sure", "X must have an agenda to do Y", "we need a reasonable degree of certainty" plus a few other standard debating tricks. It's not even done particuarly well when faced with astute responses.

    10. Re:Florian is not a blogger, he is a troll by Dunbal · · Score: 2

      IF piquepaille was any indication - when he is dead.

      --
      Seven puppies were harmed during the making of this post.
    11. Re:Florian is not a blogger, he is a troll by UnknowingFool · · Score: 5, Informative

      The groklaw article summarizes it like this: It is very early in the MS v Motorola suit; winning a construction claim does not mean much so early. Florian apparently can't count. By his math, MS is up 17- 5. PJ's estimate is MS 12, Motorola 6, and neither 4. Florian seems to have moved all the neither counts to be MS victories. PJ also remind us that in Oracle v Google, Oracle's initial 132 claims have been reduced to 3. Not exactly the gloom that the article paints.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    12. Re:Florian is not a blogger, he is a troll by Anonymous Coward · · Score: 2, Funny

      If you're looking for higher-quality news than is posted here, I'd recommend that you check out FoxNews.com.

    13. Re:Florian is not a blogger, he is a troll by Anonymous Coward · · Score: 2, Interesting

      well, there's metafilter, reddit and digg. But those are even worse.

      The problem with /. is that being a geek is mainstream and cool, so there are hipsters coming here and trying to act like us. And then they post retarded shit, but what we've seen over the past year is them gaining enough critical mass to break the moderation system.

      I'm personally a socialist, but I remember that there was a time when well-researched conservative arguments had a place here; now there's only retarded libertarianism and neoconservatism, though that may have more to do with the collapse of conservatism as an intellectual movement. I remember a time when the highest-rated posts on science stories were from people in the field providing context that the science writers couldn't, now the highest-rated posts are LOL SCIENCE IS HARD.

      There's 4chan, which avoids herd mentality and having community leaders and karma and not saying what you mean for the sake of your reputation by making everyone anonymous.

      Ultimately, we need to make it so being a geek isn't cool any more. Then the idiots will leave us alone.

    14. Re:Florian is not a blogger, he is a troll by UnknowingFool · · Score: 3, Insightful

      The point is if he can't do simple addition, can you count on his analysis? Hey we all make mistakes but he clearly seems to have an agenda proclaiming that Android is doomed. If you read any of the lwn posts, he takes the Glen Beck tactic of "I'm not saying that Android raped and murdered all these patents and copyrights; I'm saying no one has denied it. I find that interesting, don't you?"

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    15. Re:Florian is not a blogger, he is a troll by microbox · · Score: 2

      Recently discovered "researchblogging.org". Not computer news, but more substance than /. by a long shot.

      --

      Like all pain, suffering is a signal that something isn't right
    16. Re:Florian is not a blogger, he is a troll by npsimons · · Score: 2

      Seriously, half of the stories that get posted on /. now are from trolls, particularly the ones about Android. It's gotten so bad that I really feel guilty that I'm continuing to read slashdot - I think it is wrong of me to continue to give my attention to such a low quality source of news and discussion when surely there are higher quality outlets available and more deserving of our attention.

      Try using the firehose; I try to go there at least once a day and downvote the trolls, spam and other BS, and upvote the truly interesting stories.

      So, what are those other sites? Has some other site picked up where /. left off? A site where they (or their system) somehow weeds out the lowest quality items before accepting them?

      I don't know; I have noticed that many people who used to post regularly aren't anymore. The sad truth is, slashdot may still be better than the alternatives, and at least we have some input here.

    17. Re:Florian is not a blogger, he is a troll by gmhowell · · Score: 4, Funny

      Why won't Florian Mueller deny that he raped and murdered a young girl in 1980?

      I'm just asking.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    18. Re:Florian is not a blogger, he is a troll by poetmatt · · Score: 3, Insightful

      You are completely wrong. A single claim will not ruin android, even if it were in east texas. It takes a claim to stick through the trial to do something, surviving the judge accepting the claim in the first place, and summary judgment. We have gotten to none of those scenarios yet. To ruin android is a far far cry. Remember, no injunctions have been granted, and it will be years before this is sorted out. What if 1 claim stuck, 6 years from now after appeal, and the fee was $500K? To see if there is anything at all, this case will have to go through along with it's appeal. Google has a very strong case and a very strong staff of lawyers as well.

      Your comment is completely inaccurate.

    19. Re:Florian is not a blogger, he is a troll by petman · · Score: 2

      Honestly, I don't know why anybody would think that 'blogger' is a respectable title. I wouldn't be caught dead calling myself a 'blogger'.

    20. Re:Florian is not a blogger, he is a troll by Anonymous Coward · · Score: 2, Insightful

      Wow. It's funny, having once come here nearly daily for the better part of a decade, I find I haven't been here in many months, and even after just looking over the front page articles and a few comments I was thinking the same things. Then I found your comment, modded up +5 Interesting no less, and I'm really wondering what the hell happened to this place. The best case scenario I can think of is that the editors suck more than ever, but I'm worried that it may also be because no one even submits anything of any higher quality anymore. Either way, I wholeheartedly agree it is past time to move on to other sites more deserving of daily attention.

      Thanks, Slashdot, it was a good long run we had. I think it's just time we part our ways and say goodbye. Let's just try to fondly remember the good times we had together and move on to greener pastures.

      As always,

      AC

    21. Re:Florian is not a blogger, he is a troll by Nick+Ives · · Score: 3

      Slashdot will stop linking to trolls when they stop generating pageviews.

      If you want Florian to go away, stop reading this thread and don't enter into any further discussion.

      --
      Nick
    22. Re:Florian is not a blogger, he is a troll by Nick+Ives · · Score: 4, Insightful

      Ars Technica. It lacks the format of /. but, to be honest, this format is the problem.

      If you want high quality tech news where the editors aren't afraid to post in the comments calling out idots for lowering the tone, start reading and posting at Ars.

      --
      Nick
    23. Re:Florian is not a blogger, he is a troll by Frnknstn · · Score: 2

      Let's hope he soon goes the way of Jack Thompson and Robert Cringely.

      --
      If it's in you sig, it's in your post.
    24. Re:Florian is not a blogger, he is a troll by ScrewMaster · · Score: 2

      Having debated competitively, I detect the belief that aggressively responding to every argument is equivalent to winning.

      The guy sounds more like a Scientologist than a professional ... anything.

      --
      The higher the technology, the sharper that two-edged sword.
    25. Re:Florian is not a blogger, he is a troll by ScrewMaster · · Score: 3, Funny

      Why won't Florian Mueller deny that he raped and murdered a young girl in 1980?

      I'm just asking.

      That's weird. I heard a rumor that Glen Beck did the same thing...

      That's nothing. I want to know why these two won't deny that they raped and murdered each other. Now that would be newsworthy.

      --
      The higher the technology, the sharper that two-edged sword.
    26. Re:Florian is not a blogger, he is a troll by ScrewMaster · · Score: 2

      Ultimately, we need to make it so being a geek isn't cool any more. Then the idiots will leave us alone.

      I couldn't agree more. Probably the simplest solution to that problem is for Slashdot to allow us to upload pictures of ourselves to be shown next to each post.

      --
      The higher the technology, the sharper that two-edged sword.
    27. Re:Florian is not a blogger, he is a troll by bryan1945 · · Score: 2

      Wonder if we could manage to finagle him to use the title "Douchebag" without irony?

      --
      Vote monkeys into Congress. They are cheaper and more trustworthy.
    28. Re:Florian is not a blogger, he is a troll by bye · · Score: 2

      Btw., his motivation is probably financial: he wrote bits of the Linux kernel networking stack and for years he not written any new code but has been suing companies via GPL violation lawsuits, which is probably a very lucrative business.

      If Google is not using his specific code he perhaps sees Android as taking away his standing to sue, and hence it takes away his livelihood. It is in his direct financial interest to see Android go down.

      Just speculating.

    29. Re:Florian is not a blogger, he is a troll by a.ameri · · Score: 2

      Yeah, I think we have moved on. Sad truth is that Slashdot is not the place it used to be.

      For real news about stuff that matters, I now mostly rely on Ars Technica, Anandtech, LWN and The H. They pretty much cover most things I'm interested in between them.

      And if Google Reader stats that I see are any indication, in terms of users and traffic, Slashdot is just a shadow of itself these days.

      --
      -- /* Those who don't underestand Unix, are condemned to reinvent it poorly */
  2. Sun by Dan+East · · Score: 2

    Kind of makes me wonder why Google didn't buy Sun.

    --
    Better known as 318230.
    1. Re:Sun by nurb432 · · Score: 2

      I'm sure they didn't think far enough ahead and thought it would be no big deal for Oracle to have it.

      Of cousre Oracle has been in the business of screwing people for a long time so their interest in SUN should have been the first clue bad things were possible.

      --
      ---- Booth was a patriot ----
    2. Re:Sun by Anonymous Coward · · Score: 2, Insightful

      Kind of makes me wonder why they ever used the inferior Java in the first place. Please name 1 respectable application or game written in it.

      Obvious troll aside, it does set a pretty negative picture on Java. If you figure out how to make a successful product based on Java, expect to have Oracle come knocking on your door with a murder of lawyers to try and put a stop to it. Only people that should be making money off Java is Oracle, after all.

    3. Re:Sun by t2t10 · · Score: 2

      Well, fortunately, Mono doesn't.

      Microsoft may have some patents related to ".NET", but that's not used by most Mono applications. The language, the VM, and the core libraries are free and open, and most Mono apps use Gtk+ and other FOSS libraries and APIs. When you install Mono on Linux, you usually don't even get the .NET libraries by default.

    4. Re:Sun by Eskarel · · Score: 2

      Actually that's not true. This lawsuit isn't really about the fact that Google rolled their own version of Java without a license or even that they're making money off Java. If that were all that was going on here the lawsuit probably wouldn't exist because either Oracle wouldn't care or Google would just have paid a license fee and been done with it.

      The issue here is that Davlik is NOT Java. Now most of the reason it's not java is that Sun was incredibly unrealistic about JME and wouldn't let anyone but Sun create a licensed version, Google also felt JME was a bit bloated and didn't want to implement the whole spec, but that's probably neither here nor there.

      Sun before and now Oracle now, cannot afford to have Java forked. The JVM sure, the JDK again not a huge problem, but forking the language itself is pretty much a death sentence. That's why they're going at this so hard, because for all intents and purposes this will kill Java if they don't do something about it. If anyone blinks in this confrontation it won't be Oracle. So far Google hasn't either, but Google still has an out which doesn't destroy android so they may still do so.

  3. Re:Android is a loss leader by iluvcapra · · Score: 4, Informative

    You can remove whatever you like from Android. Removing whatever you like from actual marketed phones, on the other hand...

    --
    Don't blame me, I voted for Baltar.
  4. Florian Mueller is a TROLL by Anonymous Coward · · Score: 5, Interesting

    Florian Mueller blog is a fake. Some call this astroturfing. All he does is spread FUD (Fear, Uncertainty, Doubt) about Android (Linux). His blog was setup for journalists to point to because journalists have to point to other sources of information for their articles. And it seems to be working because I have seen CNN and other news outlets point to it. Shame on you CNN.

    Only guessing here, but Florian seems to be paid by Microsoft somehow to say these things. He even has written against IBM for the sake of Microsoft crushing IBM's mainframe business.

    His blog is misnamed - it should read what his intentions are - Anti-FOSS Blog.

  5. Comment removed by account_deleted · · Score: 3, Funny

    Comment removed based on user account deletion

  6. Re:what about harmony by michael_cain · · Score: 4, Informative

    Clean room implementations generally protect you from copyright infringement. From a legal perspective, patents are a different beast altogether. If I hold a valid patent, your independent invention of the patented device/algorithm/whatever infringes. The only way you get to legally use that independent invention is to either (a) invalidate my patent or (b) get a license from me.

  7. Tag and filter by Lord+Juan · · Score: 2

    Can we have a "florian mueller" tag, and something to filter out articles tagged "florian mueller"?

  8. Re:what about harmony by jedidiah · · Score: 2

    It should.

    Being able to "re-invent" something should nullify a patent completely.

    Patents are like nuclear weapons and should be created and deployed accordingly.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  9. Re:Rewrite? by chaboud · · Score: 2

    If a patent is going to be valid, it's going to be specific enough that workarounds or alternative solutions could exist. You don't patent having solved a problem. You patent the way you solved it.

    Now, back to the real world, yeah, it's entirely possible that a rewrite of Dalvik may be pointless. We'll see.

  10. Re:MiFi under a bridge by causality · · Score: 2

    The profession of such a troll could be to collect advertising revenue.

    Another entry to add to the "Virtues of Ad-Blockers" list. Not only does it speed up browsing and get rid of most of the crap, it also makes society a better place by not feeding revenue to the trolls. It's a win-win!

    --
    It is a miracle that curiosity survives formal education. - Einstein
  11. Slashdot now: News for consumers, stuff that sells by Anonymous Coward · · Score: 3, Insightful

    So many story summaries now are oversensalized, with many stories that are more like advertisements.
    It seems it's all about page hits and controversy.

    "News for Nerds, Stuff that Matters" is long gone.
    Too often the *Editors* can't be bothered to even edit or check stories before posting them.

  12. Re:what about harmony by VortexCortex · · Score: 2

    It should.

    And with that comment, you prove that you don't understand what patents are all about. The whole point of patents is to make it easy to re-invent a process/product. Patents are trying to keep us away from the days of guilds--everything is a trade secret, and no-one cooperates. Instead, the inventor gets an economic incentive (17 years of monopoly) in exchange for opening up their work.

    Sadly, you have acurately described the proprietary software industry -- yep, despite the bogus patent laws, it's still a "guild" -- Membership dues are patent litigation and/or cross licensing (which can be bought with enough buckets of money).

    Now, whether software should be patentable is up for debate, as is a valid length of a software patent, assuming software is patentable (17 years is pretty close to forever in software time). But copyright and patents cover two different things--with copyright, you're protecting a way of expressing an idea, and with patents, you're protecting the idea itself. And if you really think you can "clean room" invent an idea, think about what that means before answering.

    I don't think "up for debate" is a good way to put it, unless you know of any patent offices re-evaluating or questioning the validity of software patents; Why would they invalidate them all and lose the revenue stream it affords them?

    Should they be invalid, yes. Software is math. Math can not be patented. Somehow we allowed "Math" in a computer machine to be patented because the PTOs were to dumb to realize that the "computing machine" is just an extension of my pencil & paper, or mind. It's a math concept visualizer (like paper), and since you can't patent "Math" on Paper, or in stone or scrawled on the side of a bridge, you shouldn't be able to patent it in a computer. The first "computers" were people -- Building a machine to do what a human does should not prevent humans from being able to do it, yet this is what software patents (Math executed via machine) do.

    Allow patents for the math visualizer machines themselves, but not for the math that we feed them.

    P.S. Ever hear the term "Paperless" ? How are we to achieve this goal if the new digital medium is patentable where paper was not?

  13. Re:Piquepaille by hairyfeet · · Score: 2

    Well if we are adding to the list of trolls we shouldn't have linked to /. for ANY reason, can I add a couple? If I never see another "article" by Steven J Nichols and Paul Thurott I would be quite happy, thanks ever so. Nichols and Thurott are two sides of the same coin, Nichols the "Will (insert topic of the day) (kill/crush/destroy) (Linux/FOSS/The GPL)?" and Thurott is such a shill he actually had the brass troll balls to say Vista was great, stable AND low resource. Right Paul, because i forgot what fun it was to have to reboot a dozen times a day because the &*&^$^$ OS keeps forgetting how to access shared folders. I also loved the "feature" where I couldn't download while listening to music without everything slowing to a crawl. that was nice.

    So while Florian is a pretty irritating little shit (and no I won't RTFA since his name is on it, I'm sure its his usual troll bait trying to get page views) frankly he is little league compared to pro trolls like Thurott and Nichols. Hell I would rather sit down to one of Twitter's rants on how it is all a MSFT conspiracy, at least THOSE were entertaining and unpredictable, he had a knack for going six degrees and being able to blame ANYTHING on MSFT. Thurott, Nichols, and Florian are just the same tired old shilling and baiting for page views, same shit different day. Yawn.

    --
    ACs don't waste your time replying, your posts are never seen by me.
  14. Ribbon Time by Tablizer · · Score: 2

    I suggest that geeks world wide place a special logo with the words "End Overly-Broad Patents" on every website or mobile service one has any legal control over, such as personal blogs, non-profit wiki's etc. Time to stand up to nonsense; it's keeping us in the dark ages.