Did Google Knowingly Violate Java Patents?
jfruhlinger writes "Opponents of software patenting have been rather heartened by recent developments in the Oracle-Google lawsuit, which have seemed to indicate that Oracle's patent case is weakening. But now the judge in the case has some sharp questions for Google, given that Google tried to negotiate with Sun over the patents in question before going on to develop Android without them."
may have been a simple "we see you have patented xyz, would you consider our doing abc a violation, and if so, what's licensing going to cost?"
answer may have been along the lines of "pretty much anything you do we may try to sue you for, so you'd be better off paying us a ton of money upfront now". "OK, no thanks, we'll take our chances in court."
Or it may have been something completely different. But that's just my guess.
I work for the Department of Redundancy Department.
"Oracle v. Google - Google Moves to Supplement Its Invalidity Defenses"
http://www.groklaw.net/article.php?story=20110712074100640
Uh, Linux geek since 1999.
As sound as legal analysis from an anonymous poster on pro-Google Slashdot must be, I'm afraid you're not as persuasive as you think you are. What's happening is that the judge is pressuring both parties to reach a settlement, which is probably what's going to happen.
Nobody sells a high tech product without knowing that it infringes on some patent you don't own or have license to!!!
EVERY SINGLE COMPANY that ships a smart phone today, KNOWS that they are infringing on a patent held by someone else!
There are over 50 companies that hold at least 300 patents each covering smart phone technology. Who knows how many companies hold patents over various manufacturing technologies used. There are thousands of patents out there on many very basic software techniques. IBM, Motorola, HP, Intel, Apple, HTC, Samsung, Google, Microsoft, all hold thousands of patents that more or less apply to Smart phones and computers. And there are tons more. These are the guys that produce products. Many, many patents are held by trolls that produce nothing but lawsuits.
How then can any company hope to build a product that is free and clear of patents?
If knowing you might have patent issues means something significant, then ban all high tech products! Including frankly most medicines. Including every modern car. Including every T.V. Including ever significant piece of software!
In light of this rather obvious fact, what is the point this Judge is trying to make? How is any product any different?
This is pretty generally know if you've been following Java, but since you ask:
The Java Runtime license states:
"Software embedded in or bundled with industrial control systems, wireless mobile telephones, wireless handheld devices, kiosks, TV/STB, Blu-ray Disc devices, telematics and network control switching equipment, printers and storage management systems, and other related systems are excluded from this definition and not licensed under this Agreement."
As for the open source release, that's covered under the Java Language Spec patent grant.
That only covers fully-conforming versions, not sub or supersets.
http://en.swpat.org/wiki/Java_and_patents
It was Sun's intention to give Java away on the desktop, and charge for embedded use.
I'm not a lawyer, but I play one on the Internet. Blog