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Google Developer Testifies That Java Memo Was Misinterpreted

benfrog writes with a piece that appeared in yesterday's Wall Street Journal about the in-progress legal battle between Oracle and Google over Java: "Ex-Sun and current Google employee Tim Lindholm testified that it was "not what he meant" when asked about the smoking gun email (included here (PDF)) that essentially said that Google needed to get a license for Java because all the alternatives 'suck[ed].' He went on in 'brief but tense testimony' to claim that his day-to-day involvement with Android was limited."

201 comments

  1. Liar liar by Anonymous Coward · · Score: 4, Funny

    Pants on fire.

    But we're on Google's side so we'll let it go.

    1. Re:Liar liar by Anonymous Coward · · Score: 0

      Why would we be on Google's side?

    2. Re:Liar liar by shutdown+-p+now · · Score: 5, Insightful

      Because Oracle is on the other side.

    3. Re:Liar liar by Anonymous Coward · · Score: 0

      Nor should we pay attention to the MASSIVE INFERNO that Oracle's pants appear to be.

    4. Re:Liar liar by Patch86 · · Score: 2

      It seems like it's been taken out of context to me.

      This guy (who is a developer, not a lawyer) says "We've looked at the alternatives, and don't like them. Therefore we need to go with Java, so let the legal bods know so they can't start negotiating". That doesn't imply he's informing them, as a knowledgeable legal source, that they'll need to go and get a license. It's clear from the context that this developer doesn't care much about the legal side, and is just talking about technical desirability.

      And that's completely ignoring the document attached to that email chain, which says:

      Desire
        Google would like to work with Sun to conceive of and agree to a
      license that enables Google to release to the Open Source
      community, under a license of it's own choosing, it's internally
      developed CLDC based JVM. Google would like to achieve this goal
      with Sun's blessing and cooperation.
        Google does not foresee the necessity to license or redistribute any
      software from Sun.

      Which seems pretty equivocal that the author of that document didn't believe they needed licensing from Sun of the sort that Oracle is now arguing for.

      Not that any of that has any legal standing at all, it's just Google's internal opinion. But it certainly doesn't imply Google were wilfully deceiving anyone. Unless I've missed something else important (feel free to point it out); it's a pretty big PDF and I don't intend to read it through properly.

  2. Skipped the best part. by Anonymous Coward · · Score: 0

    Where he said he didn't mean a Sun license. Just a license.

    1. Re:Skipped the best part. by outsider007 · · Score: 1

      Maybe he meant lie sense. That's the ability to detect when your lie is making you sound retarded.

      --
      If you mod me down the terrorists will have won
    2. Re:Skipped the best part. by Anthony+Mouse · · Score: 1

      Where he said he didn't mean a Sun license. Just a license.

      Yeah, I don't understand why Oracle's attorneys ask such stupid questions. I mean obviously there are multiple Java implementations other than Sun's which they could have licensed if they didn't want to go the route of creating an alternative internally.

    3. Re:Skipped the best part. by Anonymous Coward · · Score: 0

      Except that the license is for the patents which is what Sun held.

    4. Re:Skipped the best part. by Anthony+Mouse · · Score: 1

      Was it? I don't see the word "patent" in the email.

    5. Re:Skipped the best part. by Tough+Love · · Score: 1

      Except that the license is for the patents which is what Sun held.

      So if the patents are invalid or do not apply to Google's implementation, then no license is needed?

      --
      When all you have is a hammer, every problem starts to look like a thumb.
    6. Re:Skipped the best part. by julesh · · Score: 3, Informative

      Actually, the license discussed in the email is for TCK, which is a tool for testing and certifying that Java implementations correctly implement the Java standard.

    7. Re:Skipped the best part. by Eskarel · · Score: 1

      There are no legally licensed mobile implementations of Java, never have been(at least according to Oracle).

      You can implement Java however you like, wherever you like, but the license therefor requires that your implementation pass the TCK. The TCK is not open source, and is licensed for use only on desktops and servers, explicitly. This is stupid, but it's part of Sun's legacy of trying to actually make enough money to not get bought by Oracle, a plan they failed at.

    8. Re:Skipped the best part. by Anthony+Mouse · · Score: 1

      You're making the mistake of trying to use external facts to determine what somebody meant. None of that actually matters unless it went into Lindholm's thought process when making the statement.

      And it remains the case that the most obvious interpretation of the statement is probably the correct one: "I'm not a lawyer, but we can probably just throw money at someone and make it go away, right?"

      Which, of course, is useless as evidence of anything. Discussions regarding the option of paying off a troll are by no means admissions that the troll has a valid claim, and even if they were, Lindholm isn't even a lawyer qualified to make that sort of a determination.

    9. Re:Skipped the best part. by Eskarel · · Score: 1

      I was responding to a specific poster who is continuing to spread the idiocy that this lawsuit is about a license for the JVM vs using an open source alternative. According to Oracle's licensing, the only legal implementation of Java for mobile is the official JME, Blackdown, OpenJRE, etc, all legal for Desktop and Server, not for mobile.

      The crux of this case is not whether Google needed a license, Google violated Sun's license terms by making Davlik, it is explicitly against said terms. The issue really comes down to whether Sun, and now Oracle's license terms are legally enforceable. Google seems to have drawn or bought a friendly judge, which is helping them a lot, but they've still got some issues to sort out.

    10. Re:Skipped the best part. by Anthony+Mouse · · Score: 1

      I was responding to a specific poster who is continuing to spread the idiocy that this lawsuit is about a license for the JVM vs using an open source alternative. According to Oracle's licensing, the only legal implementation of Java for mobile is the official JME, Blackdown, OpenJRE, etc, all legal for Desktop and Server, not for mobile.

      The open source implementations of Java are licensed under actual open source licenses. There is not one word in the GPL that says you can't use it on a mobile device. The way Sun/Oracle maintains control over "Java" notwithstanding that they released their own implementation under the GPL is by licensing the trademark. If you want to call it Java(TM) then you need a trademark license. Sun has said as much. But Google isn't calling it Java(TM). And given that, it seems like they could pretty easily have done away with the copyright claims going forward just by licensing one of the open source implementations which inherited from Sun's GPL'd implementation, if they wanted to. Apparently instead they've decided that the copyright claims are silly -- it is an independent implementation -- so they'd rather fight it. (I can't say I blame them. Oracle is a bit of a jerk. "We want $6 Billion dollars durr hurr.")

      Google violated Sun's license terms by making Davlik, it is explicitly against said terms.

      Google doesn't have a license from Sun for Java (or Java(TM) or whatever), the negotiations broke down and Google decided to do their own implementation instead. What do Sun's license terms have anything to do with anything if Google hasn't agreed to them?

      The copyright question is very much whether they "need" a license to do what they did, i.e. creating an independent implementation that implements the same API. (I think there is also another question about a few lines of a range check function that is line-for-line identical between Sun's OpenJDK and Google's version... but it seems to have come out that the reason for that is that the code was originally written by a Google engineer and then accepted into OpenJDK. Way to reward your contributors, Oracle.)

      Google seems to have drawn or bought a friendly judge

      Are you seriously suggesting that they bought off the judge? Give me a break.

    11. Re:Skipped the best part. by Eskarel · · Score: 1

      I don't know if they bought the judge, I believe probably not, but the point is that they've found a judge sympathetic to their cause.

      As to whether they need a license, Oracle insist that they do and Oracle's license terms seem to back them up. The legal question is therefor, "Is Oracle Right". History seems to indicate that they are as Sun won exactly this same lawsuit against Microsoft a while back, Microsoft didn't call their implementation Java either, but they still lost. Google seems to believe that they aren't, or at least has backed themselves into a corner where it's their only viable choice.

      My biggest concern with this case is that it was incredibly stupid on Google's part to get into this position in the first place. Sun and then Oracle's opinion on their licensing terms have been well known in the industry far longer than Android has been around, Google lawyers would have been perfectly aware of this. They almost certainly could have sorted something out that would cost them far less than what this is, and the same goes for Sun.

    12. Re:Skipped the best part. by Anthony+Mouse · · Score: 1

      The Microsoft case was a very different set of facts: Microsoft did agree to a license from Sun, and did call their version Java, but then violated the license contract by making their version incompatible. Moreover, Sun sued Microsoft for antitrust violations, and Microsoft settled the case rather than Sun winning in court.

      The Google case is about copyright and patents. Oracle is claiming a copyright over the API (which is ridiculous), and for a collection of patents the majority of which have now been rejected by the Patent Office and the remainder of which appear to be non-essential performance optimizations that in the worst case could probably be worked around without breaking anything serious (and it has yet to be decided whether even those claims will hold up in the end).

      The whole thing feels like Oracle just being extremely petty and vindictive because they overplayed their hand in the license negotiations, Google called their bluff and now Oracle is butthurt and acting irrationally. (I mean lets face it, the invalidation of the majority of the patents they've tried to assert has already hurt Oracle more than the lawsuit is likely to hurt Google, and that had to have been a predictable outcome of all of this if Oracle had been thinking clearly.)

  3. I didn't mean it! by Anonymous Coward · · Score: 0

    "lol i trol u"

  4. Oh come on by msobkow · · Score: 5, Insightful

    If he didn't mean they should negotiate a Java license with Sun, why did he say:

    ...we need to negotiate a license for Java under the terms we need.

    How you could possibly interpret that statement as meaning anything other than "we need to negotiate a license" is beyond me. I may not like Oracle's aggressiveness in pursuing the issue, but I can't read this email as being anything other than an acknowledgement that Google needs a license.

    Now don't get me wrong. Google could have later used the GPL version of Java safely, but they didn't have that option back then. Plus there's the question of whether you're allowed to use pieces of a GPL piece of software, such as the Dalvik compiler and core runtime with a Dalvik-compiled copy of the Java code for it's libraries and packages.

    I would contend that they're well within the GPL, provided that the Dalvik code was also released under the GPL. However, if the Dalvik core isn't under GPL, then they've got the issue of mixing GPL and non-GPL code to muddy the waters, and maybe that's the angle Oracle is playing.

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:Oh come on by pla · · Score: 5, Insightful

      How you could possibly interpret that statement as meaning anything other than "we need to negotiate a license" is beyond me.

      "We need to buy shiny toy X" doesn't always, or (IMO) even usually, mean "we've already chewed the fingers off it, guess we need to pay for it now".

    2. Re:Oh come on by Anonymous Coward · · Score: 1

      "Get a license" means that it would be simpler and more cost effective to buy a license for an existing technology than to build one from scratch or use a subpar implementation. It doesn't mean "oh crap we're illegal", just "let's buy an existing tech so we can move forward".

    3. Re:Oh come on by dgatwood · · Score: 5, Interesting

      If he didn't mean they should negotiate a Java license with Sun, why did he say:

      It seems likely that he meant that they should negotiate with Sun for a license. However, the most likely meaning of such a statement (when spoken or written by an engineer) is that it would be easier to get a quality product out the door in a timely manner if they licensed Java from Sun than if they wrote their own implementation, and thus, from an engineering perspective, they needed to do so. The powers that be chose to rewrite it instead of buying a license, therefore no license was needed from either a legal or a technical perspective. It is therefore downright silly to interpret such a statement from an engineer as implying that a license was legally necessary.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    4. Re:Oh come on by Anonymous Coward · · Score: 0

      I do emails like that all the time to my boss. Typical wording is "I need X, it has a license that I need approved." Typical responses are "yes, approved" or "no, do something else". Never once have I gotten no response or the let's talk offline comment.

      Now if he had the explicit responsibility to approve/disapprove on behalf of Google, then yeah, Google is toast. If he wasn't the responsible decision maker, then he is just stating an opinion (even if an extremely well informed opinion).

    5. Re:Oh come on by Anonymous Coward · · Score: 0

      Dalvik is released under an Apache License, which is not compatible with the GPL.

    6. Re:Oh come on by cheesybagel · · Score: 1

      In that case you just license Dalvik as GPL. It's not like it doesn't work for the kernel or GCC and I hardly see Dalvik as any different.

    7. Re:Oh come on by Anonymous Coward · · Score: 0

      "Need" is not the same as "legally obliged".

      Say you're driving along one day and your car stalls. You complain to your wife, "Jeez we need to buy a new car". This does not enable the local car dealership to sue you for breach of contract when you do not actually buy a car.

    8. Re:Oh come on by msobkow · · Score: 1

      Using Apache-licensed software from a GPLv3 code base is perfectly legal:

      http://www.apache.org/licenses/GPL-compatibility.html

      However, I would contend that a runtime is far more than a library, and it would seem that you can't include GPLv3 code into an Apache codebase, so the question is whether Google kept the license boundaries between the Java-sourced GPLv3 code and the Dalvik compiler/runtime. i.e. They were not allowed to incorporate pieces of the GPLv3 code into Dalvik itself. Recompiling the GPLv3 code with the Dalvik compiler would not violate the GPL, though, because the compiler is merely a tool and does not imply any license restrictions on the code it's used to compile.

      Otherwise you could only use gcc to compile GPL code, which clearly is not the case in practice.

      --
      I do not fail; I succeed at finding out what does not work.
    9. Re:Oh come on by ArsonSmith · · Score: 1

      It's like when your wife says, "We need to get new curtains in the living room." You say, "what's wrong with the ones we have?" She says, "They suck."

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    10. Re:Oh come on by BillX · · Score: 5, Informative

      Looking at the various email threads, it reads to me like Google decided a Java-compatible platform was their best option, and licensing one from Sun (they already had one, called Java) was the easiest path to getting the job done. Another email in the exhibit mentions the possibility of clean-rooming their own Java-compatible platform, but basically saying it would be a giant PITA and not cost-effective vs. just licensing Sun's existing one. I don't see the Java license discussions as construing "proof of knowledge of infringement" (etc.), or belief that it was the only legal path forward, only that at least one guy believed it was the easiest path forward.

      --
      Caveat Emptor is not a business model.
    11. Re:Oh come on by arkhan_jg · · Score: 1

      Dalvik is released under the Apache licence, as it's partly based upon Apache Harmony - a free Java implementation. Note, Harmony wasn't an 'official' java implementation at the time, as it couldn't use the TCK testing kit (that showed compliance with the java spec) under licence terms that didn't conflict with the apache licence - specifically, field of use restrictions. Sun stonewalled, as they wanted to have their own GPL-licenced java implementation up and running for linux before working with the Apache Foundation.

      Oracle argues that by using Java-like methods in the API - ie. to write code against before compilation to bytecode and then conversion to dalvik executables - infringes their copyright and patents. The dalvik virtual machine itself is quite different to java VMs as it's optimised for low memory/cpu devices, but the code is very java-like before it goes through the compiler.

      GPL does imply a certain amount of patent protection, but as you say, it's somewhat of a moot point as Dalvik doesn't reference that code, having been written earlier against Harmony.

      Now, the interesting question is - what DID he mean when he wrote that email? It's quite reasonable for Google to argue that he was wrong - not being a lawyer - and that they didn't need a licence, but wanted one (as they did attempt to do) in order to avoid this exact expensive legal battle - licencing being cheaper than lawyers - but that went out the window when they couldn't get one on sane terms and now they're fighting because Oracle want silly money for what is marginal infringement at most. After all, Oracle haven't sued the Apache Foundation for harmony, so why is code based on it - and open-sourced using the same licence - suddenly infringing?

      But google's actual defence? get the guy to say, Oh, when I said we needed a licence, I didn't mean we actually NEEDED a licence, or know who we should get that licence from? Please. Not very convincing, and I'm on Google's side on this one.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    12. Re:Oh come on by Anonymous Coward · · Score: 0

      Yeah, and if I'd say that I need a car, that would mean that I'm quadriplegic, not that it would be more convenient.

      "Either get a license or infringe" is a false dichotomy, it misses, for example, "... or choose more expensive route of clean-room implementation"

    13. Re:Oh come on by julesh · · Score: 4, Insightful

      How you could possibly interpret that statement as meaning anything other than "we need to negotiate a license" is beyond me. I may not like Oracle's aggressiveness in pursuing the issue, but I can't read this email as being anything other than an acknowledgement that Google needs a license.

      Read the context prior to that. At the point that email was sent, Google's plan was to use the name Java in their marketing. Java was Sun's trademark, so of course they would have needed to licence it.

      They decided not to, however, instead hiding the connections between Android and Java in developer-oriented documentation, and being careful never to claim that Android implements Java in any way (it implements a system that is compatible with programs for the Java programming language, or some other such nonsense, that is always careful not to suggest any Sun/Oracle endorsement of the system).

    14. Re:Oh come on by julesh · · Score: 1

      AFAIK, there is no GPLv3 code in Android. The only GPL code is Linux, which is GPLv2.

    15. Re:Oh come on by julesh · · Score: 1

      Do that and you lose support from Samsung and HTC, who differentiate their products by using heavily customised runtimes that they do not release source code for.

    16. Re:Oh come on by Hognoxious · · Score: 2

      She says, "They suck."

      And then you say, "Perhaps if you did, I'd be happy to buy you some new curtains!".

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    17. Re:Oh come on by msobkow · · Score: 1

      Not true. The Dalvik compiler was used to compile the GPL-released Java library/package source. Google did not rewrite all of Java, just a non-JVM runtime/virtual-machine (and even that came from an Apache project.) Either Google has a proprietary license to do so (which they don't), or they had to rely on the GPLv2 licensed Java source that Sun released before Oracle bought them.

      Unfortunately I couldn't find any articles speaking to GPLv2 compatibility, only v3.

      I thought part of the argument was around features such as introspection, and some variables/constants in the APIs that Google would have had to pull from the Java GPL source in order to build Dalvik in a compatible fashion. Though to be honest, I can't imagine what constants those might possibly be seeing as Dalvik doesn't try to provide byte-code compatability so it could use whatever constants and structures it chooses for implementation, regardless of how the "official" Java does it.

      --
      I do not fail; I succeed at finding out what does not work.
    18. Re:Oh come on by julesh · · Score: 1

      Not true. The Dalvik compiler was used to compile the GPL-released Java library/package source.

      The Java library source in Android is based on Apache Harmony, and is Apache-licensed, not GPL. Here's an example file from it, with complete copyright notices.

    19. Re:Oh come on by UnknowingFool · · Score: 1

      How you could possibly interpret that statement as meaning anything other than "we need to negotiate a license" is beyond me. I may not like Oracle's aggressiveness in pursuing the issue, but I can't read this email as being anything other than an acknowledgement that Google needs a license.

      Because of the statement "under the terms we need." As far as I know Java licensing is complicated. If you are writing some small stuff you intend to open source, you are probably not going to need any license. When asked about it, Larry Ellison didn't know which reflects that it's not a simple thing. Maybe he should have phrased it better to say "Let's use Java. See if we need licensing for our purposes."

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    20. Re:Oh come on by dissy · · Score: 1

      How you could possibly interpret that statement as meaning anything other than "we need to negotiate a license" is beyond me

      I had that situation at work actually. Probably not the same situation as Google, but the same situation as you point out.

      We needed a new Apache server install, more or less dedicated to a web-app and set of server extensions that I didn't want to put on any existing Apache install.
      While discussing this with a co-worker (who is primarily a windows admin only), he suggested we simply purchase another Windows 2003 server to install as a VM, and put Apache on that.

      Instead, I went ahead and installed Debian Linux and apt-get apache2.

      After all, why spend $1100 plus CALs to run an open source program, when for $0 I can use an open source OS to run that same open source program?

      By your logic, I now owe Microsoft $1100 x3 plus damages for using Linux, because I have an email in my inbox stating we need a windows server license!

    21. Re:Oh come on by Desler · · Score: 1

      No, they say "Must get a license". They even acknowledge in emails that the Java APIs are copyrighted in emails.

    22. Re:Oh come on by Anonymous Coward · · Score: 0

      Really? In 2010 Google was questioning whether to use "Java" in their marketing? Do you have a reference to that? Google has assiduously avoided tying Android to Java(tm) since it was very first released. The Lindholm email was in 2010, not 2005 or 2007.

    23. Re:Oh come on by gstrickler · · Score: 1

      Really, RTFS and look at the linked email, dated 2005.

      --
      make imaginary.friends COUNT=100 VISIBLE=false
    24. Re:Oh come on by Anonymous Coward · · Score: 0

      Here's a problem - I have emails from a manager who looks after licenses telling me that I need to get Red Hat licenses out to be compliant with our internal policies and with Red Hat. The thing is, we aren't using RedHat on this project. We had considered it but opted for Ubuntu, which this PM didn't know as (a) he only has a passing knowledge of the project and (b) to him RedHat and LInux are pretty much the same thing. Just because he says we need the licenses doesn't mean we do. Same applies with this email, just because some dude believes that Google needed licenses doesn't mean he had the slightest clue what he was talking about.

    25. Re:Oh come on by MechaStreisand · · Score: 1

      Someone stupid enough to suggest that you'd need a Windows server to run Apache shouldn't have a job.

      --
      Disclaimer: IANAL. This post is, however, legal advice, and creates an attorney-client relationship.
    26. Re:Oh come on by Anonymous Coward · · Score: 0

      ... or "Knackers to it, I quite like C++ & QT".

  5. Most vital lesson learnt: Hire the right person by Taco+Cowboy · · Score: 0, Troll

    If there is any lesson to be learnt from this trial it gonna be this - Hire the right person

    This Mr. Lindholm is definitely NOT the type of person I would hire

    I've been in the software/hardware development for decades, and never have I write any email or any message in any forum, or in any conversation in any formal setting that I will say things like what Mr. Lindholm has said

    The tech world as we are now is not only filled with geeks, but with lawyers

    Those lawyers will use WHATEVER we wrote or said to get their point across - even to the point of mis-interpret what we wrote / say

    How can an ex-Sun employee, currently employed by Google, write an email saying things like "Google need a license for Java" ?

    I mean, what qualification that Mr. Lindholm has on legal stuffs ?

    If I am working for the human resource department of Google, I will fire that Mr. Lindholm long ago - and I ain't gonna tolerate any of my employee doing things similar to what Mr. Lindholm has done

    --
    Muchas Gracias, Señor Edward Snowden !
    1. Re:Most vital lesson learnt: Hire the right person by thaylin · · Score: 5, Funny

      Of course you have never written a message like that, he used proper grammar in his emails. 8)

      --
      When you cant win, ad hominem.
    2. Re:Most vital lesson learnt: Hire the right person by giorgist · · Score: 1

      Keep your hat on ... what are you going to be, the thought police ?
      Its an email, people think and put it to words. You even made the statement. He is not a lawer.
      Don't be so scared of lawyers, they will be fertilizer too one day

      So what if your kid comes to work and says in a recording ... Gee that phone looks identical to an iPhone.

      What do we do ... fire your arse and send the kid to finishing school ?

    3. Re:Most vital lesson learnt: Hire the right person by Anonymous Coward · · Score: 3, Insightful

      If I am working for the human resource department of Google, I will fire that Mr. Lindholm long ago

      Where the hell have you been working that HR get to choose who to fire? That's really not how it works.

    4. Re:Most vital lesson learnt: Hire the right person by Anonymous Coward · · Score: 3, Informative

      So you wouldn't call one of the authors of the original Java Virtual Machine spec a person who you would hire? Look at the top of this document:
      http://docs.oracle.com/javase/specs/jvms/se7/html/index.html

    5. Re:Most vital lesson learnt: Hire the right person by Anonymous Coward · · Score: 1

      Ya, at least he knows how to write.

      Your being an idiot aside, this was an unsent DRAFT email. Your reasons for hiring/firing are just stupid, as you clearly have no idea what is being discussed here nor what was being discussed in the email.

      You know, people in businesses sometimes discuss BUSINESS in their communications. Go figure, huh? You, the expert, have never communicated any business information via any form ever. So you are a GREAT employee. Heh.

      For your information, this man was more than qualified for the job, seeing as he is an expert on Java from the fucking creators of it. Yet you would fire him for stating a business reason to perform a routine licensing, which they later decided they didn't need to do by going with another implementation.

      At its obvious you aren't in any position to actually act out these bizarre fantasies of yours. Thanks for being the idiot you are, so nobody actually has to worry about what YOU think.

    6. Re:Most vital lesson learnt: Hire the right person by pla · · Score: 4, Insightful

      If there is any lesson to be learnt from this trial it gonna be this - Hire the right person [...snip...] I mean, what qualification that Mr. Lindholm has on legal stuffs ?

      Google did not hire Mr. Lindholm to work as a lawyer. Would you also expect your janitors to know how to code? Your delivery drivers to reconcile AP? Your controller to weld deck plates?


      How can an ex-Sun employee, currently employed by Google, write an email saying things like "Google need a license for Java" ?

      Because non-lawyers can still put two and two together to come up with four. Because the average employee frequently needs to make recommendations within their own domain of knowledge that have implications outside that domain. Because IT people in particular don't generally give a shit about what HR thinks, and HR would already fire us in a heartbeat if the company could live without us.

      Or more accurately - Because someone asked.

    7. Re:Most vital lesson learnt: Hire the right person by rtb61 · · Score: 1

      Of course taken literally, Google needed to get 'a', one, single, not plural, just one licence, for the whole of Google and all of it's customers. So smoking gun all right, clearly a euphemism, no claim that google needed to get hundreds millions of licences to distribute it to all of it's customers.

      --
      Chaos - everything, everywhere, everywhen
    8. Re:Most vital lesson learnt: Hire the right person by hairyfeet · · Score: 3, Insightful

      Actually I would say it should be looked upon as a more fundamental question which is this: Should email be treated as a letter, or as a text message?

      The problem with treating emails like a letter is simply people don't think about emails like they do about a letter, probably because it is so trivial to send. With a letter one has to take the time and consolidate their thoughts, write them down, fold it up, put in the envelope etc, whereas with emails they are treated with no more thought most of the time than a LOLCat.

      I just have to wonder how many times companies will be bitchslapped by emails like this before they either simply don't allow emails or have them disposed of quickly. because unless you can somehow get your employees to treat emails with the gravitas of a formal letter they will just keep biting you right in the ass.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    9. Re:Most vital lesson learnt: Hire the right person by shutdown+-p+now · · Score: 2

      Google did not hire Mr. Lindholm to work as a lawyer. Would you also expect your janitors to know how to code? Your delivery drivers to reconcile AP? Your controller to weld deck plates?

      No. But you would expect employees (well, maybe except for janitors) to understand the implications in the current legal climate, and refrain from putting things so bluntly as "we're clearly violating these patents and must get a license", even in internal email - unless they are explicitly asked to express their legal opinion. At least, that sort of thing has been part of on-boarding training in pretty much every place I've worked in the last eight years.

    10. Re:Most vital lesson learnt: Hire the right person by BradleyUffner · · Score: 1

      No. But you would expect employees (well, maybe except for janitors) to understand the implications in the current legal climate, and refrain from putting things so bluntly as "we're clearly violating these patents and must get a license", even in internal email - unless they are explicitly asked to express their legal opinion. At least, that sort of thing has been part of on-boarding training in pretty much every place I've worked in the last eight years.

      I'm all the time sending an email to my boss telling him that we need a license for such-and-such piece of software. It's just expected of most programmers in any sane company to recommend to their boss software tools or libraries that could make things easier or better.

    11. Re:Most vital lesson learnt: Hire the right person by Darinbob · · Score: 1

      It's the sort of email I would write, what's wrong with it? Maybe it's not accurate but you can't call him a liar for that, he was mistaken on the subtleties of licensing morass. But as someone who is not a lawyer, who is not speaking for the company, is not high up in the management chain, and who is only sending internal email about what he thinks should be done, it should not matter. Are we no longer allowed to send email to coworkers without having legal check it out first?

      I know people today tend to get mail now and then at certain times saying "don't discuss X in email because it could be subpoenaed." but generally that's stuff about current ongoing litigation or sensitive issues, but this doesn't seem like something that should have risen to that level.

    12. Re:Most vital lesson learnt: Hire the right person by Anonymous Coward · · Score: 0

      Well, good thing he doesn't say that, then. AFAICT, there are several mentions about getting a license, but not about violation as the reason to do it.

      Oracle tries to paint as "get a license or violate", Google says it's "get a license or build everything ourself"

    13. Re:Most vital lesson learnt: Hire the right person by shutdown+-p+now · · Score: 2

      I'm all the time sending an email to my boss telling him that we need a license for such-and-such piece of software. It's just expected of most programmers in any sane company to recommend to their boss software tools or libraries that could make things easier or better.

      That is not a legal issue, it's a procurement request.

      It would be a legal issue if you were already using the software in question (though in that case it would be unethical to not raise it, though it's still a good idea to do it with legal first). Something more closely resembling the situation at hand is if you had been using some software with a very complicated licensing scheme, and you came to believe that the license your company has does not actually allow you to use it in some of the ways you do - but said license violation is not intentional. For those kinds of things, you bring up with the lawyers, and you explicitly invoke the attorney-client privilege if possible (your training should cover this, as well).

    14. Re:Most vital lesson learnt: Hire the right person by Anonymous Coward · · Score: 0

      Would you also expect your janitors to know how to code?

      Well, actually, at Google, yes, I would.

    15. Re:Most vital lesson learnt: Hire the right person by Dodgy+G33za · · Score: 1

      The guy uses the word "Memorialize" rather than "document" in its verb form. I would fire him just for that :o)

    16. Re:Most vital lesson learnt: Hire the right person by Anonymous Coward · · Score: 0

      Wow, this post just goes to show you a low slashdot UID does not in the least correspond with any amount of intelligence or experience...

    17. Re:Most vital lesson learnt: Hire the right person by houghi · · Score: 1

      and HR would already fire us in a heartbeat if the company could live without us.

      Sorry to burst your bubble, but that is true for each and every person that works in a company, including the HR people. If a company keeps people who do nothing for the company, they are doing it wrong.

      Does this happen sometimes? Sure and I am sure you have people on a list that you would think do nothing for the company. But then that is YOUR list and not the companies list.

      Just as a side-note: HR has extremely seldom to do anything with who gets fired.

      --
      Don't fight for your country, if your country does not fight for you.
    18. Re:Most vital lesson learnt: Hire the right person by Anonymous Coward · · Score: 0

      So smoking gun all right, clearly a euphemism

      Metaphor, you turdbrain.

    19. Re:Most vital lesson learnt: Hire the right person by fwoop · · Score: 1

      I'm like you, however I notice many fellow engineers feel free to make legal statements in email all the time, even when lawyers tell them to shut up, they persist, even get mad someone's telling them to shut up. I can only conclude such people are autistic. Yes they may make great engineers. They just need to be babysat.

    20. Re:Most vital lesson learnt: Hire the right person by julesh · · Score: 4, Insightful

      No. But you would expect employees (well, maybe except for janitors) to understand the implications in the current legal climate, and refrain from putting things so bluntly as "we're clearly violating these patents and must get a license", even in internal email - unless they are explicitly asked to express their legal opinion. At least, that sort of thing has been part of on-boarding training in pretty much every place I've worked in the last eight years.

      Except that's not what he says. Patents are not, at any point, mentioned in the memo. The memo expresses a desire to use the Java trademark in marketing Android. It is well-known that Sun required licensing of the Java Technology Compatibility Kit and a successful pass of its tests before it would allow you to use the Java trademark in this way, so the license stated as required (a license for the TCK software, not a patent license) would most definitely have been required IF google had proceeded with the plan as it was described in that memo. They did not proceed with this plan, however, instead deciding to distance themselves from Java, make their virtual machine incompatible with the Java virtual machine (although providing tools supporting automated translation between the two formats), and not use the Java trademark in any of their marketing material. So it is unclear what relevance a (correct) statement about the licensing terms on the Java trademark has on a court case about a system that does not use that trademark. This so-called "smoking gun" is just misdirection on Oracle's part.

    21. Re:Most vital lesson learnt: Hire the right person by julesh · · Score: 1

      The discussion we're talking about was about procurement, too, albeit on a larger scale -- the android dev team were deciding they needed to procure Java, because the alternatives they considered (primarily objective C) "sucked" in their opinion. So they were suggesting buying a license for Sun's Java TCK, a prerequisite for producing an officially sanctioned version of Java at the time.

    22. Re:Most vital lesson learnt: Hire the right person by Anonymous Coward · · Score: 0

      Well, the guy is clearly an idiot. Every big company in the US will have you go through 'communication in the corporate environment' training. Most of those companies also have legal teams (the David Drummond asshole and his minions in Google's case) that try to make sure that people are careful about what they write and say. Too bad that he is too thick to understand it. But you could really say the same about most of the Android team. Andy Rubin is both an utter asshole and a hypocrite and will, naturally, tend to hire people similar to him.

      --
      Fuck Sundar Pichai in the ass!

    23. Re:Most vital lesson learnt: Hire the right person by moss45 · · Score: 3, Informative

      Your being an idiot aside, this was an unsent DRAFT email.

      It is not just a draft. Oracle ARE using the drafts as evidence, but the final email also included the licensing language. The reason Oracle had to use the drafts was because the original email was at one point argued to be privileged information. It was found not to be and the final email is considered evidence.

    24. Re:Most vital lesson learnt: Hire the right person by Anonymous Coward · · Score: 0

      Exactly, because it's a no-brainer (like "we need a license for these 100 pirate copies of windows 7 we're using")

    25. Re:Most vital lesson learnt: Hire the right person by Eskarel · · Score: 1

      Oracle are arguing that they needed a license.

      The point of the e-mail is to show that Google were aware they needed a license and so the infringement was willful which increases the penalties. If he was wrong then it doesn't really matter what he said since willful won't matter.

    26. Re:Most vital lesson learnt: Hire the right person by Hognoxious · · Score: 1

      Fire him? I'd fire at him.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    27. Re:Most vital lesson learnt: Hire the right person by Sarten-X · · Score: 1

      For a while, my old high school promoted one of their janitors to system admin. I never worked with him, though, so I don't know how well he could code.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    28. Re:Most vital lesson learnt: Hire the right person by Anonymous Coward · · Score: 0

      Go back and look at the timeline. The Lindholm email came way, WAY, after Android was first released and avoided the "Java" trademark. The email was in 2010, Android went public years previously. It seems highly unlikely that in 2010 they would be debating whether to license the Java trademark. The email appears to be in response to finding a different technology so that they wouldn't have legal issues with Oracle (note, Oracle acquired Sun in 2009). Lindholm's analysis was that all the other options were lousy and they needed to license. This is pretty obvious.

    29. Re:Most vital lesson learnt: Hire the right person by gstrickler · · Score: 1

      You fail. The email is dated 2005. Way BEFORE Android was released, in fact, before it was even close to finalized.

      --
      make imaginary.friends COUNT=100 VISIBLE=false
    30. Re:Most vital lesson learnt: Hire the right person by Anonymous Coward · · Score: 0

      Unfortunately case law dictates that emails (and IMs) are treated the same as official communication from the company. It seems silly to me, especially given that phone calls are protected, but that's how things are, and employees need to be aware of it.

    31. Re:Most vital lesson learnt: Hire the right person by Belial6 · · Score: 1

      Besides, many people use 'license' as a synonym for 'copy' or 'implementation of'. Sure it isn't technically correct in legal speak, but the email was not written for a court of law.

    32. Re:Most vital lesson learnt: Hire the right person by shutdown+-p+now · · Score: 1

      Didn't they already purchase Android by that time, and were basically debating how to release it?

    33. Re:Most vital lesson learnt: Hire the right person by Anonymous Coward · · Score: 0

      HR has no clue who adds value. They only know who could fire them.

    34. Re:Most vital lesson learnt: Hire the right person by Anonymous Coward · · Score: 0

      and all of it's customers
      to all of it's customers

      "its".

  6. Fairly plausible by pla · · Score: 5, Insightful

    Reading the email linked by the FP, I would call his claim fairly plausible - I wouldn't take him to have meant "gee, we've infringed the hell out of it, we need to get legal ASAP", but rather "Can you please just buy the best option for us so we can move on and stop the games?"

    Honestly, something like that exact discussion comes up on a monthly basis where I work, and some shyster could probably find examples of me saying substantially the same thing in my emails. And I don't give two shakes of a rat's ass about whether or not my employer wants to stay legal on the licensing side - If they don't mind me using a copy of Windows registered to Razor1911, no skin off my back (and hell, good ammo for me if things get ugly).

    1. Re:Fairly plausible by interval1066 · · Score: 1

      Never the less I think google is down one employee soon...

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    2. Re:Fairly plausible by Anonymous Coward · · Score: 0

      Over what? Getting called out of context by the opposition? Fuck better fire them all then.

    3. Re:Fairly plausible by Anonymous Coward · · Score: 1

      I wouldn't take him to have meant "gee, we've infringed the hell out of it, we need to get legal ASAP", but rather "Can you please just buy the best option for us so we can move on and stop the games?"

      The email is from August 2010. They'd already created everything Android, already a success, but somebody tasked this guy to find out what they could replace Java with. That's insane, the only reason you would replace Java at that late date is if you were prohibited from using it.

      That's not 'licensing games', that's an 'oh shit Oracle has Java now and we're screwed'.

    4. Re:Fairly plausible by Desler · · Score: 2

      From here:

      Jul 26, 2005: “Must take license from Sun”
      Oct 11, 2005: “We’ll pay Sun for the license and the TCK”
      “We are making Java central to our solution”
      Feb 10, 2006: “helping negotiate with my old team at Sun for a critical
      license”
      Mar 24, 2006: “Java.lang api’s are copyrighted”

    5. Re:Fairly plausible by Anonymous Coward · · Score: 0

      Yeah, and each of those "take a license" can be read as "let's just get a ready solution".

      Negotiation for a license is not a proof of wilful infringement.

    6. Re:Fairly plausible by Desler · · Score: 1

      It doesn't say "take a license" it says "Must take a license". And "for a critical license". But, hey, keep spinning it!

    7. Re:Fairly plausible by Hognoxious · · Score: 1

      They'd already created everything Android, already a success, but somebody tasked this guy to find out what they could replace Java with. That's insane, the only reason you would replace Java at that late date is if you were prohibited from using it.

      You don't have to be Rommel reincarnated (and you clearly aren't) to know that the best time to work out plan B isn't the exact moment when plan A is going horridly pear-shaped.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  7. Nice foresight by ghn · · Score: 5, Informative
    On Fri, Feb 20, 2009 at 7:59AM, Dave Sobota wrote:

    2. Can you spell out the risk of us relying on Sun for support in more detail? I thought Java was largely opensourced anyway -- so I don't understand why we'd be so worried if Sun went bankrupt, was sold to an unfriendly company or just decided to act erratically with respect to Java. Is it that we are concerned about the parts that are not opensourced (e.g., test suite) --that Sun might jack up the license fees or just stop licensing those altogether?

    p29 of the exhibit

  8. Pretty clear to me by gstrickler · · Score: 2

    • Google would like to work with Sun to conceive of and agree to a license that enables Google to release to the Open Source community, under a license of it's own choosing, it's internally developed CLDC based JVM. Google would like to achieve this goal with Sun's blessing and cooperation.
    • Google does not foresee the necessity to license or redistribute any software from Sun.
    • Google desires to be able to call the resulting work Java.

    Under that last point, they would definitely need a license from Sun, as "Java" was a registered trademark from Sun. MS and Sun had already been through that battle. If you want to call it Java, you needed permission from Sun. That's very different from claiming you need a license to make a Java compatible language. No smoking gun here.

    --
    make imaginary.friends COUNT=100 VISIBLE=false
    1. Re:Pretty clear to me by ghn · · Score: 3, Informative

      But they could not work out an agreement with sun to obtain a licence with the terms and price tag they needed. So they did not call their implementation 'java', thus, not infringing on the trademark.
      The trial is about patent infringement, not trademarks..

    2. Re:Pretty clear to me by symbolset · · Score: 4, Informative

      It's about both patent and copyright. They're down to only one patent though. The actual copyright is minimal, so Oracle's trying to make the silly argument that they have a copyright on the API. Not only is such a thing impossible, but they can't produce a "work" that's infringed nor an exemplar of a reproduction.

      I'm going to agree with the grandparent. One employee urging the company buy something to solve a certain problem is not proof the company stole it. If the company decides to achieve its goals in a different way strategically because the object of their desire is not for sale (which is the case here) this also doesn't mean that they stole it.

      --
      Help stamp out iliturcy.
    3. Re:Pretty clear to me by gstrickler · · Score: 2

      First, the point is that this email isn't a "smoking gun". Not by a long stretch.

      The patent claims have narrowed significantly, with only 2 of the original 7 patents remaining, and one of those is on shaky ground. Most of the remaining claims are about copyright, not patent. So while there are still patents involved, it's largely about copyright at this point.

      See Groklaw if you need to familiarize yourself with other facts of the case.

      --
      make imaginary.friends COUNT=100 VISIBLE=false
    4. Re:Pretty clear to me by rtb61 · · Score: 1

      That claim by Oracle means they can sue each and every developer using Java. Major alarm bells should be going off here, Java is now a poisoned language, whilst Google should be able to fight off the battle how many other companies would be destroyed by the cash fight in court. Time to give Java the boot and go elsewhere Ruby for example.

      --
      Chaos - everything, everywhere, everywhen
    5. Re:Pretty clear to me by symbolset · · Score: 3

      It's a bigger deal than that because the Java APIs are clearly derivative of C and C++ libraries. Oracle DB and SQL is clearly derivative of other work. Which means if Oracle wins this one they've effectively commited suicide. All their IP would belong to somebody else.

      --
      Help stamp out iliturcy.
    6. Re:Pretty clear to me by shutdown+-p+now · · Score: 1

      What's the remaining patent?

    7. Re:Pretty clear to me by Anonymous Coward · · Score: 0

      Java was always a poisoned language for this very reason. Thinking "It's a programming language! It simply cannot run into problems with intellectual property laws." betrays stunning naivety of the imagination, tenacity, and sheer greed of the bastards that form the upper echelon of the corporate world.

      Although many past arguments have somewhat eroded my empathy for pro-Java developers I do sincerely hope that Java becomes more free as a result of this court case. I am growing weary of the relentless efforts of companies to domesticate humans; to cultivate and control networks of people; to shamelessly infringe the most basic human rights in a quest for profit.

    8. Re:Pretty clear to me by julesh · · Score: 1

      All their IP would belong to somebody else.

      You mean all their IP are belong to us?
      Move all lawsuit! For great justice!

    9. Re:Pretty clear to me by Anonymous Coward · · Score: 0

      All their IP are belong to us.

    10. Re:Pretty clear to me by symbolset · · Score: 1

      I don't remember. You know where groklaw is. You find it.

      --
      Help stamp out iliturcy.
    11. Re:Pretty clear to me by Raenex · · Score: 1

      It's a bigger deal than that because the Java APIs are clearly derivative of C and C++ libraries.

      Then perhaps you can point out the clear similarities, because in my experience they aren't. First off, Java is an object-oriented language; C is not. Second, Java doesn't have pointers, manual memory management, or operator overloading.

      That said, I don't believe an API should be subject to copyright. It's pretty well established case law that interfaces cannot be copyrighted.

    12. Re:Pretty clear to me by symbolset · · Score: 1

      Dude, do you know how I know you're not a programmer? If you can't draw a direct line from 90% of the Java APIs to the C libraries, you seriously suck as a codemonkey because Java was originally a JIT wrapper for C and they folded in the CLibs as a matter of course. The CLib APIs currently under dispute in this lawsuit don't even belong to Java, nor Oracle.

      If Oracle wins this one and gains copyrightabilty of languages and APIs they are completely, totally and inextractably hosed. They would then not own any of the intellecual property they are and have been licensing (including JAVA and their own SQL product), because it belongs to Attachmate (who now owns C, derived from Novell who bought USL) or IBM (who invented SQL). They will have committed judicial suicide.

      --
      Help stamp out iliturcy.
    13. Re:Pretty clear to me by Raenex · · Score: 1

      Do you know how I know you can't back up what you say? Because you can't point to the similarities, and make a specious claim of 90%. While there are C libs underneath many of the Java libraries, the Java class library is large and not a slavish copy of the C libs.

    14. Re:Pretty clear to me by symbolset · · Score: 1

      Let's talk about max() then, which figures prominently. Can you find a similar in the C API?

      --
      Help stamp out iliturcy.
    15. Re:Pretty clear to me by symbolset · · Score: 1

      It doesn't matter, by the way, if the libs are not copied "slavishly". If APIs are copyrighted then the standard is significant reproduction (not de minimus), and that certainly is a bar that Java cannot pass. Currently Oracle is forced into the argument that 9 lines out of 12 million are not "de minimus". I really doubt Java could survive such a comparison.

      --
      Help stamp out iliturcy.
    16. Re:Pretty clear to me by Raenex · · Score: 1

      Really, you're going to go with max()? It's a basic mathematical function that looks the same in just about any language, whereas you claim 90% of the Java API is derivative of C.

    17. Re:Pretty clear to me by symbolset · · Score: 1

      But it's almost all like that. Didn't you read it?

      --
      Help stamp out iliturcy.
    18. Re:Pretty clear to me by Raenex · · Score: 1

      But it's almost all like that.

      No, it isn't, and that's probably why you picked a simple mathematical function like max() that has the same interface on almost any language. Try comparing instead the date and time, I/O, or network utilities.

  9. Let me google that for you by PaddyM · · Score: 2

    From the article:

    "This week Larry Page could not recall who Lindholm was"

    Hey Larry, let me google that for you:
    http://lmgtfy.com/?q=tim+lindholm

    1. Re:Let me google that for you by Surt · · Score: 1

      You think a great man like Larry Page dirties his fingers with a computer keyboard?

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    2. Re:Let me google that for you by 93+Escort+Wagon · · Score: 4, Funny

      You think a great man like Larry Page dirties his fingers with a computer keyboard?

      He has Siri look it up for him.

      --
      #DeleteChrome
  10. Obvious implementation by Anonymous Coward · · Score: 1

    That "copied" code is a joke.

    If you have the function prototype per the java doc and you test the limit cases to see what exceptions are thrown, how else can you implement that array range check in a non-trivial way?

    That's just lawyer bullshit.

    1. Re:Obvious implementation by sco08y · · Score: 4, Informative

      That "copied" code is a joke.

      If you have the function prototype per the java doc and you test the limit cases to see what exceptions are thrown, how else can you implement that array range check in a non-trivial way?

      That's just lawyer bullshit.

      My first thought, too, but it's a private method, not implementing any API.

      What's funny is that they're highlighting this trivial function while inadvertently showing that Android uses TimSort, whereas the Java standard library which, according to the docs, uses a tuned quicksort, adapted from Jon L. Bentley and M. Douglas McIlroy's "Engineering a Sort Function".

    2. Re:Obvious implementation by TheRaven64 · · Score: 2

      Those are the 1.6 docs. Java 1.7 also uses TimSort. Of course, since this was released in 2011, it's entirely possible that this means Oracle has been copying Android code...

      --
      I am TheRaven on Soylent News
    3. Re:Obvious implementation by julesh · · Score: 1

      Due to the way reflection works in Java, private methods are in fact publically accessible. Doing so is not advisable, but you can do something like this:

      Method m = Whatever.class.getDeclaredMethod(name, types);
      m.setAccessible(true);
      m.invoke(object, parameters);

      If you have a security manager in place it will probably throw a fit when you try to do this, but a lot of java code runs without security managers, including (I believe) android applications. So private-method compatibility is desirable, and can be produced with a clean-room process.

    4. Re:Obvious implementation by JImbob0i0 · · Score: 2

      The code in question (TimSort) was donated to OpenJDK7 by the Google engineer.... ;)

      Makes their focus on this even sillier.....

    5. Re:Obvious implementation by oiron · · Score: 1

      Actually, that would be true of most of Java's peers too - In C++, you'd be able to do this if you could somehow get the address of the private function (by looking at the binary's layout or whatever), and in C#, I think reflection allows you to do the same...

      It's like hanging a curtain and saying "this is private", but someone can come along and rip it off and it's no longer private...

    6. Re:Obvious implementation by sco08y · · Score: 1

      So private-method compatibility is desirable, and can be produced with a clean-room process.

      I'd like to believe no one would go to that much trouble to call a private method like this one, but from what I've seen at work lately, some coders really are deliberately perverse.

    7. Re:Obvious implementation by sco08y · · Score: 1

      Actually, that would be true of most of Java's peers too - In C++, you'd be able to do this if you could somehow get the address of the private function (by looking at the binary's layout or whatever), and in C#, I think reflection allows you to do the same...

      It's like hanging a curtain and saying "this is private", but someone can come along and rip it off and it's no longer private...

      Right, the only truly private method is one running on a system you physically control access to. And make sure you didn't play any Sony CDs on it...

    8. Re:Obvious implementation by julesh · · Score: 1

      I haven't seen the method you're talking about, but calling private methods in Java is quite common to work around certain inadequacies of the standard class library (for instance, I've used code that gets the process handle out of a java.lang.Process object via direct access to its private members in order to then pass this to OS-dependent code, because Java's process management sucks).

    9. Re:Obvious implementation by petermgreen · · Score: 1

      IIRC in c++ accessing private stuff is as easy as "#define private public" before including the header that defines the class.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  11. This e-mail was years after Google started Android by Chibi+Merrow · · Score: 5, Insightful

    No matter what he meant, it shouldn't matter. Oracle is trying to use the e-mail to prove "Google knew ahead of time they were in the wrong!" when in fact this e-mail was written AFTER Oracle bought Sun and was murmuring about lawsuits. It's also an unsent draft of an e-mail written by a Google employee who wasn't working on Android! Wow!

    I guess if I want to screw over my company in the future, I know how to do it now... Incriminating e-mail drafts!

    --
    Maxim: People cannot follow directions.
    Increases in truth directly with the length of time spent explaining them
  12. He meant a *driver's* license by larry+bagina · · Score: 4, Funny

    You know, go down to the DMV and get a driver's license so android could drive one of those google cars. In the country Java (note the capitalization), not for the JAVA SDK.

    --
    Do you even lift?

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

    1. Re:He meant a *driver's* license by Anonymous Coward · · Score: 0

      You missed your calling. You should have been a lawyer. *ducks*

  13. He ain't a lawyer by sirwired · · Score: 4, Informative

    I read it as: Whatever kind of license we need to run Android, we should get one. As somebody who was not, himself, actually involved in any kind of licensing negotiations, laws, etc., he didn't have the least flipping clue WHAT that might entail.

    Imagine my boss seeing emacs for the first time and saying "Holy $hit! this emacs is awesome! SirWired, go buy whatever we need to run it." That isn't any kind of admission that running emacs requires paying somebody; just a statement that he wants it.

    Google's position is that no license from Sun was in fact needed, and that Eric Lindstrom was not the person that had anything to do with that determination

  14. Why was it ever a big deal? by Anonymous Coward · · Score: 0

    Even if the engineer (not lawyer, not executive) thought Google should buy a license, so what?

    There were employees at IBM who thought Scox was in the right.

    1. Re:Why was it ever a big deal? by Anonymous Coward · · Score: 0

      You're pretty stupid if you really believe that, troll.

  15. Re:This e-mail was years after Google started Andr by Anonymous Coward · · Score: 0

    Actually they are trying to use the email to show that Google were knowingly breaching the license, not that google knew ahead of time that they were in the wrong. Oracle are dicks, but that is only a mild improvement on the twats that are google.

  16. Erm by ShooterNeo · · Score: 3, Insightful

    NOTHING is free. Everything takes time and money to create. Now, for various reasons, people give software away...but this is a massive corporation producing software worth billions of dollars, and a key part of it depends on software that was developed at a cost of millions of dollars.

    So a reasonable few million bucks to Oracle for their trouble seems fair.

    1. Re:Erm by Anonymous Coward · · Score: 1

      "software worth billions of dollars"

      No, software which cost billions of dollars to produce.

      Suppose I were to spend millions on an incredible fireworks display in a public place. So many people are thinking:
          "This display is worth millions so it should not be free to watch and steps should be taken to ensure that this guy get my money back."
      where, I claim, the correct response is:
          "This guy is either very generous or insane. I like fireworks so I'll watch this display. I would be utterly incensed if people then came demanding money and threatening legal action for my 'theft'."

    2. Re:Erm by isorox · · Score: 2

      NOTHING is free. Everything takes time and money to create. Now, for various reasons, people give software away...but this is a massive corporation producing software worth billions of dollars, and a key part of it depends on software that was developed at a cost of millions of dollars.

      So a reasonable few million bucks to Oracle for their trouble seems fair.

      Is the English Language free?

    3. Re:Erm by Ecuador · · Score: 1

      On the one hand, a, hmm, say, 5 million award to Oracle would seem fair, given the fact that Oracle is such a "nice company" with such a "nice CEO".
      On the other hand, a huge award that gives Android trouble might finally make some people try out better and completely open alternatives like the MeeGo Harmattan OS that Nokia abandoned and pick that up...
      Yes, I am daydreaming again.

      --
      Violence is the last refuge of the incompetent. Polar Scope Align for iOS
    4. Re:Erm by Anonymous Coward · · Score: 0

      "Is the English Language free?"

      It used to be but judging from your comments you now owe me $5.

    5. Re:Erm by Raenex · · Score: 1

      So a reasonable few million bucks to Oracle for their trouble seems fair.

      This is a court of law. It's not a matter of what is "fair", it is a matter of what is legally required. Furthermore, Oracle, the supposed beneficiary in this case, is a ruthless business and does not operate on the principle of what is "fair".

  17. So sorry, Mister Taco Cowboy. by Anonymous Coward · · Score: 1

    Not long into reading your self-important rant, the abundance of spelling, punctuation, and grammar errors brought me to the conclusion that you are not one to hire.

  18. Re:This e-mail was years after Google started Andr by Chibi+Merrow · · Score: 5, Informative

    Actually they are trying to use the email to show that Google were knowingly breaching the license, not that google knew ahead of time that they were in the wrong.

    I don't think I understand the subtle difference in what I said and what you said... So let me try to be clear by pretending to know what I'm talking about for a second: Oracle is trying to use the e-mail to show evidence of WILLFUL INFRINGEMENT.

    And it could be evidence of that, except: 1) it was written after Oracle started threatening, 2) it was written AFTER Sun's CEO publicly congratulated Google on releasing Android and promised Sun would support the Android platform 3) it was written by someone in Google not working on Android 4) it was saved as a draft but not sent.

    Oracle are dicks, but that is only a mild improvement on the twats that are google.

    Are you trying to say Oracle is less evil than Google? Are you at all familiar with Oracle?

    Honestly even if Google is in the wrong here (which I strongly disagree with), I think it's vitally important Oracle lose this case, as the legal theory they are trying to push (that public APIs are subject to copyright and licensing) is absolute INSANITY and would be the death knell to a large percentage of the software industry.

    Though it would make developing on proprietary systems significantly more painful than Free/Open systems like Linux, so that would make some people around here very happy...

    --
    Maxim: People cannot follow directions.
    Increases in truth directly with the length of time spent explaining them
  19. Re:This e-mail was years after Google started Andr by cryptoluddite · · Score: 1, Interesting

    Oracle is trying to use the e-mail to prove

    There are literally shittons of emails talking about Google needing a license, trying to get a license, not doing clean-room because they were confident they would get a license, etc. To show it wasn't clean-room Oracle doesn't even have to show anything was copied, Google up and said it. 'Should we do this clean-room?' 'No, it'll be fine'.

    Google now needs to prove to a jury not just that they didn't actually need a license, but also that all their top execs and engineers were wrong. If say in a police interrogation you admit to doing the crime a jury will still convict you even if there is absolute proof that you didn't do it. Human nature says if you admitted to it then you did it, so Google has a huge uphill battle to climb here with these emails. At this point they may be already planning the appeal, where the actual law matters.

  20. Google caught red-handed by Anonymous Coward · · Score: 0

    Internal emails in evidence has shown that Google knew what they were getting into. In 2005 Google's head of Android wrote:

    >"If Sun doesn't want to work with us, we have two options: 1) Abandon our work and adopt MSFT CLR VM and C# language - or - 2) Do Java anyway and defend our decision, perhaps making enemies along the way"

    Then there are emails like the one in this story where they admit they needed a license. Then there is the engineer who literally copypasted code...

    Yet, there are people who act like poor Google is as innocent as a newborn baby and is the victim of some great injustice. It's silly. Google tried to get away with everything they could and now those "enemies" they made have come back to bite them.

  21. Reminds me of Charles Barkley by Anonymous Coward · · Score: 1

    The NBA hall of famer and TV basketball analyst once responded to criticism by explaining he had been misquoted in his own autobiography

  22. Re:This e-mail was years after Google started Andr by Desler · · Score: 1

    Except there are emails from 2005 saying the same thing. Even for this very same engineer. Sorry, but that excuse fails.

  23. Where's Inigo Montoya When You Need Him? by akpoff · · Score: 0

    we need to negotiate a license for Java under the terms we need.

    I keep reading each side's position in terms of movie quotes:

    1. You keep using that phrase. I do not think it means what you think it means.
    2. Neh...gohtiate. No further questions your honor.
    3. This is not the incriminating email you're looking for.
    4. I'm sorry, Larry. I'm afraid I can't do that.
    5. "Negotiate a license for Java"? What do you think he means by that?
    6. Maybe it's a perk!
    7. SQUIRREL!
    1. Re:Where's Inigo Montoya When You Need Him? by physburn · · Score: 1

      A million java programming, Inigo Montoya's, shouting, you kill my language and my living, prepare to die! With java programming being one of the top payed programming languages, this is quite serious. Ok i've got perl, and php and a bit of C/C++, but when it comes to language design, Java is still the best, and my first choice for solid and reliable, development.

  24. First Time Reading An Article by Anonymous Coward · · Score: 0

    Oracle's case is that Google is making a profit off of Java, which is, in many aspects, owned by Java. The thing is, Java has been released by Oracle under the GPL, meaning that they can freely distribute their work so long as they're giving it away. Being that Google does not sell Java, Oracle claims that Google is making a profit off of the advertising revenue and that this therefore infringes on the GPL.

    I don't believe Oracle has a case, but I really don't know. Anyone want to fill us in?

    1. Re:First Time Reading An Article by Anonymous Coward · · Score: 0

      what are you talking about? since when did the gpl restrict income/profit?????

  25. Re:This e-mail was years after Google started Andr by hairyfeet · · Score: 0

    What I don't get is why didn't they just buy or build their own? its not like Google doesn't have assloads of money. the only thing that I can come up with is just like MSFT tried to do in the 90s they tried to take advantage of all the experience that developers have with Java without bothering to actually get the rights to do so.

    But you are right that I don't see how even the fanboys can be for Google when there are literally piles of emails saying "We aren't doing clean room" We should get a license" "We are on shaky ground here" etc. Either the employees at Google knew what they were doing was seriously iffy or all those writers of emails didn't have a clue what they were talking about....ya know, the logic just doesn't really hold up. If it walks like a duck and quacks like a duck...its probably not a moose, no matter how much you want it to be one.

    --
    ACs don't waste your time replying, your posts are never seen by me.
  26. I was only following orders! by Anonymous Coward · · Score: 0, Funny

    From Eric Schmidt!

  27. Re:This e-mail was years after Google started Andr by Anonymous Coward · · Score: 1

    If it said "this is not clean room", Oracle would flourish those excerpts, not ambiguous out of context snippets about getting licenses which in context could be taken as "because that way's easier than doing it on our own"

  28. Re:Lawyers by TaoPhoenix · · Score: 1

    Nah, this all went to hell in the lawyer zone.

    Many quality employees send recommendations to management all the time. It's up to Legal to *REPLY* and say "nice suggestion, we don't need to".

    In Verbal Culture companies you get hosed because you are *missing* documentation because no one tells the right people stuff.

    Then when $%#$ hits Fans you get questions like "he declined our contract and we never made a new one? WTF?"

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  29. Re:This e-mail was years after Google started Andr by Tough+Love · · Score: 2

    the only thing that I can come up with is just like MSFT tried to do in the 90s they tried to take advantage of all the experience that developers have with Java without bothering to actually get the rights to do so

    It's nothing like that, please do not insult our intellgence. Microsoft's purpose was to pollute the Java brand by popularizing its incompatible version, calling it Java, whereas it was possible and even the default that Java programs developed with Microsoft's version would not operate correctly with Sun's version. As you know.

    --
    When all you have is a hammer, every problem starts to look like a thumb.
  30. Re:This e-mail was years after Google started Andr by Chibi+Merrow · · Score: 1

    Haven't seen those e-mails... Got a link?

    --
    Maxim: People cannot follow directions.
    Increases in truth directly with the length of time spent explaining them
  31. Didn't RTFS; comment anyways by Anonymous Coward · · Score: 1

    "... email (included here (PDF)) ..."

  32. Re:This e-mail was years after Google started Andr by houghi · · Score: 1

    I don't think I understand the subtle difference in what I said and what you said.

    That is excavate what this is about. ;-)

    --
    Don't fight for your country, if your country does not fight for you.
  33. Please kill Java by Anonymous Coward · · Score: 0

    Please please please let this kill the Java/Dalvik in Android and replace it with C/Go/anything-non-JVM-based.
    There's at least some chance it might become less hideous if that happens. If it isn't going to happen, please let Android die so it can be replaced by something cleaner.

    1. Re:Please kill Java by julesh · · Score: 1

      If it isn't going to happen, please let Android die so it can be replaced by something cleaner.

      If Android dies at this point, it gets replaced by iOS (walled garden) or Windows Mobile (MSIL, which isn't exactly a lot better than Java). I don't consider either of those a good outcome.

    2. Re:Please kill Java by physburn · · Score: 1

      But when many apps run on the same platform, you want that virtual machine to prevent one app screwing up, from taking down the others and the OS.

    3. Re:Please kill Java by codepunk · · Score: 1

      Yea because that is what is hurting IOS so badly?

      Android will always play second string to IOS simply because on a mobile device native code execution is where it is at.

      --


      Got Code?
  34. Why was he evaluating alternatives to Java? by Anonymous Coward · · Score: 0

    If management didn't believe they needed to license Java in order to use it on their mobile platform (remember, Java ME has never been free), why would they spend resources on evaluating the alternatives? I think that's the real issue this mail points to, some _lawyers_ had looked at this and thought they were in a difficult situation and then asked engineering to evaluate the alternatives.

    1. Re:Why was he evaluating alternatives to Java? by TheRaven64 · · Score: 2

      Because Java might not be the best tool for the job? I know some Java developers find this a shocking idea, but it's really true: sometimes another language and environment is a better solution.

      --
      I am TheRaven on Soylent News
    2. Re:Why was he evaluating alternatives to Java? by julesh · · Score: 2

      Read the context. Licensing Java would have given them advantages... they would have been able to use the Java virtual machine's native instruction format (meaning applications didn't need to go through a translation phase to run), they would have been able to include J2ME support (thus run preexisting applications and games) and would have been able to use the Java trademark in their advertising (familiar to mobile phone buyers, so would have boosted early sales). Java licensing was desirable, and they evaluated alternatives to Java in order to scare Sun into thinking they actually would switch.

    3. Re:Why was he evaluating alternatives to Java? by KZigurs · · Score: 1

      Including J2ME support would NOT have been an advantage. Probably a way to kill the platform on the spot.
      (nothing against J2ME itself, but its ecosystem at the time was extremely unhealthy)

  35. Re:This e-mail was years after Google started Andr by TheRaven64 · · Score: 0

    Unlike the Google version, where they popularise an incompatible version, calling it Java and where it's possible that programs developed with Google's version would not operate correctly with Oracle (or anyone else's compliant) version?

    --
    I am TheRaven on Soylent News
  36. Re:This e-mail was years after Google started Andr by Shoe+Puppet · · Score: 3, Insightful

    Unlike Microsoft, Google doesn't claim that their platform is compatible with the JVM. Just as C can be compiled for x86 or ARM, Java can now be compiled for JVM and Dalvik and nobody claims they are bytecode-compatible.

    --
    (+1, Disagree)
  37. Re:This e-mail was years after Google started Andr by Hognoxious · · Score: 1

    If say in a police interrogation you admit to doing the crime a jury will still convict you even if there is absolute proof that you didn't do it.

    Are you talking about places like Russia & Zimbabwe, or did you just get your JD from DeVry?

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  38. Re:This e-mail was years after Google started Andr by AmiMoJo · · Score: 1

    If say in a police interrogation you admit to doing the crime a jury will still convict you even if there is absolute proof that you didn't do it.

    Of course they won't, assuming your defence is half competent. The law isn't about who said what, it is about the facts of the case. If Google don't need a license then even if they thought they did it doesn't matter, the simple fact is that one is not required and they owe Oracle nothing.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  39. Re:This e-mail was years after Google started Andr by dkf · · Score: 0

    Are you trying to say Oracle is less evil than Google? Are you at all familiar with Oracle?

    Very few companies are more evil than Oracle — especially when it comes to licensing charges — with the exceptions of those that actually kill and maim people (Union Carbide and the Bhopal disaster is one of the worst examples I know of there).

    --
    "Little does he know, but there is no 'I' in 'Idiot'!"
  40. Re:This e-mail was years after Google started Andr by JDG1980 · · Score: 1

    If say in a police interrogation you admit to doing the crime a jury will still convict you even if there is absolute proof that you didn't do it. Human nature says if you admitted to it then you did it

    The actual evidence, on the other hand, indicates that it is remarkably easy for the police to get people to confess to things they didn't do. Much of what we think of as "common sense" or "human nature" is complete BS.

  41. Re:This e-mail was years after Google started Andr by moss45 · · Score: 1

    It's also an unsent draft of an e-mail written by a Google employee who wasn't working on Android!

    Oracle are using the final sent email now, the reason they had to use drafts earlier was because Google tried to claim attorney-client privilege on the final email (because it was sent to a few lawyers). Also Lindholm has said that he worked on Android, just that he didn't work on it very much.

  42. Re:This e-mail was years after Google started Andr by msobkow · · Score: 2, Interesting

    And now I can understand why Oracle's shorts are in a knot.

    A key point of Java technology is the cross-platform nature of the JVM. Without the JVM, you lose the portability that was a primary goal, and which Sun fought Microsoft to protect. Microsoft, despite having licensed Java, was beaten down in court for their "variant" on Java.

    Regardless of the legalities of the case, I now have to take Oracle's side on the issue. Google is breaking the Java "contract" with developers: portability. Java is not just the syntax and libraries; it's the whole ecosystem, including the concept of portable jars. So regardless of the finer points of law that have been brought up, I hope Oracle wins.

    If Microsoft can be bitch-slapped, so can Google.

    --
    I do not fail; I succeed at finding out what does not work.
  43. Re:This e-mail was years after Google started Andr by Anonymous Coward · · Score: 2, Informative

    You'll probably get furious then if you'd see this or this. Those bastards are even worse than Google - they compile our pretty and portable .jars to completely non-crossplatform machine code! How dare they.

    Java programming language != Java platform. There's no "contract" that any jar will run on any platform using Java programming language - go try running Java EE application on a Java-enabled phone or Bluray's BD-J applet on your PC.

    And yes, MS was bitchslapped because they claimed to implement standard, compatible Java SE implementation while introducing incompatiblities. Google claims to implement NOT any of Snoracle's Java platforms, but a new runtime using Java programming language.

    You can now proceed to remove your foot from your mouth.

  44. Re:This e-mail was years after Google started Andr by Anonymous Coward · · Score: 0

    Are you trying to say Oracle is less evil than Google?

    Are you saying that Google isn't a greedy soulless corporation?

  45. Re:This e-mail was years after Google started Andr by Anonymous Coward · · Score: 0

    Are you saying there are generous humane corporations?

    "Greedy soulless" is the only kind, we can just compare the vileness level - "stomps flowers", "kicks kittens", "indulges in genocide as a hobby", ...

  46. Oracle taking a beating in court by Anonymous Coward · · Score: 0

    What happened at /. are all of the geeks gone? Android is NOT Java.

    1) Google used Apache HARMONY (Free for any use) not Java for its implementation base.
    2) Look at the patent claims - all but 2 tossed out.
    3) The copyright case is ignorant also - 9 lines of code pulled out of millions.

    Try Groklaw.org for a little insight. Geez. Look at the facts and not the Oracle sleaze, your article in the Register is based on the blog of an Oracle employee.

    -Archillies

  47. Re:This e-mail was years after Google started Andr by 10101001+10101001 · · Score: 1

    I think the issue fundamentally is this: Google wants to allow as many people to use the Android name as possible, but sticking to the Java spec for Android would have complicated matters with licensing (look no further than how GNU and Apache both have different names and considerations for their own Java/Java-like implementations). So, it made more sense to base the technology on Java yet make it legally different and not sign any contracts with Sun/Oracle to use the Java trademark. Meanwhile, MS went the other way, going out of their way to sign a contract to use the Java trademark and then intentionally made it Windows specific, knowing full well that it went against the idea of the Java ecosystem. To me, it seems clearly a different situation.

    --
    Eurohacker European paranoia, gun rights, and h
  48. best quote ever by phantomfive · · Score: 1
    From the article, we have the best post I've ever seen about this trial:

    the case falls into a murky area where simple, clear sensible law should exist. When that happens, the lawyers are the biggest winners.

    Remember that if you are one of those people who feel it is 100% certain that Google will win (or lose).

    --
    "First they came for the slanderers and i said nothing."
  49. Re:This e-mail was years after Google started Andr by Anonymous Coward · · Score: 0

    So regardless of the finer points of law that have been brought up, I hope Oracle wins.

    That's the strange thing. I too hope Oracle wins, but only because that means the destruction of Oracle.
    I can't for the life of me figure out why Oracle would want to win, when that only means they would owe hundreds of billions of dollars for the rights to use Java that they purchased illegally.

    If Oracle wins, Java is owned by the Dennis Ritchie estate, since Oracle is arguing they have willfully infringed on his rights to Java for the past 4-5 years, plus they are responsible and on the hook for Suns retroactive infringement from the moment they "invented" it from C without paying the creator for those rights.

    Not a single program Oracle created or sells today, is legally licensed to them under their argument.
    They would have to either stop shipping ALL product, or pay trillions of dollars to other people for the software they wrote, or as Oracle claims, the software Oracle infringed on.

    The TL;DR for the copyright trolls is, Oracle is claiming in court they "stole" every program they have created, and have not paid for any licensing rights that Oracle claims they must pay.

    So yes, by Oracle winning their lawsuit, they will be out of business shortly since they don't have enough money in the bank to cover their infringement.
    I just don't understand why Oracle would try so hard and spend so much money in court to prove they do not own rights to any of their products...

  50. the real reason for not going with sun.. by gl4ss · · Score: 1

    look, they went their own way simply to avoid the JSR-shittape-perpetual forever negotiations for adding methods no vendor then goes on implementing properly. everyone knew that going with such "official" java deal was going to be too much of a hellhole to bother with, certainly their engineers knew this, after all if it was a good route then java me would have evolved faster into what android essentially is, because that shitprocess is how SUN paid their "engineers"(sit-on-their-ass-negotiators) assigned to the thing, just getting things laid down just wasn't their thing(and before someone starts, no, they did not do a good thing on maintaining compatibility between vendors, in fact they did a pretty damn bad job at that). the fact that sun had it's fingers in several os's which they were unable to execute into devices just tells how well it would have gone if they had gone with them(savaje & etc).

    it's not a money thing even, just red tape. now it's just a money thing though.

    they knew they wanted to go with java like system, they didn't want to have their hands tied to a specific cpu(fat binaries are no good if you don't know the architechtures you want them for.. and you want your stuff to run in the future too) and they wanted some advantages from the vm.

    (that the "java vm" which is on some random device x, does pre-compiling, or compiles the .classfiles to something else just on installation, was already a done thing before android too)

    --
    world was created 5 seconds before this post as it is.
  51. Re:This e-mail was years after Google started Andr by Just+Some+Guy · · Score: 1

    Google is breaking the Java "contract" with developers: portability.

    I'd be much more (read: nonzero) sympathetic to that position if Google didn't explicitly state that their binaries run on Dalvik, and not the JVM:

    Android includes a set of core libraries that provides most of the functionality available in the core libraries of the Java programming language.

    Every Android application runs in its own process, with its own instance of the Dalvik virtual machine. Dalvik has been written so that a device can run multiple VMs efficiently. The Dalvik VM executes files in the Dalvik Executable (.dex) format which is optimized for minimal memory footprint. The VM is register-based, and runs classes compiled by a Java language compiler that have been transformed into the .dex format by the included "dx" tool.

    The Dalvik VM relies on the Linux kernel for underlying functionality such as threading and low-level memory management.

    But seeing as how cross-platform compatibility isn't a stated goal or feature of Java The Language on Android, that's all totally irrelevant to the situation at hand. Suppose someone implemented Python on a non-CPython VM. Your logic would imply that the Python Software Foundation should be able to sue them for breaking cross-platform .pyc compatibility. That's ludicrous.

    --
    Dewey, what part of this looks like authorities should be involved?
  52. Re:This e-mail was years after Google started Andr by Tough+Love · · Score: 1

    And now I can understand why Oracle's shorts are in a knot.

    Sure you can, just like the rest of us. Larry's shorts are in a knot because he wants to do a particularly evil thing by fencing in what is supposed to belong the the commons, that is to say, the languages we use. And the rest of us (except for you perhaps) know it is a bad idea, don't want him to, and are taking steps to prevent it. As everybody knows, that is why Larry's shorts are in a knot.

    --
    When all you have is a hammer, every problem starts to look like a thumb.
  53. Re:This e-mail was years after Google started Andr by TheSunborn · · Score: 1

    But there were no way Google could ever be compatible with java on the phone. Because they would either have to be compaitble with the entire java jdk 1.6 stack including awt/swing and would end up with something which would be really really slow, ugly, huge and not something you would ever want on a phone.

    Or they could be compatible with Java Me, but then Android would really really suck, because Java Me is a really bad platform to base an entire system on It is missing far to many things and Java Me are not designde to be the base for a modern smartphone.

    So to sum up:
    Java the language is really good on smart phones, which is why google is using it in all but name.
    Java the virtual machine(With its bytecode system and security model) is ok on mobile devices which is why google made Dalvik which is very close to the official java vm.
    Java the library/framework/platform sucks for mobile devices and there is no way in hell Google could make something successfull while beeing 100% compability with anything available under the java name.

    Which is why they wanted to license the language and vm, and then implement their own mobilephone platform using that(Which is what this memo most likely is about).

    But sun fucked up. They should have said: Ok we accept that the current java libraries/frameworks are not usefull for a full mobile platform, so pay us some money for a license to java, and the java vm implementation, and then make a new platform. Let us call it "java me 7.0" and then that platform would have been what is now android.

    It is the same problem Microsoft had with java. They originally wanted to make java the program language used for windows gui programming, but they correctly identified a range of problems with java which made it very cumbersome to develop gui applications in java. So they updated the language. And then sun should have said "Hey your are right, your changes to the language will make it much more usefull, lets include them in java 1.2. Insted they said no and launched a lawsuite which ended with Microsoft developing .net.

    And as a guy who do gui development in java, I can only say that I wish Sun would have included most of Microsofts changes to the java language with jdk 1.2, because the current system of using interfaces to simulate callbacks really really suck. But at least they will fix it in java 1.8 so better late then newer.

  54. Re:This e-mail was years after Google started Andr by Tough+Love · · Score: 1

    Google claims to implement NOT any of Snoracle's Java platforms

    How dare you misspell Whoracle's name.

    --
    When all you have is a hammer, every problem starts to look like a thumb.
  55. Re:This e-mail was years after Google started Andr by Tough+Love · · Score: 1

    Sticking stubbornly to Java as the native platform for Android was stupid, but then Google does lots of stupid things. However, if it defeats Troll Oracle's attempts to extend intellectual property rights in directions that harm society, then it may all turn out well. But it is just insanely stupid for Google not to have already moved the core Android libraries away from Java, so that the java interface just becomes a wrapper. It's because Googler's aren't really as smart as they like to tell each other they are, and that filters down from the top.

    --
    When all you have is a hammer, every problem starts to look like a thumb.
  56. Re:This e-mail was years after Google started Andr by Anonymous Coward · · Score: 0

    You should watch The Confessions if you are actually so ignorant. Probably you know better and are just blinded by Google fanboyism (another human trait, can ignore any evidence that doesn't support "our team"). but if you really have so much faith in humanity brace yourself before watching.

  57. Re:This e-mail was years after Google started Andr by 10101001+10101001 · · Score: 1

    But it is just insanely stupid for Google not to have already moved the core Android libraries away from Java, so that the java interface just becomes a wrapper.

    Except that's precisely what Oracle is suing over. AFAIK, Dalvik does support JVM-based binaries; and Android uses a subset of Apache's implementation of the Java SE standard, not any code from Sun/Oracle. So, as long as they support backwards compatible with wrappers of a Java-like library, assumedly Oracle would still be interested in continuing the lawsuit. Meanwhile, trying to clone or mimic another language/platform would potentially risk another lawsuit.

    And remember, Android started before Oracle owned Java, so presumably Google went with their Java-like platform precisely because they thought Sun would see them in the clear; but then things changed. So, even if Python or C# or a Python-like language were in the clear today, they may face a lawsuit tomorrow. And to remain backwards compatibility, they'd again be in the same boat of yet another wrapper and still facing a lawsuit.

    So, their only real choice is what? To produce a wholly unique language (again, remember all the talk about how Oracle could face the wrath from C's developers if their logic on copyrighting the Java language holds, so it might not even be enough to just develop a new library) and give up all backwards compatibility on Android apps to greatly reduce the risk of lawsuits? That doesn't seem exactly a great compromise, especially given how baseless the lawsuit likely is. I mean, I understand the point of Oracle defending it's trademark, and it's possible Google or others have went to far in talking about Java when it comes to Android--although given it's speaking about the Java language, it's a bit dicey no matter how you look at it given how vague the line is on where the language and its components begin and end when they're source compatible to various degrees--, but since it seems Oracle isn't merely trying to squash the seeming polluting of their trademark like Sun's lawsuit against MS, I don't exactly see there to be any clear way in which Oracle is fighting for anything specific that they can lay claim to and I don't see what Google could reasonably have done to avoid the confusion that naturally arises in trying to differentiate the ecosystem as a whole from some of its core components when they share the same name. I do know that except for tech sites, I never really even hear any mention of Java when it comes to Android and even then, it's almost always with the provision that what Android offers is a Java-like language and not Java as we know it itself.

    --
    Eurohacker European paranoia, gun rights, and h
  58. Re:This e-mail was years after Google started Andr by Zenin · · Score: 1

    Though it would make developing on proprietary systems significantly more painful than Free/Open systems like Linux, so that would make some people around here very happy...

    I don't know about that... You're assuming Linux would exist after something like this.

    Consider the fact Linux along with more or less every project ever written under the GNU flag would ALL be in similar violation. It is at the very core of what most all FOSS projects are all about: Free reimplementations of preparatory APIs.

    Sure, there is lots of innovation in the FOSS world, but the other 99.9% is reinventing other people's wheels be it reimplementation of compilers, library APIs, tool APIs, UIs, etc. Take that away and there is effectively no FOSS left on the planet. The entire FOSS movement would need to start over from byte 0.

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    My /. uid is better then your /. uid
  59. Re:This e-mail was years after Google started Andr by Anonymous Coward · · Score: 0

    "So let me try to be clear by pretending to know what I'm talking about for a second"

    "2) it was written AFTER Sun's CEO publicly congratulated Google on releasing Android and promised Sun would support the Android platform"

    Whoops, you contradicted yourself. The judge presiding in the case has already made it crystal clear that the SUN CEO's public statements don't count for donkey snot in this case. OK, pretend time is over. Next time, please start your post with "IANAL but...". It's quicker and clearer.

  60. Re:This e-mail was years after Google started Andr by Anonymous Coward · · Score: 0

    The issue with MSFT's J++ was that MSFT dumped their changes to Java-the-core-libraries into the java.* namespace. Sun would have been 100% okay with them creating a com.microsoft namespace, dumping their changes there, and then engaging in discussion about promoting those changes to the core libraries, but MSFT's plan was to cause J++ programmers to inadvertently create "Java" programs which were incompatible with the Java distributed by Sun and others.

    Sun stopped MSFT before they could get to the third E in their traditional business plan.

  61. Re:This e-mail was years after Google started Andr by Anonymous Coward · · Score: 0

    As Oracle experts have stated in the ongoing trial, Java is WORA, unless you're using a different Java platform (SE vs EE vs ME) or different profile within a platform. ;) You can't run a JAR against a version of Java that doesn't implement the functions that you need!

    Anyway, as others in this thread have said, *noone* makes the claim that an Android phone is a Java Phone. Every competent Android programmer understands that an Android phone is an... Android Phone. The VM on the phone is the Dalvik VM, not the Java VM. One can write Android programs using Java-the-language and most of Java-the-core-libraries (or C or C++ or...), but it is never, ever, claimed that one can load one's JAR files directly onto the phone and run them. Anyone who expects otherwise has never read any of the Android developer documentation and is operating with dangerous prejudices.

    However, one *can* run most JAR files through the DEX compiler to rewrite the Java bytecode into Dalvik bytecode, and then package the result in your app's APK file. If the code that that re-written JAR file is implemented somewhere (ooh, there's that sticking point again!), it's likely to work.

  62. Re:This e-mail was years after Google started Andr by lgw · · Score: 1

    because the current system of using interfaces to simulate callbacks really really suck. But at least they will fix it in java 1.8 so better late then newer.

    You lost me there. Interfaces seem to me like the right way to do callbacks. Passing function pointers around is very 1980s, and I get that some programmers have never left the 80s, but it's a very poor abstraction. "Give me an object that I can make this callback on" seems like a clean abstraction, and one that should still optimize to some function pointer under the covers.

    Is there some Java-specific reason this is a bad answer? Or are you saying "the specific way in which some Java libraries use interfaces to simulate callbacks really really sucks, and it needs this obviously better way to use interfaces to simulate callbacks"?

    --
    Socialism: a lie told by totalitarians and believed by fools.
  63. Re:This e-mail was years after Google started Andr by Tough+Love · · Score: 1

    But it is just insanely stupid for Google not to have already moved the core Android libraries away from Java, so that the java interface just becomes a wrapper.

    Except that's precisely what Oracle is suing over.

    Except that you didn't get my point. I will state it more simply: Google needs a quick exit path from Oracle's Java trap. They had plenty time to dig an exit tunnel and they didn't. So now it is just, stand and fight or else. Sure, I expect Google to win, but taking that kind of risk unnecessarily is just plain stupid.

    More clear now?

    --
    When all you have is a hammer, every problem starts to look like a thumb.
  64. Re:This e-mail was years after Google started Andr by 10101001+10101001 · · Score: 1

    Hmm... Reconsidering, I think you're right. If Google had deprecated Dalvik with a replacement two years ago and considering the rapid cycle of smart phone replacement, then the issue of backwards compatibility with probably be virtually a non-issue at this point. Of course, that presumes that Google could have whipped up another VM and library that was both Java-like enough to support a transition yet different enough that Oracle's suit would be a non-issue, and I can't imagine that that wouldn't have taken at least a year or two in itself*. Still, yes, it would have been a wiser move if the point is to avoid the stupid lawsuit(s).

    *And I think a year or two is incredibly optimistic. Version 1 of Java, .NET, and just about every other comprehensive platform is almost always enough of a failure that it's not until at least version 2 before wide scale adoption takes place--it's after all, very difficult to know exactly what to include the version and how to do everything right; even cloning another, successful platform often isn't enough. So, people would likely still develop for Dalvik for quite a while and Google would still be under Oracle's thumb. Meanwhile, trying to force a switch can backfire, just resulting in people abandoning the platform altogether. But, even if it took three or four years, lawsuits like the one between Oracle and Google drag on for years, so yes, a plan to switch near the start would have been smart and I agree you're right it was dumb of Google not to act.

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    Eurohacker European paranoia, gun rights, and h
  65. Still don't see em by Chibi+Merrow · · Score: 1

    Digging through that PDF, all I see are discussions about trying to cooperate with Sun to use Java, and it not working out. Which backs up Google's explanation of WHY they didn't go with J2ME.

    So, again, got a link to e-mails where someone at Google says "What we're about to do is illegal."?

    --
    Maxim: People cannot follow directions.
    Increases in truth directly with the length of time spent explaining them
  66. Re:This e-mail was years after Google started Andr by Hognoxious · · Score: 1

    go try running Java EE application on a Java-enabled phone

    Not the same thing. That's, if you like, a vertical difference. Everybody knows that EE is SE with a bag on the side, and ME is a subset version of SE (or at least, is intended to be).

    The problem here is a horizontal one; when something that runs on one runtime doesn't run on an [apparently] equivalent one from a different vendor.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  67. Re:This e-mail was years after Google started Andr by Anonymous Coward · · Score: 0

    Not really. Java EE is indeed a superset of Java SE, Java ME CDC is a subset of SE, but Java ME CLDC is "a horizontal one" - it has a small (and not entirely compatible) subset of core libraries common with SE plus application specific API profiles like MIDP.

    Your quip about "[apparently] equivalent" is especially funny, considering that Android isn't and is not meant to be [apparently] equivalent to Java SE, but [apparently] equivalent Java ME MIDP implementations are a huge mess of incompatibility and vendor-specific quirks.

  68. Re:This e-mail was years after Google started Andr by Hognoxious · · Score: 1

    One counterexample is all that's needed to disprove your original assertion, and here it is: http://news.bbc.co.uk/2/hi/programmes/newsnight/8245312.stm

    Of course, this wasn't in a country where lawyers get to choose the jurors based on their stupidity, gullibility or corruptibility...

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  69. Re:This e-mail was years after Google started Andr by Raenex · · Score: 1

    So, it made more sense to base the technology on Java yet make it legally different and not sign any contracts with Sun/Oracle to use the Java trademark.

    If you read the PDF email archive, initially Google wanted to license Java from Sun and have the result be called Java. The problem is that Google and Sun could never come to terms, so Google ended up doing an end-around.

  70. Re:This e-mail was years after Google started Andr by Hognoxious · · Score: 1

    Java ME CLDC is "a horizontal one" - it has a small (and not entirely compatible) subset of core libraries common with SE plus application specific API profiles like MIDP.

    Did you miss where I wrote "intended to be"? http://www.developer.com/java/java-8-delayed-until-2013.html
    Time will tell how far it goes in practice.

    Your quip about "[apparently] equivalent" is especially funny, considering that Android isn't and is not meant to be [apparently] equivalent to Java SE

    Never said that it was, but I'm glad it amused you. What I'm referring to are inconsistencies between different "regular" JREs. If you believe in "write once run everywhere" I have a bridge you might like to buy.

    My point was this: come the day that they all start doing it intentionally, rather than by neglect or accident, do you think that'll be an improvement?

    Comprehension fail.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."