Slashdot Mirror


Oracle Not Satisfied With Potential $150,000; Goes Against Judge's Warning

bobwrit writes with news about how the monetary damages in the Google v. Oracle case might shake out. On Thursday, Judge Alsup told Oracle the most it could expect for statutory damages was a flat $150,000, a far cry from the $6.1 billion Oracle wanted in 2011, or even the $2.8 million offered by Google as a settlement. However, Oracle still thinks it can go after infringed profits, even though Judge Alsup specifically warned its lawyers they were making a mistake. He said, "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions." Groklaw has a detailed post about today's events.

234 comments

  1. I, for one, am shocked by reiserifick · · Score: 5, Funny

    that lawyers would ignore the advice of the judge and pursue ridiculous sums of money with no basis.

    1. Re:I, for one, am shocked by Anonymous Coward · · Score: 0

      Probably isn't their decision. Big boss told them he wants his money against what the lawyers and judges probably say.

    2. Re:I, for one, am shocked by jd · · Score: 4, Insightful

      The lawyers will be paid by Oracle, win or lose. They won't get paid if they're not involved in a lawsuit. Oracle wants them involved in a lawsuit that they will probably lose. Turning Oracle down is an expensive way to be ethical.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  2. Re:U.S. court systems by betterunixthanunix · · Score: 5, Insightful

    Blatantly abusing the copyright of a full 9 lines of code? When I was teaching introductory CS courses, we would not even accuse students of cheating over 9 identical lines of code.

    --
    Palm trees and 8
  3. Those racing yachts cost money by spirit_fingers · · Score: 4, Funny

    You have to feel sorry for Larry. He was hoping the Google settlement would pay his America's Cup expenses. $150k will barely cover In-N-Out burgers for the deck hands.

    1. Re:Those racing yachts cost money by steelfood · · Score: 1

      Not at all. I hear Larry's pretty happy about the outcome actually.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
  4. Its a no-brainer for Oracle. by Anonymous Coward · · Score: 1

    On the one hand, Oracle is giving up a potential maximum of $150,000 in statutory damages -- but in fact it would likely be rather less. On the other hand, if they go for actual damages they can get a ridiculous chunk of money and force Google to turn over all sorts of information on Google's profits if they win on that claim. $150,000 is peanuts to Oracle, so of course they're going to go for the moon.

    I suspect they will end up with zero or token damages instead.

    1. Re:Its a no-brainer for Oracle. by Xtifr · · Score: 5, Informative

      I'm thinking that $9 (one dollar for each copied line) sounds like a nice number. :)

    2. Re:Its a no-brainer for Oracle. by postbigbang · · Score: 2

      This is one starving law firm and legal department. Imagine taking this to the ends of the earth.

      Secret lawfirm partners meeting chatter:

      "Hey, with over fifty time keepers running on this thing, it might go negative numbers, but we'll keep the rep that we'll burn every litigation right down to the bitter end. After all, this isn't about who wins, it's who has more kerosene..."

      "What do they care, after all. With a 8% COGS, and a stock price that's at insane multiple of earnings, they have to continue make Google look stupid. After all, they desperately want to be 'in the game' since the Sun acquisition boiled off and their server game is barely chugging. Good thing they have that database thing-oil well in the basement."

      Feel free to add your own plausible remarks.

      --
      ---- Teach Peace. It's Cheaper Than War.
    3. Re:Its a no-brainer for Oracle. by jd · · Score: 5, Funny

      Old, wizened lawyer #1: "If we agree to Oracle's naive, stupid and utterly doomed plan, we will make ourselves look extremely stupid to the geeks."

      Old, wizened lawyer #2: "The geeks can't afford us anyway, so who cares what they think? We'll make gob-loads of money off Oracle. Imagine what we can buy with that?"

      Middle-aged, blue, slightly-fuzzy lawyer that looks remarkably like a sock puppet: "Coooooookies!!!!! Mrumrumrumrumrumrumrum"

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    4. Re:Its a no-brainer for Oracle. by Anonymous Coward · · Score: 0

      ...and, of course, triple it for damages.

    5. Re:Its a no-brainer for Oracle. by BooRadley · · Score: 1

      I really wish I had mod points for this. Thank you, sir.

      --

      -- lk t lv ll th vwls t f wrds. T svs lts f tm t wrt bt ts pn n th ss t rd nd mks m lk lk cmplt dpsht.

    6. Re:Its a no-brainer for Oracle. by Anonymous Coward · · Score: 0

      You do realize that the 9 lines were absolutely trivial and unimportant, as is obvious since once they were identified, they were removed.

      So 9 lines out of millions (probably comments or some standard subroutine or formula of which there are a thousand variants) - 150 k total for violation - divide by several million, multiply by 9 equates to about 90 cents with interest.

    7. Re:Its a no-brainer for Oracle. by Xtifr · · Score: 2

      You do realize that the 9 lines were absolutely trivial and unimportant

      Huh? Oh, sorry, I was distracted by realizing that my silly joke above somehow got moderated "Informative". I really have to wonder what the mods are on sometimes!

      Yeah, trivial and unimportant. Trivial enough that any programmer (I won't even bother to qualify that with "competent") could probably reproduce in no more than five minutes just from the name alone. Trivial enough that to get nine lines, they must have been counting whitespace and braces. Yeah, nine dollars is probably more than it's worth. I just thought it would be funny--and Google sure doesn't care about the difference between $9 and 90 cents. :)

    8. Re:Its a no-brainer for Oracle. by Anonymous Coward · · Score: 0

      Actually, you suck at copyright math. One work, one infringement.

  5. Re:U.S. court systems by Anonymous Coward · · Score: 5, Funny

    RIAA has been awarded millions in their pursuits against individuals who gave some music away. Then we have a company that is blatantly abusing copyright laws and makes tens of billions an year, and they get punished $150,000!

    Someone should look into US court system.

    This comment is so bloated with troll and stupid ... I believe my brain bled by reading it.

  6. Re:U.S. court systems by Anonymous Coward · · Score: 0, Insightful

    Hey look, another bonch stockpuppet gets the first post with an anti-Google post.

  7. Oracle's damages? Because Android has Java? by catmistake · · Score: 4, Interesting

    What the fuck are they talking about...? Google pirated a GPLed programming language and used it in Android?!! What damages could Oracle possibly be listing? I wanna know. Show the damages, Oracle.

    1. Re:Oracle's damages? Because Android has Java? by betterunixthanunix · · Score: 5, Insightful

      Clearly, if Google had not developed Android, Oracle would have been able to market its own smartphone/tablet OS using Java, right?

      --
      Palm trees and 8
    2. Re:Oracle's damages? Because Android has Java? by Mike+Buddha · · Score: 5, Insightful

      Yeah, because they were headed in that direction anyway. What? You don't remember Java Phone 7? iJava? JavaCE? JavaOS? PalmJava? JavaGo? Hmm. Maybe I'm thinking of something else...

      --
      by Mike Buddha -- Someday the mountain might get him, but the law never will.
    3. Re:Oracle's damages? Because Android has Java? by Anonymous Coward · · Score: 1

      Yeah, because they were headed in that direction anyway. What? You don't remember Java Phone 7? iJava? JavaCE? JavaOS? PalmJava? JavaGo? Hmm. Maybe I'm thinking of something else...

      You're speaking of Java Desktop, which was neither Java nor a desktop; its GUI. What you're thinking about though, is the Oracle ORDBMS 11g Phone, which stands for Oracle Relational Data... no... wait... (can't be Oracle Oracle, right?) so stands for Object Relational Doodoo Bowel Movement Shit... something like that... and 11g because, or was it 10g? That's a lot of g, I should think... anyway, failed not because of Android's development, but because it was far too heavy, like 10 or 11 times heavier than it looked. I'm pretty sure it ran a rebranded Solaris, ran on solar power... or... I think it had apps they called queers written in postgres++ ... I can't remember.

    4. Re:Oracle's damages? Because Android has Java? by Anonymous Coward · · Score: 0

      Google wrote their own VM implementation that was compatible with GPL'd APIs, slightly less onerous terms used are my own.

      Since APIs are NOT copyrightable, no damage done, that being the case, please Oracle, show us the real damage - show us the real losses?

      Don't try and pull a *FIAA bullshit line and claim *potential sales* as losses as we all know that's a fucktard's way out, which is why the fucktards of the RIAA/MPAA use them regularly.

    5. Re:Oracle's damages? Because Android has Java? by Anonymous Coward · · Score: 0

      And where did all these go? Absolutely nowhere.. oh, right, that was the point of your post.... sorry.

    6. Re:Oracle's damages? Because Android has Java? by Anonymous Coward · · Score: 0

      Yeah, because they were headed in that direction anyway. What? You don't remember Java Phone 7? iJava? JavaCE? JavaOS? PalmJava? JavaGo? Hmm. Maybe I'm thinking of something else...

      Java ME, which had been a nice little earner for them before Android came along and provided something much better. (Images of Larry kicking a chair and shouting "The bastards, how dare they kill our market by making a better product!")

    7. Re:Oracle's damages? Because Android has Java? by mdragan · · Score: 1

      From the begining of Java, until this day, Sun/Oracle have not been able to write a decent browser plugin to run graphics/GUI applications.
      How much luck would they have had with an embeded environment to do the same?
      There lies the reason for Google going on to make their own implementation with different graphics/GUI libraries. And they sue Google because it did something they failed at? Pathetic!

    8. Re:Oracle's damages? Because Android has Java? by Anonymous Coward · · Score: 0
    9. Re:Oracle's damages? Because Android has Java? by Anonymous Coward · · Score: 0

      JavaME

  8. Re:U.S. court systems by Anonymous Coward · · Score: 0, Troll

    Christ, not this fucking anti-Google troll again. What a worthless repugnant human being. I bet his mother prays he gets hit by a bus, preferably being dragged for thirty miles before being shaken loose, sent careening into a tar pond where, two million years from now, he'll be dug up, recognized as the evil little bastard that he is, and put on display as "Microsoftus uptheassus".

  9. Re:U.S. court systems by Githaron · · Score: 5, Informative

    Not only that but the function is so simple that it could have been a complete accident.

  10. Re:U.S. court systems by Anonymous Coward · · Score: 1

    Teachers would be more tempted to accuse students of cheating if the school had a bounty of ten million dollars per caught student.

  11. Oracle can go after infringers profits, but.. by DragonWriter · · Score: 4, Insightful

    Oracle can go after infringers profits, but in doing so it has to give up on statutory damages.

    The Judge has pointed out that they haven't submitted any evidence supporting that Google has any profits associated with the rangeCheck method that is at issue, so this may not be a wise course of action.

    1. Re:Oracle can go after infringers profits, but.. by Anonymous Coward · · Score: 1

      Also, Google doesn't make any direct profit on Android, I don't understand what Oracle are doing by going after their profits? The whole thing has been a huge joke from the beginning, Oracle should give up now before they embarrass themselves further.

    2. Re:Oracle can go after infringers profits, but.. by Kjella · · Score: 2

      Awwwwwww judge, don't clue them in. I'd so like to see Oracle awarded $1 for this whole shenanigans, it'd be a much more embarrassing result than losing the case.

      --
      Live today, because you never know what tomorrow brings
    3. Re:Oracle can go after infringers profits, but.. by jrumney · · Score: 1

      Maybe they are planning to show a graph of Oracle profits since its existance vs lines of code that Oracle owns. Then claim that by extrapolating that graph, 9 lines of code is worth a hundred billion dollars, "but ladies and gentlemen of the jury, we are being nice by only claiming 6.1 billion".

    4. Re:Oracle can go after infringers profits, but.. by marcosdumay · · Score: 2

      Don't mind. If Oracle could by any means get any clue, they'd not be in this mess to start with.

      They've already showed that they are completely willing to go against the orders of the judge, what makes you think they'll obey a recomendation?

    5. Re:Oracle can go after infringers profits, but.. by flonker · · Score: 1

      Not that it's entirely relevant, but indirect profit still counts as profit with regards to IP.

    6. Re:Oracle can go after infringers profits, but.. by goose-incarnated · · Score: 1

      Not that it's entirely relevant, but indirect profit still counts as profit with regards to IP.

      True, but what is relevant is that the judge pointed out that Oracle hadn't submitted any evidence of profits, hence as far as the court is concerned, there are no profits. The court is not obliged to plead any parties case for them, the parties are obliged to submit evidence and it a party refuses to submit any evidence then it's not up to the court to find that evidence.

      --
      I'm a minority race. Save your vitriol for white people.
    7. Re:Oracle can go after infringers profits, but.. by Sun · · Score: 1

      Slight correction.

      Oracle did submit such proof. Google had it stricken. Oracle got a second chance, with instructions what they need to fix. They submitted a second report, but ignored the instructions. That got stricken too. Despite earlier claim by the Judge to the contrary, Oracle got a third chance. They ignored the instructions, yet again. All relevant parts were stricken. That is why Oracle does not have any evidence of profits.

      Shachar

  12. Re:U.S. court systems by Joce640k · · Score: 1

    Anybody know what the nine lines are?

    --
    No sig today...
  13. Re:U.S. court systems by Surt · · Score: 4, Insightful

    The rich have pretty close to 100% control over political office and media access. I don't really see the point in differentiating.

    --
    "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  14. What are the 9 lines? by adisakp · · Score: 2

    Can someone post the 9 infringing lines of code here for us to see?

    1. Re:What are the 9 lines? by Anonymous Coward · · Score: 4, Informative

      From OpenJDK:

      private static void rangeCheck(int arrayLen, int fromIndex, int toIndex) {

                      if (fromIndex > toIndex)

                              throw new IllegalArgumentException("fromIndex(" + fromIndex +
                                                    ") > toIndex(" + toIndex+")");

                      if (fromIndex arrayLen)
                              throw new ArrayIndexOutOfBoundsException(toIndex);

              }

      From Google:

      private static void rangeCheck(int arrayLen, int fromIndex, int toIndex) {

                      if (fromIndex > toIndex)
                              throw new IllegalArgumentException("fromIndex(" + fromIndex +
                                                    ") > toIndex(" + toIndex+")");

                      if (fromIndex arrayLen)
                              throw new ArrayIndexOutOfBoundsException(toIndex);

              }

      }

    2. Re:What are the 9 lines? by adisakp · · Score: 3, Informative
    3. Re:What are the 9 lines? by dmesg0 · · Score: 2

      private static void rangeCheck(int arrayLen, int fromIndex, int toIndex) {
              if (fromIndex > toIndex)
                      throw new IllegalArgumentException("fromIndex(" + fromIndex +
                                            ") > toIndex(" + toIndex+")");
              if (fromIndex arrayLen)
                      throw new ArrayIndexOutOfBoundsException(toIndex);
      }

      Hopefully Oracle won't sue me for this...

    4. Re:What are the 9 lines? by DarthBling · · Score: 2, Informative

      Shamelessly stolen from Githaron's post

      http://notavailablein.ca/2012/05/googles-infringement-against-oracle-9-lines-of-code/

      private static void rangeCheck(int arrayLen, int fromIndex, int toIndex) {
          if (fromIndex > toIndex)
              throw new IllegalArgumentException("fromIndex(" + fromIndex +
                        ") > toIndex(" + toIndex+")");
          if (fromIndex < 0)
              throw new ArrayIndexOutOfBoundsException(fromIndex);
          if (toIndex > arrayLen)
              throw new ArrayIndexOutOfBoundsException(toIndex);
      }

    5. Re:What are the 9 lines? by dmesg0 · · Score: 3, Informative

      Hmm, slashdot doesn't won't infringing code to be posted, it removed a few lines during posting.
      Here's the original: http://news.ycombinator.com/item?id=3951480

    6. Re:What are the 9 lines? by dmesg0 · · Score: 1

      s/won't/want/

    7. Re:What are the 9 lines? by DeadCatX2 · · Score: 3, Insightful

      No, they won't sue you because /. ate your <

      --
      :(){ :|:& };:
    8. Re:What are the 9 lines? by demonbug · · Score: 5, Funny

      private static void rangeCheck(int arrayLen, int fromIndex, int toIndex) {

              if (fromIndex > toIndex)

                      throw new IllegalArgumentException("fromIndex(" + fromIndex +

                                            ") > toIndex(" + toIndex+")");

              if (fromIndex arrayLen)

                      throw new ArrayIndexOutOfBoundsException(toIndex);
      }

      Hopefully Oracle won't sue me for this...

      Oh great, now you owe Oracle 6 billion karma. Nothing but Larry Ellison PR bits on Slashdot from here on out.

    9. Re:What are the 9 lines? by pr0fessor · · Score: 1

      isn't it supposed to be rangeCheck() but that's not nine lines so... not sure.

    10. Re:What are the 9 lines? by Kalriath · · Score: 1

      It's the < that Slashdot ate (plus a pile of stuff after). And actually it was the browser that did it, Slashdot just outputs your HTML verbatim.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    11. Re:What are the 9 lines? by Anonymous Coward · · Score: 1

      Slashdot swallowed the stuff between < and > probably because you used "plain old text" (which surprise surprise isn't plain old text). You should use "Extrans" instead.

      private static void rangeCheck(int arrayLen, int fromIndex, int toIndex) {
              if (fromIndex > toIndex)
                      throw new IllegalArgumentException("fromIndex(" + fromIndex +
                                            ") > toIndex(" + toIndex+")");
              if (fromIndex < 0)
                      throw new ArrayIndexOutOfBoundsException(fromIndex);
              if (toIndex > arrayLen)
                      throw new ArrayIndexOutOfBoundsException(toIndex);
      }

    12. Re:What are the 9 lines? by TheLink · · Score: 1

      No. Slashdot ate it. Not the browser. Go use "view source" or equivalent to check. The stuff between is gone.

      If Slashdot just outputs HTML verbatim this site would be full of XSS and other attacks.

      Try posting <b>. If it really was verbatim, stuff would be bold after that.

      --
    13. Re:What are the 9 lines? by Anonymous Coward · · Score: 0

      Liar.

    14. Re:What are the 9 lines? by Locke2005 · · Score: 1

      As a programmer, all I can say is: if I had to write this function from scratch, it would take me less than 2 minutes total and it would look EXACTLY the same.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    15. Re:What are the 9 lines? by Anonymous Coward · · Score: 0

      "if (fromIndex arrayLen)"

      Has the java syntax included some new shorthand I'm missing or is /. eating characters?

  15. Re:U.S. court systems by Anonymous Coward · · Score: 4, Interesting

    The engineer has admitted he "probably" copy-pasted the code over.

    (Google wasn't exactly running a 'clean room', and Android engineers were also contributing to Sun Java.)

  16. Re:U.S. court systems by tomhath · · Score: 0

    And it shouldn't be 9 lines anyway. Someone doesn't know how to use OR in a boolean expression. Looks like they were trying to get their LOC metric up

  17. Obviousness by markkezner · · Score: 3, Informative

    I presume the 9 lines in question refer to TimSort.rangeCheck().

    Have you ever looked at it? If I had to implement that method, I probably would have done it the exact same way.

    --
    Dangerous, sexy, turing complete: Femme Bots
    1. Re:Obviousness by R3d+M3rcury · · Score: 1

      private static void checkRange(int arrayLen, int fromIndex, int toIndex)
      {
                  if (fromIndex > toIndex)
                          throw new InvalidArgumentException("fromIndex(" + fromIndex +
                                                ") > toIndex(" + toIndex+")");
                  if (toIndex > arrayLen)
                          throw new ArrayIndexOutOfBoundsException(toIndex);
                  if (fromIndex < 0)
                          throw new ArrayIndexOutOfBoundsException(fromIndex);
      }

      See? Now it's completely different!

      Random aside: Is it just me, or is this going to fail if toIndex == arrayLen? If the array has 100 items, array[100] = 0 will be bad but rangeCheck(100, 17, 100) will not throw an exception.

      Or am I missing something? I don't know Java...

    2. Re:Obviousness by Anonymous Coward · · Score: 0

      Random aside: Is it just me, or is this going to fail if toIndex == arrayLen? If the array has 100 items, array[100] = 0 will be bad but rangeCheck(100, 17, 100) will not throw an exception.

      Or am I missing something? I don't know Java...

      Obviously it's a [from,to)-style range.

    3. Re:Obviousness by Anonymous Coward · · Score: 0

      The comments clear it up:

      /**
        * Checks that fromIndex and toIndex are in range, and throws an
        * appropriate exception if they aren't.
        *
        * @param arrayLen the length of the array
        * @param fromIndex the index of the first element of the range
        * @param toIndex the index after the last element of the range
        * @throws IllegalArgumentException if fromIndex > toIndex
        * @throws ArrayIndexOutOfBoundsException if fromIndex arrayLen
        */

      Still a little confusing, since I think most would assume toIndex is the last index, rather than the one after.

    4. Re:Obviousness by mrbester · · Score: 1

      If I had to implement that method I'd have checked that the highest index of a zero based array is length - 1 for my third comparison...

      --
      "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
    5. Re:Obviousness by markkezner · · Score: 2

      What's amusing is that the 9 lines in question don't even implement the algorithm; they perform a quick sanity check before the real computation starts. Is this really the best they have? Couldn't they have found more creative lines of code to be infringing on a copyright?

      Anyway I've been looking some stuff up. TimSort was originally written into Python by Tim Peters in 2002 (BSD-style license). If I'm not mistaken, that would mean that Sun wrote a trivial check as part their own re-implementation of someone else's work, and are claiming massive copyright damages on it. If Oracle wins that, that's one hell of a precedent.

      --
      Dangerous, sexy, turing complete: Femme Bots
    6. Re:Obviousness by shutdown+-p+now · · Score: 1

      I'd put spaces around the fourth plus sign in it, though.

    7. Re:Obviousness by nedlohs · · Score: 1

      The range is [fromIndex, toIndex), so the end of the range is exclusive and hence checkRange(100, 17, 100) is supposed to be valid.

      Of course you would expect that to be documented in checkRange rather than having to look at all the callers and seeing how they use it, but apparently no one bothered. Which makes that it was copied pretty clear cut, I would hope two people couldn't be that silly.

    8. Re:Obviousness by zippthorne · · Score: 1

      In Java, do arrays start with 0 or 1?

      --
      Can you be Even More Awesome?!
    9. Re:Obviousness by Anonymous Coward · · Score: 0

      I noticed that too. That's completely insane.

    10. Re:Obviousness by styrotech · · Score: 1

      I could have misremembered this, but it gets worse than that:

      I was under the impression that it was actually Google/Android engineers that ported Timsort to Java and contributed it upstream.

    11. Re:Obviousness by R3d+M3rcury · · Score: 1

      I assume they start at 0, since the code is also checking to see if fromIndex < 0. So either the code is wrong on one end or the other, but for all I know about Java, indexes could start at zero and go up to the number given...

    12. Re:Obviousness by TheCouchPotatoFamine · · Score: 1

      anything even remotely serious will have zero-based arrays; java falls under the 'serious' category (perhaps too serious, but i'm a dynamic type of guy)

      --
      CS majors know the time/space tradeoff, but they never get taught the 3rd, crucial, tradeoff of the set: comprehension!
    13. Re:Obviousness by Anonymous Coward · · Score: 0

      If I had to implement that method, I probably would have done it the exact same way.

      I sense an expensive lawsuit in your future.

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

      Java starts arrays at index 0.

    15. Re:Obviousness by dkf · · Score: 1

      anything even remotely serious will have zero-based arrays; java falls under the 'serious' category

      That's very much not true (the classic counterexample being Fortran, which is definitely a serious language) but Java nonetheless has zero-based indexes.

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    16. Re:Obviousness by TheCouchPotatoFamine · · Score: 1

      nice to know, my gf uses fortran for modelling so i know it's serious but i would have bet much it was 0-based. can you help a bit more, and give me your opinion as to why 1-based languages make any sense, at all? I know it's a simple policy choice, but it makes as much sense as starting at the letter 'b' (with the 'a' at the end, not omitted) when reciting the alphabet. I consider myself above average in programming and can't see it; what value does it give that the lack of standardization doesn't take away? (pre)Thanks!---

      --
      CS majors know the time/space tradeoff, but they never get taught the 3rd, crucial, tradeoff of the set: comprehension!
    17. Re:Obviousness by markkezner · · Score: 1

      Wow, you're right, that's completely insane. Look at the revision history of TimSort.

      How can Oracle claim copyright damages on a file in Java's source code that is Copyrighted in 2009 by Google?
      Why hasn't Google tried to nullify the copyright claim on this file on the grounds they they wrote the code and that they themselves own the copyright?
      Why would Oracle make an issue of this file if the case for infringement is so weak?

      None of this makes any sense to me whatsoever. I feel like I'm missing something; Oracle can't be this outrageous and Google's lawyers can't be this dumb. Can someone clarify?

      --
      Dangerous, sexy, turing complete: Femme Bots
    18. Re:Obviousness by markkezner · · Score: 1

      Okay, so TimSort.rangeCheck() was allegedly copied from java.util.Arrays.

      Aside from the obviousness issues, this fact would make it slightly more sensible to use rangeCheck() for a copyright infringement case, except for the fact that java.util.Arrays was provided by Sun under the GPL v2. The GPL was written to encourage copying and modification.

      The worst I could say about Google allegedly copying this code is that they re-licensed the GPL rangeCheck() method to Apache 2.0, which you can't really do; the combination of GPL code and non-GPL code would be a GPL end product. Regardless, I still don't see a billion dollar damage claim.

      --
      Dangerous, sexy, turing complete: Femme Bots
  18. Re:U.S. court systems by thegarbz · · Score: 5, Funny

    You're soft. Back when I was teaching CS courses we punished students for copying even 1 line of code.

    Not a lot of people passed. Had something to do with "int main() {". Hmmm I wonder if that line has been copyrighted...

    - Larry P.

  19. Re:U.S. court systems by uncqual · · Score: 2, Funny

    Dude, you were easy. We didn't let them use the same characters. Usually the blatant copying of a "{" nailed them - lots of people seemed to copy that for some reason. The TAs loved it though - grading the assignments was really easy.

    --
    Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
  20. The next value will be... by luizd · · Score: 1

    See! it is obvious!

    1) $ 6100000000 = 6,1e9
    2) $ 2800000 = 2,8e6
    3) $ 150000 = 1,5e5
    4) ???

    base series: 6.1, 2.8, 1.5... 0.91!
    power series: 9, 6, 5... 4!
    So: 0.91e4 or 9.1e3 or $ 9100

    If I were Oracle, I'll be happy with the $ 150.000 offer.

  21. Re:U.S. court systems by Anonymous Coward · · Score: 5, Interesting

    The engineer made was rewriting the sort function for dalvik and contributed it back to java. He was the original author of the java sort function, and reused the java sort range check function since he believed it would all be reintegrated back into the the original java sort.

  22. Can we say Eidetic memory by niftymitch · · Score: 2

    From WP:
    "Eidetic memory ( /adtk/), commonly referred to as photographic memory,
    is a medical term, popularly defined as the ability to recall images, sounds, or
    objects in memory with extreme precision and in abundant volume."

    I would assert(tm) that the class of programmers a company like Google hires
    would have Eidetic memory to one degree or another. Fundamental patterns
    would stick and be used little different that humming a tune in the shower.

    "Double double toil and trouble fire burn and cauldron bubble... " I would further
    assert(R) that despite the geekish bent of this community a very large number
    could continue for nine line and perhaps a lot more.

    If nine lines is worth billions then programming is in trouble as a profession
    except for those that live like mushrooms.

    AND most importantly these qualities could hold an individual hostage to the
    point that an employer that wishes to enforce copyright must continue to
    pay these employees full and fair for the reasonable legal length of such copyrights
    if they wish to enforce such limitations to this degree.

    --
    Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities; Truth isn't. Mark Twain.
  23. Re:U.S. court systems by Githaron · · Score: 1, Interesting

    Barring formatting changes, considering the exception is different depending on the case, there would still need to be nine lines. I do wonder why they did not use the if/else construct though. I seems kind of wasteful to run checks on cases at are no longer possible.

  24. Re:U.S. court systems by foradoxium · · Score: 1

    university of phoenix does.

  25. Watching this is fun. by Capt.DrumkenBum · · Score: 5, Interesting

    Oracle has a history of going after smaller companies, (Ask me how I know.) and threatening litigation. Smaller companies usually fold, and just pay out. It is cheaper than court. I love that they have decided to go after someone who can afford to say "Let's let the courts decide."

    --
    If I were God, wouldn't I protect my churches from acts of me?
  26. Re:U.S. court systems by nedlohs · · Score: 4, Insightful

    Because after the exception is thrown we magically just move on to the next if?

  27. But Oracle said... by inode_buddha · · Score: 3, Informative

    But Oracle said this isn't about money! In court no less!

    --
    C|N>K
    1. Re:But Oracle said... by Anonymous Coward · · Score: 0

      Being an American corporation, aren't Oracle legally bound to making as much money as possible? Such a company cannot go to court unless it is deemed profitable to do so; the CEO could be in real trouble otherwise.

    2. Re:But Oracle said... by Some+Bitch · · Score: 1

      Being an American corporation, aren't Oracle legally bound to making as much money as possible?

      They're legally bound to run the business in line with the articles of association.

    3. Re:But Oracle said... by dkf · · Score: 1

      Being an American corporation, aren't Oracle legally bound to making as much money as possible? Such a company cannot go to court unless it is deemed profitable to do so; the CEO could be in real trouble otherwise.

      That's an oversimplification of the fiduciary responsibility rules. While yes, a company (and its board) should seek to generate plenty of profits, it doesn't have to use a monotonically-increasing measure; it can use something that will take some time to pay off and it can take risks (indeed, handling complex risks is pretty much the whole point of having companies at all). What's more, it's really hard to bring a court case just on the basis that the board made a mistake; the main recourse that shareholders have is really just to elect a new board.

      Where fiduciary responsibility really kicks in is when there is a clear financial responsibility and the option to act directly against it. The classic example is where the company (or some part of it) has been put up for sale; at that point, the board has to advertise properly and take the best offer available. FR means that the chairman can't just sell at a knock-down price to a golfing buddy. FR means that the board has to act in the interests of the owners, not against them, but it doesn't mean that the board is forced to always act in a formally-predictable way.

      Of course, some on Wall Street would like FR to mean that the company should always seek to increase the value of its stock over any measured time period — after all, that would make it so much easier for the traders to make their targets and get their fat bonuses made fatter — but that really just shows how dysfunctional Wall St really is...

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    4. Re:But Oracle said... by Anonymous Coward · · Score: 0

      Wouldn't "CEO" be the same Larry Ellison that knowingly and willfully slept with his personal secretary, knowing full well he would likely get sued for sexual harassment as soon as he broke off the relationship and fired her? Obviously THAT CEO doesn't have much to fear from the shareholders...

  28. Re:U.S. court systems by jimshatt · · Score: 5, Informative

    Those checks aren't run because an exception is thrown before that.

  29. Re:U.S. court systems by Kalriath · · Score: 1

    Sure, because only Microsoft dislikes Google. Couldn't be Apple, or Yahoo, or the government, or just a private individual.

    --
    For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  30. Re:U.S. court systems by DVega · · Score: 5, Informative

    Not only simple and small. The author of both copies is the same person: Josh Bloch. He wrote the original lines while working for Sun, and repeated the same code while working for Google. So, according the law, Josh Bloch plagiarized himself

    --
    MOD THE CHILD UP!
  31. Re:AC's by TaoPhoenix · · Score: 0, Offtopic

    I'll politely disagree -

    It's the flood of new accounts posting long sculpted messages on FP and the next 80 of us *are too lazy even to change the topic heading*. They're all signed in. Someone might even be spotting them $50 to get the Paid User preview of future stories so they can craft their long FP's.

    Everyone keeps saying "bonch" but that feels to me more like a triple confusion of Set Theory. We definitely have shills now, more this year than any other year. But it's not clear that it's "one user", the next step is "one firm", but I can't believe that exactly one shill firm is ruling the waters - so I bet there's even 3-7 of them going on.

    The AC's don't tend to post 12 line FP's with a message.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  32. Oracle statutory damages demands? by Anonymous Coward · · Score: 0

    As calculated by Hollywood accountants right?

  33. Re:U.S. court systems by Anonymous Coward · · Score: 0

    Hey! You remembered to post AC this time. Good Job!

  34. Re:U.S. court systems by Anonymous Coward · · Score: 0

    okay, I've seen the level of difficulty of a university of phoenix programming class and some of the final projects could be written in under 9 lines of code..

  35. Re:U.S. court systems by mrbester · · Score: 1

    Not only that but the function doesn't work unless there is some sort of zero indexed array whose highest index is equal to the array length.

    --
    "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
  36. 9 lines by martin-boundary · · Score: 2
    In the beginning there was the word.

    Then God ran out of money, and sold off the word to Oracle.

    "May 12, 2012. In a highly controversial Ohio court filing today, Oracle Corp. demanded damages of 6 quintillion dollars for the unauthorized use of derived literary works, including the sun, sea and sky, and fishes, animals and rocks dated from about 6000 years ago. A tiny chosen sample of humans is also expected to be sold off to the highest bidder to pay for initial court expenses."

  37. Re:U.S. court systems by sjames · · Score: 2

    Yes, because there's so many powerful poor people and so many powerless rich people.

  38. Re:U.S. court systems by Arker · · Score: 1, Insightful

    RIAA has been awarded millions in their pursuits against individuals who gave some music away. Then we have a company that is blatantly abusing copyright laws and makes tens of billions an year, and they get punished $150,000!

    Someone should look into US court system.

    I was actually thinking the same thing. And you're at -1 flamebait at the moment for speaking it. Oh well I can burn some karma if need be, because this needs to be said.

    Not that there is anything wrong with what google did here that I can see, that's not the point at all, but dont you see the double-standard here? When the RIAA sues a private individual for alleged non-commercial copyright infringement, they throw the book at them. When google gets caught here, and I would argue that the 9 lines are de minimis and probably functionally determined and the court is wrong on this, BUT, it appears that is not what the court has decided, so let's go with that. Google infringed copyright, commercially no less! and... the judge is (quite rightly) informing oracle that despite this determination the damage is minimal and therefore their recovery is likely to be a LOT less than their lawyer fees.

    Great. But why doesnt it work that way when the RIAA sues somebodies grandmother over a Britney Spears recording? Surely that is an even more minor issue than what google is stuck with here, yet the punishment would likely be far greater. That's all I am saying.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  39. Bad Summary by dlsmith · · Score: 5, Informative

    The larger figures quoted ($6.1 billion) refer to the estimated total for all infringement claims. The $150,000 discussed today is for one claim. Of course, the whole case doesn't revolve around the nine lines of code. The big (unresolved) questions are about copyright of the APIs and infringement of patents.

  40. Lots of works vs. one work by DragonWriter · · Score: 4, Informative

    When the RIAA sues, typically they sue over a large number of different copyright protected works; with up to $150,000 in statutory damages available per work without proof of actual damages or infringers profits, they are able to rack up large statutory damage awards this way.

    In the charge at issue here, Oracle has gotten a verdict on Google infringing a single work for which they have provided no evidence of actual damages or infringers profits. With up to $150,000 in statutory damages available per work, that gives them $150,000 in statutory damages available.

    Its worth noting that the judge isn't informing Oracle that their damages are minimal. He has informed Oracle that they didn't bother presenting evidence on damages or infringers profits from the infringement of the work at issue, and since they didn't do that, there is no evidence in the case on which to find anything other than statutory damages.

    The difference here is not a problem with the court system (I'm not saying that the court system does not, in many ways, favor the wealthier litigant, but the difference in the damages available in the two kinds of cases at issue in this subthread isn't actually that kind of issue.)

    If there is a problem, its with the way copyright statutory damages work (either in being too generous in the kinds of cases the RIAA brings or being too stingy in the kind of case Oracle has brought.) But its not the the people targetted by the RIAA have succeeded less well in cases where the facts at issue were parallel to those in Oracle v. Google, its that the legal rules provide larger awards without proof of actual damages when lots of works are at issue than when fewer works are at issue.

    1. Re:Lots of works vs. one work by Anonymous Coward · · Score: 2, Interesting

      Its worth noting that the judge isn't informing Oracle that their damages are minimal. He has informed Oracle that they didn't bother presenting evidence on damages or infringers profits from the infringement of the work at issue, and since they didn't do that, there is no evidence in the case on which to find anything other than statutory damages.

      Ahh, but there's 17 USC 504(b) to consider (emphasis mine)

      (b) Actual Damages and Profits. â" The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.

      Taken at face value, this means if Google infringed even a single line of code (let alone 9), Oracle is entitled to ALL of Google's gross revenue unless Google proves that each dollar was either
      1) Used for expenses or
      2) Attributable to some factor other than the infringed work

      And you probably thought statutory damages were the most unjust part of copyright law.... turns out actual damages are even worse.

      Unfortunately for Oracle, Google probably has armies of lawyers and accountants who can do the proving. Probably it will cost Google more than $150,000 just to do so.

    2. Re:Lots of works vs. one work by DragonWriter · · Score: 1

      Taken at face value, this means if Google infringed even a single line of code (let alone 9), Oracle is entitled to ALL of Google's gross revenue unless Google proves that each dollar was either
      1) Used for expenses or
      2) Attributable to some factor other than the infringed work

      And you probably thought statutory damages were the most unjust part of copyright law.... turns out actual damages are even worse.

      Two things:

      First, what you are actually pointing to as "worse" is the infringer's profits that are available in addition to actual damages, not the actual damages themselves.

      Second -- and more importantly -- your reading of Section 504(b) conflicts with the 9th Circuit precedent that is binding on the trial court here. See, among other cases, Polar Bear Productions v. Timex, 384 F.3d 700 (2004):

      Section 504(b) sets forth the evidentiary burdens for recovery of profits: "The copyright owner is entitled to recover ... any profits of the infringer that are attributable to the infringement.... In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work." 17 U.S.C. [Section] 504(b). Thus, [Section] 504(b) creates a two-step framework for recovery of indirect profits: 1) the copyright claimant must first show a causal nexus between the infringement and the gross revenue; and 2) once the causal nexus is shown, the infringer bears the burden of apportioning the profits that were not the result of infringement.

      (BTW, Slashdot's failure to handle many HTML entities in comments -- like &sect; -- is annoying.)

  41. Re:U.S. court systems by Barbara,+not+Barbie · · Score: 4, Funny

    pretty much any c program can be written in under 9 lines of code. Of course, some of those lines will be very very very very very very very very very very very very very very very very very very very very very long ...

    --
    Let's call it what it is, Anti-Social Media.
  42. The one fundamental doctrine for all IP law by Anonymous Coward · · Score: 0

    It's the height of ridiculousness to say for those 9 lines you get hundreds of millions

    This is the direction in which our entire IP system must inevitably move.

    If some piece of IP costs $6 billion to develop (using fair accounting), then it should receive $6 billion worth of protection.

    The development of 9 lines of code has a marginal cost of a few hundred dollars at most. Therefore, it should receive a corresponding amount of protection.

    This is the only approach that feels fair and sensible to most people.

    All of the most egregious problems in IP law occur when this one simple rule is violated:

    "The protection must be proportional to the investment."

    That one simple rule must ultimately become the fundamental doctrine upon which our entire IP system is based.

    Until then, we will suffer with continual strife.

  43. Dear Oracle by Anonymous Coward · · Score: 1

    Dear Oracle,

    I thought we were friends, partners, but lately you've just been all about the money... and getting all bully-boy about it just isn't my style.

    It's the end, I don't want to see you any more, you're just not the kind of guy for me any more.

    This is goodbye...

  44. Re:U.S. court systems by shutdown+-p+now · · Score: 1

    Just like copyright infringement is not theft, it's also not plagiarism.

  45. Re:U.S. court systems by Anonymous Coward · · Score: 0

    You seem to have a very superficial grasp of modern society. The world must be very easy for you to understand.

  46. Plagiarizing Yourself? by jmactacular · · Score: 1

    WHAT THE WHAT?!

    The original author wrote the same utility function twice for two different projects, and this is against the law? How is this even an issue?

    I'm befuddled.

    1. Re:Plagiarizing Yourself? by MonsterTrimble · · Score: 3, Interesting

      Because stupid amounts of money have gotten involved.

      --
      I call it 'The Aristocrats'
    2. Re:Plagiarizing Yourself? by Jesus_666 · · Score: 2

      He wrote it for Sun/Oracle while working for Sun/Oracle, hence the copyright lies with Sun/Oracle. The fact that he wrote the lines doesn't change the fact that he doesn't own the copyright.

      Things would be different if his employment contract with Sun/Oracle had said "All code produced by the employee is property of the employee and the employer merely gains a perpetual license to use and redistribute them" or if he had made a special deal about rangeCheck() to that effect. But that's highly unlikely.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    3. Re:Plagiarizing Yourself? by jmactacular · · Score: 2

      While I can see an entire program or file being given copyright which are creative in nature, it seems unreasonable that Sun/Oracle could own a copyright on a 9-line utilitarian rangeCheck function that could never be written the same way again by anyone including the original author. Was he supposed to name the variables something different? How is a programmer even supposed to remember what code they've written over the years? Chances are for a utility function, you would name things in your current convention and syntax for the language, leverage what you've learned over the years, and probably write it the exact same way.

    4. Re:Plagiarizing Yourself? by Cardcaptor_RLH85 · · Score: 5, Insightful

      I understand the entire copyright thing but how the HELL is a software engineer supposed to remember every line of code that he's ever written? If he later goes to work at a different company and re-writes the same lines for a relatively simple function like this one what happens? Can it always end like this with a lawsuit? It just feels to me that it's a waste of time to go to court over a few lines of, potentially copied, code written by one man twice.

    5. Re:Plagiarizing Yourself? by Anonymous Coward · · Score: 0

      If you were a carpenter/builder and made yourself tools while working for an employer, do you get to keep those tools when you leave? Probably not if they were made with the employer's dime and time.

      On the other hand if you brought the tools in, you should get to leave with them. Problem is some IT companies have employment contracts that effectively allow them to take ownership of those tools as well!

    6. Re:Plagiarizing Yourself? by Jesus_666 · · Score: 2

      I think that copyright isn't designed to handle cases like this. That's a real issue, especially when we're talking about trivial code like that. Perhaps copyright needs a lower bar; some point where you can say: "This is too trivial to be covered." Of course we'd need to find a reasonable definition for what's copyrightable in terms of code and we'd need to get big media to agree, at least as far as US copyright is concerned.

      This is a topic where badly-planned rules could end up doing more harm than good and I can't come up with anything reasonable right now. Anyone?

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    7. Re:Plagiarizing Yourself? by Anonymous Coward · · Score: 1

      But, if you built yourself new tools that just happened to be the same as the ones you used to have, who would find fault?

    8. Re:Plagiarizing Yourself? by Anthony+Mouse · · Score: 5, Informative

      He wrote it for Sun/Oracle while working for Sun/Oracle, hence the copyright lies with Sun/Oracle.

      Lies. This is from Groklaw's coverage of his testimony:

      Q. You left Sun and joined Google in 2004. What did you do at Google?
      A. I ported existing Google infrastructure that was primarily accessible from C++ so that it was accessible to Java. I joined the Android team in December 2008 or January 2009. Android had already been released, and phones were in the market.

      ...

      Q. Do you know of the existence of other rangecheck() functions?
      A. Yes, there's one in arrays.java. I wrote it. [Timsort: from Tim Peters, and originally in Python. The Java implementation was a port.]
      Q. Where did you get the Python version of Timsort? Was it open source [this was 2007, pre-Android]?
      A. Yes, Guido [van Rossum] pointed me to it, it's under a permissive open-source license.
      Q. What did you want to do with your Java Timsort?
      A. Put it into OpenJDK (an open implentation of the SE platform).
      Q. Who controlled OpenJDK?
      A. Sun.
      Q. How does someone contribute to OpenJDK, and had you done it before?
      A. Yes. [Discussion about source repositories, and Doug Lee at Oswego, NY].
      Q. If you worked for Google, why would you contribute to Sun's JDK?
      A. Java is important to me; it's given me a lot.
      Q. Why did you use the same rangecheck() function in Timsort as was in arrays.java?
      A. It's good software engineering to reuse an existing function.
      Q. But why use the exact same code?
      A. I copied rangecheck() as a temporary measure, assuming this would be merged into arrays.java and my version of rangecheck() would go away.
      [Discussion of Timsort dates and Android work dates.]
      Q. Was Timsort accepted and added into OpenJDK?
      A. Yes.

      In other words, a Google engineer, working at Google, wrote a function and contributed it to Java (for free). Now Oracle is trying to sue over it because of that copyright assignment, and claiming that the freely contributed code is hugely valuable and that the contributor therefore owes them big money for using it. Even if this is technically legal for them to sue over, Oracle really deserves to DIAF over this.

    9. Re:Plagiarizing Yourself? by sco08y · · Score: 1

      WHAT THE WHAT?!

      The original author wrote the same utility function twice for two different projects, and this is against the law? How is this even an issue?

      I'm befuddled.

      Because you signed a contract stating you wouldn't.

      And in this case, it looks like Oracle will get a trivial sum because you did, trivially, break the law.

      Is it illegal to wander across the street haphazardly? Sure. Is it a terrible offense? No, it's called jaywalking, and you might get a small fine for doing so. And it makes sense to discourage people from wandering into oncoming traffic.

    10. Re:Plagiarizing Yourself? by jmactacular · · Score: 1

      Yes, you get to keep your memory, your experience. You get to keep what you learned. Because everything you have learned, is what your current and future employer benefits from. That's what they're paying you for. If I knew how to write a LeftTrim() 5 years ago, and I need to write a LeftTrim today, I'm going to leverage my gained experience to write it again.

      Small utilitarian methods should not fall under copyright because they are not creative expressions on their own.

    11. Re:Plagiarizing Yourself? by jmactacular · · Score: 1

      Nonsense. Our past experience is what they hired us for. What we know, what we've learned, is an asset they're paying us for. No one could do their jobs if they couldn't leverage what they've learned in past for the future.

      But more importantly, copyright covers the larger creative expression as a whole. A small utility method is like a musical note A. You can copyright a software program and you can copyright a song because they represent a larger creative expression, but it is absurd to say copyright covers a note or a beat or a small utility method.

    12. Re:Plagiarizing Yourself? by jmactacular · · Score: 1

      How would the employer feel if your project called for a LeftTrim method and you said sorry boss, can't do my job because this other project I worked on 5 years ago also used a LeftTrim method and I don't want to break the law, I don't even want to risk it?

    13. Re:Plagiarizing Yourself? by jmactacular · · Score: 1

      That hypothetical would be crazy, software development would grind to a halt.

      We all stand on the shoulders of giants. Sometimes, even our own.

    14. Re:Plagiarizing Yourself? by Hognoxious · · Score: 1

      Someone with better musical knowledge might correct me, but even if we take smallish sequences of notes only a tiny fraction of the mathematically huge number of possibilities sound right.

      So sometimes there's an extremely limited number of way a certain thing could be done, without going out of your way to be different just for the sake of it.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    15. Re:Plagiarizing Yourself? by Anonymous Coward · · Score: 0

      I think copyright should involve some creative element. When it comes to computer code it is hard to define what is purely functional and where some creativity comes into play, but it should be clear that those 9 lines of code are purely functional and require no creativity.

    16. Re:Plagiarizing Yourself? by Anonymous Coward · · Score: 0

      I think Oracle thought the copyright infringement was much greater than this (look at what they claimed for), but when it got to the point when these 9 lines were all that was left they couldn't back down (I'm sure Ellison's ego wouldn't allow it) and had to run with what they've got. And don't forgot ORACLE's full name: One Rich Asshole Called Larry Ellison.

    17. Re:Plagiarizing Yourself? by Anonymous Coward · · Score: 0

      Waste of time? This is extremely profitable way to get government to block competition. It certainly is abhorrent to most of us, but when has protectionism ever been different?

  47. Re:U.S. court systems by shibashaba · · Score: 1

    I'd be anonymous too if that was the best attempt at being condescending I could come up with.

    --
    ---------- Open Source is capitalism applied to IP.
  48. Re:U.S. court systems by nedlohs · · Score: 1

    So show the code using OR in boolean expressions if it is so simple.

  49. Re:U.S. court systems by Anonymous Coward · · Score: 0

    Hey! You still fail at hiding the fact that you're sockpuppeting!

  50. Re:U.S. court systems by __aaltlg1547 · · Score: 4, Interesting

    Oracle is out exactly nothing because of Google's infringement. Google's benefit from using that code instead of rolling their own -- and they clearly intended to roll their own -- was less than an hour of a competent programmers time. So the benefit to Google was at most $200.

    Copyright law is not intended to protect a few lines of code. It's intended to protect the ownership and merchantability of a significant body of work.

    Let's hope they award Oracle what they ACTUALLY LOST by Google's mistake.

  51. Re:U.S. court systems by xero314 · · Score: 1

    Interestingly enough, if you do the math you will see that the poor out number the rich by a large enough amount that the poor are more powerful than the rich. But make sure the poor never actually catch on to that fact or else they might actually use their power.

  52. Re:U.S. court systems by Anonymous Coward · · Score: 1

    When I was in university taking an assembly language class, the prof. accused 9 people of cheating (plagiarism). I was one of them. I did the assignment on my own. Someone asked the prof. if it was possible to get the correct result with code that was different. He hummed for a while (there were only about 15 lines of code). Ultimately, he admitted that there was no other correct solution.

  53. Re:U.S. court systems by makomk · · Score: 4, Interesting

    In theory, the poor may collectively be more powerful than the rich, but because there's more of them the costs associated with actually organising and exercising that power are higher. For instance, suppose a handful of wealthy billionaires think that they want the law changed in a particular way that benefits them. Because their individual benefits from the change are high and they each have lots of resources, they can rationally afford to carry out their own in-depth analysis of what the law change does and whether it will benefit them and to follow it as it passes through Congress to make sure that it doesn't get amended in detrimental ways. It'd be irrational for poor individuals to each carry out this kind of in-depth analysis of whether laws benefit them because their individual expected gain from expending the time and resources required to do so is so much smaller than the cost, leaving them reliant on third-party sources of information like Fox News which have their own - often conflicting - interests.

  54. Re:U.S. court systems by Grishnakh · · Score: 1

    Powerful people aren't all super-rich. There's a lot of politicians (esp. at lower levels: city mayors, for instance) who are really just middle-class. Of course, the corrupt ones try to use their position to vault themselves into the rich classes. The OP has a good point; we should be watching out for these people, to prevent them from succeeding in that quest (where they'll become both rich and more powerful).

  55. Re:U.S. court systems by Surt · · Score: 1

    I don't know where you live, but where I live and across most of the country the liberals are the ones pushing high density housing. The McMansions were built by the unrestricted greed is good set. There are things liberals don't get right, but this isn't one of them.

    --
    "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  56. Re:U.S. court systems by shibashaba · · Score: 1

    This is in Virginia.

    --
    ---------- Open Source is capitalism applied to IP.
  57. Re:U.S. court systems by TheLink · · Score: 1

    Given the little I understand about coding, there are usually zillions of ways (many convoluted) to come up with the correct results if you don't care about doing it very well, don't care about performance, storage, robustness or readability. You could write a program to write a large subset of the possible programs.

    When you do care, the number of solutions goes down.

    --
  58. Who hates Java now by Anonymous Coward · · Score: 0

    Might sound silly, but deep inside I have this something that somehow does not make me feel so good anymore to develop in Java. Of course you cannot drop company projects or let's say your MQ broker or Glassfish/Jboss/Tomcat/whatever else with all their deployed apps.

    It just makes me think, that my personal/fun projects should be written in something else that does not have shitty news around them and do not really belong to anyone. (C - any flavor with any topping, Python, Perl, whatever fits the purpose ...)

  59. Re:U.S. court systems by Sudline · · Score: 1

    Thanks you, troll of the day. The point is not about how money makes Google but how money it make with infringing code that is near zéro.

  60. Re:U.S. court systems by Anonymous Coward · · Score: 1

    Let's hope they award Oracle what they ACTUALLY LOST by Google's mistake.

    which, lets face it, was nothing.. thats right, Oracle actually lost nothing from this, but Google has spent quite a bit of money defending a baseless suit.. perhaps they should award Google costs of the court case times three, as a punishment for Oracle

  61. Re:U.S. court systems by dontmakemethink · · Score: 2

    I have the perfect analogy for this. I'm a sound engineer, and for mixing live shows on digital consoles I can save my mix parameters of a band onto a USB key and recall them onto a same-model digital board in a competing music venue. If I load the mix I was paid to prepare by venue A into the console at competing venue B, does venue A have the right to sue venue B?

    The answer is this: if I charged venue B less because I'd already done the work paid for by venue A, then venue A could reasonably claim half the difference. So at best, Google owes Oracle half the cost Sun paid Mr Bloch specifically to write those precious 9 lines of code. Oracle should take the $150,000 and run before they're ordered to pay Google's legal bill, which is inevitable if they push this any farther.

    --

    War as we knew it was obsolete
    Nothing could beat complete denial
    - Emily Haines
  62. Re:U.S. court systems by dontmakemethink · · Score: 1

    Copyright infringement is not theft or plagiarism, it's tortuous interference. If you provide to people a copyrighted work when they could only otherwise get it legitimately by paying the copyright holder, you're on the hook for the copyright holder's losses. Just because you don't understand piracy doesn't mean you get to pretend it's ok.

    --

    War as we knew it was obsolete
    Nothing could beat complete denial
    - Emily Haines
  63. Re:U.S. court systems by sjames · · Score: 1

    Certainly they're not all super rich, particularly at the city/town level. However, even there they tent to be quite upper middle class. Far enough that the lower class sees them as rich. Lets just say that for them, total blow out economic disaster means they are forced to retire into a modest but comfortable middle class existence, not end up on welfare like much of the middle class would.

    That is, their worst case is what many if not most aspire to.

    It is reasonable to say though that they tend to have the ear and patronage of the rich and most of their resources. Their financial realities track the rich more closely than the rest of us.

    All that said, they're not the powerful ones, they're the well rewarded instruments of other's power.

  64. Copyright and theft by dna_(c)(tm)(r) · · Score: 0

    When you write a novel you own the copyright to the entire work. Even large portions of it can not be copied without your consent. But if you start extorting people for copying "I am", the original language construct you invented, then you, the copyright owner, are stealing. There are limits.

    1. Re:Copyright and theft by the_B0fh · · Score: 1

      What makes you think the person who wrote that code is the copyright owner?

  65. Re:U.S. court systems by aix+tom · · Score: 1

    No it isn't.

    - An IllegalArgumentException is thrown if the toIndex parameter less than the fromIndex parameter.
    - An ArrayIndexOutOfBoundsException indicating that fromIndex is the problematic parameter is thrown when the fromIndex is less than 0
    - An ArrayIndexOutOfBoundsException indicating that toIndex is the problematic parameter is thrown when the toIndex is bigger than the array length

    Three different cases, three different problems that need to be reported back in three different exceptions.

    Of course if someone calls has ALL those three wrong (for example by passing -7 as fromIndex and -10 as toIndex for an array from 0 to 4 ) then only the first is raised and not the two other problems.

  66. Re:U.S. court systems by aix+tom · · Score: 1

    And while completely understanding the Java code, I had problems parsing the English that your (jimshatt's) reply was already to a post mentioning the "wastefulness" of the other checks, so that the exception is OF COURSE already "thrown before that.", so you are perfectly correct. Sorry. ;-P

  67. backward vs. forward looking? by Anonymous Coward · · Score: 0

    If Google is found guilty of copyright infringement and/or patent infringement, then it is backward looking to focus on the amount of money that Oracle may win in damages and it is forward looking to focus on a permanent injunction barring Google from continuin to exploit Oracle's copyrights and/or patents without first obtaining licenses.

    To be sure, Oracle is forward looking.

    Which way are you looking?

  68. Re:U.S. court systems by Surt · · Score: 1

    Well, that's plausible. Virginia is a red state, so you don't have a ton of liberals to begin with, and it's also a more rural state, so you don't have the more typical urban liberals.

    So I'll give you 2 things to consider:

    1) Liberals are broadly anti-sprawl. Enough so that there have actually been incidences of extremists on the left setting fire to the kinds of developments that bother you.

    2) I don't know anything about Virginia politics, but given how red Virginia is, the right/Republicans ought to have had sufficient legislative control to prevent the McMansions situation. That they didn't indicates a problem either in competence or in will.

    --
    "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  69. Re:Yes, I know this is off-topic by Anonymous Coward · · Score: 0

    If GKNT chooses option 'A' (sell the "online media properties", presumably so they can stick to their core mission of selling tech-themed coffee cups and t-shirts), here is what I've come up:

    I'm sure the staff at /. are hoping that Tim O'Reilly will step in as a white knight.

    Crazy like a fox Michael Robertson of "Lindows" fame, possibly.

    There's no hope that Yahoo or Google will, as they might have about eight years ago before the financial crash. They both have plenty of issues of their own to worry about.

    The usual angel suspects Paul Allen, Steve Wozniak, Charles Simonyi etc. wouldn't be interested... not futuristic enough for them.

    The guy at Techdirt would love to but he can't afford it.

    Some clueless European outfit that nobody in the US has heard of, is always a possibility.

    I think one issue that a potential buyer would have, is the degree to which /. has become the pro-piracy, anti-RIAA/MPAA/BSA site. We see this literally every day, as an article on the piracy issue goes up and hundreds of posters all fall on one side of the issue, and get +5 mods. Any poster on the other side gets modded down. This would be regarded as unfriendly to a business based on digital IP.

  70. Re:U.S. court systems by sco08y · · Score: 1

    You fuckers were sweethearts. In my day we'd beat students black and blue if their encoded assignments used the same bits! Made them tough! And stupid! Just the way we liked 'em.

  71. Re:U.S. court systems by sco08y · · Score: 2

    The rich have pretty close to 100% control over political office and media access. I don't really see the point in differentiating.

    The problem with remarks like this is that when you try to nail down who "the rich" are, they inevitably become "people who run everything", so it's effectively a tautology. So there's some vast conspiracy of people "controlling" everything, except you can never find any ultimate point to it. Money? They're already rich and have more money than any of them need. Power? They already have it all, and further, what are they supposedly *doing* with it?

    It's a popular notion, but total bullshit.

    And you can disprove it, yourself, by simply contacting your representative. They really are very approachable and really do listen to constituents. Find an issue you're concerned about, write a letter to your representative or senator, or get them on the phone. It's that simple. If you're too lazy to do that, fine, but don't cry about how awful your government is.

  72. Re:U.S. court systems by Grishnakh · · Score: 1

    I live in Tempe, Arizona, a city of 161,000 in the Phoenix metro area. We're currently having a (very nasty) mayoral race. One of the candidates, Mark Mitchell, has been on the city council for 10 years, and is the son of a one-term US Congressman, Harry Mitchell. His current occupation is part-time carpet salesman. That's not exactly something rich people do. I once saw his father shopping at the local Fry's grocery store (which is one of the cheaper stores around here; it's a little higher-class than Food City (where everything is in Spanish), but it's not as nice as Albertson's, and certainly not at the level of AJ's Fine Foods or Whole Foods. Of course, Harry (the senior) was only a Congressman for a single term, so maybe you have to be in there a while to get rich from your connections. Anyway, the point is, from what I can tell, the city councilpeople here aren't rich people. I'm not sure about the former mayors. However, many political positions like this can and are used as stepping-stones to higher positions, where you can have the ear and patronage of even richer people and their resources as you say. I'm quite sure that's Mark Mitchell's goal in this. His whole campaign is mostly about pushing for some stupid giant conference center downtown (at taxpayer expense of course), something we have absolutely no need for, and he was instrumental in getting our nice little Mill Avenue (a street next to the university that used to be full of small, quaint businesses) ruined by pushing out the small mom-n-pop shops and replacing them with big corporate chain stores from the malls, which of course all went out of business when the economy crashed leaving the street a disaster, plus ruining the parking situation by building expensive underground parking and replacing the free parking lots with giant condo hi-rises which are all unfinished and sitting empty. The guy's all about bringing in big businesses to supposedly increase the tax base, and of course his own power; a very typical Democrat. (For some reason, many people think Democrats are for the small guy, but it's total BS, they're just as much for big business as the Republicans.)

  73. Re:U.S. court systems by kdemetter · · Score: 1

    Just looked at the code : that's function isn't even needed , Java will throw an IndexOutOfBoundsException, you could just catch that and handle it.
    You might as well copyright a for each loop.

  74. Re:U.S. court systems by sjames · · Score: 1

    from his official bio:

    Mitchell is a native of Tempe where he is a member of the Kiwanis Club of Tempe, Tempe Diablos, Tempe Leadership Class XV, Tempe Sister Cities, Tempe Impact Education Foundation, Tempe YMCA and a Board member of East Valley Partnership. Mitchell is currently on the Board of Directors for the National League of Cities (NLC), is the past Chair of the NLC City Futures Community and Regional Development Panel and a Board member for the NLC University Community Council. Mitchell is the past Chair of the University Community Council. Mitchell serves as the Vice President for the Executive Committee for the Arizona League of Cities and Towns.

    Think about it, he has a family. If he could support them AND a political campaign on the income of a part-time carpet salesman, he'd have to have a metric assload of cash socked away. That doesn't make him super rich, but he's not exactly poor.

  75. Larry cant code, so hes a dick by cheekyboy · · Score: 0

    Can larry code from Oracle?

    If he could, then he might see how crap his company is.

    hehehhe

    --
    Liberty freedom are no1, not dicks in suits.
  76. Re:U.S. court systems by Hognoxious · · Score: 1

    perhaps they should award Google costs of the court case times three, as a punishment for Oracle

    That's what they do in other countries. Well some of them. It doesn't matter exactly how many, it's enough that it's totally un-American. Soviet Russia is un-American.

    tl;dr: loser pays = commienissum.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  77. Re:U.S. court systems by Hognoxious · · Score: 1

    Soft bastards. We had to invent our own language.

    And that was in the second week of the first term.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  78. Re:U.S. court systems by Hognoxious · · Score: 1

    I wish the Liberals would stop your obsessive fixation on "the rich" and focus instead on "the powerful". Money, political office, and media access are all forms of power.

    From a purely logical point of view, you're 100% correct. If Socrates is a carrot and all lobsters are mortal, we cannot deduce one way or the other whether Plato is an alcoholic.

    However draw me a Venn diagram with the rich people in red, the politicians in green, and the media barons in blue.

    Assuming additive mixing, what do you think the ratio of white to primary colours and primary to secondary will be?

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  79. Re:U.S. court systems by Anonymous Coward · · Score: 0

    You actually read that fucking wall of text? You get marks for effort, that's for sure.

  80. Re:Digg 2.0 by Hognoxious · · Score: 0

    What you put in is what you get out.

    So you're a little dick?

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  81. Re:U.S. court systems by sjames · · Score: 1

    Because the poor only have power in large numbers, the corruption is naturally averaged out. It also suffers great deals of inertia and communications overhead that the power of a single rich and powerful person doesn't have to deal with.

    The divisibility of a collective also means that in a power struggle, individuals stand to suffer far greater consequences than individuals with significant wealth and power.

  82. Re:Digg 2.0 by Hognoxious · · Score: 1

    Was that entire bastard last paragraph one unholy run-on sentence of doom?

    Fucking hell, it was. Die soon, but not quickly.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  83. Re:cower and all that by Hognoxious · · Score: 0

    The first step to passing a Turing Test is finding a sufficiently programmable meme.

    In Soviet Russia, meme programs you!!

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  84. Re:U.S. court systems by Surt · · Score: 2

    Are you kidding? What they're doing with it is ensuring maintenance on the status quo where possible, and gradually shifting the wealth created by our society even more into their control in order to reduce social mobility.

    I contact my representative regularly. They don't respond. I try to get people to vote them out of office. It isn't working. I'm not capable of being persuasive enough to achieve the kind of change we need.

    --
    "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  85. Re:Digg 2.0 by Hognoxious · · Score: 1

    At least with twitter, while he did have FOSSie disease complete with a minor case of Voldemort (which for those that don't know, its a condition where they can NEVER type Microsoft or MSFT or MS, it always has to be "That other OS" or "M$", for an example please see Robert Pogson over at Linux Insider who has a severe case of Voldemort) he would weave these elaborate delusions around the narrative, for example he once posted that I was "A secret M$ representative in a facility in Redmond dedicated to destroying FOSS and run by Gates" which of course while completely batshit did make for a nice goldeneye style image of a secret lair complete with map of the world and Gates with a white kitteh.

    May the ghosts of Shakespeare, Dryden, Joyce, Donne, Swift & Shaw form a rota to rise from their rest and ensure you never find any. Stop it.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  86. Re:U.S. court systems by Terrasque · · Score: 1

    You had languages!? Oh, we used to DREAM about having languages!

    We had to bash our head into a sharp metal spike until the right bits were randomly generated, or we passed out from blood loss.

    And after that, for the failed students, the professor would rip their skin off and make punch cards from it!

    --
    It's The Golden Rule: "He who has the gold makes the rules."
  87. DeVry doing MBAs now? by Hognoxious · · Score: 1

    Being an American corporation, aren't Oracle legally bound to making as much money as possible?

    Use your preferred search engine and see if you can find such a law. Alternatively, find a company that has made charitable donations where the officers have been prosecuted for it.

    Such a company cannot go to court unless it is deemed profitable to do so; the CEO could be in real trouble otherwise.

    One slight problem: knowing in advance what the result will be. That would apply to lots of other things too - launching a new product, open (or closing) a factory.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  88. Re:U.S. court systems by shibashaba · · Score: 1

    To be more specific, this was Northern VA, Prince William County to be exact.

    McMansions are very profitable, so thats mostly what developers are interested in when they have smaller tracts of land. So thats what got built all over the rest of the country.

    This was pretty much that last major development in the county. At first, everyone was against it because of all the other developments. People on both side just wanted it done. But the population was booming and something had to be done. So it very quickly turned into the conservatives fighting for a free market vs the liberals fighting sprawl under the guise of protecting the environment.

    Lack of will power could explain it, to be honest though, I think no one really gave a damn as far as planning intelligently. Just mindless short sighted politics(on both sides) that goes on in this country all the time.

    I wish they would set fire to it, it's gonna be a mess after everything gets bulldozed after all the foreclosures.

    --
    ---------- Open Source is capitalism applied to IP.
  89. Re:U.S. court systems by shibashaba · · Score: 1

    I forgot to mention Northern VA is a lot more liberal than the rest of the state. It's almost a completely different state.

    --
    ---------- Open Source is capitalism applied to IP.
  90. Re:U.S. court systems by Surt · · Score: 1

    Yeah, sadly I'd have to agree with the shortsightedness on both sides. As much as I dislike the right's ideas, the left's leadership is useless for actually trying to get anything done. Depressingly, the right seems to have the more capable leaders in this generation (not that any of them are superb, but the right's seem stronger).

    --
    "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  91. OP is a bit confused by Anonymous Coward · · Score: 0

    The original poster is a bit confused by this. The 9 line is applies to Oracle's copywrite portion of the lawsuit. Nothing has been decided on the patient argument which goes to trial next.

  92. Re:AC's by hairyfeet · · Score: 1

    Normally i don't respond after the first day but since you seem to be confused and have missed the previous post I will explain. if you have ever played DM in a game that allows chat you quickly find that there are trolls that love to spam the words nigger and faggot to the point of absurdity. It doesn't matter what is going on in game, or what is done or isn't, because no matter what you WILL hear constant strings of profanity with either of those two words or both in the sentence.

    Since you missed the earlier post I was using this behavior as a metaphor with what we are currently seeing on Slashdot, where it doesn't matter what the topic is, whether the person is upmodded or down, because within the first 5 post you WILL get the /. equivalent of those DM players with their "nigger faggot" garbage only in the case of /. it is the "shill astroturfer' posts which just break the flow and will derail the conversation just as having some 14 year old screaming "you damned nigger faggot!" can break the gameflow and ruin what was otherwise an enjoyable afternoon of game play.

    So i hope that clears things up, its not a slur against any race or sexual preference but just an easy to understand (at least for those of us who DM) metaphor for derailing something with pointless insults. Lets face it, considering how damned obvious corporate paid shills and astroturfers are, with their using key talking points like "synergy' or "vertical integration" or other marketing drone buzzwords there really is NO point in the constant screaming of those words yet in article after article that is EXACTLY what one gets here now. Frankly its no wonder readership is going down because again to use a game analogy its like those MP games that do nothing to discourage wall hacks or aimbots, the BS quickly reaches a point most would rather be elsewhere than deal with the shit.

    --
    ACs don't waste your time replying, your posts are never seen by me.
  93. Re:U.S. court systems by sco08y · · Score: 1

    Are you kidding? What they're doing with it is ensuring maintenance on the status quo where possible, and gradually shifting the wealth created by our society even more into their control in order to reduce social mobility.

    Reduce social mobility, what is this, neo-feudalism? How? And to what end? When you're making less sense than the plot of the X-Files, you're doing it wrong.

    I contact my representative regularly. They don't respond.

    Really, they don't even answer the phone?

    I try to get people to vote them out of office. It isn't working. I'm not capable of being persuasive enough to achieve the kind of change we need.

    Two problems: the point isn't to get people out of office, it's to get your guy into office. That means you first need to have your guy. Second, you're confusing what "you want" with what "we need." To be persuasive, you have to be honest and admit that you've got an agenda like everyone else. Until you do that, you can't find common interest with others and put a movement together.

  94. Re:U.S. court systems by Surt · · Score: 1

    Re: social mobility:

    how: by reducing the distribution of the wealth production of the country. The statistics don't lie, it has happened.

    why: to reduce the capability of the lower classes to disrupt their wealth/control in the short or long term.

    And indeed, my representative does not answer the phone. She has glad handers to do it for her.

    And yes, obviously I'm trying to get someone else elected when I say I'm trying to get her out. And of course I have an agenda, everyone does, that's the very definition of politics. I happen to believe, earnestly, that my goals align better with the interests of the vast majority of the population.

    --
    "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  95. Re:U.S. court systems by Coren22 · · Score: 1

    That's why my card punch used triangles!

    --
    APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  96. Re:Yes, I know this is off-topic by Coren22 · · Score: 2

    Perhaps because it is a troll? The article is about a research paper trying to make the point that search results should be considered free speech, what does that have to do with antitrust?

    --
    APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  97. Re:U.S. court systems by P-niiice · · Score: 1

    So your best example as to Liberal meddling in the economy is the fact that Liberals where you are insisted that they live in McMansions instead of apartments, and they hate mass transit? Where do the conservatives live, in eco-friendly apartments with plenty of bus service? Also why did a bunch of liberals move in and not conservatives? Was there some conservative ethnic cleansing driving them in from somewhere else or something?

  98. Re:U.S. court systems by shibashaba · · Score: 1

    You make far too many assumptions for me to even try to discuss anything with you.

    Where you got ethnic cleansing from, that this was my best example, that liberals wanted to live in a certain place, etc is all beyond me and I'm sure anyone else.

    Are you even old enough to vote?

    --
    ---------- Open Source is capitalism applied to IP.
  99. Re:U.S. court systems by MikeBabcock · · Score: 1

    What you said was true until you used the word 'piracy' which is loaded and invalid.

    "Copyright Infringement" is all it is, piracy is something else entirely that implies theft of a physical item that cannot be duplicated for free (and often death of the original owner).

    --
    - Michael T. Babcock (Yes, I blog)
  100. Re:U.S. court systems by MikeBabcock · · Score: 1

    Or its possible that your opinion is in the minority and shouldn't win out in a democracy.

    --
    - Michael T. Babcock (Yes, I blog)
  101. Re:U.S. court systems by Surt · · Score: 1

    Absolutely. There is a critical difference between being right and being popular.

    --
    "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  102. Re:U.S. court systems by MikeBabcock · · Score: 1

    Democracy has little to do with the first :)

    --
    - Michael T. Babcock (Yes, I blog)
  103. Re:U.S. court systems by causality · · Score: 1

    In theory, the poor may collectively be more powerful than the rich, but because there's more of them the costs associated with actually organising and exercising that power are higher. For instance, suppose a handful of wealthy billionaires think that they want the law changed in a particular way that benefits them. Because their individual benefits from the change are high and they each have lots of resources, they can rationally afford to carry out their own in-depth analysis of what the law change does and whether it will benefit them and to follow it as it passes through Congress to make sure that it doesn't get amended in detrimental ways. It'd be irrational for poor individuals to each carry out this kind of in-depth analysis of whether laws benefit them because their individual expected gain from expending the time and resources required to do so is so much smaller than the cost, leaving them reliant on third-party sources of information like Fox News which have their own - often conflicting - interests.

    Old thread I know.. but wanted to weigh in here all the same.

    The poor and the middle class are their own worst enemies. Do you know why? Because when monied interests air advertising, TV interviews, and press releases to try and convince everyone else to vote their way, the average person (who is not wealthy) just eats that shit up. You know what the average person does not do, not even when the issue is important to them? They don't inform themselves. They don't take a hard look at who benefits from the suggested action, what the consequences could be, or whether other societies which did similar things lived to regret it. They think that's someone else's job.

    In the Information Age they have absolutely no excuse for this. You don't even have to drive to your library anymore. It's as though they sincerely believe that political agendas and monied interests are going to be completely honest with them and truthfully tell them all about the downsides of their proposals. They do not seem to comprehend that advertising is the most biased information source imaginable, and that not all advertising is clearly labelled as such. Much of it tries to pass for legitimate news.

    --
    It is a miracle that curiosity survives formal education. - Einstein