Well, if you've already reverse-engineered the spec, you're not going to find much useful in it - except confirmation that you got it right. Unlike, say, Java, where you can only get the conformance test tools if you pay beaucoup buck$ and sign an NDA - hardly open source.
The Flex SDK is one of several open-source projects in a Subversion repository hosted by Adobe. Subversion is an open-source revision control system used for many open-source projects. If you haven't used it before, please see the official documentation. For a high-level overview of source control concepts, see A Visual Guide to Version Control.
If you don't feel like downloading anything, you can browse the source tree. going through it, I picked a lib at random, and I see it's licensed under the Apache license - that's pretty much a F/LOSS license in most people's books.
The SCO case was VERY simple. So simple, in fact, that no matter how hard SCO tried, the jury was able to quickly boil it down to one big NO.
But you missed my point - it's the thousands of hours of discovery that is going to cost in this case - and that's what they're looking at - thousands of hours of discovery.HP will make sure Oracle spends and spends and spends. HP has to - they're the #1 vendor of server hardware, and they can't let anyone threaten that. When you look for a server, the top names are HP, IBM, Dell, Sun, and Fujitsu/Siemens, So who owns Sun? Oracle. Who has a problem nowadays getting people to take them seriously in the long-term server market? Sun.
Oracle wanted a "complete stack". They got one, but they don't know how to sell it. HP does - they sell more servers than anyone else. So unless they quickly un-hire Hurd, we're going to get a peak at all sorts of juicy Oracle-Sun stuff.
First off, the whole thing is a red herring. Contrary to what posters have written, California's civil code allows for the enforcement of non-competes when it comes to trade secrets.
The contract is a California contract. There is only one venue for it.
If we want to pursue the red herring further, look at the venue-shopping that went on in all the SCO litigation. (or have you forgotten that suse sued and won outside the US)?
However, Hurd is screwed under California law, so it doesn't matter. What he did was illegal under California's civil code, and HP is calling Oracle to account over it.
The guy agreed to a payment of over $12 million on August 6th (see page 47 of the exhibits) in return for his agreement not to do what he just did exactly one month later. This screams bad faith.
If there is even ONE email between Hurd and Oracle, ONE phone call - he's dead meat.
Get a half-decent content model - not the DOM. And not HTML. In other words, apply that age-old truth - "Different tools for different jobs." Otherwise, you'll always be behind implementations that do this (think swf, which is an open specification free for anyone to implement).
In other words - why didn't moz implement native support for the swf spec instead? The spec is out there, you can also freely download the SDK directly from Adobe, as well ss Flex, etc. They even invite people to do this:
The SWF file format is available as an open specification to create products and technology that implement the specification.
Or maybe they could fix their browser so that badly-written pages don't grab 175% cpu and all available memory on multi-core machines.
You also get cross-platform from one codebase for free. Windows, Linux, BSD, even the Wii! And since smartphones will increasingly be able to run flash, why bother with anything else (especially slow non-portable html5 games).
I don't think it matters if you game is open source, just the tools you are using. I think using flash goes against their goal. There are plenty of flash games, they are trying to show games that use open platforms.
The SWF file format is available as an open specification to create products and technology that implement the specification. SWF 9 introduced the ActionScript(TM) 3.0 language and virtual machine. The SWF 10 specification expands text capabilities with support for bidirectional text and complex scripts with the new DefineFont4 tag. The DefineBitsJPEG4 tag allows embedding JPEG images that have an alpha channel for opacity and also a smoothing filter. SWF 10 also adds support for the free and open-source Speex voice codec and for higher frequencies in the existing Nellymoser codec.
You can also download their SDKs, etc. There's nothing stopping anyone from implementing flash and/or flex - the specs are all out in the open, as are the tools.
It's a completely open spec that adobe has made available to anyone who implement it
SWF File Format Specification (Version 10)
The SWF file format is available as an open specification to create products and technology that implement the specification.
You can also download their flash and flex SDKs, and other stuff.
The problem isn't flash - it's single-threaded browsers that sh*t all over themselves when a badly-written page (doesn't matter the content) ends up pegging your cpu, eating all your memory, and making you wonder if they ever heard of threads.
The SWF file format is available as an open specification to create products and technology that implement the specification. SWF 9 introduced the ActionScript(TM) 3.0 language and virtual machine. The SWF 10 specification expands text capabilities with support for bidirectional text and complex scripts with the new DefineFont4 tag. The DefineBitsJPEG4 tag allows embedding JPEG images that have an alpha channel for opacity and also a smoothing filter. SWF 10 also adds support for the free and open-source Speex voice codec and for higher frequencies in the existing Nellymoser codec.
Adobe seriously considers all feedback to the SWF file format specification. E-mail any unclear or potentially erroneous information within the specification to Adobe at flashformat@adobe.com.
Same as pdf, same as a lot of other stuff
They also have an swf sdk that you can download if you want to implement your own flash development environment. They "get it." They know that the best way to stay #1 is to constantly challenge themselves by encouraging competition.
You can decompile anything - and since adobe released the full spec for swf, it's hard to say it's less open
However, that's not the point - the point is that html5 games are crappy in terms of performance compared to flash. It's the same as the current "manipulate the dom" model - a stupid hack that wouldn't have gone anywhere in a sane world.
You obviously didn't read the complaint. Read it - page 6, line 7:
Hurd was responsible for the creation of HP's strategic business plans, including its FY2010 and FY2011 business plans.
You say:
Oracle's relational database isn't a competitor to any relational database that HP creates, because they don't create relational database server software.
Oracle competes with HP in the server market.
Squeezing better margins out of HP doesn't involve trade secrets. Just because you understand how a company works and makes decisions doesn't make your knowledge of that a trade secret. If he knew of specialized technologies and was able to shepherd the workers to build that product (or to better it) then he would have trade secrets, but I highly doubt he's written a single line of code. Hurd's knowledge isn't specific enough to be considered trade secrets (in those areas). Now, if he knew the formula to their "ink" (say, as maybe Pepsi knew the formula to coke) and he was able to give that out to his new employer, then it would be specific knowledge of trade secrets.
Unfortunately, you don't know what you're talking about. Trade secrets include knowledge of internal procedures. Hurd is familiar with them. Trade secrets include knowledge of specific business plans - Hurd was responsible for writing HP's FY2010 and FY2011 business plans.
Also, "say, as maybe Pepsi knew the formula to coke" - Pepsi knows the formula. When Coca-cola introduced New Coke, Pepsi successfully cracked the formula for the original Coke, and was prepared to market it (the project was named Savannah Cola"). Since the formula was only protected by trade secret, and not patent, Pepsi had every right to market a duplicate.
http://boards.fool.com/buffett-speaks-at-columbia-17197137.aspx
In reality, Coke can make Pepsi and Pepsi can make Coke. You can break down the formula. At one point, Pepsi was moving towards introducing a product called Savannah Cola, which was equal in formula to the Old Coke. The only problem they faced was that one of the ingredients from the formula was hard to obtain because almost the entire production was purchased by the Coca Cola company. Little by little, they were able to obtain this ingredient and were within 2 weeks of bringing it out when Coke relented and made Classic Coke.
You wrote:
Anyone working at HP in marketing or say as the manager of the department, etc could have that specific knowledge.
And they're all enjoined from using it elsewhere by trade secret law. What don't you understand about that? It's right there in the california civil code. Have you ever even signed an NDA?
He'd be "going to work" in other jurisdictions. If he breeches the contract in that jurisdiction, and both HP and Oracle have business presences there, that's the proper venue, since any 3rd party will obviously also have a presence in that jurisdiction.
Example - Hurd goes to New York to talk to Wall Street analysts. He has breached the covenant he made while in New York, the parties he breached it with have their head offices in New York, everyone met in New York for a specific purpose that had, as one if it's key components, Hurd breaching the contract, and both Oracle and HP do business in New York. Not all the parties will have a presence in California.
Under those circumstances, it could be argued that New York would be the proper venue. Besides, he's liable under California civil code anyway - contrary to what stupid posters wrote about non-competes being void in California. Sharing trade secrets is competing, and illegal.
1. Him staying on does not affect wikileaks in any way. He's not the president of HP. Let's try to get at least a modicum of perspective here. It certainly doesn't affect "sales".
2. "The only thing worse than bad publicity is no publicity" works in wikileaks favour. People who never heard of them know about them now.
3. It doesn't have any effect on credibility. Video evidence stands or falls on its own merits. If you believe something "because someone in authority made up your mind for you", you've already handed your right to hold opinions to someone else. You're better off in church, where "argument from authority" as, opposed to judging the evidence on its merits, is the norm.
4. When life hands you a lemon, you don't step aside - you open up a lemonade stand. The original investigation dismissed the allegations, so now Assange should certainly have the benefit of the doubt.
So all it takes is an unproven allegation and someone should just quit?
Have you ever been purposefully smeared? Try reporting a child abuser, and watch how quickly they'll smear you with lies.
Bottom line - if you didn't do anything wrong, you do not quit. Quitting not only serves your attackers interest, it also encourages others to do the same, as well as sending a message in many peoples minds that "where there's smoke, there's fire."
The presumption of innocence either means something, or it doesn't. There's no half-way measure - just like you can't be "sort of pregnant."
I propose forcing women to think like computers instead of like women. They would be much easier to interact with.
So logically, until you lose that beer gut, learn to pick your socks up off the floor, do laundry and dishes and clean up after you "help" by cooking and leaving a god-forsaken mess, and ask for directions when you're lost, you fail the unit testing process. Better be ready to go f$ck yourself:-)
I never said Ellison was a stupid man. Just arrogant, and sometimes arrogance makes people do things that, in retrospect, are very stupid. He's going to be one of the John Does that are mentioned in the lawsuit. Discovery will be a painful experience. This may be his CowBoyNeal moment.
12 million will disappear VERY quickly in a case like this - discovery will be both VERY extensive and VERY expensive. To put it into perspective - all the parties in the SCO case have spent north of $100 million so far (SCO and Novell together make up more than half that, and then there's IBM, RedHat, Autozone, etc). And it ain't over yet.
Also, the agreement specifies that he will indemnify HP both for proven damages as well as statutory damages. If the courts look at the evidence from the face of the agreement - that his non-compete was worth $12,224,693, and decide to fine him triple damages, and then we throw in the lawyer's fees, there's over $50 million just out of his pocket. Then there's Oracle and John Does # 1 through 25.
If you get caught breaking a law in Kansas, you don't get to argue that you should be tried in California. the minute he steps out of California, he opens himself up to additional lawsuits, because of the venue the breech of contract is taking place. He goes to attend a meeting on behalf of Oracle in New York, that's where he commits the breech, that's the proper venue.
He got over $12 million as a separation payment in which he specifically reaffirmed that he would not work for a competitor for a year. Oracle names HP as a major competitor in the 10k SEC filing. Both he and Oracle are properly being sued already under section 3426 of the California Civil Code - this would just be additional lawsuits.
You yourself say that she had access to the police records. That is highly irregular in the early days of an investigation. Even cops in other departments wouldn't normally get to see them.
Especially since he signed a separation agreement that paid him $12,224,693.00 in return for keeping those secrets, and agreeing not to accept employment that would conflict. He can now kiss that money good-bye, as the lawyers will eat it up.
Any non-compete clauses in a contract are invalidated by California law.
So Hurd can never leave California to visit an Oracle office elsewhere without being slapped with a lawsuit in another jurisdiction. Sounds like HP will enjoy that:-)
They're alleging
misapropriation of trade secrets (article 2 of the complaint)
breech of contract (article 3 of the complaint)
They cite California Civil Code 3426.2(a), so no, contracts are not automatically invalidated - it depends on the terms of employment.
California Civil Code Section 3426.2
(a) Actual or threatened misappropriation may be enjoined.
Upon application to the court, an injunction shall be terminated when
the trade secret has ceased to exist, but the injunction may be
continued for an additional period of time in order to eliminate
commercial advantage that otherwise would be derived from the
misappropriation.
(b) If the court determines that it would be unreasonable to
prohibit future use, an injunction may condition future use upon
payment of a reasonable royalty for no longer than the period of time
the use could have been prohibited.
(c) In appropriate circumstances, affirmative acts to protect a
trade secret may be compelled by court order.
It's quite simple - his new job at Oracle puts him in a position where he will be violating HP trade secrets. He simply cannot work as the CEO of any large US IT company without attracting such a lawsuit.
Slashdot Mirror
They make plenty of other stuff available as well - you can download the Flex SDK source
If you don't feel like downloading anything, you can browse the source tree. going through it, I picked a lib at random, and I see it's licensed under the Apache license - that's pretty much a F/LOSS license in most people's books.
But you missed my point - it's the thousands of hours of discovery that is going to cost in this case - and that's what they're looking at - thousands of hours of discovery.HP will make sure Oracle spends and spends and spends. HP has to - they're the #1 vendor of server hardware, and they can't let anyone threaten that. When you look for a server, the top names are HP, IBM, Dell, Sun, and Fujitsu/Siemens, So who owns Sun? Oracle. Who has a problem nowadays getting people to take them seriously in the long-term server market? Sun.
Oracle wanted a "complete stack". They got one, but they don't know how to sell it. HP does - they sell more servers than anyone else. So unless they quickly un-hire Hurd, we're going to get a peak at all sorts of juicy Oracle-Sun stuff.
If we want to pursue the red herring further, look at the venue-shopping that went on in all the SCO litigation. (or have you forgotten that suse sued and won outside the US)?
However, Hurd is screwed under California law, so it doesn't matter. What he did was illegal under California's civil code, and HP is calling Oracle to account over it. The guy agreed to a payment of over $12 million on August 6th (see page 47 of the exhibits) in return for his agreement not to do what he just did exactly one month later. This screams bad faith.
If there is even ONE email between Hurd and Oracle, ONE phone call - he's dead meat.
x86-64 is where the action is.
Maybe North Korea will make a game that lets you bomb NewsCorp and Fox.
Do you play the game or not? Some people would be *so* conflicted ...
Only if you allow it to - or if your laptop was supplied by an American school board.
Sure, they can steal some flash cookies. But you already use a cookie blocker that takes care of both flash and regular cookies, right?
In other words - why didn't moz implement native support for the swf spec instead? The spec is out there, you can also freely download the SDK directly from Adobe, as well ss Flex, etc. They even invite people to do this:
Or maybe they could fix their browser so that badly-written pages don't grab 175% cpu and all available memory on multi-core machines.
Flash runs great on the Wii - without the need to write specifically to the Wii platform. Same app, same appearance.
You also get cross-platform from one codebase for free. Windows, Linux, BSD, even the Wii! And since smartphones will increasingly be able to run flash, why bother with anything else (especially slow non-portable html5 games).
Flash is an open platform.
Other Adobe Open Source Stuff
You can also download their SDKs, etc. There's nothing stopping anyone from implementing flash and/or flex - the specs are all out in the open, as are the tools.
You can also download their flash and flex SDKs, and other stuff.
The problem isn't flash - it's single-threaded browsers that sh*t all over themselves when a badly-written page (doesn't matter the content) ends up pegging your cpu, eating all your memory, and making you wonder if they ever heard of threads.
Please stop spreading lies.
Same as pdf, same as a lot of other stuff
They also have an swf sdk that you can download if you want to implement your own flash development environment. They "get it." They know that the best way to stay #1 is to constantly challenge themselves by encouraging competition.
However, that's not the point - the point is that html5 games are crappy in terms of performance compared to flash. It's the same as the current "manipulate the dom" model - a stupid hack that wouldn't have gone anywhere in a sane world.
You say:
Oracle competes with HP in the server market.
Unfortunately, you don't know what you're talking about. Trade secrets include knowledge of internal procedures. Hurd is familiar with them. Trade secrets include knowledge of specific business plans - Hurd was responsible for writing HP's FY2010 and FY2011 business plans.
Also, "say, as maybe Pepsi knew the formula to coke" - Pepsi knows the formula. When Coca-cola introduced New Coke, Pepsi successfully cracked the formula for the original Coke, and was prepared to market it (the project was named Savannah Cola"). Since the formula was only protected by trade secret, and not patent, Pepsi had every right to market a duplicate. http://boards.fool.com/buffett-speaks-at-columbia-17197137.aspx
You wrote:
And they're all enjoined from using it elsewhere by trade secret law. What don't you understand about that? It's right there in the california civil code. Have you ever even signed an NDA?
Example - Hurd goes to New York to talk to Wall Street analysts. He has breached the covenant he made while in New York, the parties he breached it with have their head offices in New York, everyone met in New York for a specific purpose that had, as one if it's key components, Hurd breaching the contract, and both Oracle and HP do business in New York. Not all the parties will have a presence in California.
Under those circumstances, it could be argued that New York would be the proper venue. Besides, he's liable under California civil code anyway - contrary to what stupid posters wrote about non-competes being void in California. Sharing trade secrets is competing, and illegal.
2. "The only thing worse than bad publicity is no publicity" works in wikileaks favour. People who never heard of them know about them now.
3. It doesn't have any effect on credibility. Video evidence stands or falls on its own merits. If you believe something "because someone in authority made up your mind for you", you've already handed your right to hold opinions to someone else. You're better off in church, where "argument from authority" as, opposed to judging the evidence on its merits, is the norm.
4. When life hands you a lemon, you don't step aside - you open up a lemonade stand. The original investigation dismissed the allegations, so now Assange should certainly have the benefit of the doubt.
Have you ever been purposefully smeared? Try reporting a child abuser, and watch how quickly they'll smear you with lies.
Bottom line - if you didn't do anything wrong, you do not quit. Quitting not only serves your attackers interest, it also encourages others to do the same, as well as sending a message in many peoples minds that "where there's smoke, there's fire."
The presumption of innocence either means something, or it doesn't. There's no half-way measure - just like you can't be "sort of pregnant."
So logically, until you lose that beer gut, learn to pick your socks up off the floor, do laundry and dishes and clean up after you "help" by cooking and leaving a god-forsaken mess, and ask for directions when you're lost, you fail the unit testing process. Better be ready to go f$ck yourself :-)
I never said Ellison was a stupid man. Just arrogant, and sometimes arrogance makes people do things that, in retrospect, are very stupid. He's going to be one of the John Does that are mentioned in the lawsuit. Discovery will be a painful experience. This may be his CowBoyNeal moment.
Are you kidding? HP has been #1 in the server market for 8 straight years. A lot of Oracle stuff runs on HP equipment, and Hurd knows enough about HPs marketing and internals to help Oracle squeeze better margins out of HP.
Also, the agreement specifies that he will indemnify HP both for proven damages as well as statutory damages. If the courts look at the evidence from the face of the agreement - that his non-compete was worth $12,224,693, and decide to fine him triple damages, and then we throw in the lawyer's fees, there's over $50 million just out of his pocket. Then there's Oracle and John Does # 1 through 25.
He got over $12 million as a separation payment in which he specifically reaffirmed that he would not work for a competitor for a year. Oracle names HP as a major competitor in the 10k SEC filing. Both he and Oracle are properly being sued already under section 3426 of the California Civil Code - this would just be additional lawsuits.
You yourself say that she had access to the police records. That is highly irregular in the early days of an investigation. Even cops in other departments wouldn't normally get to see them.
Especially since he signed a separation agreement that paid him $12,224,693.00 in return for keeping those secrets, and agreeing not to accept employment that would conflict. He can now kiss that money good-bye, as the lawyers will eat it up.
So Hurd can never leave California to visit an Oracle office elsewhere without being slapped with a lawsuit in another jurisdiction. Sounds like HP will enjoy that :-)
They're alleging
They cite California Civil Code 3426.2(a), so no, contracts are not automatically invalidated - it depends on the terms of employment.
It's quite simple - his new job at Oracle puts him in a position where he will be violating HP trade secrets. He simply cannot work as the CEO of any large US IT company without attracting such a lawsuit.