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Google vows to fight Oracle lawsuit as Java creator speaks out

Posted by Scott_Ruecker on · 9 comments
LinuxDevices.com; By Eric Brown
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Google has vowed to fight Oracle's patent lawsuit over use of Java patents in Android, claiming that Android's Dalvik implementation is not covered. Meanwhile, Java creator James Gosling blogs that neither side in the lawsuit is without blame, but calls the suit a victory for "ego, money and power" at the expense of open software development, says eWEEK.

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Comments (9)

My first reaction was thinking, "I thought Sun released Java under the GPL!" Then, I see they released a "majority" of it. I'm guessing Google was dinking around with the non-Free parts, then. I'm really curious to see what bits the claim comes from.
Not really. It's a matter of circumvention, patent grants, and license requirements. Take a look at these, in order:

http://www.groklaw.net/article.php?story=20100813112425821

http://www.groklaw.net/article.php?story=20100815110101756
Patents aren't like copyright. Circumvension with a patented thing means doing things a completely different way, pretty much...
Circumvention of a Patent means doing something different than what is claimed in the Patent. Meaning, if a patent specifies that something requires 'X', and you use 'Y', chances are good that you're outside the patent (watch out for "ideal embodiment" though).

Whereas, with "non-literal elements" covered by copyright, if someone uses XYZ and you use XyZ, there's still a good chance that you've still infringed on the copyright, especially if y produces the same results as Y.
Darren:

Is "ideal embodiment" a term of art? How does it compare/contrast with the "reference implementation" in a patent application?
dupe deleted by me.
"ideal embodiment" is the term that a patent attorney had me use when writing up a patent on a particular approach to speech recognition.

It allows a certain amount of "wiggle room" so that a competitor can't make a minor cosmetic change to circumvent a patent.

See this patent for another example: http://www.docstoc.com/docs/50367838/Hair-Curler---Patent-58...
OK, got a pretty good explanation on this from http://www.betaversion.org/~stefano/linotype/news/110/

Since Google is not using Java ME to derive Dalvik (as much as I understand it), Oracle may have some trouble with this one. Going to be an interesting ride.
Quoting:"I thought Sun released Java under the GPL!" Then, I see they released a "majority" of it.


Yes, but that was several years ago an from what I know the OpenJDK project provides a complete JDK. At least I never tripped over missing stuff and never heard anyone complaining... so if there's anything missing, it's nothing useful ;)

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