Google vows to fight Oracle lawsuit as Java creator speaks out
|
|
|
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
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.
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?
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...
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.
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 ;)
Post a comment
A free account is needed to post. Write your comment here first: your text is kept in this browser while you sign up or log in, and is waiting for you when you come back.
Your message:Markdown: **bold**, *italic*, [text](https://link), - lists, > quotes, $x^2$ for math. Formatting help
Sign up and post (it is free) or Log in and post
