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Oracle Files Motion to Strike Google's Answer, Some Counterclaims

Posted by Scott_Ruecker on · 5 comments
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When I first started to read the title of the motion, I thought with joy that Oracle was dismissing its complaint. But of course, no. That's in my perfect alternate universe, where Oracle comes to its senses and the parties work it all out, in the FOSS community way. Instead, it is asking the court to dismiss parts of Google's Answer -- some of its counterclaims, particularly the ones claiming that Oracle's patents are invalid -- some of Google's affirmative defenses -- which Oracle calls improbable and too vaguely pleaded -- and believe it or not it would like to censor some of the factual background material in Google's Answer. It says paragraphs 7 through 22 of Google's Answer are merely "a long list of self-congratulatory remarks and polemics that have nothing to do with Google’s counterclaims for non-infringement and invalidity." Oracle says they are immaterial and impertinent. It is to laugh, as they say. Silly stuff already, and we're just clearing the runway.

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Comments (5)

Ridcully ·
I have already said in discussions about OOo and the Document Foundation how much concern I have over Oracle's ownership and future management/stewardship of FOSS projects including OOo and Java. PJ is now putting precisely those concerns in print. Personally, I think that if Oracle continues to accelerate down the path it is now taking, it risks alienating the entire FOSS community and that would be a shame given Oracle's apparent desire to use Linux as part of its offerings.

It's past high time for Oracle to take a deep breath, step back, and think ~ in particular about the legal advice they are receiving, and given PJ's analysis in the article, that is something for very considerable worry. Oracle's actions have already lead (for whatever reason) to a forking of OOo; it now looks very much like Oracle is proceeding to apply a perceptual taint to Java and that could lead to the dropping of Java by the developers. Ultimately this cannot be good for Oracle ~ you do NOT bite the FOSS community hand that is contributing to your welfare.
herzeleid ·
Circling the drain? circling the wagons? circling like vultures?
gus3 ·
@herzeleid, I'm not sure how to congratulate you for that excellent retort, but it is very worthy of any +1 from LXer.com. Consider yourself modded up.
tracyanne ·
and may they all turn into emus and kick their f f fu foolish heads in.
Ridcully ·
".....and coming home to roost !"........It's an old expression herzeleid, meaning you are about to reap what you have sown. But I do like circling like vultures........they don't roost, they tear into the carrion carcase. Perhaps we could get tracyanne's chickens circling the lawyers as well ?

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