Oracle vs Google patent war


by Borek
Tags: google, java, open source, oracle, patent
Borek
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#1
Aug27-10, 07:12 AM
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Seems like nobody yet posted about it:

http://www.bloomberg.com/news/2010-0...a-patents.html

In short - Oracle sues Google for patent infringements, but some see it as if it is not Google that is targeted, more like market of mobile devices and open source software in general.

http://www.javaworld.com/javaworld/j...acle-java.html

the means Oracle has chosen are extremely disruptive. The lawsuit essentially asserts Oracle's sole right over any Java technology, even if it doesn't use the Java trademarks. This calls into question the whole foundations of how the Java ecosystem has worked since Sun open sourced the code, and will certainly make anyone thinking of launching a project based on the Java codebase think twice if they can't write a check to Oracle up front.
Any comments?
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airborne18
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Aug27-10, 07:33 AM
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Interesting, but it is expected.

Trademark and patent law require that you assert ownership rights and litigate or face losing your patent.

This is the reason that Opensource is not embraced in the US by the corporate world. Companies want to be able to write a check and get a suitable for framing license, that they can show in court proving they are legallly using the software.

I remember the Wordperfect lawsuit, and the price tag of 10,000 per violation, so per desktop really changed the view of software development. I remember for the years following that lawsuit every level of management on a development project would ask about any libraries and software technologies being used in the project.

I believe the java lawsuit has been fought before, or something similiar by Microsoft and they won.
jwxie
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Aug31-10, 10:12 PM
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Open source has a huge potential market value. Google, by far has gained the most from open source.

will certainly make anyone thinking of launching a project based on the Java codebase think twice if they can't write a check to Oracle up front.
I totally beg to differ. Why? Simple logic: anyone should beware of the terms and policy before using the technology. Open source does not guarantee "freedom" and "openness". There are many different licenses, and some are very restricted. If I made something, and you violate the right given by the license, I may consider to sue you. But very often I will not unless this technology is extremely profitable.

In essence, money is the evil behind this lawsuit. LOL

Look at the co-founder of Microsoft. He's suing Google, Apple, and a few other companies!!!!

airborne18
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Aug31-10, 11:15 PM
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Oracle vs Google patent war


Quote Quote by jwxie View Post
Open source has a huge potential market value. Google, by far has gained the most from open source.


I totally beg to differ. Why? Simple logic: anyone should beware of the terms and policy before using the technology. Open source does not guarantee "freedom" and "openness". There are many different licenses, and some are very restricted. If I made something, and you violate the right given by the license, I may consider to sue you. But very often I will not unless this technology is extremely profitable.

In essence, money is the evil behind this lawsuit. LOL

Look at the co-founder of Microsoft. He's suing Google, Apple, and a few other companies!!!!
I am old enough to go back to the start of this kind of stuff. THere were two major lawsuits, and one sent shock waves. It is the infamous WordPerfect lawsuit. They basically picked one major company, and sued them for illegal copies, and they won. 10,000 per desktop.

Yeah money is behind all of these and I hope they win. Look at it this way. Hollywood has a nice lobby, so they can call the FBI and they will enforce their copyright. Book publishers, no problem. But with software you are on your own. It is already too easy to rip off software developers so I agree with them.

The problem with open source is the that a company cannot write a check and buy assurances that they will not be sued. Thati is the bottom line in the US. And every project I have ever worked on with large companies I had to ensure that any technology was risk free from this sort of thing.

Open source is big overseas, and they have a different mindset, but the US is a different monster. The only reason it has stuck in the US now is because big players are buying out software like red hat and java. Now a company can write that check.

The other lawsuit was the pkzipware lawsuit. that went on for years. but it never impact end users.
CRGreathouse
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Aug31-10, 11:16 PM
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Quote Quote by airborne18 View Post
Trademark and patent law require that you assert ownership rights and litigate or face losing your patent.
No!

Trademark law requires you to defend your trademark or lose it. Patent law is entirely different -- your rights are protected whether you defend them or not, allowing for the so-called 'patent trolls'.
airborne18
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Aug31-10, 11:19 PM
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Quote Quote by CRGreathouse View Post
No!

Trademark law requires you to defend your trademark or lose it. Patent law is entirely different -- your rights are protected whether you defend them or not, allowing for the so-called 'patent trolls'.
Is that once you get it.. I thought for the first few years you had to fight it, like if there were any challenges?? What you say makes sense, since drug companies are locked in for a while.


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