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Milhouse 2010-08-13 02:30

Oracle sues Google over Java patent infringement in Android
 
This will just run & run... doubt it will have any impact on Android in the short term, but longer term I suspect Google will cough up a suitable amount to make the lawsuit go away or alternatively remove any infringing code and carry on as before.

gerbick 2010-08-13 02:52

Re: Oracle sues Google over Java patent infringement in Android
 
Ellison has to pay for that $5.6 Billion purchase of Sun somehow.

geohsia 2010-08-13 05:31

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by gerbick (Post 784863)
Ellison has to pay for that $5.6 Billion purchase of Sun somehow.

I guess they finally figured out how to monetize Java.

TorstenT 2010-08-13 19:55

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by gerbick (Post 784863)
gerbick has embraced Google Android

Larry Ellison has embraced Google Android, too :D.

Rauha 2010-08-13 19:57

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by geohsia (Post 784938)
I guess they finally figured out how to monetize Java.

They allready figured that one out. Pretty much all phones include Java support and license fees for it.

Dalvik is big threat to that.

Milhouse 2010-08-13 20:25

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by Rauha (Post 785662)
They allready figured that one out. Pretty much all phones include Java support and license fees for it.

Dalvik is big threat to that.

I guess the point Oracle are making is that Google are using Java technology in the Dalvik VM (not just implementing an already patented idea, but wholesale copying of code and documentation), but haven't licensed Java as everybody else does.

Which is a bit like Apple using GSM technology and patents, without paying for it.

The relationship between SUN and Google was a close one, and SUN appear to have turned a blind eye to what Google were doing, whereas the relationship between Larry Ellison (former Apple board member) and Steve Jobs is even closer, and now Oracle are going after Apples biggest competitor, Google.

I'm sure Steve Jobs is very happy. :)

Matan 2010-08-13 20:34

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by Milhouse (Post 785693)
I guess the point Oracle are making is that Google are using Java technology in the Dalvik VM (not just implementing an already patented idea, but wholesale copying of code and documentation), but haven't licensed Java as everybody else does.

I saw this movie already.

The next step is Larry Ellison sending a letter to all Android users telling them their phone is illegal and they should pay him 699$ for a license.

Rauha 2010-08-13 20:41

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by Milhouse (Post 785693)

I'm sure Steve Jobs is very happy. :)

Actually I think that there was a simultanious trans-continental burst of happiness in Cupertino, Redmond and Espoo.


More seriously, I don't think that this will have serious effect on the current mobile platform war. Whatever the lawyers will come up with will include, relatively, small sums of money and possibly give Oracle bit more say/control on Dalvik.

Quote:

Originally Posted by Milhouse (Post 785693)
The relationship between SUN and Google was a close one, and SUN appear to have turned a blind eye to what Google were doing, whereas the relationship between Larry Ellison (former Apple board member) and Steve Jobs is even closer, and now Oracle are going after Apples biggest competitor, Google.

Sun was very unhappy with Google/Dalvik. I think that simpler explanation is that Oracle bought Sun before Sun sued/was done with negotiating Google.

egoshin 2010-08-13 20:44

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by Matan (Post 785703)
I saw this movie already.

The next step is Larry Ellison sending a letter to all Android users telling them their phone is illegal and they should pay him 699$ for a license.

It is a reason why I don't like Java or Java-powered products :)

danramos 2010-08-13 20:52

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by Matan (Post 785703)
I saw this movie already.

The next step is Larry Ellison sending a letter to all Android users telling them their phone is illegal and they should pay him 699$ for a license.

Can we start calling them "SCOracle" now?

Too late! It's already started!
http://www.itworld.com/open-source/1...eaponizes-java

EDIT: Oh wow! They even used the same lawyers as SCO! Morrison & Foerster and Boies Schiller! [slaps forehead]
http://www.scribd.com/doc/35811761/O...t-infringement

Milhouse 2010-08-13 21:02

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by Rauha (Post 785708)
Sun was very unhappy with Google/Dalvik.

SUN execs including co-founder Andy Bechtolsheim were some of the earliest investors in Google (before Google had been incorporated) and Eric Schmidt (who led Java development at SUN) went on to become CEO for Google. The relationship between SUN and Google has always been very cosy, and it's a great shame Google didn't buy SUN (perhaps they wished they had now).

Oracle don't have that kind of relationship with Google, instead the Oracle CEO is best buddy of the Apple CEO. It's all rather incestuous!

Quote:

Originally Posted by Rauha (Post 785708)
I think that simpler explanation is that Oracle bought Sun before Sun sued/was done with negotiating Google.

If true, how long does it take to negotiate a licence that is available to every Tom, Dick and Harry company on the planet? If Google couldn't come to an agreement over a Java licence with SUN then Google only have themselves to blame - everyone knew SUN were up for sale months before Oracle finally inked the deal.

Rauha 2010-08-13 21:08

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by danramos (Post 785728)
Can we start calling them "SCOracle" now?

Too late! It's already started!
http://www.itworld.com/open-source/1...eaponizes-java

Just can't parse that article at all. Pure FUD in my opinion. Full of unrelated conjucture without any explanation for why this case would have causality to any of the things mentioned like Openoffice.


Quote:

Originally Posted by danramos (Post 785728)
EDIT: Oh wow! They even used the same lawyers as SCO! Morrison & Foerster and Boies Schiller! [slaps forehead]
http://www.scribd.com/doc/35811761/O...t-infringement

What's wrong with hiring excellent patent attorneys for a patent fight. Bring effing big knifes to a knive fight.

danramos 2010-08-13 21:09

Re: Oracle sues Google over Java patent infringement in Android
 
Hm...if I'm to understand what this article explains, SCOracle may not have much of a case to win, though:
http://www.betaversion.org/~stefano/linotype/news/110/

myrjola 2010-08-13 21:10

Re: Oracle sues Google over Java patent infringement in Android
 
[posted this already in another thread]

There is an interesting article about the Java licensing issues between Sun (now Oracle) and Google:

"Initial Thoughts on Oracle vs Google Patent Lawsuit" Miguel de Icaza's at:

http://tirania.org/blog/archive/2010/Aug-13.html

Gives some background on what has been going on behind the scenes.

mikecomputing 2010-08-13 21:11

Re: Oracle sues Google over Java patent infringement in Android
 
Oracle go **** themsels this hasnt happen if Sun still existed.

danramos 2010-08-13 21:12

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by Rauha (Post 785748)
Just can't parse that article at all. Pure FUD in my opinion. Full of unrelated conjucture without any explanation for why this case would have causality to any of the things mentioned like Openoffice.

The article is clearly pointing out Oracle's history and possible posturing. FUD appears to be what is being lobbed toward Android with this lawsuit itself. You're right, though, it does seem you're unable to parse it.

What's wrong with hiring excellent patent attorneys for a patent fight. Bring effing big knifes to a knive fight.[/QUOTE]

Nothing. It's just an interesting choice for a very similar sounding case to SCO's.

danramos 2010-08-13 21:14

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by myrjola (Post 785757)
[posted this already in another thread]

There is an interesting article about the Java licensing issues between Sun (now Oracle) and Google:

"Initial Thoughts on Oracle vs Google Patent Lawsuit" Miguel de Icaza's at:

http://tirania.org/blog/archive/2010/Aug-13.html

Gives some background on what has been going on behind the scenes.

He's also insane if he thinks .NET/C# is the answer, considering how similar the license situation with that is.

Rauha 2010-08-13 21:15

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by Milhouse (Post 785743)


If true, how long does it take to negotiate a licence that is available to every Tom, Dick and Harry company on the planet? If Google couldn't come to an agreement over a Java licence with SUN then Google only have themselves to blame - everyone knew SUN were up for sale months before Oracle finally inked the deal.

Well, you mentioned in your earllier post Apple using using GSM tech without licensing it. Nokia negotiated- and this is verifiable from publicly availeable court documents- with Apple for over two years before suing Apple, and GSM licenses are under FRAND .

Taking Apple/Nokia/Oracle/Googel/etc level corporation to court is extremly expensive and both time and resource consuming. Granted I don't have any insider infromation and you could be right. I just wouln'dt shrug off Sun negoating with Google for few years before suing as unlikely.

Milhouse 2010-08-13 22:11

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by Rauha (Post 785761)
Well, you mentioned in your earllier post Apple using using GSM tech without licensing it. Nokia negotiated- and this is verifiable from publicly availeable court documents- with Apple for over two years before suing Apple, and GSM licenses are under FRAND .

Good point, well made. :)

However even if they couldn't come to an agreement together, irrespective of who is to blame, it still wouldn't explain breach of copyright - that's just dumb. Infringing patents is one thing, but to literally copy code and hope to get away with it?

Presumably Oracle have seen the source code/documentation in Android to know that it has been copied, and despite the comparisons with SCO (who produced no evidence to back up their flimsy arguments) I would be surprised if Oracle are unable to produce the evidence to support their argument.

In fact the copyright claims pertain to (amongst other things) the use of copyrighted Java code/binaries that are required to build Android applications - if the court were to find in favour of Oracle this aspect of the case could harm Android unless Google rapidly finds a non-Java solution for building Android binaries.

danramos 2010-08-13 22:16

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by Milhouse (Post 785806)
In fact the copyright claims pertain to (amongst other things) the use of copyrighted Java code/binaries that are required to build Android applications - if the court were to find in favour of Oracle this aspect of the case could harm Android unless Google rapidly finds a non-Java solution for building Android binaries.

Ahem. Patent lawsuit and copyright.

Also, Dalvik uses Dalvik tokenized code--it doesn't produce Java tokenized code. You WRITE your source in Java, but the Android system runs Dalvik compiled code. So, not quite right.
Read the details I'd posted earlier.

I'd like to know how this stands after the whole recent Bilski decision.

Milhouse 2010-08-13 22:30

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by danramos (Post 785812)
Ahem. Patent lawsuit. Not copyright.

No, it's a Patent and Copyright lawsuit.

Full details here, title of the court document is "COMPLAINT FOR PATENT AND COPYRIGHT INFRINGEMENT" which details 7 counts of patent infringement and one count of breach of copyright.

Quote:

Originally Posted by danramos (Post 785812)
Also, Dalvik uses Dalvik tokenized code--it doesn't produce Java tokenized code. You WRITE your source in Java, but the Android system runs Dalvik compiled code. So, not quite right.

Read the details I'd posted earlier.

Not according to the first point in the Update and Errata box here which states that the Android SDK does not generate Dalvik bytecode directly but that the SDK uses the Java compiler to generate Java bytecode from Java sources and then uses the dx tool to convert the Java bytecode into Dalvik bytecode.

And I believe it is this indirect Java source code to Dalvik bytecode generation that Oracle are now saying is a breach of copyright:

Quote:

40. On information and belief, users of Android, including device manufacturers, must obtain and use copyrightable portions of the Java platform or works derived therefrom to manufacture and use functioning Android devices. Such use is not licensed. Google has thus induced, caused, and materially contributed to the infringing acts of others by encouraging, inducing, allowing and assisting others to use, copy, and distribute Oracle America’s copyrightable works, and works derived therefrom.

danramos 2010-08-13 22:38

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by Milhouse (Post 785824)
No, it's a Patent and Copyright lawsuit.

Full details here, title of the court document is "COMPLAINT FOR PATENT AND COPYRIGHT INFRINGEMENT" which details 7 counts of patent infringement and one count of breach of copyright.



Not according to the first point in the Update and Errata box here which states that the Android SDK does not generate Dalvik bytecode directly but that the SDK uses the Java compiler to generate Java bytecode from Java sources and then uses the dx tool to convert the Java bytecode into Dalvik bytecode.

And I believe it is this indirect Java source code to Dalvik bytecode generation that Oracle are now saying is a breach of copyright:

Yep... I corrected my posting afterwards for the first bit. Still curious about how the patent part will effect this moreso than the copyright.

I didn't realize the second, though. Thanks for the correction. This will be an interesting case for me to read up on even for the technical details.

Milhouse 2010-08-13 23:00

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by danramos (Post 785830)
Still curious about how the patent part will effect this moreso than the copyright.

Patents can be (and often are) invalidated during a court case, and determining if a patent has been infringed upon isn't always black and white.

Breach of copyright claims on the other hand are usually much harder to dismiss if the copied works are easy to identify (which is often the case with source code and documentation).

IANAL however, but it should be interesting to hear more about the details as the case continues.

I'm not really in favour of software patents so would be quite happy to see Oracle lose that part of this case, but on the other hand duplicating the work of another is simply not on in which case if the copyright claims are proven then Google should pay suitable damages.

Either way though this case means absolutely nothing to anyone other than Google and Oracle right now - the case has no bearing on Java whatsoever (other than to focus minds on getting a licence if you want to do business with Oracle...) :)

egoshin 2010-08-13 23:57

Re: Oracle sues Google over Java patent infringement in Android
 
Well, I think it is a first nail in Java coffin.

It is not bad.

Milhouse 2010-08-14 00:06

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by egoshin (Post 785883)
Well, I think it is a first nail in Java coffin.

It is not bad.

Java is pretty huge in the enterprise - particularly on servers (Java never really succeeded on the desktop) and I still don't see how this spat between Oracle and Google will change any of that.

On low-end Symbian phones Java will continue to be the development environment of choice (I don't think there are any plans for Qt to replace Java Mobile Edition, are there?) so again, this lawsuit changes nothing.

egoshin 2010-08-14 00:12

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by Milhouse (Post 785888)
so again, this lawsuit changes nothing.

Will you plan some new product with Java as base language after that?

Or just chose Python/Ruby/Perl?

Milhouse 2010-08-14 00:21

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by egoshin (Post 785892)
Will you plan some new product with Java as base language after that?

Sure - I'd just be aware of the licence that I am agreeing to (ie. GPL) when using Java and make sure I don't breach it. For virtually all enterprises and end users the current terms of the Java licence are absolutely fine, it's only a high profile outfit like Google that is likely to come a cropper as their technology sails so close to the wind and they don't have a licence with Sun/Oracle of any kind whatsoever.

If I thought there was any hint of a problem, and for that I'd have to be developing some sort of Java-like alternative, then I'd either negotiate an appropriate licence for the technology from Oracle or use some alternative but freely available technology, depending on what is cheaper/best for the project. Which is what Google could/should have done (or maybe even did do - now up to the court to decide).

For 99.99% of Java users today this lawsuit is not an issue.

egoshin 2010-08-14 01:15

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by Milhouse (Post 785907)
If I thought there was any hint of a problem, and for that I'd have to be developing some sort of Java-like alternative, then I'd either negotiate an appropriate licence for the technology from Oracle or use some alternative but freely available technology, depending on what is cheaper/best for the project. Which is what Google could/should have done (or maybe even did do - now up to the court to decide).

You can think that you are free from Sun licensing. Unfortunately, Sun may start think differently... later.

And that is a risk for investments. I would be not surprised if Java-based projects now may be downgraded from investors point-of-view.

kureyon 2010-08-14 02:36

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by egoshin (Post 785892)
Will you plan some new product with Java as base language after that?

What kind of question is that?

It's like when companies gets sued over GPL violations, pro-MS "commentators" jump out and ask would "Would you use GPL software when there is the risk of being sued".

Don't do anything illegal and you won't get sued and if you still do get sued at least you have a leg to stand on.

maluka 2010-08-14 02:56

Re: Oracle sues Google over Java patent infringement in Android
 
Maybe Google should switch to MeeGo now. :cool:

danramos 2010-08-14 05:43

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by maluka (Post 785982)
Maybe Google should switch to MeeGo now. :cool:

Maybe they should both stop using Linux altogether, too, since SCO is still in court over it! It's still not 100% decided, according to them. It's time to Think Different (grammar mistake intentional)!

gerbick 2010-08-14 05:57

Re: Oracle sues Google over Java patent infringement in Android
 
This sorta could explain why Nokia avoided Java in Maemo 5. Hmm...

gerbick 2010-08-14 06:18

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by danramos (Post 786044)
Maybe they should both stop using Linux altogether, too, since SCO is still in court over it! It's still not 100% decided, according to them. It's time to Think Different (grammar mistake intentional)!

If not Linux, then what?

I triple dog dare you to say BeOS.

danramos 2010-08-14 06:58

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by gerbick (Post 786057)
If not Linux, then what?

How about VAX/VMS?

gerbick 2010-08-14 07:10

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by danramos (Post 786070)
How about VAX/VMS?

Plan 9 from Bell Labs. It's esoteric enough to warrant a following and claims of superiority.

Seriously though. I fear that Linux is the way forward; people like Ellison/Oracle and SCO are just in the goshdarn way.

v13 2010-08-14 10:02

Re: Oracle sues Google over Java patent infringement in Android
 
I'm dying to read a statement from Nokia and/or Intel about this. Both official and unofficial :D

maluka 2010-08-14 13:14

Re: Oracle sues Google over Java patent infringement in Android
 
I think the 'scoracle' tag on this thread and the villianization of Oracle points more to a huge level of Google fanboyism on this forum. Everyone seems to be intoxicated by Google PR spin while they don't for a second consider the legal validity of the suit. Oracle is not attacking Linux. Android is not Linux despite popular belief. Android has not been benificial to the broader Linux ecosystem since none of their apps and games work in standard Linux due to their private fork of the kernel and their use of a Java (Dalvik) VM. They are the opposite of what Qt is.

Here's a quote from a commenter on ZDNet that sums it up:

"If you read the claim, it is valid. Mobile Java has never been open source, only the desktop version is, and even that has some loop-holes.

We have been thinking this law suit was going to happen since Andriod came out: http://www.zdnet.com/blog/burnette/s...-overblown/469
but people shrugged it off because Sun didn't have the money to do anything about it. Well Oracle does, and something tells me that they wouldn't go after a big dog like Google without knowing they could win.

Here is a good article on how the creator of Java feels about the lawsuit (spoiler he is not surprised): http://www.eweek.com/c/a/Application-Development/Java-Creator-Gosling-Oracles-Android-Lawsuit-is-No-Surprise-272156/"

Capt'n Corrupt 2010-08-14 13:35

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by maluka (Post 786299)
Here's a quote from a commenter on ZDNet that sums it up:

"If you read the claim, it is valid. Mobile Java has never been open source, only the desktop version is, and even that has some loop-holes.

I know nothing of the law and am far from a Google zealot, but an original re-implementation of an interpreter doesn't seem like an illegal act. I could only see this as a problem if Dalvik has actual moblie-java code...

If it is illegal, the precedent would send a shockwave, no? Consider the degree to which ideas are re-implemented in open source projects or science in general!

Maybe I'm missing something.

maluka 2010-08-14 14:12

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by Capt'n Corrupt (Post 786313)
I know nothing of the law and am far from a Google zealot, but an original re-implementation of an interpreter doesn't seem like an illegal act. I could only see this as a problem if Dalvik has actual moblie-java code...

If it is illegal, the precedent would send a shockwave, no? Consider the degree to which ideas are re-implemented in open source projects or science in general!

Maybe I'm missing something.

You can read the claims here http://www.scribd.com/full/35862614?...xtgo6ryhusdwps

Capt'n Corrupt 2010-08-14 14:51

Re: Oracle sues Google over Java patent infringement in Android
 
Quote:

Originally Posted by maluka (Post 786329)

Thanks! I read most of it (though not terribly thoroughly).

I can appreciate the claim that google is illegally distributing Sun Java classes and other code is serious, if indeed it is true (Count 8).

Many of the patents that Sun are claiming to be violating, however, seem incredibly sweeping (based on their titles -- I've not read the patents) and likely to apply to far more projects than Android/Dalvik. Some are questionable. Here they are:

COUNT 1) Protection domains to provide security in a computer system
COUNT 2) Controlling access to a resource
COUNT 3) Method and apparatus for preprocessing and packaging class files
COUNT 4) System and method for dynamic pre-loading of classes through memory space cloning of a master runtime system process
COUNT 5) Method and apparatus for resolving data references in generated code
COUNT 6) Interpreting functions utilizing a hybrid of virtual and native machine instructions
COUNT 7) Method and system for performing static initialization

Wild stuff indeed.


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