| Re: The Future of PHP [message #171064 is a reply to message #171062] |
Mon, 20 December 2010 15:38   |
The Natural Philosoph
Messages: 993
Registered: September 2010
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Senior Member |
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Erwin Moller wrote:
> On 12/17/2010 10:37 AM, The Natural Philosopher wrote:
>> Erwin Moller wrote:
>>
>>> Does anybody know what the charges exactly mean that Oracle charged
>>> against Google? It had to do with Java and Google's Android.
>>>
>>> What I see happening:
>>> 1) Android is developed with Java. Everybody is happy.
>>> 2) Oracle buys Sun, and thus gets Java.
>>> 3) Oracle brings Google to the courtroom.
>>>
>>> I am horribly bad at reading legal stuff, so somebody can explain it
>>> to me in a more logical/clear way, please do.
>>>
>>
>> When someone says it better than you can yourself, quote..;-)
>>
>> "Oracle has mounted a no-holds-barred legal attack on Google's Android
>> operating system in a lawsuit that accuses the internet giant of
>> deliberately infringing patents and copyrights Oracle holds for the Java
>> platform.
>>
>> In a complaint filed late Thursday, Oracle asked a federal court in
>> Northern California to seize all Android products and advertising, block
>> the further infringement of its intellectual property, and force Google
>> to pay hefty damages, including trebled patent damages because the
>> alleged misappropriation was willful. The action was filed on behalf of
>> Oracle subsidiary Oracle America, which obtained the Java rights with
>> the acquisition of Sun Microsystems in January.
>>
>> "Without consent, authorization, approval, or license, Google knowingly,
>> willingly, and unlawfully copied, prepared, published, and distributed
>> Oracle America's copyrighted work, portions thereof, or derivative works
>> and continues to do so," Oracle attorneys, which include renowned
>> litigator David Boies, wrote. "Google's Android infringes Oracle
>> America's copyrights in Java and Google is not licensed to do so."
>>
>> The unexpected move comes as sales of Android-based smartphones are
>> surging, inching past iPhone buyers in the second quarter of this year
>> and garnering a 27 per cent market share to the iPhone's 23 per cent. It
>> follows a series of patent suits and countersuits filed by and against
>> Apple over intellectual property for its handset.
>>
>> The complaint asserts seven patents to various technologies associated
>> with Java, in addition to copyrighted code, documentation,
>> specifications, libraries, and other materials that comprise the
>> platform. Attorneys said the intellectual property is infringed by
>> various Java applications that make up the Android stack and run on a
>> Java-based object-oriented application framework. They also cited core
>> Android libraries that run on the Dalvik virtual machine, which features
>> just-in-time compilation.
>>
>> "On information and belief, Google has purposefully, actively, and
>> voluntarily distributed Android and related applications, devices,
>> platforms, and services with the expectation that they will be
>> purchased, used or licensed by consumers in the Northern District of
>> California," the complaint stated. "By purposefully and voluntarily
>> distributing one or more of its infringing products and services, Google
>> has injured Oracle America and is thus liable to Oracle America for
>> infringement of the patents at issue in this litigation."
>>
>> The legal broadside is in some ways reminiscent of the legal offensive
>> Sun launched against Microsoft in 1997 over the same technology. The two
>> companies spent the better part of a decade hashing out their
>> disagreements, and many of the most explosive allegations — that
>> Microsoft intentionally misappropriated Java to blunt its
>> write-once-run-anywhere promise — were later incorporated into an
>> antitrust lawsuit filed by the Justice Department and more than a dozen
>> states.
>>
>> Microsoft ultimately agreed to pay Sun $1bln to settle their
>> disagreements after the judge hearing the antitrust case ruled that
>> Microsoft was a monopolist that had acted illegally to preserve its
>> dominant position.
>>
>> The patents in the case are 6,125,447, "Protection domains to provide
>> security in a computer system"; 6,192,476, "Controlling access to a
>> resource"; 5,966,702, "Method and apparatus for pre-processing and
>> packaging class files"; 7,426,720, "System and method for dynamic
>> preloading of classes through memory space cloning of a master runtime
>> system process"; RE38,104, "Method and apparatus for resolving data
>> references in generated code"; 6,910,205, "Interpreting functions
>> utilizing a hybrid of virtual and native machine instructions"; and
>> 6,061,520, "Method and system for performing static initialization."
>>
>> Google declined to comment."
>>
>> ..........................................
>> It was worth it for a billion, last time.
>>
>
> Hi TNP,
>
> Looks like it indeed. :-)
>
> But this case is different because Android Phones didn't intentionally
> cripple Java, like early MS versions of 'Java' did.
> I did some more reading and my new impression is this:
>
> 1) Google's Android is big, as is Google:it is multi-billion market.
> 2) As long as Oracle effectively spreads it FUD, sales might drop.
> Potential customers might think: "Why buy a phone that is in legal
> trouble? Will it continue? etc". You know: All the intented effects of a
> successful FUD campaign.
> 3) Google calculates that settling the matter is cheaper than winning
> the battle in court (after 10 years).
>
> But that might just be my paranoid worldview.
>
> Regards,
> Erwin Moller
>
It's always cheaper to settle: Lawyers don't come cheap.
Lawsuits are just a way to get the other party to the table.
Don't tell them, but I lied to my lawyer, about really wanting my day
in court, and an estate agent, about how I really couldn't afford to
pay..more. they believed me and I got better deals afterwards.
I prefer to deal with honest lawyers who will tell my lies for me, than
a crooked one who will lie for cash. Never know who will pay him more.
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