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Google files opening Supreme Court brief in Oracle v. Google copyright lawsuit

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Re: Google files opening Supreme Court brief in Oracle v. Google copyright lawsuit

#61

Who here remembers Groklaw? PJ was covering Oracle vs. Google with the same level of detail that she used on SCO vs. IBM. Coverage ran up into the first appeal, when she stopped updating the site. • The list of all Oracle vs. Google filings (up to the site's closing), with links to articles that mention them. Not all filings had corresponding articles: http://www.groklaw.net/staticpages/index.php?page=OracleGoog... •…

Groklaw was a daily read for me in the Caldera era. :-)

You are supposed to confuse Caldera with SCO. But you didn't.

GL was one of the best daily reads there ever was.

Re: Google files opening Supreme Court brief in Oracle v. Google copyright lawsuit

#62
Just to point something out.

IBM sponsored and was the primary contributor of resources to an independently developed Java work-alike called Apache Harmony. (about JDK 1.5 level, IIRC) Apache Harmony was, naturally, under the Apache license.

Google wanted something like Java for Android, so Google used Apache Harmony.

Sun was okay with Google having something like Java in Android and had said so. (perhaps reluctantly)

Oracle sees Sun for sale, and envisions a big "sue google" sign on Sun's back. Oracle buys Sun, to get Java and sue Google. Very soon after acquisition this becomes apparent. James Gosling leaves Oracle for reasons that were not quite clear at the time, but soon become clear.

Oracle claimed Google had used Java code. But Android had Apache Harmony.

So Oracle changes its argument to . . . But the APIs!!!

(Groklaw had documented all this back in the day.)

Re: Google files opening Supreme Court brief in Oracle v. Google copyright lawsuit

#63
post #11

Earlier quoted context omitted.

This is coming from a whole lot more than just Google. They are the ones who will lose money in the immediate lawsuit, but we all stand to suffer if Oracle's interpretation of the law is held up. Don't take my word for it, take the word of the entire software community who has weighed in on this to support google in the form of amicus briefs (which I really do encourage you to read). Here is a partial list of other g…

I very strongly support Google’s side of this case. But them claiming to champion open innovation is incredibly condescending and frankly bullshit. They’re pursuing this case exclusively for financial motives (which I don’t think there’s anything wrong with to be clear). But the fact that there’s some public good behind it is just a happy coincidence for their marketing department. They’d just as happily be on Oracle…

Based on what precedence? Imo this statement is just false.

Re: Google files opening Supreme Court brief in Oracle v. Google copyright lawsuit

#64
post #62

Just to point something out. IBM sponsored and was the primary contributor of resources to an independently developed Java work-alike called Apache Harmony. (about JDK 1.5 level, IIRC) Apache Harmony was, naturally, under the Apache license. Google wanted something like Java for Android, so Google used Apache Harmony. Sun was okay with Google having something like Java in Android and had said so. (perhaps reluctantly…

Google explicitly calls out in its brief the fact that Sun, as the original author of the code, very explicitly did not consider Google to be infringing.

Although I do wish Google tried harder to press the point that, based on Oracle's argument that copying the API infringes copyright, Oracle itself is in violation of others' copyright. Ars Technica has an example of that (Amazon's AWS), and the brief does give a vague allusion to this fact, based on what I presume is the trial records:

> Notably, Java SE itself “reimplements” interfaces from earlier programming languages. JA154-157; see also JA211.

Re: Google files opening Supreme Court brief in Oracle v. Google copyright lawsuit

#65

This coming from the company that files patents like crazy and gives out t-shirts that say “patent heroes wanted”. Call me cynical but I feel like google is narrowly interested in open innovation when they are at risk for billions in fines, and definitely also supports openness in other ways, but still supports a lot of proprietary and closed source work. There are lots of business reasons to be closed source, but do…

You can argue about patents, but trying to copyright APIs is on a whole new level. It would be utterly disastrous. Regardless of Google's motivations, their arguments here are completely 100% in the right and we should support them -- if not for Google's sake, then for ours.

It's counterproductive to drag a company over purity while it's currently the primary fighter against an existential threat. It's polishing silverware while the house burns down around you.

Yes, Google could do better (particularly on patents). Yes, some of Google's arguments are hypocritical. But openness is a continuum, not a binary state, and it's not helpful to turn away imperfect allies at this time.

Re: Google files opening Supreme Court brief in Oracle v. Google copyright lawsuit

#66
Question: My understanding is that the Supreme Court is here to interpret the constitution and other laws. When it now decides that Oracle is right and APIs are copyrightable, can't the other parts of the government introduce a new law making APIs not copyrightable again?

Re: Google files opening Supreme Court brief in Oracle v. Google copyright lawsuit

#67
post #62

Just to point something out. IBM sponsored and was the primary contributor of resources to an independently developed Java work-alike called Apache Harmony. (about JDK 1.5 level, IIRC) Apache Harmony was, naturally, under the Apache license. Google wanted something like Java for Android, so Google used Apache Harmony. Sun was okay with Google having something like Java in Android and had said so. (perhaps reluctantly…

> Sun was okay with Google having something like Java in Android and had said so. (perhaps reluctantly)

That isn't how things went according to Gosling.

"Triangulation 245: James Gosling on Oracle vs Sun"

https://www.youtube.com/watch?v=ZYw3X4RZv6Y&feature=youtu.be...

If Google actually cared, they could have bought Sun and own Java.

Re: Google files opening Supreme Court brief in Oracle v. Google copyright lawsuit

#68
post #66

Question: My understanding is that the Supreme Court is here to interpret the constitution and other laws. When it now decides that Oracle is right and APIs are copyrightable, can't the other parts of the government introduce a new law making APIs not copyrightable again?

[deleted]

Re: Google files opening Supreme Court brief in Oracle v. Google copyright lawsuit

#69
post #62

Just to point something out. IBM sponsored and was the primary contributor of resources to an independently developed Java work-alike called Apache Harmony. (about JDK 1.5 level, IIRC) Apache Harmony was, naturally, under the Apache license. Google wanted something like Java for Android, so Google used Apache Harmony. Sun was okay with Google having something like Java in Android and had said so. (perhaps reluctantly…

Google explicitly calls out in its brief the fact that Sun, as the original author of the code, very explicitly did not consider Google to be infringing. Although I do wish Google tried harder to press the point that, based on Oracle's argument that copying the API infringes copyright, Oracle itself is in violation of others' copyright. Ars Technica has an example of that (Amazon's AWS), and the brief does give a vag…

According to Gosling they did, just did had they money to do anything against it, and decided to make juice out of lemons.

https://www.youtube.com/watch?v=ZYw3X4RZv6Y&feature=youtu.be...

Also Google could have bought Sun and own Java, apparently they did not, as they thought they could get away with it.

Re: Google files opening Supreme Court brief in Oracle v. Google copyright lawsuit

#70
post #58

Earlier quoted context omitted.

>This coming from the company that files patents like crazy and gives out t-shirts that say “patent heroes wanted”. This is a complete red-herring. Patents are not what this case is about. Openness or cuddliness is not what this case is about. The reality is that Google is in the right because Oracle is willing to set fire to the norms and standards that were developed over the last 50 years just because they want to…

You can say it even more strongly. Oracle bought SUN with the sole intention of using it as the basis to sue Google. Full stop. This is a shakedown and Oracle needs to go away.

Ah, and Google thought that Sun would sink and they could get away with screwing Sun.

If Google was so interested in Java, they could have made a bid to own Java.

Guess what, they would not have been sued and control its destiny.

With Google at the steering wheel I bet Java developers would still be enjoying Java 6.

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