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Google and Oracle's decade-long copyright battle reaches Supreme Court

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Re: Google and Oracle's decade-long copyright battle reaches Supreme Court

#61
post #11

Due to the pandemic, we’ll actually be able to hear the arguments and SCOTUS questions live as well. Possibly an acquired taste, but I found the last round of phone hearings very interesting and entertaining.

I actually find it fun to listen to. Generally because the argument process and retorts are always well calculated. Wishing I could be that good.

Re: Google and Oracle's decade-long copyright battle reaches Supreme Court

#62

I think it is quite likely that we as a society would be better off without any kind of copyright or IP. This might prevent some of the parties doing huge upfront investments in some of the projects, but if we learned something from OSS and, most importantly, Linux is that gradual and tiny improvements over 30 years can compound to a behemoth that eats any commercial solution for lunch.

Richard Stallman would like 30 year copyrights, and to unbundle copyright.

Re: Google and Oracle's decade-long copyright battle reaches Supreme Court

#63

> Those in Oracle's camp say if its copyright is not protected, that will discourage innovation. Look at the way YouTube Content ID encourages innovation and then imagine GitHub Content ID. “Your repository contains 3 copyrighted method calls. You’ve been issued a copyright strike.” I’d love to see every open source repo on the internet go private for 1 day as a demonstration of what could be lost if copyright is all…

anyone who believes that GPLd dynamically linked libraries impact code written to use them effectively believes that APIs can be copyrighted. (ex: the FSF believes this).

It is different. In the GPL case, you are distributing the software, not just using the API.

I don't know if it's different enough, but it's not the exact same issue.

Re: Google and Oracle's decade-long copyright battle reaches Supreme Court

#64

I think it is quite likely that we as a society would be better off without any kind of copyright or IP. This might prevent some of the parties doing huge upfront investments in some of the projects, but if we learned something from OSS and, most importantly, Linux is that gradual and tiny improvements over 30 years can compound to a behemoth that eats any commercial solution for lunch.

> I think it is quite likely that we as a society would be better off without any kind of copyright or IP.

I agree with that. IP also doesn't make any sense to me from a philosophical perspective. I don't understand why making one thing once should give me a monopoly on making things that are similar to that thing.

The fact that the question of how similar a thing must be to fall under my monopoly is so arbitrary and ill-defined also leads to an enormous amount of resources being wasted on litigation and designing around the law.

Non-disclosure agreements are sufficient to allow an inventor to be first to market. They should not be able to use the government to enforce a monopoly after that.

Re: Google and Oracle's decade-long copyright battle reaches Supreme Court

#65
post #34
post #29

Earlier quoted context omitted.

This is a complete dramatization. Are you copying 10k lines of code from a licensed code base into your project without permission and using it in your commercial product? Github projects already should strive to use correct licensing, and comply with the license of code they use. There is nothing new here.

You don't understand what this case is about. This is about copyrighting API descriptions. Not copying code, but reimplementing an API that someone else created. Think about how many people created each part of the various web APIs. Is XmlHTTPRequest now owned by Microsoft? Who invented the Blink tag? Who owns which parts of the SQL language? The entire software industry is built on the idea that APIs are not copyrig…

You've excluded a huge amount of middle ground. There's a comprise somewhere in the middle that allows compatability but stops blatant copying.

Re: Google and Oracle's decade-long copyright battle reaches Supreme Court

#66
post #65
post #34

Earlier quoted context omitted.

You don't understand what this case is about. This is about copyrighting API descriptions. Not copying code, but reimplementing an API that someone else created. Think about how many people created each part of the various web APIs. Is XmlHTTPRequest now owned by Microsoft? Who invented the Blink tag? Who owns which parts of the SQL language? The entire software industry is built on the idea that APIs are not copyrig…

You've excluded a huge amount of middle ground. There's a comprise somewhere in the middle that allows compatability but stops blatant copying.

> There's a comprise somewhere in the middle that allows computability but stops blatant copying.

Did you mean to say compatibility rather than computability?

Re: Google and Oracle's decade-long copyright battle reaches Supreme Court

#67
post #18
post #14

If this (somehow) succeeds, could IBM sue Oracle over SQL compatibility?

There are specific exceptions for compatibility. Android Java never tried to be compatible, various required APIs were replaced or are just flat out missing from the runtime library.

I don't believe there is any existing specific exception that allows for completely compatible API s (which you appear to be claiming sql is) but not partially compatible ones (Java). Can you cite a source for this claim?

Re: Google and Oracle's decade-long copyright battle reaches Supreme Court

#68
post #14

If this (somehow) succeeds, could IBM sue Oracle over SQL compatibility?

IBM contributed SQL to international standards (Or is it just ANSI? I don't care too look that up), so probably not. It isn't clear though, joining ISO generally requires you to license your patents for a "reasonable price" (Reasonably for a big company, tens to thousands of dollars....), but of course IBM didn't agree to that back then, so would courts say IBM implicitly agreed to the standards of the day where it was thought not required or not... Could go either way but I'd guess IBM would lose such a battle.

Re: Google and Oracle's decade-long copyright battle reaches Supreme Court

#69

Earlier quoted context omitted.

> plenty Actually, just one, the desktop. In virtually every other market, Linux is either dominating or has a firm share.

Phones, billions of devices running various embedded real-time os, gaming like Xbox and playstation, watches, smart TVs, medical devices, space systems, and many other places are not Linux dominated, and many of these have almost zero Linux presence.

> Phones

For smartphones, Linux-based Android has the largest market share. It is linux dominated. For less smart phones, there are Linux based operating systems like KaiOS.

https://en.wikipedia.org/wiki/Android_(operating_system)

https://en.wikipedia.org/wiki/KaiOS

Linux based OSs having 87% market share in india: https://www.androidauthority.com/india-kaios-market-share-88...

Global 74% market share for Android: https://gs.statcounter.com/os-market-share/mobile/worldwide

> gaming like Xbox and playstation

Yes, I think most deployed devices don't use Linux, and I'm not aware of any major linux using gaming console, but it's not unheard of, e.g. SNES classic mini. Also, from what I saw, Linux has a good foothold for game streaming offerings, but it's a new market and not yet established that it'll last.

> smart TVs

smart TVs are almost exclusively on Linux!

https://www.statista.com/statistics/257778/number-of-smart-t...

WebOS, Tizen, Android TV, Roku OS, Firefox OS, Amazon Fire TV, all uses Linux.

Re: Google and Oracle's decade-long copyright battle reaches Supreme Court

#70
Question: so if Oracle wins, does that mean no one can create compatible APIs in general?

I know a lot of folks have created compatible APIs for Amazon S3, including Oracle themselves.

Does this become against the law if Oracle wins?

https://docs.cloud.oracle.com/en-us/iaas/Content/Object/Task...

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