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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

#421
post #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 w…

License your patents maybe, but what about your newfound copyright on the SQL language?

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

#422
post #399

Earlier quoted context omitted.

> Google could have used the Java language with completely different APIs Well, no, because many Java language constructs are defined in context to the standard library, for instance all classes being children of java.lang.Object. They'd need quite a bit of java.lang at the very least.

Which even after their adoption of OpenJDK still isn't compatible out of the box with the standard library available at https://adoptopenjdk.net/ In 2020 it is still pretty much hint and miss getting a Java library working without changes on Android, given that the Android team cherry picks whatever they feel like from OpenJDK for their own Android API implementation purposes. Easily to find that out from Gerrit comm…

Nothing happens to the interoperability argument. Nothing says it need to be 100% interoperable, or else you wouldn't be able to ship an MVP for any reimplementation of an API. And hell, the official JDK isn't even 100% interoperable with it's past selves.

Maybe if Sun didn't play games with access to the TCK in the past we wouldn't be here adn there'd be a valid test for compliance that wasn't "do what the official JDK does".

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

#423
post #399

Earlier quoted context omitted.

Which even after their adoption of OpenJDK still isn't compatible out of the box with the standard library available at https://adoptopenjdk.net/ In 2020 it is still pretty much hint and miss getting a Java library working without changes on Android, given that the Android team cherry picks whatever they feel like from OpenJDK for their own Android API implementation purposes. Easily to find that out from Gerrit comm…

Nothing happens to the interoperability argument. Nothing says it need to be 100% interoperable, or else you wouldn't be able to ship an MVP for any reimplementation of an API. And hell, the official JDK isn't even 100% interoperable with it's past selves. Maybe if Sun didn't play games with access to the TCK in the past we wouldn't be here adn there'd be a valid test for compliance that wasn't "do what the official…

Maybe if Google had bought Sun after torpedoing it, we wouldn't be having this discussion and everyone was enjoying a Go style management with Java stuck at version 6.

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

#424
post #423

Earlier quoted context omitted.

Nothing happens to the interoperability argument. Nothing says it need to be 100% interoperable, or else you wouldn't be able to ship an MVP for any reimplementation of an API. And hell, the official JDK isn't even 100% interoperable with it's past selves. Maybe if Sun didn't play games with access to the TCK in the past we wouldn't be here adn there'd be a valid test for compliance that wasn't "do what the official…

Maybe if Google had bought Sun after torpedoing it, we wouldn't be having this discussion and everyone was enjoying a Go style management with Java stuck at version 6.

You shouldn't have to buy someone to ship a competing implementation. And Sun wasn't torpedoed.

Do you have anything else to pivot to?

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

#425

Earlier quoted context omitted.

>I have a bit of trouble with the concept "the threshhold of too much", too, as it applies to this case. Google copied or paraphrased essentially _all_ of the text of interfaces they used from Java libraries Oracle is trying to argue that just because you intentionally left a bunch of implementation detail out because it isn't relevant toward transforming something like the Java API's to a new context, it should stil…

Oracle's argument isn't legally circular or anything like that. It's actually very strong, which is why it's problematic: the industry status-quo consensus that you can't copyright APIs has no obvious basis in copyright law beyond the notion that you can't copyright "facts". Is an API a collection of facts? I would hate to be a lawyer tasked with arguing this one in front of the Supremes. Programmers sweat bullets ov…

No where in the copyright statute does it explicitly call out a software API as being copyrightable. The representation of one may be, but not the API itself extending copyright protection to APIs now is nothing less than legislating from the bench. It should be a legislative decision, not a judicial one.

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

#426

Earlier quoted context omitted.

Nothing much? This isn't just about the Java API. This is about EVERY API. You might not be able to write a web server anymore, depending on who owns the copyright for HTTP. You didn't invent GET, PUT, and POST, you thieving copyright abuser.

I dont think so, Webserver are based on HTTP protocol which is an Open web standard published by IETF. https://tools.ietf.org/html/rfc7231 It could be copyrighted but its usage doesn't mean you are thieving it. For instance "Linux" is a copyright owned by Linus Torvalds, Redhat isnt thieving it. Your understanding is incorrect here.

> It could be copyrighted but its usage doesn't mean you are thieving it.

Says who? Oracle is claiming exactly the opposite, and if they win this will become "law" in the USA. I think you've missed the whole point of this issue here.

> For instance "Linux" is a copyright owned by Linus Torvalds…

For starters: Linux™ is a trademark, not "a copyright".

> Your understanding is incorrect here.

It seems, at least to me, that you actually missed a few core point of the whole story. ;-)

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

#427
post #266

Earlier quoted context omitted.

Nothing much? This isn't just about the Java API. This is about EVERY API. You might not be able to write a web server anymore, depending on who owns the copyright for HTTP. You didn't invent GET, PUT, and POST, you thieving copyright abuser.

Back when I was working for Nokia, the APIs were patented, this is nothing new.

Quite interesting claim as Nokia was still an EU company back then and software "as such" can't be patented to this day in the EU. (That's sadly not true in practice any more for some time by now as more and more software patents are granted under the notion beeing "computer aided inventions". This also overlaps with strong political will to finally lift the general ban on software patents. Thankfully some people are fighting this nonsense though[1]).

[1] https://fsfe.org/activities/swpat/swpat.en.html

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

#429
post #423

Earlier quoted context omitted.

Maybe if Google had bought Sun after torpedoing it, we wouldn't be having this discussion and everyone was enjoying a Go style management with Java stuck at version 6.

You shouldn't have to buy someone to ship a competing implementation. And Sun wasn't torpedoed. Do you have anything else to pivot to?

If Google didn't wanted to be sued (IBM would likely have done the same), their solution was to own Java instead of hoping that their torpedo would have sunk Sun's ship without a hiss.

I am not pivoting, Google has only itself to blame for their little J++ adventure.

"James Gosling Triangulation's Interview on Google vs. Sun"

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

Basically wanting Java as free beer, without paying Sun any money given that Java actually required licenses for handsets/embedded deployments in pre-OpenJDK days, in the not so good economical situation that they were, withdrawing them from possible Android license revenues.

That is torpedoing, regardless how Google employees, or wannabe employees play it.

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

#430

Earlier quoted context omitted.

> This isn't how copyright works though. It's neither necessary or sufficient. If you copy an API but change the words using a thesaurus you are still copying it so it would still be infringement. If by happenstance you come up with the same wording in your API, then that would not be copyright infringement because you didn't copy anything. That also isn't how copyright works. You're essentially asserting copyright o…

> The semantics of an API may (although I would argue otherwise) be protected, but if they are it would have to be either as a design patent, or as trade dress, not as copyright. Wouldn't semantics be functional and thus require a utility patent, rather than a design patent or trade dress?

Wouldn't semantics be functional and thus require a utility patent, rather than a design patent or trade dress?

The argument being made by Google (and stipulated by Oracle) is that the reason Google copied the API was for its familiarity to developers, rather than any inherent quality or functionality.

This is, essentially, a "look-and-feel" lawsuit, only applied to code, rather than UI.

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