Re: oh well. oracle has other problems too...

Silicon valley is full of FM types. There's a term Silicon Valley Syndrome where some people believe that their IQ, Talent, and over all tech superiority increase with respect to their proximity to Silicon Valley.

I've seen it first hand, which is why I live in Chicago, close to. Peoria so that I remain well grounded in reality.

Re: oh well. oracle has other problems too...

> how the hell does Floeian Mueller still find work?

It's really easy - the media (this respectable organ included) tends to quote him verbatim and present it as factual.

So from a PR perspective, he's a cheap way to get a point of view presented to the readership as if it were gospel.

Vic.

Re: oh well. oracle has other problems too...

> Mueller has a highly visible public record of lies, damned lies and statistics.

Yes.

But I get moderated when I say so...

Vic.

Re: oh well. oracle has other problems too...

>Everyone else in Sun was toild that their blogs were personal, and didn't reflect Sun policy. Why should the ponytailed asshole be treated any differently?

Oh dear, looks, like I should have put this in <sarcasm /> tags... Thought it was obvious...

Re: @BristolBachelor I must be missing something

Oracle NEVER wanted the hardware business. They just couldn't sell it to anybody because of anti-trust regs and the SEC - too few vendors in the square so they couldn't sell to another big iron vendor. And they couldn't sell to any of the small iron vendors because they all go 'we're in the commodity hardware business. [pause] scribble, scribble, scribble [end pause] And in about 3 years our stuff will outperform what you're selling today anyway.'

Re: Oracle are almost as evil as Apple

I'd say it was the other way around, but we're sort of in the 'who was worse: Hitler vs Pol Pot|Ghengis Khan': beyond tolerable either way.

Re: API to be assumed as copyrightable

> Judge Alsup has deleted an earlier notation, that he would decide

> the copyright status of the Java API

I don't think he has.

I'm a couple of days behind with the case, but ti appears that he';s actually played a blinder here.

> there will apparently be an instruction to the jury to assume they are copyrightable

Note that that is a jury instruction to assume it, not a case law precedent.

It appears that Judge Alsup wants the jury to decide first if there is any infringement *if* Oracle's position on copyrightability is assumed correct. If the jury says there is no infringement, then that is that - he doesn't have to make a ruling.

If the jury finds that there could be infringement under that theory, then he can still rule on the copyrightability issue - there can be no infringement if the material is not eligible for copyright infringement.

So this actually looks like an attempt by the judge to avoid grounds for appeal. That's a good thing.

Vic.

Re: API to be assumed as copyrightable

I think it's more subtle than heading off an appeal. Both sides will fight hard for one wwhatever happens anyway, with or without valid grounds.

I think he's trying to avoid setting a precedent on the API copyright issue. Having a hard yes or no is almost certainly the wrong result, needs to be some consideration of specifics in future cases.

@Vic : Re: API to be assumed as copyrightable

I've not seen the records, so i'm going by second hand news here, which I had no reason to doubt.

"Note that that is a jury instruction to assume it, not a case law precedent."

Oh absolutely, however at face value it had me starting to feel a tad nervous in conjunction with the notation removal. It would always have to have been backed up by a ruling one way or the other.

"It appears that Judge Alsup wants the jury to decide first if there is any infringement *if* Oracle's position on copyrightability is assumed correct. If the jury says there is no infringement, then that is that - he doesn't have to make a ruling."

..I was coming to that way of thinking while mulling things over this weekend..

"So this actually looks like an attempt by the judge to avoid grounds for appeal. That's a good thing."

Good point - hadn't considered that at all.

Cheers

Re: "Essentially, he’s a lobbyist for Oracle"

> Always amuses me when people accuse others of corruption

...Particularly when you look at someone's posting history...

Vic.

@diodesign

In some ways his comment is to be expected. Too many in the media make similarly offhand assertions with nothing to back it up. It seeps into the culture and soon everybody is doing it.

But you are correct. That still doesn't excuse it.

Re: "Essentially, he’s a lobbyist for Oracle"

"accuse others of corruption, bribery and dishonesty"

So you didn't think negatively of Mueller despite him being an adviser to Oracle? Mueller was pro-Oracle even before he became a "consultant" for Oracle. Probably why they hired him.

And I'm not accusing anyone of anthing. Simply that we're all biased one way or another to a greater or lesser degree for all manner of reasons.

News Corporation for example, has an exclusive deal with Apple. Is that why their publications rarely write anything negative about Apple but are not always complimentary about Apple competitors (in my subjective opinion of course)?

And Boy Genius Report is "advised" by Steve Wozniak. Whether that has anything to do with their often apparently pro-Apple stance I can't say.

Other tech publications have similar relationships with the major players.

It's too strong to suggest a conspiracy, but if lobbying doesn't work, why hire lobbyists?

Re: "Essentially, he’s a lobbyist for Oracle"

Groklaw have no marketing budget.