Google: Oracle doctored that 'copied Java code'

Google stalking horse?

I wonder if Google haven't deliberately set up the Android framework to break the software patents system. They could be setting a trap for Oracle and anyone else who is foolish enough to venture down this road. What they are saying here is:

'Our code is similar, so what?'

but more importantly:

'if you find us guilty all our partners are guilty (which includes almost everybody)'

'You must also sue all the open-sourcers who contributed (but only to those specific lines)

The litigant (or patent troll) can't pick and choose who to sue. If you don't sue all those who allegedly infringe you are not 'defending your patent' and the patent is void. This is not a smoke screen but a legal fog-bank that Oracle could wander into and be lost forever. Google can keep appealing on these sorts of grounds for ever. This would be very expensive for Oracle to keep in court and if they give up the patent is lost.

what Oracle doctored

"Google's infringement and fragmentation of Java code not only damages Oracle..."

That's certainly true but doesn't make it something Oracle can successfully sue over. Even in the US where you can sue over anything, companies can't sue just because their business model has been made irrelevant, they have to find deliberate interference and leap through a lot of hoops.

And that code Oracle doctored? There's a strong indication they removed the copyright attribution on *their* version - because leaving the GPL copyright notice on it completely invalidates their case. Yes, Sun released that version under GPL, Google have fulfilled all their GPL obligations over the 3 months time slot the code was actually in the project and Oracle are screwed.

It really is another SCO, lie about the evidence, lie about the license, lie about the law. And lose.

Oh dear

Google is your fair weather friend, indeed.

Most posts here are seriously dim

Thanks to VIC on this thread for being informative.

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For the most part, posts on this thread are idiotic.

Google assert that Andoid is developed by the OHA, cue comments like, "way to screw your business partners", and "MS never do this" etc.

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What part of the OHA do you not understand? Hardware manufacturers are increasingly interested in the software their hardware runs, and sometimes the standards they can use. HP bought palm for a reason you know, Nokia/Intel contributed and merged development into meego for a reason. The days of a Microsoft leaving the scraps for "partners" is over. I'm saying the "DOS ain't done till notes don't run" days are Gone!

The OHA are big boys and all make money, they are not Google, the software is not only open to be just built by one and licensed to others, if there is a legal case its the OHA who will likely fight it, how is stating this, shafting partners?

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Amazing to me, is the idea that Oracle could be claiming copyright infringement against the the terms of GPL'd code. Will we see Larry visit the FSF to see how best to prosecute? I'd pay to see that.

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VIC suggests there are exception for the code samples, and his knowledge seems more convincing than idiotic - the code looks the same statements, therefore copyright infringement, those comments remind me of a bit of python: "she's a witch" "how can you tell?" "she looks like one"

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Beyond the frankly weird "copyright" red herring, is a complex argument about Patents for Java, derivation and implementations of VMs, syntax of language and Sun/Oracle licenses of such.

Honestly I don't know what the heck is right here. I heard SUN Java was trying to be good to open source/open standards based development, I guess now Oracle are involved we can all.

1. Fork and use as much free stuff from the SUN years whilst entirely ignoring Oracle as an entity or leader of such projects. Hence libreOffice, openJDK, Harmony, mySQL will no doubt/may have forked and many others.

2. Avoid use of any technology they hold valid patents/license over, though in the case of Oracle that really has been a good idea for the last 20 years.

3. Support any/all free/open mobile software that doesn't get caught up in the coming patent Armageddon, it's almost amusing how the big software companies are looking more likely to destroy each others business, just as Linux on a consumer screen (albeit not the desktop) is actually in danger of becoming reality.

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As for the early Apple troll, I don't think Apple are walking away from the current "patent absurdity" without trouble either, if I was as idiotic as that poster I'd be saying Go Motorola et al. I'm not saying that, just kicking back with a drink and watching the patent bombs drop all over the growing markets, and wondering if this outcome was imagined at "Gottschalk v. Benson". Still I'm in the UK in a patent bunker :-)

Interesting.

Almost everything in tech is covered by so many patents that putting something on the market will inevitably lead to you being sued, if only by trolls.

Maybe Google looked at the risk issue with Linux (one of the reasons many folk don't use it, fearing they could be the target of litigation as there is no central, rich corporate to sue-the users are more attractive targets) and decided to go with safety in numbers. The OHA reads like a who's who of several sections of the industry.

Oracle would like to get a big chunk of money out of Google, but do they really want to try to sue that many people?

In theory, this could be a way forward in tech that defeats the patent trolling blockade of new tech developments, on the basis that you can't sue everyone. Whilst it might seem to impact upon the little guy who comes up with an original idea, the little guy already has no chance of justice anyway because the cost of defending a patent against any single large corporate is too high.

There may be implications all over the place if this goes to a ruling, but it may end, as these things usually do, in an out of court settlement.

Apologies to the middlemen but...

If Ora-kill hadn't begun this attack on what should be open source then Google wouldn't have spun this nasty web. Truth of this is that Oracle is very unlikely to go after the middler's because it doesn't pay them for their legals & the social & technical payback would leave Oracle hated with fury & probably dropped by many organisational users. That's not good business.

Oracle started the dirty game but Google have responded in a way that makes them look just as bad. I hope this goes on for a long time & most of all I hope Larry loses his boat.

Ed: We need a Larry Ellison icon, both angel & devil...

Serving notice

Know that I, E2, have patented the use of square brackets ([]) to calculate offsets from a base address in computer memory and also in matrices in mathematics. Also patented the number 2. Also patented the process of turning text descriptions of CPU & GPU instructions into binary CPU & GPU instructions.

I have been able to do this because I thought of filing the patent before you did.

You will all receive bills for your infringement of my patents shortly.