08.13.10

Apple Benefits From Oracle’s Patent Attack on Android

Posted in Apple, GNU/Linux, Google, Java, Microsoft, Oracle, Patents at 2:56 pm by Dr. Roy Schestowitz

Steve Jobs with patent
Original photo by Matt Buchanan; edited by Techrights

Summary: Among those who benefit from an attack on Android there’s Apple, whose CEO is a good friend of Oracle’s CEO; more coverage about this development which dominates the news

THIS will hopefully be one of our last posts about Oracle vs. Google. We have already covered it in the following three posts:

Since those previous posts it has occurred to me that the party most likely to benefit is actually Apple, not Microsoft. Oracle only sues Google over Android, just like Apple sued HTC over Android. One must remember that Oracle’s CEO and Apple’s CEO are very close friends. Wikipedia reminds us that Ellison’s “friend Steve Jobs (CEO of Apple, Inc) was [Ellison's] official wedding photographer.” Anyway, it gives room only to theories.

“That’s why Apple’s iPhone is so much better than Microsoft phones.”
      –Larry Ellison, Oracle
A number of months ago Larry Ellison also said: “While most hardware businesses are low-margin, companies like Apple and Cisco enjoy very high-margins because they do a good job of designing their hardware and software to work together. If a company designs both hardware and software, it can build much better systems than if they only design the software. That’s why Apple’s iPhone is so much better than Microsoft phones.”

Could the relationship with Apple play some role here? Maybe even a small role? “Actually, It’s crApple attacking Google by proxy,” one reader of ours opines. “But, a weak lawsuit this one,” he argued, “I’m reading the points now…”

Google’s Tim Bray from the Android team says “F**k Oracle” (he doesn’t use asterisks though). This was brought up by Groklaw actually, having just addressed the spin-doctoring from Microsoft’s MVP de Icaza:

Miguel De Icaza still wants everyone to hitch their wagons to Microsoft’s star. He suggests that Google pay off Oracle and then switch to Microsoft .NET:

Google could settle current damages with Oracle, and switch to the better designed, more pleasant to use, and more open .NET platform.

Hahahahahahaha. That’s the last life lesson to to be learned from this event, I’d suggest. How about instead what the community has been warning Miguel about for years: don’t hitch your code to anybody’s patented wagon. Watch out for patents. Watch out for Mono. Watch out for C#. Stallman is warning you:

It is dangerous to depend on C#, so we need to discourage its use.

The problem is not unique to Mono; any free implementation of C# would raise the same issue. The danger is that Microsoft is probably planning to force all free C# implementations underground some day using software patents. (See http://swpat.org and http://progfree.org.) This is a serious danger, and only fools would ignore it until the day it actually happens. We need to take precautions now to protect ourselves from this future danger.

And was he not right about the Java Trap? How many times must he be right before developers listen? I’m talking to you, Gnome. I’m talking to you, Canonical. Care what version of OpenOffice you use. I’m talking to everyone trying to pooh pooh patents as a toxic danger. It is real. And remember, CodePlex was set up to push Mono. That’s what they said. Forewarned is forearmed.

Brian Proffitt goes ahead with the “SCOracle” meme:

I’ll say this for Oracle, at least they’re consistently contradictory. They’ll extol the virtues of their partners, then turn right around and kick them in the–well, you know–and deploy an “innovative” copy of their partner’s free software.

Or they’ll claim to love open source, then let a prominent open source project suffer death by ignoring.

Or they’ll tout open standards, then turn around and use patents on a standard programming language, then sue one of the biggest users of that technology.

Yes, consistent indeed.

Last night, when Oracle announced it was suing Google for alleged infringement of Oracle’s Java patents, my initial reaction was one of resigned realization: when Oracle bought Sun Microsystems last year, I always wondered if it was just to get control of MySQL, arguably Oracle’s once-biggest potential threat. They weren’t doing anything with OpenSolaris, after all, and just this week at LinuxCon, praised Linux to the heavens.

Oracle’s action shocked many in the Free software world, but Dennis Howlett was not surprised (neither was James Gosling).

Oracle’s patent suit against Google seems to have taken many by surprise. I’m neither surprised nor stunned. If anything, I am surprised it has taken Oracle this long to saddle up its lawyers.

Florian Müller carries on pushing his point of view into some online journals, pretending to be a FOSS representative and mass-mailing many journalists, still. His spin is still actively being challenged by the FFII.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

7 Comments

  1. twitter said,

    August 13, 2010 at 6:31 pm

    Gravatar

    Florian has really lost it in that ZDNet article. The more he carries on, the more obvious his place in the Fauxpen Source community is:

    “If companies only go to court because someone doesn’t accept a reasonable licence deal, then even I as an opponent of software patents can see the commercial logic and can’t condemn such action in moral terms because it allows companies to stay in business.”

    Let’s rephrase that so that the depravity is clear:

    “If companies only shoot you because you don’t give them your money, then even I as an opponent of armed robbery can see the commercial logic and can’t condemn such action in moral terms because it allows companies to stay in business.”

    Florian’s advocacy of uniform fee only licensing is basically advocacy of patents. His justification that companies can make money with them can be applied to any crime. Judicial extortion is actually worse than ordinary, brute force crime because it makes a mockery of the institutions that should protect us. Civilized people protect themselves from predation by their neighbors.

  2. vexorian said,

    August 13, 2010 at 9:37 pm

    Gravatar

    If google used Mono on android instead of the FOSS Java implementation, there is no reason at all MS would hesitate to do the same lawsuit. I can already picture MS twisting their community promise “How is google’s android bussiness covered by a community promise? *sue* *sue*” It would just be too much a juicy change to take android out of the road while they keep developing their windows mobile seven or whatever they call it now.

    I am not sure anymore if just stopping using patented stuff is going to be enough. The problem with software patents and corrupt corporations is that they will always be able to sue, with grounds or not. What is really needed is to somehow cast a miracle and get rid of software patents.

    Meanwhile, avoiding stuff whose imaginary property is held by Oracle or MS is a good temporary fix , but nothing permanent.

    The attempts to portray Mono as safer to this sort of thing than Java are laughable at best. If Oracle can do it with Java so can MS with Mono. That’s probably the reason boosters so far are completely ignoring the issue on why they think it is safer, they just manage to state they think it is…

  3. gnufreex said,

    August 14, 2010 at 7:57 am

    Gravatar

    Florian Muller is full of crap.

    He actually said that Microsoft patent extortion and shakedown is acceptable! And he calls himself “free software advocate”?

    When company is obliged to pay someone to use free software, there is no freedom anymore. It doesn’t matter if company sues you into paying or scares you into paying without using courts, effect is the same. REMOVAL OF SOFTWARE FREEDOM.

    Particular piece of software becomes liability and nobody perceives it as free software anymore. And then they see other free software in same way: as a liability. Damage is big. Only fauxpen source advocates like Muller can be blind to this.

    Dr. Roy Schestowitz Reply:

    And he calls himself “free software advocate”?

    He doesn’t claim it. But his account name in Twitter is “fosspatents”.

    Here is some of the latest exchange (this morning, times in GMT):

    [06:20] [Notice] -BNtwitter to #boycottnovell- [fosspatents] @ffii WRT “non-domestic” players influencing EU open standards policy, how *European* are OpenForumEurope and ECIS, except for the names?

    [06:22] [Notice] -BNtwitter to #boycottnovell- [fosspatents] @ffii WRT “non-domestic” players influencing EU open standards policy, how *European* are OpenForum Europe and ECIS, except for the names?

    [13:55] [Notice] -BNtwitter to #boycottnovell- [ffii] @FOSSpatents “Non-domestic” implies an obligation to restrain your lobbying and respect the decision process.

    [14:00] [Notice] -BNtwitter to #boycottnovell- [fosspatents] @ffii Restraining lobbying and respecting decision-making processes should be expected from every entity everywhere, at home and abroad.

    [14:03] [Notice] -BNtwitter to #boycottnovell- [fosspatents] The protesters who march on Google’s building over net neutrality mean well but should thereafter go up the 101 to Oracle’s HQ over patents.

    [14:03] [Notice] -BNtwitter to #boycottnovell- [ffii] Groklaw takes #Scoracle for Bilski teach-in http://www.groklaw.net/article.php?story=20100813112425821

    [14:10] [Notice] -BNtwitter to #boycottnovell- [ffii] @FOSSpatents Your call for anti-corporate protests turns potential regulatory deficits into a moralist case, quite naive. #scoracle #swpat

    [14:18] [Notice] -BNtwitter to #boycottnovell- [ffii] @fosspatents Of course, we are part of the domestic constituency, they are not. We repected that principle with our #Bilski ACL submission.

    [14:20] [Notice] -BNtwitter to #boycottnovell- [fosspatents] @ffii I don’t suggest protests as a substitute for patent reform, let alone antitrust where applicable. Different types of measures, sure.

    [14:21] [Notice] -BNtwitter to #boycottnovell- [ffii] #FFII Bilski amicus letter to the US Supreme Court http://bit.ly/Xfjfv #swpat

    When company is obliged to pay someone to use free software, there is no freedom anymore.

    I’ve just been told that the same talking point (as Müller’s) has landed in an Arabic discussion forum, defending Microsoft’s practices with patents. It may be contagious.

    gnufreex Reply:

    I’ve been seen that (MUller’s) argument on Linux forums for more than a year now.

    It is definitely contagious.

    Dr. Roy Schestowitz Reply:

    Some minutes ago I found:

    Oracle Google Suit Could Kill Android and Threaten Open Source

    “I wrote free and open software activist Florian Mueller”

    But he is *NOT* a “open software activist”!

    And again it’s that whole “IBM|Oracle|other is trying to ‘kill’, Microsoft is cooperative” nonesense.

    See for contrast:

    Android Lawsuit Is Really Just Oracle Flirting With Google

    twitter Reply:

    Contagious or just another Microsoft talking point being pushed by all the usual suspects? Florian looks like a big pusher but he’s got plenty of other paid help.

What Else is New


  1. Links 15/1/2021: GStreamer 1.18.3 and Proton 5.13-5

    Links for the day



  2. IRC Proceedings: Thursday, January 14, 2021

    IRC logs for Thursday, January 14, 2021



  3. Links 14/1/2021: Wine 6.0, Debian 11 Freeze, and Alpine Linux 3.13

    Links for the day



  4. Patent Propaganda and UPC Jingoism Instead of Actual News

    Today's so-called 'news' about the EPO (Europe's second-largest institution) and the failed UPC is nothing short of shameless propaganda



  5. Links 14/1/2021: Season of KDE 2021 Selection, Mesa 21.0.0-RC1, Tor Browser 10.0.8

    Links for the day



  6. InteLeaks – Part XIV: Technical Incompetence and Incoherence Leading to Alienation and Brain Drain

    The idea that Intel "loves Linux" or "supports Linux" is somewhat of a sham; one needs only to consider what Intel insiders are saying about that, having witnessed it firsthand



  7. IRC Proceedings: Wednesday, January 13, 2021

    IRC logs for Wednesday, January 13, 2021



  8. Links 13/1/2021: $150 RISC-V Computer With GNU/Linux, Intel Replaces CEO Again, and New Fedora 34 Plans

    Links for the day



  9. Unitary Patent is Dead and Lies About the Unified Patent Court (UPC) Aren't Ending

    Not "Russian agents" but concerned European citizens are beginning to see the truth behind the Unified Patent Court, which the 'media' has wrongly called "Unitary Patent Court" three times in 2 days



  10. InteLeaks – Part XIII: GNU/Linux Documentation From People Who Never Even Use GNU/Linux

    Inside Intel there's a whole bunch of embarrassing secrets about the Developer/Development eXperience ("DX") team; no wonder documentation efforts have been lacking and far too much time wasted putting such documentation together



  11. Links 13/1/2021: Mozilla VPN, NeoChat 1.0.1 and Sci-Hub Under Attack

    Links for the day



  12. IRC Proceedings: Tuesday, January 12, 2021

    IRC logs for Tuesday, January 12, 2021



  13. GNOME Foundation is Still Participating in the Attack on Richard Stallman

    GNOME's supposed 'representatives' (close-knit friends with Microsoft connections) continue to attack RMS (Richard Stallman), the founder of GNU (the G in GNOME) and the Free Software Movement



  14. Links 12/1/2021: GTK 4.0.1 Released, Jailbroken iPhone 7 Running Ubuntu

    Links for the day



  15. InteLeaks – Part XII: Intel Isn't Interested in Improving and Instead It's Shooting the Messengers Who Highlight Areas for Improvement

    It seems rather clear that Intel (quite frankly like many other companies but perhaps even more so than the rest) isn't interested in self-assessment and instead it's looking to muzzle or even oust constructive critics



  16. IRC Proceedings: Monday, January 11, 2021

    IRC logs for Monday, January 11, 2021



  17. Tiger Computing Ltd Afraid of Being Seen as Close to the British Military, Resorts to SLAPP Against Blogger and GNU/Linux Developer

    Tiger Computing Ltd (UK) has resorted to baseless legal threats against critics and sceptics, based on clear and obvious misuse of trademark or copyright laws (they don't even seem to know the difference)



  18. Marketing Companies (Disguised as News Sites) Badmouth Linux, Go, Monero and More

    Another day, another shallow piece associating “Linux” with security risks based on something that has nothing to do with GNU/Linux and generally boils to nothing like a real threat (unlike Windows back doors)



  19. The Media is Slurring and Misleading Linux Users Instead of Just Telling the Mundane and Objective News

    The "big sites" or the so-called 'news' sites seem incapable of just objectively covering the news (in line with journalism/journalistic standards)



  20. Links 11/1/2021: Kdenlive 20.12.1, fwupd 1.5.5, Microsoft Offline Again

    Links for the day



  21. InteLeaks – Part XI: Accountability Issues and Disdain for Views/Opinions of Actual GNU/Linux Users/Developers/Communities

    The truth about internal affairs at Intel and developers' struggle with "low/non-tech involvement," as told by insiders



  22. Links 11/1/2021: Linux 5.11 RC3, Firefox Integrates More Patent Traps

    Links for the day



  23. As Microsoft Windows Drops to Just 30% Market Share the Microsoft-Connected 'Net Applications' Wants You to Think Windows Still Has Over 90% of the Market

    StatCounter says Windows is down to 30% this month (Android is at over 42%) and it’s time to talk about the lies which are still being spread by Net Applications (many so-called ‘news’ sites helped spread those lies last year, including so-called ‘Linux’ sites)



  24. IRC Proceedings: Sunday, January 10, 2021

    IRC logs for Sunday, January 10, 2021



  25. People Sponsored by Google Are Hiding Sponsorship by Google and Hiding Google Critics

    FOSDEM mailing list hides the critics of Google; it's becoming part of a familiar pattern



  26. Alex Oliva's Departure is a Massive Loss to the Free Software Foundation

    The FSF (Free Software Foundation, established 1985) is losing not only Mr. Oliva; it loses some credibility as the departure contributes to the general perception that there's still an ongoing coup, reinventing the FSF in the image not of its very own founder



  27. InteLeaks – Part X: Replacing Free Software With Microsoft, Turning One-Minute Processes Into Days Long

    Processes that were entirely Free software-centric were rejected and replaced by truly antithetical spyware of companies that aren't Intel and give Intel no autonomy or self-determination



  28. Alex Oliva's Resignation From the FSF Board

    At the advice of friendly FSF board members, I turned in the following letter to the FSF president, asking him to pass it on to directors and voting members at a suitable time...



  29. Links 10/1/2021: GNU findutils 4.8.0 and AntiX ‘Bullseye’ Alpha 1

    Links for the day



  30. IRC Proceedings: Saturday, January 09, 2021

    IRC logs for Saturday, January 09, 2021


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts