EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

08.13.10

‘Team Microsoft’ Uses Oracle Action Against Google to Promote C#

Posted in Java, Microsoft, Oracle, Patents, SUN at 4:14 am by Dr. Roy Schestowitz

“As if you could kill a dolphin by swallowing the ocean…”

Marten Mickos, CEO of MySQL (about Oracle)

Larry Ellison eats dolphin

Summary: ‘Team Microsoft’ or ‘Team Apologista’ — including Florian Müller — already touts Oracle’s lawsuit against Google as a reason for C# (implicit recommendation)

OH, how predictable. Mono boosters are already using Oracle’s action not to denounce Oracle but to promote C# at Java’s expense. To quote Carlo Daffara, “Miguel de Icaza claims that “The Java specification patent grant patent grant seems to be only valid as long as you have a fully conformant implementation”, but that applies only to the Standard Implementation of Java, not OpenJDK. Sorry Miguel – nice try. More luck next time.” Here are parts of Daffara’s analysis of this case:

On the first point: in the complaint, Oracle claims that “The Android operating system software “stack” consists of Java applications running on a Java-based object-oriented application framework, and core libraries running on a “Dalvik” virtual machine (VM) that features just-in-time (JIT) compilation”. On copyrights, Oracle claims that “Without consent, authorization, approval, or license, Google knowingly, willingly, and unlawfully copied, prepared, published, and distributed Oracle America’s copyrighted work, portions thereof, or derivative works and continues to do so. Google’s Android infringes Oracle America’s copyrights in Java and Google is not licensed to do so … users of Android, including device manufacturers, must obtain and use copyrightable portions of the Java platform or works derived therefrom to manufacture and use functioning Android devices. Such use is not licensed. Google has thus induced, caused, and materially contributed to the infringing acts of others by encouraging, inducing, allowing and assisting others to use, copy, and distribute Oracle America’s copyrightable works, and works derived therefrom.”

[...]

As for patents, a little reminder: patents cover ideas, not implementations (let’s skip for the moment the folly of giving monopoly protection on ideas. You already know how I think about it); so, if in any way Oracle had, now or in the past, given full access to those ideas through a licensing that is transferable, Google is somehow protected there as well. And – guess what? That really happened! Sun released the entire Java JDK under the GPLv2+classpath exception; granting with that release full rights of use and redistribution of the IPR assigned on what was released. This is different from the TCK specification, that Google wisely never licensed; because the TCK license requires for the patents to be transferred to limit the development to enhancements or modifications to the basic JDK as released by Sun.

This case is more complex than it may first seem. We’ll write about it later. Jan Wildeboer from Red Hat told me that “SUN tried to “sell” JDK to Google, didn’t like Dalvik, claims it hurts JAVA. Now Oracle sues.” [...] maybe @webmink [Simon Phipps] knows more. But I am not surprised. Will be painted as “defending” JAVA by Oracle.” Later he pointed out that “The patents in the ORCL v GOOG case are 6,125,447, 6,192,476, 5,966,702, 7,426,720, RE38,104, 6,910,205 and 6,061,520″

Wait for more and more Mono boosters to take advantage of this.

Microsoft apologist Florian Müller (see last week's post, titled “Florian Müller Unofficially Joins Microsoft’s ‘Team Apologista’”) is already promoting C# along with the trolls who harass this Web site “[a]nd the fud goes on” the FFII writes in relation to Müller’s latest bit of FUD (he asks, “is Java less open than C#?”). Well, Müller is bombarding Twitter with at least 3 links to his blog right now, using provocative statements like “Shame on Oracle”, “A lawyer affiliated with the FSF Europe supported #Oracle ‘s takeover of Sun”, and “FFII and FSFE should draw the appropriate conclusions from Oracle’s patent aggression against FOSS.”

He also uses this to attack OIN, saying: “One Open Invention Network licensee (Oracle) sues another (Google) over patents. Another #fail for the OIN.”

We’ll write about this later as more details continue to emerge.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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

3 Comments

  1. Jose_X said,

    August 13, 2010 at 7:50 am

    Gravatar

    Shame on Oracle.. unless they are working to help SCOTUS make it easy to rule against software patents.

  2. vexorian said,

    August 13, 2010 at 8:04 am

    Gravatar

    If anything, this is more of a reason to avoid Mono. If Oracle can sue over Java like this after Sun released GPL code and made code there is no reason at all MS can’t do the same regardless of any pretty promise they made.

    Time to stick to C/C++, python/ perl / ruby / etc. Not like Java and Mono were used that much by the FOSS community.

    Dr. Roy Schestowitz Reply:

    If anything, this is more of a reason to avoid Mono.

    Yes, that’s what I wrote a little while back, especially because Novell upsets Sun’s portfolio (now Oracle’s) in several ways. Let’s see if Oracle also sends Go-OO into the bit bucket.

What Else is New


  1. Links 26/11/2014: Docker Patched, New DragonFlyBSD

    Links for the day



  2. Message to the Corporate Media: Bill Gates is Not an Ebola Expert

    Brainwash in the corporate media, including media that the Gates Foundation bribes in exchange for sheer bias, paints the super-rich as the solution rather than the problem



  3. US Government Finally Probes Microsoft Over Financial Fraud, Microsoft Then Bullies the Government With a Lawsuit

    Microsoft is finally being investigated -- perhaps properly too -- for its well-known tax abuses that have so far proved that Microsoft is "too big to jail"; Microsoft is suing the investigator, exerting its abusive power to discourage further investigation



  4. Gagging Critics: Micro Focus-Run SUSE Bribes Journalists in Exchange for Positive Coverage

    Amid the takeover by Micro Focus, SUSE pays journahayess (especially critics) who in turn become some kind of advertisements feed of Novell



  5. Links 25/11/2014: Tizen News, Jolla Tablet Past Million

    Links for the day



  6. Links 24/11/2014: Linux 3.18-rc6, Qualcomm Eyes GNU/Linux Servers

    Links for the day



  7. Boycotting Micro Focus International

    Microsoft's "Partner of the Year" is taking over the patron of SUSE and all of Novell's remains, except the patents (Microsoft has already grabbed those)



  8. Vesna Stilin's Remarks on Željko Topić: Part XI

    Vesna Stilin speaks about her confrontation with EPO Vice-President Željko Topić, who has criminal lawsuits against him in Croatia



  9. Links 22/11/2014: Linux Mint 17.1, Ubuntu MATE

    Links for the day



  10. Links 21/11/2014: Problems at Debian, Jolla Tablet

    Links for the day



  11. Links 18/11/2014: Linux 3.18 RC 5, New DigiKam

    Links for the day



  12. Special Report: Many Criminal Charges Against EPO Vice-President Željko Topić

    The abuses of Željko Topić, who has gained notoriety in his home country, are rapidly becoming public knowledge across all of Europe



  13. Links 16/11/2014: Xfdesktop 4.10.3, GNU Hello 2.10

    Links for the day



  14. Microsoft is Going Into the Anti-Whistleblowing Business, Dodges Criticism Over 19-Year Bug Door in Windows

    With Aorato acquisition Microsoft helps protect the criminals (from whistleblowers) and with lies about .NET Microsoft distracts from a bug that has facilitated remote access into Windows (by those in the know) for nearly two decades



  15. Reaffirming Microsoft's Long-Known Hostility Towards Net Neutrality, Microsoft Crashed Juniper

    Steve Ballmer is ranting against net neutrality and Juniper's business is in trouble after a lot of executives from Microsoft took over most top positions there



  16. Another Massive Step Towards Elimination of Software Patents as Even CAFC Rules Against Them

    After SCOTUS gets involved in the Ultramercial case, the CAFC finally decides to actually serve justice rather than dogma



  17. The GOP's Patent Reform Plan Not Effective Enough to Stop Massive Patent Trolls Like Microsoft/Nokia

    The corporations-serving GOP says that it wants a patent reform, but another reminder is needed of the futility of the suggested changes



  18. How the EPO's Executive Branch (Battistelli and Topić) Banned Scrutiny and Created Authoritarian Model of Control: Part X

    A look at highly dubious moves by EPO President Battistelli and his right-hand man Topić, whose abuses are becoming hard to oversee or even report



  19. Links 15/11/2014: Linux Mint 17.1 Release Candidate, Popcorn Time 0.3.5

    Links for the day



  20. IRC Proceedings: October 26th, 2014 – November 8th, 2014

    Many IRC logs



  21. The Terrible Joke Which is Microsoft 'Loving' Linux: Nightmares With UEFI 'Secure' Boot (i.e. Windows Monopoly Imposed) Continue to Affect GNU/Linux Users

    A reminder of Microsoft's sheer hostility towards GNU/Linux and long-reaching sabotage of GNU/Linux installations



  22. Patent Lawyers Worry About Section 101 in 'Alice' (and Other Patent News)

    A quick roundup of news of interest regarding software patents



  23. Will Write for FUD (Against FOSS)

    Black Duck rears its ugly head again, serving to show that it is in the business of changing perceptions and not in the information or analysis business



  24. Debunking Several Days of Never-Ending Lies About Microsoft and .NET

    .NET is not "Open Source", it cannot be forked (there remains patent threat), Visual Studio is still completely proprietary and it is expected to come to other platforms only because Windows has lost its dominance and Microsoft wants to perpetually control APIs (with software patents) and hence reign over developers



  25. Links 14/11/2014: LibreOffice 4.3.4, Ads Now in Firefox

    Links for the day



  26. Links 14/11/2014: GNOME 3.14.2, PulseAudio 6.0

    Links for the day



  27. Microsoft Windows is Still Designed as a Paradise of Back Doors, Intrusion, Wiretaps, and Interception

    At many levels -- from communication to storage and encryption -- Windows is designed for the very opposite of security



  28. Forget the FUD About Bash and OpenSSL, Microsoft Windows Blamed for Massive Credit Cards Heist

    Home Depot learns its lesson from a Microsoft Windows disaster, but it stays with proprietary software rather than move to software that is actively audited by many people and is inherently better maintained (Free/libre software)



  29. Windows 'Update' and NSA Back Doors, Including a 19-Year Bug Door in Microsoft Windows

    The back doors-enabled Microsoft Windows is being revealed and portrayed as the Swiss cheese that it really is after massive holes are discovered (mostly to be buried by a .NET propaganda blitz)



  30. Revealed: Microsoft is Trying to Corrupt the UK in Order to Eliminate Its OpenDocument Format-Oriented Standards Policy

    Microsoft interference with Britain's preference for ODF is now confirmed, thanks to a valuable news report from Computer Weekly; OOXML lock-in is being unleashed by Microsoft on Android users


CoPilotCo

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

CoPilotCo

Recent Posts