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

08.16.10

Groklaw Suspects Apple Might Relate to Oracle’s Attack on Android, Jonathan Schwartz’ Story About ‘Pulling a SCO’ Recalled

Posted in GNU/Linux, Google, Microsoft, SCO, SUN at 6:48 am by Dr. Roy Schestowitz

Jonathan Schwartz
Jonathan Schwartz: “Years back, Sun was under pressure in the market. [...] With business down and customers leaving, we had more than a few choices at our disposal. We were invited by one company to sue the beneficiaries of open source. We declined. We could join another and sue our customers. That seemed suicidal.” (photo by James Duncan Davidson/O’Reilly Media, Inc.)

Summary: Further analysis of possible motives in the “SCOracle” case; another look at Apple’s software patents lust

IN PREVIOUS POSTS about Oracle’s lawsuit against Google [1, 2, 3, 4, 5, 6, 7] we explained that it is more complex than it initially seems.

There are some more cartoons about it and plenty of opinions, including some from Carla Schroder (“Oracle on the Warpath”) and from IDG. What we found interesting is the reaction from the Microsoft camp though. We did not find a reaction from Microsoft Gavin, who is busy doing ‘damage control’ regarding Microsoft’s violation of privacy. We did, however, find that the ‘Microsoft press’ and Microsoft boosters like Mary Jo Foley (Gavin’s colleague) have begun advertising Microsoft’s database in the midst of disdain/fear of Oracle. How timely. Microsoft MVP de Icaza led Groklaw to writing (Groklaw has just published another new post: “In the “You Won’t Believe This” Department, Miguel’s suggestion to Google is: “…I can not help to think that Google could migrate Android from Java to the ECMA/ISO CIL and C#. Unlike the Java patent grant, the Microsoft Community Promise for both C#, the core class libraries and the VM only require that you have a full implementation. Supersetting is allowed….Google could settle current damages with Oracle, and switch to the better designed, more pleasant to use, and more open .NET platform.”

“I can’t help but think about what Jonathan Schwartz wrote about meeting with Bill Gates and Gates asking for royalties for patents he claimed were infringed by OpenOffice. Schwartz told him that .NET infringes JAVA patents, and so Gates went away. But why isn’t Oracle suing Microsoft, then?”
      –Pemela Jones
“Like *that* will ever happen. I think he’s completely missed the real lesson to be learned about patents and skating close to the edge. And now, because Miguel wrote this, I must begin to wonder about the purpose of this litigation. I can’t help but think about what Jonathan Schwartz wrote about meeting with Bill Gates and Gates asking for royalties for patents he claimed were infringed by OpenOffice. Schwartz told him that .NET infringes JAVA patents, and so Gates went away. But why isn’t Oracle suing Microsoft, then? Instead, here’s Boies Schiller again, after SCO, with another anti-Linux lawsuit, if we define Linux in the broadest terms. Things that make you go hmm.”

To further expand on that point, Groklaw cites “The Java Trap” and agues: “Just a reminder that Richard Stallman warned developers years ago to watch out for nonfree versions of Java and stick to what became the GPL code. Had they all listened, there’d be no Oracle v. Google, methinks. Money makes people do strange things, but you as individual programmers don’t have to. This is in the live and learn from the mistakes of others category. And may I remind you that rms is now warning about Mono and C#, not to depend on them? When you see others pooh pooh his warning, look at his track record. How often is he right? Extrapolate.”

Huge damage has potentially been done to Java’s reputation. As one writer puts it:

Personally, it’s Ruby on Rails and Hadoop for now. My application has a browser-based front so Ruby on Rails is great and as far as the server is concerned, I use the old fashioned C++. Given how I use the data I use in my stealth app, I will never want to use mySQL. It’s Hadoop for the moment. Now with this Java lawsuit, I will not even consider building a Java-based application. Given a choice, one should never pick uncertainty or maybe even a lawsuit.

James Gosling was right. Goodbye Oracle Java.

Oracle has made one rare and important clarification (Oracle is mostly quiet, Google says the claims are “baseless”):

An Oracle spokeswoman said: “This suit is specifically about Google and that’s it.”

[...]

Oracle’s suit also underscores the sharp difference in philosophies between Oracle and Sun, which became one of the most visible proponents of open-source software. Google CEO Eric Schmidt is a former senior Sun executive.

Bruce Perens explains this as follows:

Apparently, Android is missing AWT and Swing, as Google created its own user-interface toolkit. So, Android would not conform with Java Standard Edition nor Java Micro Edition, which both require AWT. Google loses Sun’s patent grant through non-compliance with its requirements to follow the Java standard.

Perens watched the SCO case very closely and whether one recalls it or not, a few years ago Jonathan Schwartz wrote publicly in his blog that Sun had been invited to sue a competitor, pretty much like SCO on the face of it. This may lead to all sorts of suspicions and theories about past and present. Sun did pay SCO at the end.

At a later stage Groklaw was made aware of the Apple connection, which was mentioned here before. Groklaw, which spends some time defending Apple for reasons we do not understand, quotes: “This unexpected move by Oracle sends a strong and threatening message to Google and the entire Android community—specifically that Oracle will use its intellectual property rights to get compensated for innovations around the exploding mobile marketplace. Oracle’s CEO Larry Ellison is inserting himself in the middle of an ever-evolving battle between Google CEO (and former Apple Director) Eric Schmidt, Apple CEO Steve Jobs, a long-time friend of Ellison’s.”

Pamela Jones writes: “Ah! Apple. HTC. Now the picture is getting clearer as to the why. So it will come down to facts of the case, and the stupid patent system.” For background about Apple vs HTC see our Wiki.

To say more about Apple and patents, the company “Wants Patent On Video Game-Based iBooks,” according to Slashdot:

theodp writes “Patently Apple reports that a new Apple patent application has surfaced describing an application that would record your personal journey through a video game and turn it into a custom comic or iBook when you’re done playing. Imagine how thrilled little Billy’s Mommy would have been if she only had the chance to read the story of her son’s foray into Grand Theft Auto: San Andreas or see how he dealt with BioShock’s Little Sisters.”

Also in the news:

Apple Patent Opens a New Frontier for Gaming–Documenting

Here Comes the iBike? Apple Files Patent for a Bicycle Accessory [Updated]

Apple Researching Methods to Turn iPhone Into Feature-Rich Bike Computer

Here comes the iBike? Apple files patent for a bicycle

Yes, you read that headline right. Apple has applied for a patent for a bicycle concept.

Apple’s love of software patents has already angered one Apple ‘partner’ (FutureTap), but Apple still denies the allegations which were made repeatedly .

There is no “PatentGate.” That’s the word from FutureTap, the company which The Reg reported last Friday was concerned about Apple’s lifting of the look-and-feel from its flagship app and including an illustration of it in a recently published patent application.

We have covered the FutureTap story in [1, 2, 3].

Apple’s hypePhone also allows people to look up patents (Apple would love this app):

I wrote last May about Apptorney IP, an app that facilitated patent and trademark searching on an iPhone by providing direct links to the appropriate sections of the U.S. Patent and Trademark Office website. Now comes an app that takes that to the next level, enabling more seamless searching of patents and trademarks.

Called Banner & Witcoff’s IP Lawyer, the free app from the IP firm Banner & Witcoff provides direct search access to patents and trademarks, as well as to corresponding assignments, without the necessity to connect through a web page.

The app lets you search for patents by keyword, patent number, assignee, inventor or classification, and by keywords or exact phrases. Once you find a patent, you can further search within its text or download a PDF (via Google Patents) of the actual patent images.

Apple is a major part of the problem with software patents. As we showed on Friday, it has a lot to gain from the lawsuit against Google.

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

What Else is New


  1. The EPO Is More Corrupt Under Battistelli Than Under Alison Brimelow: Part VIII

    After Brimelow, with all her flaws and her scandals, an even worse President is installed who then abolishes oversight and seemingly brings his old friends to the EPO, creating a sort of subculture that is impenetrable to outsiders



  2. Claiming That Microsoft 'Loves' Linux While Windows Update Bricks Devices With Linux

    The sheer absurdity of claims that Microsoft -- which not only attacks those who distribute Linux and GNU but also blackmails them, takes them to court, or bricks their products without any liability -- 'loves' Linux



  3. Protectionist Reign: Corporations in Complete Control of Everything With Domination Over Patent Law

    How multinational corporations, joined by the corporate press that they are funding, promote a corporations- but not people-friendly patent policy in north America



  4. Links 30/10/2014: GNOME 3.15.1, Red Hat Software Collections 1.2

    Links for the day



  5. Links 29/10/2014: Ubuntu Touch Tablet, Puppy Linux 6.0

    Links for the day



  6. Links 28/10/2014: SUSE Linux Enterprise 12, Canonical OpenStack Distro

    Links for the day



  7. Links 28/10/2014: PiFxOS, The Document Foundation in OSBA

    Links for the day



  8. Microsoft is Bricking Devices With Linux (Yet Again!), So a Microsoft Booster Spins/Paints Linux Devices as 'Fakes'

    Microsoft delivers rogue drivers through Windows Update and they brick Arduino microcontrollers



  9. How Bill Gates Continues to Pass Wealth From the Public to His Own Bank Account

    Having put a universal tax on many things (not just computers) and evaded tax using the classic 'charity' trick, Gates is now buying the media, the schools, politicians etc. and earns as much as 10 billion dollars per year while the public is taught that Gates is a giver, not a hoarder of the worst kind



  10. Links 27/10/2014: Lenovo Unbundling, Linux 3.18 RC2

    Links for the day



  11. IRC Proceedings: September 14th, 2014 – October 25th, 2014

    Many IRC logs



  12. Links 25/10/2014: KDE Mockups, Update on GNOME Outreach Program for Women

    Links for the day



  13. After Infecting Unity -- Successfully -- Microsoft's Partner Xamarin Wants to Infect Unreal Engine With .NET

    Xamarin continues to spread dependence on Microsoft to more gaming frameworks, not just platforms such as GNU/Linux, Android, and even permanent-state devices



  14. Taking Microsoft Windows Off the Grid for Damage to Businesses, the Internet, and Banking Systems

    Microsoft's insecure-by-design software is causing massive damages ([cref 27802 possibly trillions] of [cref 13992 dollars in damages to date]) and yet the corporate press does not ask the right questions, let alone suggest a ban on Microsoft software



  15. City of Berlin Does Not Abandon Free Software, It's Only Tax Authorities

    A Softpedia report that says the City of Berlin is moving to Microsoft Office is flawed and may be based on a poor translation



  16. Nadella a Liar in Chief at Microsoft, Pretending That His Anti-Competitive Practices Are Unfortunately Imposed on Microsoft

    The nastiness of Microsoft knows no bounds as even its assault on GNU/Linux and dirty tricks against Free software adoption are characterised as the fault of 'pirates'



  17. Reuters Writes About the Demise of Software Patents, But Focuses on 'Trolls' and Quotes Lawyers

    How the corporate media chooses to cover the invalidity of many software patents and the effect of that



  18. Links 24/10/2014: Microsoft Tax Axed in Italy, Google's Linux (ChromeOS/Android) Leader Promoted

    Links for the day



  19. Links 24/10/2014: GNU/Linux History, Fedora Delay

    Links for the day



  20. Links 23/10/2014: New *buntu, Benchmarks

    Links for the day



  21. Links 22/10/2014: Chromebooks Surge, NSA Android Endorsement

    Links for the day



  22. Links 21/10/2014: Debian Fork Debate, New GNU IceCat

    Links for the day



  23. Criminal Microsoft is Censoring the Web and Breaks Laws to Do So; the Web Should Censor (Remove) Microsoft

    Microsoft is still breaking the Internet using completely bogus takedown requests (an abuse of DMCA) and why Microsoft Windows, which contains weaponised back doors (shared with the NSA), should be banned from the Internet, not just from the Web



  24. Microsoft 'Loving' GNU/Linux and Other Corporate Media Fiction

    Microsoft has bullied or cleverly bribed enough technology-centric media sites to have them characterise Microsoft as a friend of Free/Open Source software (FOSS) that also "loves Linux"



  25. India May be Taking Bill Gates to Court for Misusing His So-called 'Charity' to Conduct Clinical Trials Without Consent on Behalf of Companies He Invests in

    Bill Gates may finally be pulled into the courtroom again, having been identified for large-scale abuses that he commits in the name of profit (not "charity")



  26. The Problems With Legal Workarounds, Patent Scope, and Expansion of Patent Trolls to the East

    Patent trolls are in the news again and it's rather important, albeit for various different reasons, more relevant than the ones covered here in the past



  27. Links 20/10/2014: Cloudera and Red Hat, Debian 7.7, and Vivid Vervet

    Links for the day



  28. Links 20/10/2014: 10 Years Since First Ubuntu Release

    Links for the day



  29. How Patent Lawyers Analyze Alice v. CLS Bank

    Breaking down a patent lawyer's analysis of a Supreme Court's decision that seemingly invalidated hundreds of thousands of software patents



  30. Is It Google's Turn to Head the USPTO Corporation?

    The industry-led USPTO continues to be coordinated by some of its biggest clients, despite issues associated with conflicting interests


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