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. EPO Caricature: Battistelli's Wall

    Battistelli's solution to everything at the EPO is exclusion and barriers



  2. The 'New' Microsoft is Still Acting Like a Dangerous Cult in an Effort to Hijack and/or Undermine All Free/Open Source Software

    In an effort to combat any large deployment of non-Microsoft software, the company goes personal and attempts to overthrow even management that is not receptive to Microsoft's agenda



  3. PTAB Petitioned to Help Against Patent Troll InfoGation Corp., Which Goes After Linux/Android OEMs in China

    A new example of software patents against Free software, or trolls against companies that are distributing freedom-respecting software from a country where these patents are not even potent (they don't exist there)



  4. Links 20/2/2017: Linux 4.10, LineageOS Milestone

    Links for the day



  5. No, Doing Mathematical Operations on a Processor Does Not Make Algorithms Patent-Eligible

    Old and familiar tricks -- a method for tricking examiners into the idea that algorithms are actual machines -- are being peddled by Watchtroll again



  6. Paid-for UPC Proponent, IAM 'Magazine', Debunked on UPC Again

    The impact of the corrupted (by EPO money) media goes further than one might expect and even 'borrows' out-of-date news in order to promote the UPC



  7. Lack of Justice in and Around the EPO Drawing Scrutiny

    The status of the EPO as an entity above the law (in Germany, the Netherlands, Switzerland and so on) is becoming the subject of press reports and staff is leaving in large numbers



  8. Links 19/2/2017: GParted 0.28.1, LibreOffice Donations Record

    Links for the day



  9. The EPO is Becoming an Embarrassment to Europe and a Growing Threat to the European Union

    The increasingly pathetic moves by Battistelli and the ever-declining image/status of the EPO (only 0% of polled stakeholders approve Battistelli's management) is causing damage to the reputation of the European Union, even if the EPO is not a European Union organ but an international one



  10. Patent Misconceptions Promoted by the Patent Meta-Industry

    Cherry-picking one's way into the perception of patent eligibility for software and the misguided belief that without patents there will be no innovation



  11. As the United States Shuts Its Door on Low-Quality Patents the Patent Trolls Move to Asia

    Disintegration of Intellectual Ventures (further shrinkage after losing software patents at CAFC), China's massive patent bubble, and Singapore's implicit invitation/facilitation of patent trolls (bubble economy)



  12. Links 17/2/2017: Wine 2.2, New Ubuntu LTS

    Links for the day



  13. Bad Advice From Mintz Levin and Bejin Bieneman PLC Would Have People Believe That Software Patents Are Still Worth Pursuing

    The latest examples of misleading articles which, in spite of the avalanche of software patents in the United States, continue to promote these



  14. Patents Are Not Property, They Are a Monopoly, and They Are Not Owned But Temporarily Granted

    Patent maximalism and distortion of concepts associated with patents tackled again, for terminology is being hijacked by those who turned patents into their "milking cows"



  15. SoftBank Group, New Owner of ARM, Could Potentially Become (in Part) a Patent Troll or an Aggressor Like Qualcomm

    SoftBank grabbed headlines (in the West at least) when it bought ARM, but will it soon grab headlines for going after practicing companies using a bunch of patents that it got from Inventergy, ARM, and beyond?



  16. Technicolor, Having Turned Into a Patent Troll, Attacks Android/Tizen/Linux With Patents in Europe

    Technicolor, which a lot of the media portrayed as a patent troll in previous years (especially after it had sued Apple, HTC and Samsung), is now taking action against Samsung in Europe (Paris, Dusseldorf and Mannheim)



  17. Michelle Lee is Still “in Charge” of the US Patent System

    Contrary to a malicious whispering campaign against Lee (a coup attempt, courtesy of patent maximalists who make a living from mass litigation), she is still in charge of the USPTO



  18. Our Assessment: EPO Wants a Lot of Low-Quality Patents and Low-Paid Staff With UPC (Prosecution Galore)

    The European Patent Office seems to be less interested in examination and more interested in facilitating overzealous prosecution all across Europe and beyond; The Administrative Council has shown no signs that it is interested in profound changes, except those proposed by Battistelli in the face of growing resistance from staff and from ordinary stakeholders



  19. Links 16/2/2017: HITMAN for GNU/Linux, Go 1.8

    Links for the day



  20. Yet More Complaints About the European Patent Office in the Bavarian Regional Government

    Some German politicians do care about the welfare of EPO staff, a lot more so than the EPO's management that is actively crushing this staff



  21. EPO Staff Representatives to Escalate Complaint About Severe Injustices to the EPO's Secretive Board 28

    In a new letter to President Benoît Battistelli it is made abundantly apparent -- however politely -- that Battistelli's gross abuses could further complicate things for Battistelli, who is already embroiled in a fight with his predecessor, Roland Grossenbacher



  22. New Survey Reveals That High Patent Quality, or Elimination of Bad Patents, is Desirable to Patent Holders

    A new survey from Bloomberg BNA and AIPLA reveals that the Patent Trial and Appeal Board (PTAB), which still grows in prominence, is supported by people who have themselves gotten patents (not those who are in the bureaucracy of patents and self-serving politics)



  23. Open Patent Office is Not the Solution; Ending Software Patents is the Solution

    Our remarks about the goals and methods of the newly-established Open Patent Office and what is instead needed in order to combat the menace that threatens software development



  24. New Scholarly Paper Says “UK’s Withdrawal From the EU Could Mean That the Entire (Unitary Patent) System Will Not Go Into Effect”

    A paper from academics -- not from the patent microcosm (for a change) -- provides a more sobering interpretation, suggesting quite rightly that the UPC can't happen in the UK (or in Europe), or simply not endure if some front groups such as CIPA somehow managed to bamboozle politicians into it (ratification in haste, before the facts are known)



  25. Patent Trolls Update: Rodney Gilstrap Maintains His Support for Trolls, MPEG-LA Goes Hunting in China, and Blackberry Hits Nokia

    A roundup of the latest news about patent trolls and what they are up to in the United States, Europe, and Asia



  26. Guest Post: EPO, an Idyllic Place to Work

    The true face of the EPO as explained by an insider, recalling the history that led to the negative image and toxic work atmosphere



  27. Links 15/2/2017: Linux 4.9.10 and Linux 4.4.49

    Links for the day



  28. Claude Rouiller (ILOAT) and ILO Rulings Effectively Disregarded by the European Patent Office

    The compositions of kangaroo courts at the EPO continue to be absurd, in spite of a ruling from the International Labour Organisation (ILO), which insisted that change must be made following a lot of mistrials



  29. National Law Journal Believes That Gorsuch as Supreme Court Justice Would be Opponent of Patent Reform

    Whispering campaign surrounds Neil Gorsuch's alleged or perceived views on patents, and in particular the America Invents Act (AIA) which brought the Patent Trial and Appeal Board (PTAB), a serial invalidator of software patents, owing to Alice (a Supreme Court decision)



  30. Center for Intellectual Property Understanding (CIPU) is a Lobby Group for Software Patents and Patent Maximalism

    An introduction to what the Center for Intellectual Property Understanding really is, what it is for, and who is behind it


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