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

11.15.10

Steve Jobs and Larry Ellison Get Even Closer After Attacking the Linux-based Android Using Patents, Google Becomes Software Patents Foe

Posted in Apple, Europe, Google, Java, Microsoft, Oracle, Patents at 2:00 pm by Dr. Roy Schestowitz

God is Google

Summary: Google starts arguing against patenting of software having had its flagship operating system attacked by the Oracle and Apple patent portfolios

THE PREVIOUS post was yet another discussion about the harms of patents, especially when they get used offensively. Oracle and Apple are both large companies, so patents (monopolies) work well for them. Java’s founder recently said that Steve Jobs is a liar (not exact quote). It happened right after Java was harmed by Apple which had indicated no real commitment to it. Now, let us bear in mind the relationship between Jobs and Ellison [1, 2, 3]. Why would Apple want to harm an Oracle product? Well, the answer turns out to be that it’s not so simple because “Apple Joins Oracle For Java Development” and this means “Android Trouble” (and thus good news for Apple’s hypePhone). As one insightful blogger put it:

Bad news for Google Android. Oracle and Apple have announced the OpenJDK project for Mac OS X.

Apple will contribute most of the key components, tools and technology required for a Java SE 7 implementation on Mac OS X, including a 32-bit and 64-bit HotSpot-based Java virtual machine, class libraries, a networking stack and the foundation for a new graphical client.

Oracle chief and Steve Jobs are close friends and Oracle recently sued Google over Java use in Android. Since then Oracle has intensified efforts to marginalise Google by taking IBM off the development of Harmony Project which Google’s Android relied on. Now, getting Apple involved with OpenJDK means added troubles for Google.

IBM was at one point accused by some for similar reasons (upon its recent announcement). We mostly cover Java news in our daily links, but this time we make the exception to also show the following aftermath:

Suffice to say, adding to this we have Microsoft MVPs like de Icaza and some other longtime .NET boosters like Tim Anderson flinging FUD at Java (we choose not to add links here, especially so as not to feed their FUD). Groklaw, on the other hand and despite smears from Microsoft mobbyists (again, we choose to exclude links or name names), helps show that Google’s tactless stance on patents may be changing now that it’s a common litigation target (even Google's free/libre software gets sued for patent violations, which can complicate distribution and redistribution). Not only Groklaw pointed this out in an analysis we cited over the weekend; patent boosters too are starting to feel rather baffled by Google’s 180:

Google Says Oracle’s Patents Are Invalid Abstract Ideas, But Why?

[...]

Granted, its fairly common to “throw in the kitchen sink” when raising claims and defenses, and time will only tell whether this Bilski defense is just posturing, or whether Google will use this case as a platform to campaign against issued patents (recall the Bilski decision itself deals with a patent application).

Jonas from the FFII enthusiastically asks, “Google ready to kill software patents?”

Google on Oracle vs Google:
“Each of the Patents-in-Suit is invalid under 35 U.S.C. § 101 because one or more claims are directed to abstract ideas or other non-statutory subject matter.”

CUDOS Google! Refusing software patents like this the right thing to do for innovation!

An article written by the brilliant Mark Ballard may therefore require some updating; Google is said to be involved in reforming UK copyright/patent law. How so? We shall see. Based on the above, Ballard may be off target this time around when he states in the beginning (alongside a famous image):

British coders have awoken with a fright after a two-year sleep of reason to find the software patent threat looming.

The bells have been ringing in Blissville ever since the Guardian reported that David Willetts, the science and universities minister, was reopening the software patent question with a review of UK intellectual property laws. And that Google was behind it.

The mail list of the UK chapter of the Foundation for a Free Information Infrastructure sprang into life on the news, and after displaying barely a hint of life for a year, and not much more than rapid eye movement for long before that.

The UK hasn’t looked so perky for two and a half years, having slept even through all the jitter in the US over the Supreme Court’s Bilski decision on business method patents.

Google’s priorities appear to have changed and all those lawsuits against Android have hopefully helped Google understand that it does not really need software patents. It’s the cost and complication (e.g. distribution and redistribution) which make it so. Java too gradually became Free software, so it’s time for its patents to go “poof!”

If one wants to really have patent trouble (with Microsoft even), there are some new instruction on how to install the Mono Trojan called Banshee:

Banshee team has announced the release of version 1.9.0, which is a development release. The new Banshee has a neat option called ‘Play After’, which inserts a track into the queue right after the track, album, or artist currently playing thus giving more control to the listener.

Mono is also required by an application which is being promoted in YouTube this month.

One must pay attention to the anti-Java FUD that comes from Mono boosters these days. Google on the other hand seems to be softening and hopefully it will decide to help abolish software patents altogether. The productive approach to take here is to give Google the benefit of the doubt because never before did Google use patents offensively (it did use them defensively). Google recently took a major shot at MPEG-LA — a move not quite foreseen by anyone (freeing videos from codec patents), so maybe there is genuine change brewing.

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. Maybe It's Time for Class Action Lawsuits Against Microsoft for Forced Vista 10 'Upgrades', Which Were Definitely No Accident

    The sheer arrogance of Microsoft, which silently changes the operating system on people's computers (without their consent), makes lawsuits imperative, not just a possibility



  2. Readers' Article: A Strange Conspiracy of Silence in the German Media (Part II)

    Željko Topić's allegedly dark background, which includes a suicide, a retreat of potential witnesses, German funds in Topić's private bank account and several more interesting bits



  3. Links 5/2/2016: Wine 1.9.3, Slackware 14.2 Beta 2

    Links for the day



  4. Links 4/2/2016: Red Hat Upgraded, Ubuntu Tablet

    Links for the day



  5. The Siege Continues: Patent Lawyers Want More Patents, Including Software Patents, In Spite of Alice

    Lawyers who make money from patent disputes make rather apparent their aspirations, which include patent saturation even in domains that are patents-exempt



  6. European Patent Office Pretends It's Business as Usual and Prepares New Vanity Pieces

    The PR strategy of the EPO, whose destructive patent strategy continues unabated (for now), latches onto Colombia and strives to manufacture mythology wherein the public, patent examiners and patent applicants are all very happy with the EPO



  7. The 'International' Trade Commission Imposes/Reinforces Software Patents to Establish Another Embargo

    The International [sic] Trade Commission is meddling in competition and allowing a US giant, Cisco in this case, to potentially block rivals (no imports from abroad) using software patents



  8. Readers' Article: A Strange Conspiracy of Silence in the German Media (Part I)

    The views of some of our readers regarding reluctance in the German media to challenge the EPO's violations of German law, probably because Germany benefits from being a host nation of the EPO



  9. Benoît Battistelli's EPO: From Show Trials and Mock Trials to a Self-Aggrandising Propaganda Event Later Today in Rijswijk

    A headsup from a reader regarding today's highly misleading event in Rijswijk (e.g. to mislead the media or seed positive media coverage in the Netherlands) and how it was set up



  10. Caricature of the Day: EPO President

    New caricature about Benoît Battistelli, his bodyguards, and the assault on free speech at the European Patent Office



  11. Company Known as European Patent Office Provides Tips on How to Patent Software in Europe

    The European Patent Office (EPO) uses its attendance at CeBIT, which is a corporate expo, to promote software patents in spite of the European Patent Convention (EPC)



  12. Links 3/2/2016: Dell GNU/Linux Laptop, Wine 1.8.1

    Links for the day



  13. The Most Detailed Explanation (Yet) of What's Wrong With the EPO

    The EPO's insistence that it remains above the law is not only coming under fire by the media but is also being challenged based on people who are familiar with the applicability of law to international organisations



  14. Angry Trolls: Rovi (of Angry Birds Fame) Helps Microsoft's Largest Anti-Linux Patent Troll, Intellectual Ventures (Corrected)

    nce known as a game maker and later made notorious for mass surveillance on gamers, Rovi now liaises with the world's largest patent troll



  15. Patent Invalidation Statistics and Cost of Patent Litigation (Even If Bogus) Show That Patent Scope and Examination Standards a Problem in Europe, Not Just the US

    Far too many bogus patents (patents that should not be granted in the first place) and spurious patent lawsuits that end up in favour of the defendant serve to show the external cost (or externality) when it comes to low-quality patent systems that strive to grant a lot of patents irrespective of merit



  16. Es Oficial: Por Medio de Entrismo, Microsoft Ha Convertido a la Pro-Linux Nokia en un Parásito de Patentes Anti-Linux

    Microsoft ha convertido a Nokia en un troll de patentes que ahora ataca a Linux y Android.



  17. Richard Stallman: Patentes Europeas de Software Regresan con la Corte Unitaria de Patentes (UPC)

    Debates acerca de la UPC estan siendo peleados por profesionales de software (entidades prácticantes) y elementos PARÁSITICOS como los abogados de patentes.



  18. SUEPO (EPO Staff Union) Appears to Have Launched a New and Improved Web Site After Attempts to Crush ('Decapitate') SUEPO

    SUEPO, the largest staff union of the European Patent Office, shows signs of strength rather than signs of weakness amidst attacks on the staff and a lot of media coverage, political interventions, and much more



  19. Links 2/2/2016: Chimpbox Quad Core, UNICEF Supports FOSS

    Links for the day



  20. Münchner Merkur Explains That EPO Staff is Defecting to SUEPO, Even The Council Distrusts Battistelli Now

    Press report from Munich, highlighting the crisis of leadership at the EPO, where the President is increasingly viewed as a villain



  21. Microsoft's Policies Alienate Even Microsoft's Biggest Fans, Including Pro-Microsoft Web Sites

    Microsoft's aggressive behaviour and low-quality products leave even some of its last remaining 'fans' disheartened and upset



  22. Slides of New Talk Which Explains the Connection Between the Unitary Patent (UPC) and Software Patents

    Benjamin Henrion's Sunday talk about European software patents -- a presentation which speaks of the Unitary Patent Court that the EPO lobbies for and what it means to software patents



  23. UEFI is Bricking PCs, Yet Again

    A few remarks about a new defect which is starting to attract media attention this morning, serving to highlight the lesser-discussed dangers of UEFI/EFI



  24. Under Battistelli's Regime the European Patent Office is Rapidly Rotting

    Technical problems, patent maximalism (in a desperate effort to artificially elevate patent-related figures) and other serious issues observed inside the European Patent Office (EPO)



  25. It's Official: By Means of Entryism, Microsoft Has Turned a Pro-Linux Nokia Into an Anti-Linux Patent Parasite

    Microsoft has made a sort of patent troll out of Nokia and Nokia now attacks Linux and Android



  26. Microsoft Infiltrates Politics and Can Engage in Election Fraud in Iowa Right Now

    It is apparently acceptable to put a convinced serial abuser in charge of the country, simply because it frames this as volunteering



  27. Links 1/2/2016: Linux 4.5 RC2, KDevelop 5.0 Beta 2

    Links for the day



  28. MEP Konstantina Kouneva (Former Trade Unionist) Again Takes Action Against the European Patent Office for Union-Busting Actions

    Bulgarian-Greek politician Konstantina Kouneva (or Kostadinka Kuneva) is getting actively involved in EPO affairs once again, in order to support and protect unionists like she once was (before entering politics)



  29. Political Complaints About European Patent Office Abuses Keep Flooding in After Firing of Staff Representatives (Busting of Unions)

    Complaints from the European Federation of Public Service Unions (EPSU) against the European Patent Office (EPO) and their letter to the European Commissioner for Employment, Social Affairs, Skills and Labour, Marianne Thyssen



  30. La Avara USPTO deja Ambiguedades, ¨Per Se¨, para el Patentamiendo de Software en los Estados Unidos A Pesar del Caso Alice

    La oficina de Patentes de los Estados Unidos, USPTO esta tratando de esquivar las decisiones de los que escriben las leyes en ese país, probablemente por codicia y no por motivaciones de control de cálidad.


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