02.15.12

Gemini version available ♊︎

Claims of Imitation Backfire

Posted in Apple, Oracle at 2:33 pm by Dr. Roy Schestowitz

Fire

Summary: Slip of the tongue for Oracle and more aggression from Apple

THE ongoing research over at Groklaw[1, 2, 3] nets this finding that an “Oracle Engineer” says “Android Is Not Java ME!”

To quote: “Don’t bother searching for that comment on Wong’s blog – he has taken it down. But not before vigilant Groklaw volunteers were able to cache a copy of it.”

There is more at Mr. Pogson’s blog, which looks ahead at the consequences. Whether or not the Oracle lawsuit was started as a favour to Larry Ellison’s best friend is irrelevant from a legal standpoint. But perhaps we will see this lawsuit ending soon.

Apple itself keeps frantically pushing for the ban of more Android devices (because that is Apple’s long-term strategy):

Apple is seeking a US ban on Samsung’s Galaxy Nexus, the flagship phone for the newest iteration of Google’s Android smartphone OS, in the latest battle of the ongoing patent wars.

The fruity firm filed in California, saying that “a preliminary injunction regarding Samsung’s new Galaxy Nexus, which infringes multiple key Apple patents, is essential to prevent immediate and irreparable harm to Apple”.

“Absent preliminary relief, by the time Apple prevails in this case – and Samsung’s infringement is so clear there can be no serious dispute that Apple will prevail – Samsung will have rushed the Galaxy Nexus, which misappropriates many patented features from the iPhone, to capture market share from Apple that Samsung will be able to retain long into the future,” Apple claimed somewhat shrilly.

“Apple look more stupid, paranoid & arrogant by the day,” writes Alan Lord about this news. We urge readers to not buy anything from Apple. This company is a major foe of sane patent policy, Linux, GNU, and other Free software. It’s antithetical to civil society.

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4 Comments

  1. Michael said,

    February 15, 2012 at 3:22 pm

    Gravatar

    How dare Apple fight plagiarism.

    I do wonder how you got your degrees, Roy, if you do not consider plagiarism to be a bad thing. No, I am not blaming you of plagiarizing to get your degrees – but noting you have demonstrated you do not think it is a moral problem to do so and blame those who work against plagiarism of doing wrong.

    saulgoode Reply:

    …if you do not consider plagiarism to be a bad thing.

    Where did you get such an idea? No, I mean it; it is not a rhetorical question. Where did you get such an idea? Did you come up with the concept all by yourself? Or perhaps just maybe the idea was introduced to you at some point in your past — perhaps your parents or a grammar school teacher voiced something similar and you then assimilated the idea into your conscious?

    Are you not ashamed that you should plagiarize an idea that was not fully fleshed out upon your own cognition with no sway introduced from others who may have come before? Or if you feel that this idea was indeed contrived independent of others, should you still not be contrite in presenting it because most assuredly somebody else arrived at just such a conceptualize long, long before you — whether for good or ill, independently or mustered from those who came before him?

    Michael Reply:

    …if you do not consider plagiarism to be a bad thing.

    Where did you get such an idea?

    The whole basis of Roy’s arguments against Apple is that they are wrong to work against what, at the very least, they see as them being plagiarized.
    There is nothing else to his complaints about Apple. Nothing.
    Every single one of these lawsuits Apple has pushed against Samsung (and others) that Roy speaks about is about Apple wanting others to stop pluralizing. Now I can see where Roy might disagree with Apple: there is a fine line between being inspired by another company or device, which is fine, and openly plagiarizing from them. And, frankly, the law handles this poorly – the plagiarism is more about a general use or look-and-feel, so the specifics that get caught up on can be silly.
    So there is a large room for disagreement with Apple. Reasonable disagreement. But Roy has none of that. Roy has an emotional reaction of Apple being wrong merely because they do not want others to plagiarize their work.

    No, I mean it; it is not a rhetorical question. Where did you get such an idea? Did you come up with the concept all by yourself? Or perhaps just maybe the idea was introduced to you at some point in your past — perhaps your parents or a grammar school teacher voiced something similar and you then assimilated the idea into your conscious?

    I have no problem with the question… though your ideas of how such an idea would be "assimiliated" are a bit funny.

    Are you not ashamed that you should plagiarize an idea that was not fully fleshed out upon your own cognition with no sway introduced from others who may have come before? Or if you feel that this idea was indeed contrived independent of others, should you still not be contrite in presenting it because most assuredly somebody else arrived at just such a conceptualize long, long before you — whether for good or ill, independently or mustered from those who came before him?

    And here you go a bit into la-la land. Why would it be wrong of me to note Roy’s irrational comments and views?

    saulgoode Reply:

    I have no problem with the question…

    How about with answering it?

    Why would it be wrong of me to note Roy’s irrational comments and views?

    I should consider it “wrong” because it reflects an inconsistency in your logic and a solipsism in your sense of ethics.

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