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

01.14.15

Working to End Oracle’s and CAFC’s Inane War on Interface Reuse

Posted in Courtroom, Google, Java, Oracle at 3:35 pm by Dr. Roy Schestowitz

Nontechnical people in black gowns and white wigs to decide on huge things

Wigs

Summary: The US Supreme Court may soon start dealing with a legal assault on Android and in the process hopefully end the notion of copyright on APIs

SOFTWARE bully Oracle, which pretty much put to rest all of Sun’s Free software except few successful items (e.g. MySQL and VirtualBox, but not OpenOffice) and now attacks Java’s integrity by preventing deviations using abuse/misuse of copyright law, is still at it. The Court of Appeals for the Federal Circuit (CAFC), one of the most ridiculous and insidious courts in the world (both corrupt and biased), let Oracle have its way against Android, essentially sending a warning shot not just to those inspired by Java but everyone who reuses names of/in interfaces. This is dangerous and it is heading for judgment by the highest court, SCOTUS.

“Just like software patents, here we have something that both Free software and proprietary software developers should be united against.”According to some articles about SCOTUS, such as this report from Steven J. Vaughan-Nichols, the case that can affect so many programmers is potentially to be decided by the same court that recently defanged a lot of software patents (much to the regrets of the USPTO). Vaughan-Nichols writes: “Google has had enough of its long-running legal battle with Oracle over whether application programming interfaces (API)s can be copyrighted. The search giant has asked the Supreme Court of the United States (SCOTUS) to bypass further battles in lower courts and address the API copyright issue once and for all. SCOTUS, in return, is soliciting the Obama administration for its view of the case before moving forward.”

Well, it is proceeding pretty much as expected. The British media put it like this:

The US Supreme Court hasn’t decided whether it will hear arguments in the long-running dispute between Google and Oracle over Java copyrights, and it has asked the Obama administration to weigh in before it makes up its mind.

An expert in legal matters of the Free software world recently [1] named this case one of the top 10 “FOSS legal developments of 2014″. It is probably one of the top “legal developments of 2014″ if not one of the top “technical legal developments of 2014″, especially when it comes to programming. The case affects not only FOSS. Just like software patents, here we have something that both Free software and proprietary software developers should be united against.

Related/contextual items from the news:

  1. Top 10 FOSS legal developments of 2014

    The litigation surrounding Android continued this year, with significant developments in the patent litigation between Apple Computer, Inc. (Apple) and Samsung Electronics, Inc. (Samsung) and the copyright litigation over the Java APIs between Oracle Corporation (Oracle) and Google, Inc. (Google). Apple and Samsung have agreed to end patent disputes in nine countries, but they will continue the litigation in the US. As I stated last year, the Rockstar Consortium was a wild card in this dispute. However, the Rockstar Consortium settled its litigation with Google this year and sold off its patents, so it will no longer be a risk to the Android ecosystem.

    The copyright litigation regarding the copyrightability of the Java APIs was brought back to life by the Court of Appeals for the Federal Circuit (CAFC) decision which overturned the District Court decision. The District Court had found that Google was not liable for copyright infringement for its admitted copying of the Java APIs: the court found that the Java APIs were either not copyrightable or their use by Google was protected by various defenses to copyright. The CAFC overturned both the decision and the analysis and remanded the case to the District Court for a review of the fair use defense raised by Google. Subsequently, Google filed an appeal to the Supreme Court. The impact of a finding that Google was liable for copyright infringement in this case would have a dramatic effect on Android and, depending on the reasoning, would have a ripple effect across the interpretation of the scope of the “copyleft” terms of the GPL family of licenses which use APIs.

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. Links 18/1/2019: Mesa 18.3.2, Rust 1.32.0

    Links for the day



  2. Links 17/1/2019: ZFS Debate Returns, AWS Pains Free Software

    Links for the day



  3. US Patent Lawyers Will Need to Change Profession or End up Becoming Abundantly Redundant, Unemployed

    In the age of Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) and 35 U.S.C. § 101 it’s too risky to sue with dodgy patents; moreover, the Federal Circuit‘s growing adoption of Alice means that no recent cases have given hope to patent maximalists and litigation frequency has fallen again (at double-digit rates)



  4. Links 16/1/2019: Deepin 15.9 Released and Mozilla Fenix

    Links for the day



  5. Brexit Has Failed, But So Has the Unitary Patent (UPC)

    Even though all signs indicate that the Unified Patent Court (UPC) will never become a reality spin is to be expected from Team UPC, still looking to profit from more litigation and expanded scope



  6. IBM, Which Will Soon be Buying Red Hat, is Promoting Software Patents in Europe

    Even days apart/within confirmation of IBM's takeover of Red Hat IBM makes it clear that it's very strongly in favour of software patents, not only in the US but also in Europe



  7. Team UPC on Dead UPC: Choosing Gowns for Corpses

    The campaign of lies, long waged by Team UPC in order to manipulate politicians and courts, hasn’t stopped even in 2019 (IAM threw in the towel, but some of Team UPC is still ‘embalming’ UPCA)



  8. Links 15/1/2019: MX Linux MX-18 Continuum Reviewed, Mageia 7 Artwork Voting

    Links for the day



  9. Council of Europe (CoE) Recognises There's No Justice at the EPO

    It’s now the Council of Europe‘s turn to speak out about the grave state of international organisations that exist in Europe but aren’t subjected to European law (which they routinely violate with impunity)



  10. Dominion Harbor -- Armed by Microsoft's Biggest Patent Troll -- Goes After the World's Biggest Android OEMs, Huawei and Samsung

    Dominion Harbor, the patent troll that gets bucketloads of patents from Intellectual Ventures (a patent troll strongly connected to Microsoft and Bill Gates), is still suing using shell entities



  11. Links 14/1/2019: Linux 5.0 RC2 and DXVK 0.95 Released

    Links for the day



  12. Only the Higher Courts -- Not Trump's 'Poster Child' -- Can Bring Back Software Patents

    Software patents are not making a "comeback" as some like to claim; in fact, the latest court cases and notably their outcomes suggest that nothing has changed



  13. “Uniloc is a Lawsuit Factory”

    Apple is a very secretive company, so it is hard to know what goes on with the patent troll Uniloc



  14. European Patent Office a Textbook Example of Lawless, Rogue Institutions

    The tyrannical nature of the EPO is still being demonstrated by the sad fate of Patrick Corcoran; technical judges at the EPO are feeling intimidated by nontechnical politicians and bankers



  15. No, Software Patents Are Not Poised to Make a Comeback Under New US Patent Office Rules

    Poor understanding of the difference between patent courts and patent offices is to blame for widely-spread misinformation from Ars Technica (part of Condé Nast)



  16. IP Kat Has Turned From EPO Critic (to the Point of Being Blocked by the EPO) to EPO Whitewasher That Gags EPO Whistleblowers

    The EPO tried to forcibly gag (block) IP Kat like it blocks Techrights (since 2014); failing that, the EPO got the blog to just act as a whitewashing operation for Team Campinos (more or less the same as Team Battistelli)



  17. Linspire 'Reborn' is Still Working for Microsoft and Facilitating Surveillance on GNU/Linux Users

    GNU/Linux spyware scandals may be back (and it's not about Canonical and Amazon but Linspire and Microsoft); Microsoft is meanwhile exposing innocent kids to pedophiles and it refuses to explain or defend this



  18. Links 12/1/2019: Wine 4.0 RC6, X-Plane 11.30, SuperTuxKart 0.10 Beta, LibreOffice 6.2 RC2

    Links for the day



  19. The EPO's Low Patent Quality Can Kill the European Software Industry and Kill People Too

    The patents granted by the EPO are often invalid as per courts' decisions, which means that fake/illegitimate European Patents saturate the market and discourage development (e.g. of software and life-saving drugs)



  20. The Fiction That Spain (or Italy) Can Salvage the UPC

    The proponents/lobbyists of the Unified Patent Court (UPC), firms that make money from patent litigation (we collectively call these "Team UPC"), are nowadays backpedaling, having come to grips with the death of the UPC, realising it's time to save face by pretending everything they said in the past wasn't a lie



  21. Links 11/1/2019: IBM-Red Hat Obstacle Cleared, Toyota Chooses Linux

    Links for the day



  22. EPO President “Campinos is Wasting His Credibility With “Sweet” Communiqués Full of Hot Air and Storytelling”

    EPO insiders insist if not demand that all those responsible for the corruption and the abuses be removed; Campinos has done the opposite by promoting those who caused harm and turning his overseer into his subordinate



  23. The Emptiness of the Linux Foundation's Commitment to Linux and Its True Openness... to Corporate Cash (in Exchange for Influence)

    Like Pence and Moreno, who exchange a political refugee for loans, the Linux Foundation abandons its commitment to GNU/Linux in exchange for maximisation of financial contributions



  24. Links 10/1/2019: Linux 4.20.1, GNOME 3.31.4 Released

    Links for the day



  25. Links 9/1/2019: Qubes OS 4.0.1, Bash 5.0

    Links for the day



  26. European Patent Office Saga in 2019: “95% of the People Responsible for the Misery Are Still in Place and Have Not Even Been Rebuked”

    No signs of reformation at Europe's second-largest institution, which still suffers from justice deficit and blatant corruption



  27. Links 8/1/2019: Godot 3.1 Reaches Beta, Tidelift Gets Money

    Links for the day



  28. EPO Corruption is Helping Patent Maximalists in the United States

    The law firms that promote abstract patents in the United States (in the face of growing opposition from courts) adopt the EPO as a sort of 'poster child' because quality of European Patents keeps decreasing and lawlessness is increasing



  29. Links 7/1/2019: Linux 5.0 RC1

    Links for the day



  30. Words to Avoid: Cloud, Serverless, Microservices and More

    The marketing industry is hijacking press coverage and journalism has turned into a laughable mash-up of buzzwords; technical people ought to push back


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