Bonum Certa Men Certa

New Copyright FUD Against Java/Linux (Android)

FUD



Summary: The mobbyists (mob-like lobbyists) are shedding uncertainty and doubt over Android using new talking points that ought to be ignored

Dana Blankenhorn is once again quoting the mobbyist, Florian Müller, who is looking to exploit lazy journalists who do no double-check the facts or apply critical analysis. Just because someone claims something does not necessarily make it true. "Oracle could not only claim copyright over the mySQL database," writes Blankenhorn, "but over the interfaces that connect it to other programs, and the names of the routines within the program."



No, this is not true. This is more spare-able nonsense from the mobbyist, who would rather confuse the danger of patents blocking APIs with copyrights. The switch-and-bait with copyrights and patents is deliberate and it has helped draw in some more people who fail to see that Müller is merely a lobbyist (as covered in last night's TechBytes show, it's his business model) and they parrot what he tells them. To whit:

If Google's motion for summary judgment were granted, it would blow a pretty big hole in Oracle's case. If APIs were found to be non-copyrighted, then Oracle could hardly claim Google caused a problem by using the Java APIs.

But Oracle's response to the August 1 motion is to challenge the entire premise of API copyrights (or lack thereof). In a motion filed over the weekend, Oracle's motion of opposition argues that APIs do indeed fall under copyright.

If Oracle's motion is upheld, then this would have enormous consequences for the software industry in the US, which--like other nations--has traditionally held that APIs are not enforceable by copyright.

To examine the impact, here's the beginner's guide to APIs. APIs are the aspect of a computer program that enable programmers to "plug in" to that program. They are what enable applications to communicate with each other. Historically, APIs have been regarded as not falling under copyright--the reasoning being that APIs are not creative implementations but rather statements of fact. "To access library A, use this command."


Right. So why give the FUD any credibility at all?

For those who are looking for news which has not been distorted by Microsoft's cartel and its lobbyists, go to Groklaw which currently tells us of "Potentially Important Victories for Google" in this case. From the latest post of Professor Webbink:



In a flurry of filing activity in the Oracle v. Google case this past week, a couple of rulings by the court stand out. First, Google has won the right 325 [PDF] to file a motion for summary judgment on the Oracle affirmative defense of "assignor estoppel." Second, Google has won the right 328 [PDF] to file a motion for summary judgment on the issue of infringement outside the U.S. under 35 U.S.C. ۤ 271(f). This last one is really important for reasons we will explain.

Most of the rest of the filing and entry activity (there were 40 separate filings or entries from Tuesday through Friday) related to the on-going discovery disputes, including the dispute over the Lindholm emails. In regard to the Lindholm emails, in the latest round Google argues that the declaration filed by Fred Norton in support of Oracle's position was improper because it was not limited to factual information, as directed by the court, but included legal arguments. Oracle says that is not true. So much of this argument has now digressed into "he said; she said". We are inclined to wait for the court to rule before spending more time analyzing this particular dispute.


The situation for Android is not as grim as Microsoft and its minions wish manufacturers to believe. It's just a reality distortion field. Android keeps expanding despite the FUD.

Recent Techrights' Posts

Advertisers and Their Covert Impact on Publications' Output (or Writers' Topics of Choice, as Assigned or Approved by Editors)
It cannot be trivially denied that sponsorship in the form of "advertising" impacts where publishers go (or don't go, won't go)
Terrible Year for Microsoft Windows in Cyprus
down from 86% to 72% since January
 
Links 24/12/2024: Labour Strikes and TikTok Scrambling to Prop Up Radical Politicians That Would Protect TikTok
Links for the day
Where the Population is Controlled by Skinnerboxes Inside People's Pockets (or Purses)
A very small fraction of mobile users practise or exercise freedom/control over the skinnerbox
[Meme] Coin-Operated Publishers (Gaming the Message, Buying the Narrative)
Advertise (sponsor) to 'play'
[Meme] How to Kill Unions (Staff on Shoestring Budget Cannot Afford Lawyers)
What next for the EPO? "Gig economy"?
The EPO's Staff Union (SUEPO) Takes Legal Action to Rectify the Decrease in Wages (Lessening of Purchasing Power)
here is what the union published
Gemini Links 24/12/2024: Deedum Gemini Client Gets Colour Support, Advent of Code 2024
Links for the day
Microsoft Windows Slides to New Lows in Colombia
Now Windows is at an all-time low
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 23, 2024
IRC logs for Monday, December 23, 2024
A Strong and Positive Closing for the Year's Last Week
In a lot of ways this year was a good one for Free software
Feels Too Warm for Christmas
Christmas is here, no snow in sight
Links 23/12/2024: 'Negative Time' and US Arms Taiwan Again
Links for the day
Links 23/12/2024: The Book of Uncommon Beings, Squirrels, and Slop Ruining Workplaces
Links for the day
Links 23/12/2024: North Korean Death Toll in Russia at ~1,100, Oligarch Who Illegally Migrated/Stayed (Musk) Shuts Down US Government
Links for the day
The World's 'Richest Country' Chooses GNU/Linux
This has gone on for quite some time
Richard Stallman on Love
Richard Stallman's personal website includes a section that lists three essays on the subject of love
Apple's LLM Slop Told Us Luigi Mangione Had Shot Himself, BetaNews Used LLMs to Talk About a Dead Linus Torvalds
They can blame it on some bot
Microsoft, Give Me LLM Slop About "Linux" and "Santa", I Need Some Fake Article...
BetaNews is basically an LLM slop site
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 22, 2024
IRC logs for Sunday, December 22, 2024
Technology: rights or responsibilities? - Part XI
By Dr. Andy Farnell
GNU/Linux and ChromeOS in Qatar Reach 4%, an All-Time High
Qatar has money to spend, but not much of it will be spent on Microsoft, or so one can hope
Links 22/12/2024: Election Rants and More Sites Available via Gemini
Links for the day
Links 22/12/2024: North Pole Moving and Debian's Joey Hess Goes Solar
Links for the day
This 'Article' About "Linux Malware" is a Fake Article, It's LLM Slop (Likely Spewed Out by Microsoft Chatbot)
They're drowning out the Web
Early Retirement Age: Linus Torvalds Turns 55 Next Week
Now he's almost eligible for retirement in certain European countries
Gemini Links 22/12/2024: Solstice and IDEs
Links for the day
BetaNews: Microsoft Slop is Your "Latest Technology News"
Paid-for garbage disguised as "journalism"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 21, 2024
IRC logs for Saturday, December 21, 2024