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>>These registrations appear to relate to versions of certain Sun Java materials that were released as open-sourced software in 2006 and 2007. I'm not a lawyer
by pseudonym 16y ago
>>These registrations appear to relate to versions of certain Sun Java materials that were released as open-sourced software in 2006 and 2007.
I'm not a lawyer (and even Groklaw goes over my head most of the time), but it seems like this is the crux. If the lawsuit is based entirely around items that are open-sourced, then there's no lawsuit. But there's no real way to tell, since Oracle hasn't specified what exactly is being infringed.
And from a comment below:
>>Oracle wanted Java more open when it worked better for them, now it doesn't. They are allowed to change their minds, aren't they?
Yes, Oracle is perfectly welcome to change it's mind and say "We don't want this open source anymore." However, they can't (I believe) un-open-source things that have already been released. They can remove the license, take down the Java.com downloads, and continue developing Java under a proprietary license, but the whole point of OS is that the community could take their last OS release and fork it themselves.
This also means that a company can't open-source software or development tools, wait until they're implemented in various systems, then turn around and "un-open-source" them and sue for infringement.
- recoiledsnake 16y agoIt's not about un-open sourcing anything. Apache, Oracle _wanted_ Sun to open source the Java testing kit etc. but Sun never did and placed restrictions on usage on mobiles. So Google is claiming that Oracle is acting hypocritically depending on which side of the aisle it is, but that does not carry any legal weight. The registrations you talk about in the beginning are to do with copyright claims and have nothing to do with the patent claims.
- inklesspen 16y agoActually, that does carry legal weight. It's called the doctrine of unclean hands; those who wish equitable relief must themselves act equitably. Acting hypocritically in this case may fall under that doctrine.
- Andrew_Quentin 16y agoPatents are a creation of equity? Would have never thought!
- pyre 16y agoGoogle is using a clean-room re-implementation of the JRE, not a fork of the JRE so calling 'OpenSource' doesn't really apply here. Oracle wouldn't have a leg to stand on (iirc) if Google had just forked the JRE.