3 ms·

Sun provided a patent license to OpenJDK/Harmony. That's important. Whether or not any code was used affects copyright violations, not patent issues. Copy some

by cletus 16y ago

Sun provided a patent license to OpenJDK/Harmony. That's important. Whether or not any code was used affects copyright violations, not patent issues. Copy someone's code and you violate copyright. Two people can independently come up with the exact same algorithm, one of them patents it and the other is in violation. That's just how crazy the patent system is. Sun's license to OpenJDK was contingent on that JDK not being modified. Oracle's argument is that Google has violated that license so is outside the royalty-free patent license for the OpenJDK, which I hate to admit, is actually a reasonable argument. That'll be enough to get a trial if Oracle wants one. When I first heard about the lawsuit I considered it an incompetent shakedown to justify the purchase price for Sun. I say "incompetent" because they picked the wrong target thinking Google of all companies would simply roll over and cut Oracle into the Android action. I hate to admit that because I think Oracle's actions are shortsighted and, well, moronic as Google has done more to further the Java platform than anyone (including Sun) and I'm opposed to software patents anyway.

bad_user 16y ago
The patent grant doesn't extend to Harmony because it hasn't passed the TCK (because it contains a fields of use restriction). You also can't violate a license, if you haven't agreed to one in the first place. This is also important! Violating a license is different than unknowingly infringing on a patent.
- cletus 16y ago
  > You also can't violate a license, if you haven't agreed to one in the first place. Perhaps I chose a misleading word by saying "violating" as it implies only the problems for license holders. The nature of patents however is that if someone has a patent affecting your software you are potentially in violation if you either don't have a license or you do have a license and are in violation of it (which tends to devolve into a contractual dispute).

by cletus 16y ago

bad_user 16y ago

The patent grant doesn't extend to Harmony because it hasn't passed the TCK (because it contains a fields of use restriction). You also can't violate a license, if you haven't agreed to one in the first place. This is also important! Violating a license is different than unknowingly infringing on a patent.

cletus 16y ago
> You also can't violate a license, if you haven't agreed to one in the first place. Perhaps I chose a misleading word by saying "violating" as it implies only the problems for license holders. The nature of patents however is that if someone has a patent affecting your software you are potentially in violation if you either don't have a license or you do have a license and are in violation of it (which tends to devolve into a contractual dispute).