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""[Google]'s Section 102(b) argument also suffers from a broader flaw." (this sentence transitions from the Administration's rejection of Google's suggestion th
by ChairmanZach 11y ago
""[Google]'s Section 102(b) argument also suffers from a broader flaw." (this sentence transitions from the Administration's rejection of Google's suggestion that declaring code is inherently more functional and less expressive than implementing code to the DoJ's agreement with Oracle's lawyers on the purpose of Section 102(b))"
That Google would be in the right by copying the declaring code of 27(!) different namespaces is nothing but crazy.
http://www.fosspatents.com/2015/05/us-dept-of-justice-finds-googles.html http://www.fosspatents.com/2015/05/us-dept-of-justice-finds-...
- mikecmpbll 11y agoThat FOSS Patents piece is the best commentary I've seen on the subject, thanks for bringing to my attention.
- ChairmanZach 11y agoFinding non-shill opinions on this whole issue is quite hard. Once you check the facts of the case it's really quite open-and-shut in Oracle's favor.
- cromwellian 11y agoSays the account that seems to have been specifically created to shill on this issue.
- simplifier 11y agoAh, Florian Mueller, a paid Oracle shill.
- mikecmpbll 11y agoI don't care how involved he is in the case, I read his writing and I found it to be illuminating -- far more so than anything else I'd read on the subject. You can happily take the opposing view simply because he is involved and is probably biased, but that will make your viewpoint almost entirely baseless.
- dragonwriter 11y agoMueller has a history of doing an excellent job working things that aren't actually reasonable to informed parties that seem illuminating to people that aren't informed. It's actually a fairly key skill for a professional propagandist. I haven't actually read the piece on question here, but appearing illuminating and actually being deceptive propaganda are not mutually exclusive traits.
- mikecmpbll 11y agoif that's the case, it's the job of the 'informed' guys to write similarly illuminating counter-arguments, because I've not found any yet.
- dragonwriter 11y agoThe illusion of illumination is greatly enhanced by having a strong guiding narrative, which is easy with propaganda, harder with reality.
- mikecmpbll 11y agoYou cannot cry propaganda without providing some evidence as to what is misleading or factually incorrect, because otherwise anyone can say anything is propaganda.
- simplifier 11y agoTechdirt's take: https://www.techdirt.com/articles/20150526/16550931121/obama-administration-files-totally-clueless-argument-concerning-software-copyrights-supreme-court-case.shtml https://www.techdirt.com/articles/20150526/16550931121/obama...
- Oletros 11y agoSo, reimplementing API's is crazy? Should Microsoft sue wine developers? Should Amazon sue anyone making a compatible EC2 API?
- ChairmanZach 11y agoThe .NET standard libraries are part of the CLI which is a part of ISO/IEC 23271:2012, a standard. I have no idea when it comes to the EC2 API. Should it be legal for me to copy all of the declaring code of my employers product and after writing my own implementation selling it as my own product/work under a different name?
- Oletros 11y ago> Should it be legal for me to copy all of the declaring code of my employers product and after writing my own implementation selling it as my own product/work under a different name? How do you think compatible API implementations have been done until now?
- ChairmanZach 11y agoIf they are done by copying someone elses work without permission then by copyright infringement. If done by implementing a standard or through a license etc. then no harm is done. Do you think that I should be allowed to steal the declaring code of someone elses proprietary solution and pawn of as my own?
- Oletros 11y agoSo yes, you're saying that Microsoft should sue Wine developers because they stole the API
- ChairmanZach 11y agoWhy should they? Microsoft has nothing to gain from doing so and reverse engineering interfaces or implementing them under fair use is already allowed. Wine is also something done explicitly to create compatability, Google made sure Android was not compatible with "regular" Java.
- andrewmu 11y agoFrom Florian Miller's bio on that page: "He is now developing a game app for smartphones and tablet computers." I wonder if that includes Android.