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Google Beats Oracle Patent Claim
Message
De
23/05/2012 22:38:36
John Ryan
Captain-Cooker Appreciation Society
Taumata Whakatangi ..., Nouvelle Zélande
 
 
À
23/05/2012 16:57:40
Information générale
Forum:
Politics
Catégorie:
Autre
Divers
Thread ID:
01544196
Message ID:
01544236
Vues:
56
>>A huge slap in the face for the tech industry and consumers. Google will see this as an OK to continue their questionable business practices.

Even if Oracle had won the patent claims, maximum damages were $32M. The real $ was in the copyright. So it's not over: next week the judge is due to issue his finding on whether Java's APIs are copyrightable. If you care about consumer benefit, the Electronic Frontier Foundation says “Treating APIs as copyrightable would have a profound negative impact on interoperability, and, therefore, innovation... [an] example is the AOL instant messaging program, which used a proprietary API. AOL tried to prevent people from making alternative IM programs that could speak to AOL’s users. Despite that, others successfully built their own implementations of the API from the client’s side. If copyright had given AOL a weapon to prevent interoperability by its competitors, the outcome for the public would have been unfortunate.”

If the judge decides APIs are not copyrightable, which is the expectation, then there were at most NINE lines of copyrighted code in the tens of millions of other lines of Android. The judge has already commented on this, saying that he'd learned enough about programming during the trial to believe that anybody could write those 9 particular lines of code. He told Oracle's lawyer “The idea that somebody copied that in order to get to market faster when it would be just as fast to write it - it was an accident that it got in there. You’re one of the best lawyers in America. How could you even make that argument?”

Seems to me that Oracle definitely comes out of this under a cloud, not Google. Of course the really disappointed parties would be those who hoped Android would take a tumble to allow other vendors to get a foothold in the mobile space. FWIW, I have some sympathy for that viewpoint: I'd much prefer to see a viable third option in the Android/iOS dominated mobile space.
"... They ne'er cared for us
yet: suffer us to famish, and their store-houses
crammed with grain; make edicts for usury, to
support usurers; repeal daily any wholesome act
established against the rich, and provide more
piercing statutes daily, to chain up and restrain
the poor. If the wars eat us not up, they will; and
there's all the love they bear us.
"
-- Shakespeare: Coriolanus, Act 1, scene 1
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