Disputed parts
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| Author | Content |
|---|---|
| kingttx Aug 17, 2010 12:17 PM EDT |
My first reaction was thinking, "I thought Sun released Java under the GPL!" Then, I see they released a "majority" of it. I'm guessing Google was dinking around with the non-Free parts, then. I'm really curious to see what bits the claim comes from. |
| gus3 Aug 17, 2010 12:29 PM EDT |
Not really. It's a matter of circumvention, patent grants, and license requirements. Take a look at these, in order: http://www.groklaw.net/article.php?story=20100813112425821 http://www.groklaw.net/article.php?story=20100815110101756 |
| JaseP Aug 17, 2010 1:49 PM EDT |
Patents aren't like copyright. Circumvension with a patented thing means doing things a completely different way, pretty much... |
| DarrenR114 Aug 17, 2010 2:54 PM EDT |
Circumvention of a Patent means doing something different than what is claimed in the Patent.
Meaning, if a patent specifies that something requires 'X', and you use 'Y', chances are good that you're outside the patent (watch out for "ideal embodiment" though). Whereas, with "non-literal elements" covered by copyright, if someone uses XYZ and you use XyZ, there's still a good chance that you've still infringed on the copyright, especially if y produces the same results as Y. |
| gus3 Aug 17, 2010 3:07 PM EDT |
Darren: Is "ideal embodiment" a term of art? How does it compare/contrast with the "reference implementation" in a patent application? |
| DarrenR114 Aug 17, 2010 3:38 PM EDT |
dupe deleted by me. |
| DarrenR114 Aug 17, 2010 3:43 PM EDT |
"ideal embodiment" is the term that a patent attorney had me use when writing up a patent on a particular approach to speech recognition. It allows a certain amount of "wiggle room" so that a competitor can't make a minor cosmetic change to circumvent a patent. See this patent for another example: http://www.docstoc.com/docs/50367838/Hair-Curler---Patent-58... |
| kingttx Aug 17, 2010 4:01 PM EDT |
OK, got a pretty good explanation on this from http://www.betaversion.org/~stefano/linotype/news/110/ Since Google is not using Java ME to derive Dalvik (as much as I understand it), Oracle may have some trouble with this one. Going to be an interesting ride. |
| jezuch Aug 17, 2010 5:40 PM EDT |
Quoting:"I thought Sun released Java under the GPL!" Then, I see they released a "majority" of it. Yes, but that was several years ago an from what I know the OpenJDK project provides a complete JDK. At least I never tripped over missing stuff and never heard anyone complaining... so if there's anything missing, it's nothing useful ;) |
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