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[IAmLoco]

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It's been just over a month and a half since Oracle first sued Google for infringing various Java-related patents in Android, and the big G's just filed its official response to the lawsuit after calling it "baseless." For the most part, it's a pretty standard answer to a patent complaint: Google says Android doesn't infringe any of Oracle's patents, and even if it does, those patents are invalid and / or unenforceable for a variety of reasons anyway, so, you know, shove it. That's basically all Google -- or any patent defendant -- needs to say in the answer, and if that was it, we'd just note it and move on with our lives. But we were struck by the factual background section, which reads to us like Google's geared up for war: it basically accuses Sun and Oracle of not playing fair when it comes to Java's open-source license situation and directly implies that parts of Android are based on code that might require a patent license. It's a little wonky, but let's break it down:

• Google uses a subset of the Apache Harmony Java implementation in Android.
• Sun open-sourced Java Standard Edition under the GPL in 2006 and 2007, but didn't include a patent or copyright license with the code. In order to get that license, developers have to demonstrate compatibility with the Java specification.
• The only way to demonstrate compatibility with the Java specification is to use Sun's Technology Compatibility Kit, or TCK, and Sun / Oracle and Apache have been bickering about the license for the Java TCK, or JCK, for years. (That's putting it lightly, actually. It's been more like a war.)
• The only license Sun ever offered Apache for the JCK included significant "field of use" restrictions, including a restriction on mobile phones.
• Because of these restrictions, Apache's never taken a JCK license to test Harmony.
• Oracle used to be on Apache's side in demanding Sun loosen up the JCK licensing restrictions, but that changed as soon as it bought Sun out.
• Google thinks this is very bad, and that Oracle and Sun are just big bullies who don't want Java to be open, even though being open is super amazing.

That's where Google stops, right at the part where unchecked corporate greed threatens to destroy a open-source project and your heart swells with sympathy. It's a good place to stop! But the logical and unstated endpoint to this narrative isn't quite as good:

• Because Apache doesn't have a license to test Harmony with the JCK, it doesn't have a license for Sun's Java patents and copyrights either.
• Part of the reason Apache wants a JCK license is to assure its users they have the necessary IP rights.
• Google knew all this and used parts of Harmony in Android anyway.

Now, none of this matters if the court agrees with Google that Android doesn't infringe any of the seven patents in the suit or that they're invalid. But Google has to win all seven claims for that strategy to work -- losing even one of the claims opens the door to huge willful infringement damages since the Apache / Sun dispute has been so public. We'd also say this basically means Oracle will never grant Apache the JCK license it wants, since Google's put it at the center of the dispute. Yes, it's going to be messy while this gets sorted out, but when all's said and done we'd guess the state of Java on mobile will be very, very different -- and whether that's good or bad is very much up in the air.

http://www.engadget....it-we-break-it/

et j'ajoute ceci comme info

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The Apache Software Foundation sent a letter to Sun Microsystems CEO, Jonathan Schwartz, on April 10, 2007, regarding their inability to acquire an acceptable license for the Java SE 5 Technology Compatibility Kit (TCK), a test kit needed by the project to demonstrate compatibility with the Java SE 5 specification, as required by the Sun specification license for Java SE 5. What makes the license unacceptable for ASF is the fact that it imposes rights restrictions through limits on the "field of use" available to users of Harmony, not compliant with the Java Community Process rules

http://en.wikipedia..../Apache_Harmony

[IAmLoco]

As we all know, Google is neck-deep in bogus lawsuits with patent troll companies. One of those patent trolls is Oracle. The company has decided to go after Android with claims that the OS infringes on Oracle’s Java code.

Well, the funny thing is, Oracle did not own Java when Android was released in 2007. Instead, it belonged to Sun Microsystems, which was later acquired by Oracle in 2009. You might argue that Oracle bought Sun with the sole purpose of bullying companies like Google into paying for the use of Java, but that’s a topic for another day.

So if Sun was the owner of Java when Google announced Android, how did the company feel about those “thieves” at Google “stealing” Java for their own benefit. They were pretty happy about it, in fact. On a blog post in 2007, Sun CEO Jonathan Schwartz, praised Google for their use of Java and Linux on Android. Here’s an excerpt from that blog post:

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I just wanted to add my voice to the chorus of others from Sun in offering my heartfelt congratulations to Google on the announcement of their new Java/Linux phone platform, Android. Congratulations!
I'd also like Sun to be the first platform software company to commit to a complete developer environment around the platform, as we throw Sun's NetBeans developer platform for mobile devices behind the effort. We've obviously done a ton of work to support developers on all Java based platforms, and were pleased to add Google's Android to the list.

And needless to say, Google and the Open Handset Alliance just strapped another set of rockets to the community's momentum - and to the vision defining opportunity across our (and other) planets.

Today is an incredible day for the open source community, and a massive endorsement of two of the industry's most prolific free software communities, Java and Linux.
Jonathan SchwartzSUN CEO

Now, if that doesn’t like a full approval of Android’s use of Java, I don’t know what would. Sun was not only 100% behind Android, they were also the first one to build “a complete developer environment around the platform”. In its typical rodent manner, Oracle went ahead and deleted Schwartz’s blog post, which only resulted in even more damage to the company’s case against Google.

As with everything on the Internet, nothing is ever truly deleted. And it only took a couple of minutes for somebody to pull up a copy of the blog post from the Wayback Machine. Google is now using this endorsement from Schwartz as part of their defense, and the case’s judge condemned Oracle’s actions, saying: “The big companies do not own the U.S. District Court, When it comes to a public hearing I’m not going to resort to Morse code to figure out what you are saying This is not a wholly-owned subsidiary of Oracle. Nobody is going to put my word under seal even if I refer to your secret documents.” Ouch.

If Google can prove that Schwartz’s statement served as an approval of Android’s use of Java, they could easily win this case against Oracle thanks to something called estoppel. Which you can read more about here.

Hopefully, the judge will see through Oracle’s lies and deceits as we all do, and rule in favor of Google, Android and the open source community.
http://androidandme....se-the-evidence

la défence va avoir de la difficulté a se sortir de ca

[nka]

Ouf... ca risque d'etre dure effectivement!