Open Source doesn't protect at all against patents, that's why they have created the GPL v3 which include a patent grant license. Apache License might also include some kind of patent protection. Most open source licenses don't protect against patent lawsuits.
I've found an interesting article "Software Patent Lawsuits Against Open Source Developers" by Bruce Perens : http://technocrat.net/d/2006/6/30/5032/ Some patents have been invalidated, some have not. On 14 août, 16:01, Guillermo Schwarz <[email protected]> wrote: > On Sat, 2010-08-14 at 05:54 -0700, François Masurel wrote: > > > Google could always grab an open source version of Java, name it Gava or > > > whatever, and then rename the service gae/gava. > > > If the Oracle patents are valid, they will have to pay Oracle > > royalties even if they use an Open Source version of Java like Apache > > Harmony unless this Java implementation circumvent the Oracle patents, > > maybe Dalvik ? > > I'm not a lawyer, but I think patents only prevent commercialization of > a product, not using the invention or creating an open source product. > > Gae/J is a commercial service, but if you use an open source product in > order to provide that service, then those patents wouldn't apply. > > Then in court Oracle would argue that the patents apply to the closed > source part rather than the open source part, and Google would easily > show that it applies to the open source part or have a patent to protect > their invention. > > > > > It would be interesting to get the Apache Harmony guys point of view. > > It is open source => no problem. As you may already know, this has never > been tested in court, so who knows really. > > It it were tested in court and open source won over patents, then > nothing would have changed. For example the zip algorithm was patented, > and there were a lot of free implementations for it. Patents have a life > span of 25 years or so. The strategy Unisys (the holder of the patent) > used was to sue individual users of the patent, namely big websites that > had GIF encoded pictures. That triggered the creation of the PNG format. > > In case patents won over open source, it would be a very different > scenario, since most open source would have to be rewritten. There are > patents over basic technology on the Internet like sending files over a > communication link, or clicking on a link and downloading software, then > most of the Internet would have to be deconstructed and reimplemented > using workarounds. I think the Internet would be blacked out for a > number of years. There are so many commercial interests on the Internet > to continue operating that I see no opportunity for open source to loose > against patents. > > My 0.02 > > > > > > > > > On 14 août, 14:18, Guillermo Schwarz <[email protected]> > > wrote: > > > That's a very interesting question. > > > > First of all, I doubt Oracle would be interested in killing a cloud > > > technology based in Java if there are other corresponding technologies > > > doing the same (Python). It would kill half the market AND demonstrate > > > Java as inadequate for serious cloud computing. > > > > Supposing that Oracle had a competing technology that meant it would > > > make reasonable business sense to kill gae/j in order for developers to > > > switch to their technologies, then Google could always grab an open > > > source version of Java, name it Gava or whatever, and then rename the > > > service gae/gava. > > > > Cheers, > > > Guillermo. > > > > On Sat, 2010-08-14 at 02:52 -0700, François Masurel wrote: > > > > Will Google App Engine for Java be impacted ? > > > > > I guess that if the Oracle patents are validated, Google wont be able > > > > to use their "adapted" version of the JDK anymore because it will not > > > > pass the TCK tests which is required to get the GPL patent grant. > > > > > Does that mean the end of the Google App Engine for Java platform any > > > > time soon ? > > > > -- > > > Simplex Veri Sigillum > > -- > Simplex Veri Sigillum -- You received this message because you are subscribed to the Google Groups "Google App Engine for Java" group. To post to this group, send email to [email protected]. To unsubscribe from this group, send email to [email protected]. For more options, visit this group at http://groups.google.com/group/google-appengine-java?hl=en.
