Sorry for the late follow-up.

> The article is based on the assumption that if the Apache Harmony
> project passed the TCK and attained patient protection, then the
> Android project would automatically gain protection. An assumption
> which is clearly untrue. The majority of points describe the problems
> Apache has had obtaining a license for their Harmony project, and are
> not relevant to this case. To protect Android it would need to be
> Android that passes the test, not Harmony. Android will not pass the
> TCK.

I agree.


>
>>      * 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.
>
> This second point is blatantly incorrect as the GPL v2 IS a copyright
> license and includes an implicit patent grant. Moreover, it implies
> that any project or fork based on the OpenJDK is not protected from
> such litigation, when it would be.

I've done a bit of research but couldn't find a confirmation of what
you are saying here.
Can you elaborate on that idea?

What I understood is that GPLv2 does not include a patent grant /
license.
>From what I read, only passing the TCK would give you a patent license
from Oracle.
So even if Android was based on OpenJDK, they would still need to pass
the TCK to be protected from a patents case, but as you said, Android
would not pass it.

BoD

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