On Wed, 09 May 2012 10:30:19 +0200, Cédric Beust ♔ <[email protected]>
wrote:
On Wed, May 9, 2012 at 12:02 AM, Fabrizio Giudici <
[email protected]> wrote:
Not. They claimed they did a clean room implementation based on Apache
Harmony, but it turned out at least some files weren't a clean room
implementation.
From the findings so
far<http://www.groklaw.net/article.php?story=20120507122749740>
:
"Meanwhile, Oracle prevailed only on 9 lines of code that Google admitted
prior to trial to have included by mistake and then removed from current
Android. Oracle's own expert, the judge pointed out in court, valued
those
9 lines of code at zero. This is 9 lines out of millions."
Correct. My point is not related to the amount of money that Google should
or shouldn't pay, but to the rules that govern the bits and to the fact
that developers not replicating a JDK shouldn't really worry about the
thing.
Back to the 9 lines of code, I'm pretty curious because this coude be
an(other?) important precedent. The common word on GPL so far is that if
you put even a single line of GPL code in your stuff, everything you do
should be redistributed as GPL because of the virality. This is the main
argument that I hear from legal offices of corporates to justify internal
rules which caution against the use of GPL stuff in non open projects. I
seem to recall a possible precedent on this, maybe affecting the firmware
of a commercial network piece of equipment that used GPL code and for
which the manufacturer was put in trial, but I can't recall the whole
details. From an engineering point of view I do agree that 9 / (n * 1E6)
is neglibible, but laws aren't engineering.
As a third point, my personal opinion of the trial is that emails about
the value that Google engineering gave to Java, the fact that they tried
an agreement with Sun and then later decided to go on their own is more
relevant. Only the bona fide point is still to be understood. Of course,
I'm talking of my personal opinion, not the law evaluation.
--
Fabrizio Giudici - Java Architect, Project Manager
Tidalwave s.a.s. - "We make Java work. Everywhere."
[email protected]
http://tidalwave.it - http://fabriziogiudici.it
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