This *could* all go really well IANAL, but this scenario seems to be cropping up in a few forums.
Sun were contractually obliged to provide Apache a TCK licence under terms that are "non-discriminatory, fair and reasonable" ( http://www.jroller.com/scolebourne/entry/a_question_of_ip) Had Apache been licensed for the TCK, then Harmony could pass it and so be considered a licensed implementation, with all applicable IP rights Android, by using harmony, would then be using a "licensed" implementation, and the foundation would crumble from beneath Oracle's lawsuit. Apache are not-for-profit, and as such didn't have the financial or legal clout to press the issue of the JCK. Instead, they were limited to voting NO to all of Sun's JCP proposals by way of defiance. It's now becoming much clearer why they were making it into such a contentious issue... So could Google pull a flanking manoeuvre, and bankroll a lawsuit on behalf of Apache/Harmony? I certainly do hope so... It would be an elegant solution to the "problem", and would have knock-on benefits for us all. Opening the doors to alternate, compliant, implementations could breathe more vitality into the platform than anything Oracle is able to achieve alone. On 14 August 2010 08:21, Fabrizio Giudici <fabrizio.giud...@tidalwave.it>wrote: > > -----BEGIN PGP SIGNED MESSAGE----- > Hash: SHA1 > > On 8/14/10 01:01 , Reinier Zwitserloot wrote: > > > > fee it wanted, then it's extortion and will be thrown out. By not > > defending the patent for 5 years and having shown rather clearly > > that at least sun's tech staff was well aware of how android works > > internally, it would seem to me that making this case is trivial!). > > > I think that Oracle lawyers can easily assert that 1) enforcing a > patent is a matter of corporate politics and one management might be > not interested, a new management might change idea; 2) Sun was too > weak to risk the complaint, while now the thing has changed. In other > words, the fact that the management changed is enough for justify that > the complaint has been filed only now. > > For the rest, it's too early to understand what the target is. We've > put reasonable scenarios, I'm waiting for the next move. > > Ah, probably it's not secondary to recall that, in the meantime, Apple > has sued HTC (hence Google), and Microsoft sued Google too. Probably > we should think of those legal actions in the wide. > > - -- > Fabrizio Giudici - Java Architect, Project Manager > Tidalwave s.a.s. - "We make Java work. Everywhere." > java.net/blog/fabriziogiudici - www.tidalwave.it/people > fabrizio.giud...@tidalwave.it > -----BEGIN PGP SIGNATURE----- > Version: GnuPG/MacGPG2 v2.0.14 (Darwin) > Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org/ > > iEYEARECAAYFAkxmQ/kACgkQeDweFqgUGxeO3QCfUjmoNDQp5x7x5nM2MweoMm9M > u1UAoLGQywiY/SHfUShjs46tAYo1ZATj > =arIp > -----END PGP SIGNATURE----- > > -- > You received this message because you are subscribed to the Google Groups > "The Java Posse" group. > To post to this group, send email to javapo...@googlegroups.com. > To unsubscribe from this group, send email to > javaposse+unsubscr...@googlegroups.com<javaposse%2bunsubscr...@googlegroups.com> > . > For more options, visit this group at > http://groups.google.com/group/javaposse?hl=en. > > -- Kevin Wright mail/google talk: kev.lee.wri...@gmail.com wave: kev.lee.wri...@googlewave.com skype: kev.lee.wright twitter: @thecoda -- You received this message because you are subscribed to the Google Groups "The Java Posse" group. To post to this group, send email to javapo...@googlegroups.com. To unsubscribe from this group, send email to javaposse+unsubscr...@googlegroups.com. For more options, visit this group at http://groups.google.com/group/javaposse?hl=en.
