Interesting thoughts.  This article kind of touches on it (as does the
link through to Carlo Daffara's blog).

http://arstechnica.com/open-source/news/2010/08/oracles-java-lawsuit-undermines-its-open-source-credibility.ars

IANAL but I think the question (yet to be answered / tested in court
perhaps?) is whether releasing under GPLv2 actually infers you are
giving up your patent rights.

I think Sun thought that GPLv2 doesn't specifically infer this,
because of this part:

"Sun also provided royalty-free patent grants for the specific
intellectual property that is needed to develop a clean-room
implementation of the specification. This grant covers only complete
and fully compliant implementations, not implementations that provide
a subset or superset of the Java environment."

Of course I'm reading this all "nth" hand but it appears based on this
that Sun actually used patents for some leverage also.  I am
definitely not wanting to defend Oracle, but let's be honest here -
Sun were trying to use patents as a "deterrent" even if they never
entered into any suits, were they not?

I think basically I am the same as everyone else.  I want to get paid
for my work, but I want everyone else to give me their work for
nothing. :-)


On Aug 19, 1:02 am, Fabrizio Giudici <fabrizio.giud...@tidalwave.it>
wrote:
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
>
> I have posted the following question 
> tohttp://blog.headius.com/2010/08/my-thoughts-on-oracle-v-google.html,
> but it has been lost someway. There were other considerations too, but
> I'll focus on a single point.
>
> In the end, all the fears around are about the OpenJDK not being safe
> enough from patents, because it's GPLv2 and allegedly it only provides
> partial protection from patents.
>
> Ok, my question: Linux is GPLv2. Torvalds explicitly refused GPLv3,
> which increases the patent protection. So, we should infer two things:
>
> 1) The Linux community is naive about the harm that patents can do to
> GPLv2 projects, Linux included.
> 2) Linux itself is not open enough and risks to be harassed by
> patents, as the OpenJDK. BTW, the Android core is Linux again and
> GPLv2, so it's at stake too.
>
> There's something that doesn't convince me in this reasoning, but my
> two statements above seems to be a logical consequential of the
> assumption that GPLv2 is weak. Thoughts?
>
> - --
> 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
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> KkMAn1NT9jRM/bQ7B+mIaX6kxy/CDg04
> =2w+f
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