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.

>     * 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. A more accurate description might
read:

"Sun open-sourced the Java Standard Edition (OpenJDK) under the GPL in
2006 and 2007 providing copyright and patent protection to those who
make use of it. However, because Android is not based on the OpenJDK
it is not awarded this protection."

Overall, the article is spreading misinformation - muddying the waters
a little more.

--
Orien

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