> 
> But it does make it very difficult for FLOSS because
> every times you 
> develop something, it is most likely someone else has
> already filed the 
> patents, and you are at risks from being sued.
> 
> -Ghee


Google is trying to hide under the FOSS umbrella.  This is very deceiving.

Sun is offering Java as a free and open software under the GPL v2 license.  As 
I mentioned in a previous post, Google could have played a good open source 
citizen and licensed Android under the same GPL licensing scheme.  This would 
have freed Google and all other Android users and developers from any patent 
and copyright claims from Sun and its successor Oracle.

However, for reasons I mentioned here several years ago, hardware makers never 
like (or even tolerate) GPL.  Thus, Google decided to license the Android OS 
under a different scheme called Apache.  Apache is very similar to CDDL, both 
allow proprietary additions and thus are acceptable to hardware makers.

Now, this is where Oracle's law suit is mainly about: Apache is incompatible 
with GPL.  By avoiding the GPL license, Google has forfeited any patent and 
copyright protection granted by Sun/Oracle.  Granted, both Apache and GPL are 
open source licenses, but that's where the relationship ends and there are no 
cross-protections between them.

Of course, Google could also have sought a non-GPL'd license from Sun (I am 
paying about $100 a month for my Verizon Droid phone, and I don't think Verizon 
would notice paying a few bucks a year to Sun for a Java license).  But Google 
decided to have everything going its own way at the expense of Sun (and more 
importantly at the expense of Sun's many former employees).

I think I am unnecessarily confusing the issue.  But my message is that, the 
FOSS community should actually applaud (and support) Oracle's action because 
Oracle is in a way employing, not just the best but also the most persuasive, 
lawyer in America to defend GPL, the holy grail of the free software movement.
-- 
This message posted from opensolaris.org
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