Re: [android-developers] Re: Chilling news: Oracle sues Google over Android

2010-08-17 Thread Fabrizio Giudici

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On 8/17/10 08:20 , nexbug wrote:
 Face it, This is just a ploy by msft and apl to distract android
 devs from writing code And make them spend all the time speculating
 and starting flame wars.

So, as I said, we'd just keep on writing code and improve our apps! Right?

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RE: [android-developers] Re: Chilling news: Oracle sues Google over Android

2010-08-17 Thread Ted Neward
Wow--the thought that Larry Ellison would do something at the request of
Ballmer and/or Jobs is just well, the acronym ROFLMAO just doesn't do
it justice.

Of course, the TRUTH that they don't want you to know is that the whole show
worldwide is a deep conspiracy orchestrated by a secret cabal owned by the
Girl Scouts, the Screen Actors' Guild and the Illuminati anyway, so

In all honesty, I think the author of the article is right--Oracle wants
Google to acknowledge that Oracle has ownership over Java and thus
deserves to be cut in to the Android licensing deal somehow. It might even
be that Oracle counsel felt that they had to take this step to prevent any
other companies from doing something similar or even more infringing on
the Java name/brand/IP. Remember, if you don't defend your ownership of IP,
the courts look at that as an active surrender of that IP to the public
domain.

Ted Neward
Java, .NET, XML Services
Consulting, Teaching, Speaking, Writing
http://www.tedneward.com

 -Original Message-
 From: android-developers@googlegroups.com [mailto:android-
 develop...@googlegroups.com] On Behalf Of nexbug
 Sent: Monday, August 16, 2010 11:20 PM
 To: Android Developers
 Subject: [android-developers] Re: Chilling news: Oracle sues Google over
 Android
 
 Face it,
 This is just a ploy by msft and apl to distract android devs from writing
code
 And make them spend all the time speculating and starting flame wars.
 
 
 On Aug 16, 1:30 pm, Frank Weiss fewe...@gmail.com wrote:
  Fabrizio, thanks for sharing that Forbes article
  (http://blogs.forbes.com/taylorbuley/2010/08/13/android-lawsuit-is-
 rea...).
 
  It confirmed some of my thinking, but added the interesting bear hug
  angle. I wonder if that is really the case.
 
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Re: [android-developers] Re: Chilling news: Oracle sues Google over Android

2010-08-16 Thread Fabrizio Giudici

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On 8/16/10 05:07 , DanH wrote:
 Having written 13 software patents, I'm well aware that many are
 very weak, or, if not weak, very narrow.  But proving all that in a
 court of law is the trick -- the presumption is that the patent,
 having been cleared by the patent office, is valid.  (I'd have
 several more patents if it weren't for the ones the PO rejected
 because of supposed prior art, even though the quoted prior art
 had no relation to the area of my applications.)

Exactly. I don't think that Oracle made such an obvious mistake, even
though the patents might be actually weak. They can anyway cause harm
to Google with the trial thing. This only consolidates the idea that
Oracle doesn't want to shut down Android, but come to a deal (maybe
I'm wrong, but note that even though Oracle officially asked to
withdraw and destroy Android, they didn't ask for a temporary
suspension of Android activities until the trial is finished). If the
deal is only money, it won't affect us in any way. If the deal is also
about changes in the way Android is, it will affect us. I think there
are both positive and negative outcomes - but until they come to a
deal, we really can't know.

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Re: [android-developers] Re: Chilling news: Oracle sues Google over Android

2010-08-16 Thread Fabrizio Giudici

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Suggested read:

http://blogs.forbes.com/taylorbuley/2010/08/13/android-lawsuit-is-really-just-oracle-flirting-with-google/

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Re: [android-developers] Re: Chilling news: Oracle sues Google over Android

2010-08-16 Thread Frank Weiss
Fabrizio, thanks for sharing that Forbes article
(http://blogs.forbes.com/taylorbuley/2010/08/13/android-lawsuit-is-really-just-oracle-flirting-with-google/).

It confirmed some of my thinking, but added the interesting bear hug
angle. I wonder if that is really the case.

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Re: [android-developers] Re: Chilling news: Oracle sues Google over Android

2010-08-15 Thread Fabrizio Giudici

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On 8/14/10 23:04 , Sebastián Treu wrote:
 The problem it's not if Oracle wants to shutdown Android. The
 problem is how this will *affect* the android platform both
 acceptance and distribution. Android is new and it's making his way
 in the market. With this issue on the horizon, how will affect
 Android to be the choice of phone makers? Will you risk, as a phone
 maker, to continue supporting Android and distributing it in your
 phone without knowing what is happening behind the scenes?
Good points, but Android has already made its way in the market. The
same day Oracle filed the complaint (not a coincidence IMHO) there was
the news that Android has passed iPhone in the USA and it's #2 on the
USA market. So, it's well consolidated. The Oracle legal issue might
certainly make some damage, but it largely depends on how long the
trial will go on. I suppose that time is precisely one of the cards
that Oracle is playing. If they settle down to an agreement in a
relatively short time, we won't be affected by any major problem. So,
there are still some months before one should be worried, I think.

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Re: [android-developers] Re: Chilling news: Oracle sues Google over Android

2010-08-15 Thread ll...@meridja.com
James Gozlin was saying that during discussions with Oracle prior to them 
taking over Sun that they knew the kind of situation Google was in, and their 
lawyers' eyes sparkled at the thought of suing Google.

Check out the full blog article and the discussion it sparked: 

http://nighthacks.com/roller/jag/entry/the_shit_finally_hits_the

Llies
+44(0)7766541551

- Reply message -
From: Fabrizio Giudici fabrizio.giud...@tidalwave.it
Date: Sat, Aug 14, 2010 15:34
Subject: [android-developers] Re: Chilling news: Oracle sues Google over Android
To: android-developers@googlegroups.com
Cc: netlander merid...@gmail.com



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On 8/14/10 12:27 , netlander wrote:

 Now! can anyone (Google guys?) enlighten us on what's the lawsuit
 about?

You can bet that none of Google will talk about this in the mailing
lists :-) I suppose only lawyers, spokesmen and some executives will
be allowed to talk in the next weeks.

My point is that we developers should not be much worried about that.
I don't think that Oracle has any real intention to shut down Android,
since it's a pot of money. You usually want to have a part of it, or
be part of the game, not to destroy it. My principal concerns about
Android are the same as one week ago, that is to make my app work at best.

- -- 
Fabrizio Giudici - Java Architect, Project Manager
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Re: [android-developers] Re: Chilling news: Oracle sues Google over Android

2010-08-14 Thread Fabrizio Giudici

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On 8/14/10 12:27 , netlander wrote:

 Now! can anyone (Google guys?) enlighten us on what's the lawsuit
 about?

You can bet that none of Google will talk about this in the mailing
lists :-) I suppose only lawyers, spokesmen and some executives will
be allowed to talk in the next weeks.

My point is that we developers should not be much worried about that.
I don't think that Oracle has any real intention to shut down Android,
since it's a pot of money. You usually want to have a part of it, or
be part of the game, not to destroy it. My principal concerns about
Android are the same as one week ago, that is to make my app work at best.

- -- 
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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Re: [android-developers] Re: Chilling news: Oracle sues Google over Android

2010-08-14 Thread Frank Weiss
I started this thread with some trepidation, especially the chilling
part. But it looks like we got to share our thoughts, if maybe a
little OT at times.

Fabrizio Giudici wote:
 My point is that we developers should not be much worried about that.
 I don't think that Oracle has any real intention to shut down Android,
 since it's a pot of money. You usually want to have a part of it, or
 be part of the game, not to destroy it. My principal concerns about
 Android are the same as one week ago, that is to make my app work at best.


Yeah, I don't think this is going to affect Android. My guess is that
they'll settle before it goes to a jury. I suppose it would be fair
that Oracle monetize the Java IP it got when it bought Sun, but isn't
Oracle rich enough? I think Oracle is going to have to tread lightly
to avoid alienating the open source community. I wonder what deal they
have or would strike with IBM, which has a pretty deep stake in Java?

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Re: [android-developers] Re: Chilling news: Oracle sues Google over Android

2010-08-14 Thread Sebastián Treu
On Sat, Aug 14, 2010 at 12:34 PM, Fabrizio Giudici
 My point is that we developers should not be much worried about that.
 I don't think that Oracle has any real intention to shut down Android,
 since it's a pot of money. You usually want to have a part of it, or
 be part of the game, not to destroy it. My principal concerns about
 Android are the same as one week ago, that is to make my app work at best.


The problem it's not if Oracle wants to shutdown Android. The problem
is how this will *affect* the android platform both acceptance and
distribution. Android is new and it's making his way in the market.
With this issue on the horizon, how will affect Android to be the
choice of phone makers? Will you risk, as a phone maker, to continue
supporting Android and distributing it in your phone without knowing
what is happening behind the scenes?

It's a PITA and I'm worried about it. I was creating myself big
expectations with this. I'm new making my way as a developer and as an
android developer (4 months), and now I'm a little worried.

Regards,
--
If you want freedom, compile the source.

Sebastián Treu
http://labombiya.com.ar

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Re: [android-developers] Re: Chilling news: Oracle sues Google over Android

2010-08-13 Thread Miguel Morales
I'm sure not all of us have the cash to pay for the amount of servers
the app engine requires.
Also, they pretty much use jetty for the frontend, they use an rpc
system to communicate with whatever their backend is coded in.
(at least from briefly scanning the the gae docs)

2010/8/13 François Masurel fm2...@mably.com:
 What about the Google App Engine for Java platform ?

 It's powered by Jetty though, not Tomcat.

 François

 On 13 août, 11:28, Miguel Morales therevolti...@gmail.com wrote:
  Do you know that most of the web sites, services and whatever on the
  internet are powered by Java and by a good percentage by Tomcat? Java
  = slow is bullishit at least since five years, so please don't spread
  FUD any longer.

 Yes, I know.  I used to be a sysadmin for a few datacenters.  I know
 how tomcat applications behave.
 Like I said, in server environments the jvm is really good.  I use it
 myself.  It's fast enough, but by itself, doesn't scale very well.
 What popular website runs on pure java code?
 The VM as-is doesn't do well in slower/older hardware.  The amount of
 ram required for each instance is ridiculous.
 Run a decent amount instances of your app and your server is toast.
 Or if your app scales in one vm instance, it's still not worth it.
 You're stuck with the usual perils of multi-threaded programming,
 without any gains in efficiency or grace of scalability.
 Locked hashmaps are cool, so are queues, but for anything real world
 you'd most likely connect to a network database.  At that point you
 might as well code your app in a scripting language and increase your
 productivity maintaining a relative performance.

 Then, what about scaling your app server wise? You're again network
 bound over communicating between the instances.
 Might as well skip all those optimizations and use something more
 expressive and code faster.

  This is meaningless given some context. There are plenty of benchmarks
  around that demonstrates than Java or C are faster. The JIT
  technology, BTW, allows for higher optimization than C, since it can
  only optimize statically. Of course, single benchmarks aren't
  meaningful, since in a real world project one have to do some
  trade-offs. There are many real-world examples that can be done, just
  the first one that is public and comes to my mind has been recently
  presented at Jazoon. See
 http://jazoon.com/Conference/Thursday/OMullane, slide #40, which I'm
  copying:

 I don't know of any popular fast java applications, despite all these 
 features.
 Again, Java is ok, great for what it does.  But

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Re: [android-developers] Re: Chilling news: Oracle sues Google over Android

2010-08-13 Thread Fabrizio Giudici

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On 8/13/10 14:05 , DanH wrote:
 Acually, SUN has one of the worst JVMs available, and that's probably
 a big part of what's got Oracle upset about Android.  (That and the
 money, of course.)

 I would assume that Google got one of the standard development
 licenses from Sun, where they could do pretty much whatever they
 wanted -- it just had to pass the JCK tests if they used the name
 Java.  I'm assuming that Android Java passes the JCK somehow.
You're assuming wrong. Google took the runtime from Harmony, which is
a willing-to-be-Java implementation made by the Apache Software
Foundation and that never got the permission by Sun to be tested
against the JCK (thus it can't be named as Java). It's a well known
debate between Sun and the Apache that has been going for years. When
we use the Android SDK we're using the Java compiler from Sun/Oracle,
we're having an intermediate passage through Sun/Oracle bytecode, but
we end with bytecode made by Google and with a runtime that has
nothing to do with Java. I've read previously discussions about the
topic that seemed to miss completely this fact.

Google has never claimed that it's compatible with Java(TM) and I
think there's not a single bit of Sun code in Android - in fact,
Oracle filed the sue not about a license violation concerning its own
SDK, but mentioning more general patents, as you can read here:
http://www.scribd.com/doc/35815632/Oracle-Google-Complaint

?Protection Domains To Provide Security In A Computer System?
?Controlling Access To A Resource
?Method And Apparatus For Preprocessing And Packaging Class Files?
?System And Method For Dynamic Preloading Of Classes Through Memory
Space Cloning Of A Master Runtime System Process?
?Method And Apparatus For Resolving Data References In Generate Code?
?Interpreting Functions Utilizing A Hybrid Of Virtual And Native
Machine Instructions?
?Method And System for Performing Static Initialization?



In other words, this is the classic patent-based war that often occurs
among large corporates and that, thanks to the currently flawed patent
bills, allows every corporate to sue any other one.

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Re: [android-developers] Re: Chilling news: Oracle sues Google over Android

2010-08-13 Thread Fabrizio Giudici

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On 8/13/10 19:08 , DanH wrote:
 Yeah, I saw the list of patents, and commented above that from the
 titles they likely were pretty narrow.  This is going to be an
 angels- on-the-head-of a-pin battle.

To complete the scenario, I've been pointed to that in the complaint
there's also a copyright violation allegation, regarding Java itself.
It is not clear to what it refers to and I still believe that there
are not Sun bits in Android. In any case, it is cited after the seven
patents, so I think that the last ones are the real core of the case.

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Re: [android-developers] Re: Chilling news: Oracle sues Google over Android

2010-08-13 Thread Shane Isbell
Sun would never have freely licensed their mobile JVM/KVM, they made way too
much money for that. The problem for Oracle now is the emergence of iPhone
and Android is seriously chipping away at Java ME distribution on handsets.
Now you have countries intending to ban blackberry service (which uses Java
ME for it's applications). Android devices are a likely replacement for
blackberry users who are outside of the US.

Sun did realize the potential threat of Android early; but Sun's solution
was to do more market research and study before acting, while Google charged
forward and executed. It was really sad to see Sun go like it did. They did
so many good things for various communities. They created the JCP to get
industry involvement in numerous specs, including mobile; but in many ways
the JSR groups could be dysfunctional, slow and ineffective (imagine having
ego driven techies from numerous handset manufactures in the same room). In
the end, Sun was like a deer in the headlights, unable to adapt to rapid
industry changes. Google kept tight control of the technology and didn't
need to build consensuses for it's mobile technologies.


On Fri, Aug 13, 2010 at 11:46 AM, DanH danhi...@ieee.org wrote:

 Hard to say.  I don't know if the tendency in lawsuits is to list the
 most significant first, or the least significant.

 Can't speak to the possibility of copyright infringement.  If the
 developers of the Android environment have good documentation for
 using cleanroom procedures that's a big help, but doesn't get them
 out of the woods.  Without that documentation it could be a bit rough.

 I do wish that Sun had fully opensourced and open licensed Java like
 they were planning to several years back.  I'm guessing the plan was
 killed when Oracle began negotiating with them.

 On Aug 13, 1:18 pm, Fabrizio Giudici fabrizio.giud...@tidalwave.it
 wrote:
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  On 8/13/10 19:08 , DanH wrote:
 
   Yeah, I saw the list of patents, and commented above that from the
   titles they likely were pretty narrow.  This is going to be an
   angels- on-the-head-of a-pin battle.
 
  To complete the scenario, I've been pointed to that in the complaint
  there's also a copyright violation allegation, regarding Java itself.
  It is not clear to what it refers to and I still believe that there
  are not Sun bits in Android. In any case, it is cited after the seven
  patents, so I think that the last ones are the real core of the case.
 
  - --
  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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Re: [android-developers] Re: Chilling news: Oracle sues Google over Android

2010-08-13 Thread Fabrizio Giudici

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 On Fri, Aug 13, 2010 at 11:46 AM, DanH danhi...@ieee.org
 mailto:danhi...@ieee.org wrote:

 I do wish that Sun had fully opensourced and open licensed Java
 like they were planning to several years back.  I'm guessing the
 plan was killed when Oracle began negotiating with them.

Java Standard Edition _is_ fully open sourced under the GPL+CPE
license (Java Micro Edition is a different thing, but it's not related
with Android). As fas as I understand, even though you open source a
product, there's still the patent thing. Usually these are handled by
having the license to grant users a perpetual right to use the
technology guaranteeing that they won't be accused of breaking a
patent. But this clearly applies only to people using the plain open
Java made by Sun / Oracle. Back to the license thing, I suppose that
Oracle might refer to the Java specifications and namespaces (the
java.* thing). Probably, even though Google has never claimed that
Android is Java and their implementation doesn't derive from Sun, the
weak point could be the fact that Android uses a subset of the runtime
specifications and namespaces.

- -- 
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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Re: [android-developers] Re: Chilling news: Oracle sues Google over Android

2010-08-13 Thread Fabrizio Giudici

-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

On 8/13/10 22:38 , François Masurel wrote:
 That's what I was asking to myself : what if Google simply
 infringed Oracle copyrights by using Java specifications and
 namespaces ?  Can APIs be copyrighted ?

Of course they can and specs can be licensed independently of an
implementation. It's a complex thing and today I've read opposite
opinions on many blogs by people who should have a knowledge on the
matter. I suppose we'd better to wait some days for a better analysis
of the problem.

- -- 
Fabrizio Giudici - Java Architect, Project Manager
Tidalwave s.a.s. - We make Java work. Everywhere.
java.net/blog/fabriziogiudici - www.tidalwave.it/people
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