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Java Oracle Programming The Courts

Supreme Court May Decide the Fate of APIs (But Also Klingonese and Dothraki) 210

New submitter nerdpocalypse writes: In a larger battle than even Godzilla v. Mothra, Google v. Oracle threatens not only Japan but the entire nerd world. What is at stake is how a language can be [copyrighted]. This affects not just programming languages, APIs, and everything that runs ... well ... everything, but also the copyright status of new languages such as Klingon and Dothraki.
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Supreme Court May Decide the Fate of APIs (But Also Klingonese and Dothraki)

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  • by ciaran2014 ( 3815793 ) on Saturday June 06, 2015 @01:52AM (#49854699) Homepage

    Software Freedom Law Center's brief regarding whether the Supreme Court should take the case or not:

    https://www.softwarefreedom.or... [softwarefreedom.org]

    • That's tough reading, even by legal-writing standards.
    • by tlambert ( 566799 ) on Saturday June 06, 2015 @03:06AM (#49854913)

      So in layman's terms... the SFLC want the Supreme to refuse to hear the case, because they think that the copying of a trivial function, difficult to implement in any other embodiment, allows a "thin end of the wedge" argument in favor of GPL'ing everything on Android.

      They specifically cite the Lotus v. Borland case in support of this.

      They specifically avoid citing the Ashton Tate v. Fox Software case, because doing so would contradict their claims, and weaken the argument that the Supreme court should hear the case.

      Clearly, someone needs to file an Amicus brief citing Ashton Tate v. Fox Software, and suggest that the brief needs to be heard.

      • They specifically avoid citing the Ashton Tate v. Fox Software case,

        how does Ashton Tate v Fox Software relate to this? That case was thrown out on a technicality, and was eventually dropped.

        • While those of us who remember must agree that Ashton Tate was a big deal at the time, I also agree that a case which was not heard is also not a precedent. If it were, every ridiculous suit brought by anybody would constitute legal precedent, and our legal system would grind to a halt. About 180 years ago.
      • by mark-t ( 151149 )

        I saw it as even less than copying of a trivial function, but rather simply copying the *name* of that function to do the same thing.

        Copyright doesn't protect the names of things... trademarks do. Is Oracle planning on arguing that they have trademarked the names of every Java api function that Google happens to have used the same name for?

  • We are all aware that Godzilla is now a citizen of Japan?

  • by rossdee ( 243626 ) on Saturday June 06, 2015 @02:20AM (#49854773)

    The US Supreme Court has no jurisdiction outside of the USA.
    So this isn't going to affect Klingons

    • Unless they visit the USA.

      • No need to enter the country to fall under US jurisdiction. Just have a US bank account will do.
        • No need to enter the country to fall under US jurisdiction. Just have a US bank account will do.

          Or post leaked information on the internet that the US government does not want exposed, no matter if you're not a US citizen nor received/published the information within the borders of the US or it's Territories.

          That's just how fascists roll.

          Strat

          • Like all courts, SCOTUS has jurisdiction where it can enforce its rulings. That means on US territory, against people with US bank accounts, against companies doing business on US soil, against people who travel to the US, against nations the US invades, etc. That isn't rocket science, and it has nothing to do with "fascism".

            • Like all courts, SCOTUS has jurisdiction where it can enforce its rulings. That means on US territory, against people with US bank accounts, against companies doing business on US soil, against people who travel to the US, against nations the US invades, etc. That isn't rocket science, and it has nothing to do with "fascism".

              Tell that to Julian Assange. The US wants to bury the guy under the prison, and has and still is going to incredible lengths to get their fascistic hands him.

              Strat

    • But doesn't the studio own the Klingon worlds? Once the Klingon's go back to work on the world sets then the studio control them. Outside of the studios when not on company time they are free.

    • The US Supreme Court has no jurisdiction outside of the USA.
      So this isn't going to affect Klingons.

      Google knows the Klingon Emperor's fetishes while Oracle helps keep his secret Ferenginar bank accounts organized. The US Supreme Court is a helpful referee so the two won't inflict contradictory blackmail on the helpless absolute ruler and leave him - and everyone below him - with no good options. Because it's so well-organized and considerate of consequences, corruption is hardly worthy of the name anymore

    • by Rob Y. ( 110975 )

      But the TPP wants to extend US Copyright terms to a lot of new jurisdictions. So, watch out Klingons - if you happen to live along the Pacific rim.

      The TPP may not be an entirely bad thing, and Obama may not be lying about that. But without fixing US intellectual property laws, extending them to the world negates any possible good aspects of these trade agreements. So no TA's without fixing US law, please. And of course, there will be no fixing US law until this same Supreme Court decides that it's reall

      • But without fixing US intellectual property laws, extending them to the world negates any possible good aspects of these trade agreements.

        US intellectual property laws are no more broken than those abroad. Much of US intellectual property law is the result of international agreements that were imposed on the US by European publishers (e.g., the Berne convention). A lot of recent US intellectual property law is the result of lobbying by international corporations and foreign governments, both as a way of pol [wikipedia.org]

  • I don't get it (Score:5, Insightful)

    by msobkow ( 48369 ) on Saturday June 06, 2015 @02:35AM (#49854821) Homepage Journal

    Why can't Google just ship an OpenJDK build for ARM instead of screwing around with breaking the portability contract of the byte code?

    This whole situation is the most asinine pissing match I have seen since SCO...

    • Why can't Google just ship an OpenJDK build for ARM instead of screwing around with breaking the portability contract of the byte code?

      The biggest thing they changed from Java was removing all the UI code (Swing and AWT). That wouldn't have been very useful on a phone, and leaving it out saved space. (Sun had a version of Java that didn't have the UI code, but J2ME isn't open source, you have to pay for it).

      I have no idea why they didn't use the same bytecode. Their own implementation was rather lousy and had strange bugs like this one [facebook.com].

    • I do not fail; I succeed at finding out what does not work.

      You might also add.....I am never wrong; as soon as I am wrong, I switch sides and them I'm right again.

    • Re:I don't get it (Score:5, Informative)

      by tlambert ( 566799 ) on Saturday June 06, 2015 @03:12AM (#49854931)

      Why can't Google just ship an OpenJDK build for ARM instead of screwing around with breaking the portability contract of the byte code?

      For the same reason that they went with Dalvik, and the same reason their libc is derived from BSD libc (Bionic), instead of GLibc: to get out from under the license, and allow, indisputably, commercial code for which source code is not provided, and to (effectively) technologically, rather than merely legally, indemnify developers, in order to attract commercial developers to the platform.

      Oracle has tried to get a piece of Android on and off for years, the same way it tried to get a piece of Linux, and the same way it bought out MySQL and the BSD dbm libraries, when they couldn't legally raise their hand against them.

    • Why can't Google just ship an OpenJDK build for ARM instead of screwing around with breaking the portability contract of the byte code?

      Because OpenJDK is bloated and slow, and because it comes with unacceptable legal restrictions attached to it.

  • by mark-t ( 151149 ) <markt AT nerdflat DOT com> on Saturday June 06, 2015 @03:12AM (#49854933) Journal

    Oracle, the appeals court, and the Department of Justice think that owning a copyright on a language isnâ(TM)t a big deal, because others can always invent new words rather than copying

    Of course, the enormous flaw in this notion is that if you always have to invent new words simply to avoid copying anyone else, then nobody else is actually going to understand you. This is particularly true for things like spoken or written languages, but carries an element of truth to it for computer languages as well. While inventing any language can arguably already be challenging, inventing one that other people will actually use or adopt is usually either a function of the notoriety of the inventor, a matter of blind luck, or some combination of the two.

    Since it can be argued that copyright provides a mechanism for otherwise possibly unknown artists to publish their works on the same relatively level playing field as those who may have already gained some notoriety, it seems I think that suggesting that such things should somehow be copyrightable is even at best wholly counter-productive.

    • by msobkow ( 48369 )

      Yet if you think of an API as being the chapter-titles of a book, what you're saying is that it's ok to steal all the titles from an existing work and write your own chapter contents. I don't see where or why the API of a system would not be under copyright -- the whole point of licenses like the LGPL is to let you use the interface explicitly whereas the GPL denies you the right to use the interface without publishing your code.

      Just because someone wants to use your API really, really badly doesn't mea

      • by silentcoder ( 1241496 ) on Saturday June 06, 2015 @05:20AM (#49855193)

        Wrong.
          The GPL prevents linking via API to existing GPL'd libraries. It does not stop you from writing your own library with the exact same method declarations but your OWN implementation.
        What google did is specifically NOT prevented by the GPL either.

        The GPL focusses on linking because that means MY implementation is used by your code. If you write your own library with the same declarations and your own implementation - then even though your application code is unchanged, I no longer hold a claim.

        Indeed most of GNU's libraries (both those under the GPL like readline and those under the LGPL like glibc) could not have existed if Oracle is right - since they were mostly re-implementations of long-existing APIs that every Unix OS ever developed also included. LibC in particular - EVERY unix since the very first Bell Labs one has had a generic C library - and they all implemented essentially the same core set of functions. Their APIs are all virtually identical yet they were all deemed legal and all under their own distinct copyrights. Some were proprietory, some were BSD licensed (i.e. the libc's in every BSD today) and GNU made theirs LGPLd.

        A better example would be the wine project. Wine reimplemented just about the entire windows API - all the calls are identical - so identical that you can run windows programs and games with Wine - but every implementation written from scratch as a clean-room reverse-engineer process. That has been legal for many, many years -this case threatens that. It would make it possible for Microsoft to get Wine declared illegal.

        If this is illegal Wine would actually be MORE illegal since it is much more compatible with the original API than Android is with Java. In fact that is Oracle's entire PR about this matter: that they are trying to sue google for NOT making the API ENTIRELY compatible with theirs !

        Disclaimer: I am a former Oracle engineer, I quite my job because I could not in good conscience keep working for the company that filed this suit !

        • The GPL prevents linking via API to existing GPL'd libraries. It does not stop you from writing your own library with the exact same method declarations but your OWN implementation. What google did is specifically NOT prevented by the GPL either.

          I wouldn't put it that way. It's just that copying the library is very, very obvious covered by copyright law, and copying the API is much less obviously covered by copyright law. If it is covered by copyright law, then it is covered by GPL, and if it is not covered by copyright law then it isn't.

  • Comment removed (Score:5, Interesting)

    by account_deleted ( 4530225 ) on Saturday June 06, 2015 @07:48AM (#49855531)
    Comment removed based on user account deletion
    • As I understand it, if Oracle loses, they might set a precedent which allow others companies to sue Oracle.

    • by mark-t ( 151149 )

      If they lose, there's a Supreme Court precedent that allows them to clone any small competitor's products (patent considerations notwithstanding) at a 100% API compatible level and use Oracle integration and consulting to ram them out of business

      Ironically, if the competitor is small, then it probably doesn't generate enough competition for Oracle to waste their time trying to be compatible with them.... if the competitor is large enough that oracle does care, then they will probably have to overcome what

  • by walterbyrd ( 182728 ) on Saturday June 06, 2015 @10:00AM (#49856017)

    Article makes it sound like this is some silly squabble among nerds. Like an argument over a StarTrek episode.

    I suspect a lot of non-nerd people may be surprised about the far-reaching implications of this decision.

  • by Opportunist ( 166417 ) on Saturday June 06, 2015 @11:10AM (#49856363)

    I know it's a bit offtopic, but ... in the recent past, I couldn't help but come to one revelation: We allow people to make important decisions who have in no way demonstrated that they know anything about the subject. More often than not, they have actually demonstrated that they have ZERO knowledge, and, what's worse, no intention to change this in any way.

    Why again do we allow these people to make decisions?

    I mean, if, say, scientists would make our laws, I could live with that. Scientists usually know their subjects. That's basically their work. But politicians? Most of them are lawyers, for crying out loud. What knowledge and insight do you expect from someone who was too stupid to study something useful?

    • It's fucked up system. Just less fucked up than others we've figured out.

      And no, 'scientists' would make lousy laws. Look how they've screwed up thermodynamics. Lord, what a mess that's created.

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