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jimmyvanhalen

25 karma · joined April 8, 2012

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jimmyvanhalen··on [dead]
On to paragraph 13:

"the district court found that the structure, sequence and organization of the JC-5000S was expression, and thus subject to protection."

http://www.fosspatents.com/2012/05/oracle-v-google-cant-make...

Judge Alsup told Google's counsel that Google had to address the Johnson Controls decision with a view to the Java APIs.

jimmyvanhalen··on Gosling: Fears Over Consequences of Possible Oracle Trial Win Overblown
Gosling: "Despite my well-known opinions on Oracle, they wouldn't do any of the nightmare scenarios that some have imagined: such a meltdown would not be in their own self interest. They have actually been unexpectedly good stewards of Java (although less so of Solaris)."
jimmyvanhalen··on Google staff 'knew of wi-fi snooping'
Still doesn't give you the right to steal my tv.
jimmyvanhalen··on Java creator James Gosling: 'Google totally slimed Sun'
He said many things that were pro-Android. Endorsements, explanation, etc. it doesn't matter. What he said was not a license.

What questions? anyone can fork OpenJDK and release it under a different license due to the classpath exceptions, and if they pass the TCK they can call their software Java. If not they cant't. but PhoneME doesn't have the classpath exception and that's why Google didn't like that.

Here's Andy Rubin's email:

"We are building a platform where the entire purpose is to let people differentiate on top of it," said Android chief Andy Rubin in an August 11, 2007, e-mail that Oracle is touting in its case against Google (PDF). "Sun chose GPL for this exact reason so that companies would need to come back to them and take a direct license and pay royalties."

so what is your point?

jimmyvanhalen··on Java creator James Gosling: 'Google totally slimed Sun'
>Jonathan Schwartz said both bothered them but had to be tolerated, but you've made clear that his opinion couldn't possibly be relevant. We'll just have to see how this case turns out.

His "endorsement" is not a license or a permission to break copyright/license agreements.

jimmyvanhalen··on Java creator James Gosling: 'Google totally slimed Sun'
Which I agreed with. That's why I said "We'll find out for sure in a few days."

I just posted this to highlight the fact that things are in Oracle's favor.

jury told by Judge to assume APIs are copyrightable.

Since that order emphasizes the importance of the APIs, it probably weighs in Oracle's favor.

jimmyvanhalen··on Java creator James Gosling: 'Google totally slimed Sun'
jury told by Judge to assume APIs are copyrightable.

Since that order emphasizes the importance of the APIs, it probably weighs in Oracle's favor.

We'll find out for sure in a few days.

http://arstechnica.com/tech-policy/news/2012/04/oracle-presi...

jimmyvanhalen··on Java creator James Gosling: 'Google totally slimed Sun'
But with his closing argument, Google counsel Robert Van Nest insisted that the search giant was well within its rights in building its own version of Java, claiming “fair use” of Oracle’s copyrights.

Google's defense is incredibly weak. relying mostly on fair use.

the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

http://en.wikipedia.org/wiki/Fair_use

jimmyvanhalen··on Java creator James Gosling: 'Google totally slimed Sun'
>"hack groovy improvements into it, compile it, and want to give it to the world."

under GPL (OpenJDK) not ASL (Harmony <-- groovy name).

Here's what the Apache Foundation said after it discontinued work on Harmony.

"Java specifications are proprietary technology that must be licensed directly from the spec lead under whatever terms the spec lead chooses."

jimmyvanhalen··on Java creator James Gosling: 'Google totally slimed Sun'
Sun/Oracle had OpenJDK (published under GPL) which is supported by everyone including IBM (after it abandoned Harmony).

>you're going to have to expect non-"Java" open source forks.

yes, licensed under GPL not ASL.

Here's what Andy Rubin had to say about GPL:

"The problem with GPL in embedded systems [such as smartphones and tablets] is that it's viral [...]"

"Sun chose GPL for this exact reason so that companies would need to come back to them and take a direct license and pay royalties."

jimmyvanhalen··on Java creator James Gosling: 'Google totally slimed Sun'
Here's what the ASF had to say:

that Java specifications are proprietary technology that must be licensed directly from the spec lead under whatever terms the spec lead chooses;

jimmyvanhalen··on Java creator James Gosling: 'Google totally slimed Sun'
Note that IBM dumped Harmony in favor of OpenJDK last year after realizing Harmony will never get a TCK license from Sun/Oracle. The Apache Foundation resigned from the JCP Executive Committee in protest shortly after that and last year an open vote was taken within the Project Management Committee, which resulted in a 20-2 majority to discontinue development."

Here's what the Apache Foundation had to say:

when the Apache Foundation resigned from the JCP Executive Committee in protest, it actually stated on the organization's official blog that the "Java specifications are proprietary technology that must be licensed directly from the spec lead under whatever terms the spec lead chooses."

Source: http://www.fosspatents.com/2012/04/oracle-asks-court-to-clea...

https://blogs.apache.org/foundation/entry/the_asf_resigns_fr...

jimmyvanhalen··on Java creator James Gosling: 'Google totally slimed Sun'
>purposely made Java so that this kind of thing could happen?

what kind of thing? can you explain a little bit more.

jimmyvanhalen··on Java creator James Gosling: 'Google totally slimed Sun'
I don't know why you have to drag iOS into this discussion, but it's a known fact that there are way more compromises and "hacky tricks" in Android than iOS.
jimmyvanhalen··on Java creator James Gosling: 'Google totally slimed Sun'
it's not just Gosling.

"Just because Sun didn't have patent suits in our genetic code doesn't mean we didn't feel wronged. While I have differences with Oracle, in this case they are in the right. Google totally slimed Sun. We were all really disturbed, even Jonathan: he just decided to put on a happy face and tried to turn lemons into lemonade. which annoyed a lot of folks at Sun."

In a March 8, 2007 e-mail to Schwartz about working with Google on licensing or partnering with Sun on Java, Sun's co-founder and chairman, Scott McNealy, characterized the relationship with Google at the time: "The Google thing is really a pain. They are immune to copyright laws, good citizenship, they dont share. They dont even call back."

jimmyvanhalen··on Java creator James Gosling: 'Google totally slimed Sun'
doesn't matter. he's James Gosling.
jimmyvanhalen··on Java creator James Gosling: 'Google totally slimed Sun'
Gosling said that Sun was "wronged" by Google and that Oracle is right to sue Google for the way it used Java code in Android.

Just because Sun didn't have patent suits in our genetic code doesn't mean we didn't feel wronged. While I have differences with Oracle, in this case they are in the right. Google totally slimed Sun. We were all really disturbed, even Jonathan: he just decided to put on a happy face and tried to turn lemons into lemonade.

In a March 8, 2007 e-mail to Schwartz about working with Google on licensing or partnering with Sun on Java, Sun's co-founder and chairman, Scott McNealy, characterized the relationship with Google at the time: "The Google thing is really a pain. They are immune to copyright laws, good citizenship, they dont share. They dont even call back."

"It's really hard to tell what their intentions are with Android. They put this thing out there, and you've got lots of people picking it up. The big attraction seems to be the zero on the price tag. But everybody I've talked to who is building an Android phone or whatever, they're all going in and they're just hacking on it. And so all these Android phones are going to be incompatible.

"One of the reasons that we charge license fees is because we've got organizations of people that do compatibility testing and actual negotiating amongst the different handset makers so that things like GPS APIs look the same. And what's going on in the Android world is there's kind of no adult in charge. And all these handset manufacturers are doing whatever they damn well please. Which means that it's just going to be randomness. It could be let a thousand flowers bloom, but it also could be a dog's breakfast. And I guess having been around the track a few times, it feels like it's going to be more of a dog's breakfast."

jimmyvanhalen··on Gosling: Sun was "wronged" by Google re: Android. Oracle right to sue Google.
Just because Sun didn't have patent suits in our genetic code doesn't mean we didn't feel wronged. While I have differences with Oracle, in this case they are in the right. Google totally slimed Sun. We were all really disturbed, even Jonathan: he just decided to put on a happy face and tried to turn lemons into lemonade.

In a March 8, 2007 e-mail to Schwartz about working with Google on licensing or partnering with Sun on Java, Sun's co-founder and chairman, Scott McNealy, characterized the relationship with Google at the time: "The Google thing is really a pain. They are immune to copyright laws, good citizenship, they dont share. They dont even call back."

"It's really hard to tell what their intentions are with Android. They put this thing out there, and you've got lots of people picking it up. The big attraction seems to be the zero on the price tag. But everybody I've talked to who is building an Android phone or whatever, they're all going in and they're just hacking on it. And so all these Android phones are going to be incompatible.

jimmyvanhalen··on Tim O'Reilly's Reflections on Apple's Tax Avoidance Tactics
>I have no idea why you quote that text related to the Laffer Curve.

then our discussion is over.

jimmyvanhalen··on Google staff 'knew of wi-fi snooping'
Just because my door is open doesn't mean you can just walk in my house and steal my television.
jimmyvanhalen··on Aspirin Really Is Kind of a Wonder Drug, Studies Continue to Show
saw this last month:

Daily Aspirin May Help Prevent and Treat Cancer.

Taking aspirin every day may significantly reduce the risk of many cancers and prevent tumors from spreading, according to two new studies published on Tuesday.

http://www.nytimes.com/2012/03/21/health/research/studies-li...

http://www.webmd.com/cancer/news/20120320/daily-aspirin-may-...

jimmyvanhalen··on Google staff 'knew of wi-fi snooping'
the joke is on VikingCoder and Google.
jimmyvanhalen··on How Billionaire Asteroid Miners Make Money -- Without Mining Asteroids
>How Billionaire Asteroid Miners Make Money -- Without Mining Asteroids.

They're going to make a movie about this starring Bruce Willis. Throw in Ben Affleck for comic relief. They're going to call it "Armageddon" and it's going to be a blockbuster.

jimmyvanhalen··on Tim O'Reilly's Reflections on Apple's Tax Avoidance Tactics
How is your country doing with your high tax rates? Do you ever wonder why we are the center of the universe? Do you ever wonder why Apple, Google, Facebook, etc. were all started here in America?

In 1978 Congress for once did the sensible thing and slashed capital gains taxes: This resulted in the supply of venture capital exploding. By the start of 1979 a massive commitment to venture capital funds had taken place, rising from a pathetic $39 million in 1977 to a staggering $570 million at the end of 1978. Tax collections on long-term capital gains, despite the dire predictions of Keynesian big-spending critics of tax cuts, leapt from $8.5 billion in 1978 to $10.6 billion in 1979, $16.5 billion in 1983, and $23.7 billion in 1985. By 1981 venture capital outlays had soared to $1.4 billion, and the total amount of venture capital had risen to $5.8 billion. In 1981 the maximum tax rate on long-term capital gains was cut to 20 percent. This resulted in the venture capital pool surging to $11.5 billion. Astonishingly enough—to conventional economists, that is—venture capital outlays rose to $1.8 billion in the midst of the 1982 depression. This was about 400 percent more than had been out-laid during the 1970s slump. In 1983 these outlays rose to nearly $3 billion....In 1982 the U.S. General Accounting Office sampled 72 companies that had been launched with venture capital since the 1978 capital-gains tax cut. The results were startling. Starting with $209 million dollars in funds, these companies had paid $350 million in federal taxes, generated $900 million in export income, and directly created 135,000 jobs.

jimmyvanhalen··on Tim O'Reilly's Reflections on Apple's Tax Avoidance Tactics
s/trix/perfectly legal tax laws
jimmyvanhalen··on Tim O'Reilly's Reflections on Apple's Tax Avoidance Tactics
The corporate and personal tax rate in other countries such as Germany and Belgium are higher than the US.

I heard Germans and Belgians are "more decent" than Americans. ;)

Who's more "decent"?

The company that pays taxes, pays dividends to shareholders (pension/retirement funds, universities, charities,etc.), created 500,000 jobs in the US (which in turn pays income tax), spends billions in R&D, donates to charities, etc.

or

The big government with massive deficit that overspends on useless government programs, wars, etc..?

jimmyvanhalen··on Apple responds to NYT: "We're among top payers of U.S. income tax"
s/loophole/tax law

s/society/government

morality is not defined by how much taxes you pay the government.

who's immoral?

The company that pays less taxes and returns the money to the shareholders,creates jobs, donates to charity, etc. or big government that waste tax payers money by spending it on useless government programs and wars?

jimmyvanhalen··on Tim O'Reilly's Reflections on Apple's Tax Avoidance Tactics
Everybody's favorite ad company is also doing the same thing btw.

Google 2.4% Rate Shows How $60 Billion Lost to Tax Loopholes

Google Inc. cut its taxes by $3.1 billion in the last three years using a technique that moves most of its foreign profits through Ireland and the Netherlands to Bermuda.

http://www.bloomberg.com/news/2010-10-21/google-2-4-rate-sho...

jimmyvanhalen··on Apple responds to NYT: "We're among top payers of U.S. income tax"
your favorite ad company is also doing the same thing.

Google 2.4% Rate Shows How $60 Billion Lost to Tax Loopholes

Google Inc. cut its taxes by $3.1 billion in the last three years using a technique that moves most of its foreign profits through Ireland and the Netherlands to Bermuda.

http://www.bloomberg.com/news/2010-10-21/google-2-4-rate-sho...

jimmyvanhalen··on Apple responds to NYT: "We're among top payers of U.S. income tax"
By the way,

Google 2.4% Rate Shows How $60 Billion Lost to Tax Loopholes

Google Inc. cut its taxes by $3.1 billion in the last three years using a technique that moves most of its foreign profits through Ireland and the Netherlands to Bermuda.

http://www.bloomberg.com/news/2010-10-21/google-2-4-rate-sho...

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