Greg's Bite: when "open source" isn't really open
TweetFollow Us on Twitter

Greg's Bite: when "open source" isn't really open

By Greg Mills

While much has been written about the Apple vs Android patent war going on in courts and trade commissions around the world, there hasn't been nearly as much written about Oracle's suit directly against Google over using Java code without a license. Apple has chosen to attack all the handset manufacturers in separate actions rather than going after Google, head on. Both points of attack are beginning to have some effect, if the level of retoric coming from Google is any indication.

Oracle is suing Google for using patented Java code without a license in the Android OS. The head lawyer at Google was famously quoted recently whining that in effect, patents shouldn't be applied against open source software. One has to imagine if it were Google's patents being infringed, the story would be quite different.

The allure of using the Android OS, from a handset maker's point of view, is that many of the platform elements required to compete against Apple, such as a library of apps is provided and the high cost of writing and maintaining a proprietary smartphone operating system isn't for the faint hearted. RIM, Nokia and HP can attest to the fact that competing with the Apple iOS platform with their own operating system isn't easy.

The popularity of the Android OS is at least partially due to fact that Google provides it free. Licensing fees to Microsoft are paid by the handset manufactures directly for some patented technology based upon agreed royalty agreements, but the Android platform is open source. Google has somehow developed the unwritten rule that intellectual property laws shouldn't apply to open source software. That is okay if the owners of the intellectual property you are using don't sue.

The lawsuit Oracle filed against Google has forced the disclosure of some very interesting internal email found during the discovery phase of the suit. It turns out that in a couple of particularly damaging emails Google personel, at the highest level, discussed using Java without a license. Google knew it was using patented Java code without a license, that is intentional infringement. (See: http://www.appleinsider.com/articles/11/08/06/google_fighting_to_suppres... .)

What makes the disclosure particularly damaging is that accidental or unintentional infringement might result in an exposure to a large judgement, while intentional infringement triples the damage award, by law. Clearly, Google knew the Java code they were using wasn't open source and that they were using someone else's intellectual property without a license. Google tried to change just enough Java code in the Android OS to get around Oracle's patents.

If Google is found to have intentionally infringed on Java code without a license, that may well go against the entire Android OS platform in the various Apple vs Android lawsuits now being litigated in numerous legal venues. Frankly, it seems only the attorneys for Google really appreciate how precarious the Android platform's future is right now. The handset makers are very worried and the promises from Google to protect them from Apple seem to be just words with little actual action.

Google screams conspiracy as Apple, Microsoft, RIM, Oracle and Palm appear to be lining up against them. The notion that open source code can freely contain patented elements is being found to be a figment of Google's imagination. The Android house of cards is teetering on the brink of falling down. Google may well be forced to pay major damages to Oracle over the stolen Java code used in the Android OS and then pay ongoing royalties as well, which will go against the free platform program. Forcing Google to charge a fee for each handset that uses the Android OS will certainly level the playing field a bit.

Should Apple prevail in it's attack on Android, Apple is far less likely to license their technology than Oracle is. Can Android survive a complete OS recompilation without infringing on Apple's extensive patent portfolio and still be appealing to consumers? Will current Android apps still run on a new rewritten operating system and revamped Android handsets that don't infringe on Apple's patented hardware technology? Will a new Android OS orphan existing Android phones?

Some patent experts don't think there is any way to work around extensively patented Apple iOS technology and still have a modern touch screen smartphone. That is the intention of patents, to keep proprietiory technology out of the hands of competitors. Google will likely rue the day they decided to forgo licensing the Java code. The also used Apple's iOS innovation they had to expect was patented. While all the competing smartphone platforms will benefit from Android being crushed, Apple stands to gain the lion's share of the market.

Steve Jobs and the CEO of Google at that time, Eric Schmidt were seen at a public sidewalk coffee shop having a very heated conversation a few years back. Rumor are that Steve Jobs has quite a temper. This was about the time Schmidt stepped down from the Apple board. One has to imagine Steve Jobs was furious that Google was launching Android based upon inside information regarding the unreleased iPhone. Schmidt apparently used inside information about the iPhone while having a fiduciary duty to not disclose or use Apple's trade secrets. Having Eric Schmidt on the Apple board turns out to have been a major problem.

The smartphone, or properly the mobile computer market, which includes touch screen tablets, is so huge and has such a growth potential, that the stakes for all the players are of "make or break" potential. Patents and the legal system suck, but that is the only game in town and Apple is playing it well. Google is likely to learn the hard way, that they aren't too big to get hurt getting caught stealing the intellectual property of others.

That is Greg's Bite out of Google's hide for today.

 

Community Search:
MacTech Search:

Software Updates via MacUpdate

Chromium 45.0.2454.85 - Fast and stable...
Chromium is an open-source browser project that aims to build a safer, faster, and more stable way for all Internet users to experience the web. Version 45.0.2454.85: Note: Does not contain the "... Read more
OmniFocus 2.2.5 - GTD task manager with...
OmniFocus helps you manage your tasks the way that you want, freeing you to focus your attention on the things that matter to you most. Capturing tasks and ideas is always a keyboard shortcut away in... Read more
iFFmpeg 5.7.1 - Convert multimedia files...
iFFmpeg is a graphical front-end for FFmpeg, a command-line tool used to convert multimedia files between formats. The command line instructions can be very hard to master/understand, so iFFmpeg does... Read more
VOX 2.6 - Music player that supports man...
VOX is a beautiful music player that supports many filetypes. The beauty is in its simplicity, yet behind the minimal exterior lies a powerful music player with a ton of features and support for all... Read more
Box Sync 4.0.6567 - Online synchronizati...
Box Sync gives you a hard-drive in the Cloud for online storage. Note: You must first sign up to use Box. What if the files you need are on your laptop -- but you're on the road with your iPhone? No... Read more
Carbon Copy Cloner 4.1.4 - Easy-to-use b...
Carbon Copy Cloner backups are better than ordinary backups. Suppose the unthinkable happens while you're under deadline to finish a project: your Mac is unresponsive and all you hear is an ominous,... Read more
OmniGraffle Pro 6.3.1 - Create diagrams,...
OmniGraffle Pro helps you draw beautiful diagrams, family trees, flow charts, org charts, layouts, and (mathematically speaking) any other directed or non-directed graphs. We've had people use... Read more
Monosnap 3.1.2 - Versatile screenshot ut...
Monosnap lets you capture screenshots, share files, and record video and .gifs! Capture: Capture full screen, just part of the screen, or a selected window Make your crop area pixel perfect with... Read more
Alfred 2.7.2 - Quick launcher for apps a...
Alfred is an award-winning productivity application for OS X. Alfred saves you time when you search for files online or on your Mac. Be more productive with hotkeys, keywords, and file actions at... Read more
Microsoft Remote Desktop 8.0.19 - Connec...
With Microsoft Remote Desktop, you can connect to a remote PC and your work resources from almost anywhere. Experience the power of Windows with RemoteFX in a Remote Desktop client designed to help... Read more

This Week at 148Apps: August 24-28, 2015
The Apps of August With 148Apps How do you know what apps are worth your time and money? Just look to the review team at 148Apps. We sort through the chaos and find the apps you're looking for. The ones we love become Editor’s Choice, standing out... | Read more »
NASCAR in Real Racing 3? Sure, Why Not?
I have to give Firemonkeys credit - it's very cool of them to add NASCAR to Real Racing 3 via an update rather than making a separate game for it. But that's a different discussion for another time; for now let's sit back and enjoy driving in... | Read more »
The nuyu is an Inexpensive Activity Moni...
Today, Health o Meter nuyu has announced a series of health and fitness-related products, including the aforementioned activity monitor along with a wireless scale. All at a decent pricepoint, no less. [Read more] | Read more »
The Makers of Overkill are Trying Someth...
Craneballs, the studio responsible for the Overkill series, is taking a little break from all that violence (a little break) to bring us Cube Worm - a 3D take on one of the most classic PC/calculator games in existence. [Read more] | Read more »
The Sandbox Welcomes Cutethulu in its La...
Another month, another update to Pixowl's The Sandbox. This time players can say hello to "Cutethulu" - an adorable little rendition of perhaps the most well known (and infamous) of the Elder Gods. [Read more] | Read more »
ReBoard: Revolutionary Keyboard (Utilit...
ReBoard: Revolutionary Keyboard 1.0 Device: iOS Universal Category: Utilities Price: $1.99, Version: 1.0 (iTunes) Description: Do everything within the keyboard without switching apps! If you are in WhatsApp, how do you schedule a... | Read more »
Tiny Empire (Games)
Tiny Empire 1.1.3 Device: iOS Universal Category: Games Price: $2.99, Version: 1.1.3 (iTunes) Description: Launch cannonballs and blow tiny orcs into thousands of pieces in this intuitive fantasy-themed puzzle shooter! Embark on an... | Read more »
Astropad Mini (Productivity)
Astropad Mini 1.0 Device: iOS iPhone Category: Productivity Price: $4.99, Version: 1.0 (iTunes) Description: *** 50% off introductory price! ​*** Get the high-end experience of a Wacom tablet at a fraction of the price with Astropad... | Read more »
Emo Chorus (Music)
Emo Chorus 1.0.0 Device: iOS Universal Category: Music Price: $1.99, Version: 1.0.0 (iTunes) Description: Realistic Choir simulator ranging from simple Chorus emulation to full ensemble Choir with 128 members. ### introductory offer... | Read more »
Forest Spirit (Games)
Forest Spirit 1.0.5 Device: iOS Universal Category: Games Price: $2.99, Version: 1.0.5 (iTunes) Description: | Read more »

Price Scanner via MacPrices.net

eFileCabinet Announces SMB Document Managemen...
Electronic document management (EDM) eFileCabinet, Inc., a hosted solutions provider for small to medium businesses, has announced that its SecureDrawer and eFileCabinet Online services will be... Read more
WaterField Designs Unveils American-Made, All...
San Francisco’s WaterField Designs today unveiled their all-leather Cozmo 2.0 — an elegant attach laptop bag with carefully-designed features to suit any business environment. The Cozmo 2.0 is... Read more
Apple’s 2015 Back to School promotion: Free B...
Purchase a new Mac or iPad at The Apple Store for Education and take up to $300 off MSRP. All teachers, students, and staff of any educational institution qualify for the discount. Shipping is free,... Read more
128GB MacBook Airs on sale for $100 off MSRP,...
B&H Photo has 11″ & 13″ MacBook Airs with 128GB SSDs on sale for $100 off MSRP. Shipping is free, and B&H charges NY sales tax only: - 11″ 1.6GHz/128GB MacBook Air: $799.99, $100 off MSRP... Read more
13-inch 2.5GHz MacBook Pro (refurbished) avai...
The Apple Store has Apple Certified Refurbished 13″ 2.5GHz MacBook Pros available for $829, or $270 off the cost of new models. Apple’s one-year warranty is standard, and shipping is free: - 13″ 2.... Read more
27-inch 3.2GHz iMac on sale for $1679, save $...
B&H Photo has the 27″ 3.2GHz iMac on sale for $1679.99 including free shipping plus NY sales tax only. Their price is $120 off MSRP. Read more
Apple and Cisco Partner to Deliver Fast-Lane...
Apple and Cisco have announced a partnership to create a “fast lane” for iOS business users by optimizing Cisco networks for iOS devices and apps. The alliance integrates iPhone with Cisco enterprise... Read more
Apple offering refurbished 2015 13-inch Retin...
The Apple Store is offering Apple Certified Refurbished 2015 13″ Retina MacBook Pros for up to $270 (15%) off the cost of new models. An Apple one-year warranty is included with each model, and... Read more
Apple refurbished 2015 MacBook Airs available...
The Apple Store has Apple Certified Refurbished 2015 11″ and 13″ MacBook Airs (the latest models), available for up to $180 off the cost of new models. An Apple one-year warranty is included with... Read more
21-inch iMacs on sale for up to $120 off MSRP
B&H Photo has 21″ iMacs on sale for up to $120 off MSRP including free shipping plus NY sales tax only: - 21″ 1.4GHz iMac: $999.99 $100 off - 21″ 2.7GHz iMac: $1199.99 $100 off - 21″ 2.9GHz iMac... Read more

Jobs Board

*Apple* Desktop Analyst - KDS Staffing (Unit...
…field and consistent professional recruiting achievement. Job Description: Title: Apple Desktop AnalystPosition Type: Full-time PermanentLocation: White Plains, NYHot Read more
Simply Mac- *Apple* Specialist- Store Manag...
Simply Mac is the largest premier retailer for Apple products and solutions. We're looking for dedicated individuals with a passion to simplify and enhance the Read more
*Apple* Evangelist - JAMF Software (United S...
The Apple Evangelist is responsible for building and cultivating strategic relationships with Apple 's small and mid-market business development field teams. This Read more
*Apple* Retail - Multiple Positions (US) - A...
Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the store, you're also the Read more
*Apple* Desktop Analyst - KDS Staffing (Unit...
…field and consistent professional recruiting achievement. Job Description: Title: Apple Desktop AnalystPosition Type: Full-time PermanentLocation: White Plains, NYHot Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.