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

Apple Pro Video Formats 2.0.1 - Updates...
Apple Pro Video Formats brings updates to Apple's professional-level codes for Final Cut Pro X, Motion 5, and Compressor 4. Version 2.0.1: Support for the following professional video codecs Apple... Read more
Maya 2015 - Professional 3D modeling and...
Maya is an award-winning software and powerful, integrated 3D modeling, animation, visual effects, and rendering solution. Because Maya is based on an open architecture, all your work can be scripted... Read more
EtreCheck 2.2 - For troubleshooting your...
EtreCheck is a simple little app to display the important details of your system configuration and allow you to copy that information to the Clipboard. It is meant to be used with Apple Support... Read more
OmniOutliner Pro 4.2 - Pro version of th...
OmniOutliner Pro is a flexible program for creating, collecting, and organizing information. Give your creativity a kick start by using an application that's actually designed to help you think. It's... Read more
VLC Media Player 2.2.1 - Popular multime...
VLC Media Player is a highly portable multimedia player for various audio and video formats (MPEG-1, MPEG-2, MPEG-4, DivX, MP3, OGG, ...) as well as DVDs, VCDs, and various streaming protocols. It... Read more
Nisus Writer Pro 2.1.1 - Multilingual wo...
Nisus Writer Pro is a powerful multilingual word processor, similar to its entry level products, but brings new features such as table of contents, indexing, bookmarks, widow and orphan control,... Read more
Tinderbox 6.2.0 - Store and organize you...
Tinderbox is a personal content management assistant. It stores your notes, ideas, and plans. It can help you organize and understand them. And Tinderbox helps you share ideas through Web journals... Read more
OmniOutliner 4.2 - Organize your ideas,...
OmniOutliner is a flexible program for creating, collecting, and organizing information. Give your creativity a kick start by using an application that's actually designed to help you think. It's... Read more
calibre 2.25.0 - Complete e-library mana...
Calibre is a complete e-book library manager. Organize your collection, convert your books to multiple formats, and sync with all of your devices. Let Calibre be your multi-tasking digital librarian... Read more
Things 2.5.4 - Elegant personal task man...
Things is a task management solution that helps to organize your tasks in an elegant and intuitive way. Things combines powerful features with simplicity through the use of tags and its intelligent... Read more

Watch This Homerun is Batting for the Ap...
Eyes Wide Games' Watch This Homerun is purportedly the first sports game coming to the Apple Watch, where you'll be up to bat as the pitcher tries to out-manuever you with fastballs, curveballs, and changeups. Using one-touch controls you can try to... | Read more »
Field Trip Can Take You on a Guided Tour...
Field Trip, by Google’s Niantic Labs, is an exploration app that gives you details about the awesome places you can discover wherever you find yourself. The app can show you local history, delicious restraunts, the best places to shop, and places to... | Read more »
Watch Your Six - SPY_WATCH is Infiltrati...
SPY_WATCH, by Bossa Studios, is a new game designed for the Apple Watch. Runmor has it your spy agency has fallen out of favor. To save it, you'll need to train-up a spy and send them on missions to earn you a stunningly suspicious reputation and... | Read more »
Both Halo: Spartan Assault and Halo: Spa...
Halo: Spartan Assault and Halo: Spartan Strike, by Microsoft, have officially landed on the App Store. Spartan Assault pits you against the Covenant with missions geared to tell the story of the origin of Spartan Ops. In Spartan Strike you'll delve... | Read more »
The Apple Watch Could Revolutionize the...
It’s not here yet but there’s that developing sneaky feeling that the Apple Watch, despite its price tag and low battery life, might yet change quite a lot about how we conduct our lives. While I don’t think it’s going to be an overnight... | Read more »
Mad Skills Motocross 2 Version 2.0 is He...
Mad Skills Motocross 2 fans got some good news this week as Turborilla has given the game its biggest update yet. Now you'll have access to Versus mode where you can compete against your friends in timed challenges. Turborilla has implemented a... | Read more »
Kids Can Practice Healthy Living With Gr...
Bobaka is releasing a new interactive book called Green Riding Hood  in May. The app teaches kids about yoga and organic style of life through mini-games and a fun take on the classic Little Red Riding Hood fairy tale. | Read more »
Chainsaw Warrior: Lords of the Night has...
It's time to put the Darkness back in its place now that Chainsaw Warrior: Lords of the Night has officially made it to iOS. | Read more »
A World of Ice and Fire Lets You Stalk 2...
George R. R. Martin’s A World of Ice and Fire, by Random House, is a mobile guide to the epic series. The new update gives you the Journeys map feture that will let you track the movements of 25 different characters. But don't worry, you can protect... | Read more »
Gameloft Announces Battle Odyssey, a New...
Battle Odyssey, Gameloft's newest puzzle RPG, is coming to the App Store next week. Set in the world of Pondera, you will need to control the power of the elements to defend the world from evil. You'll be able to entlist over 500 allies to aid you... | Read more »

Price Scanner via MacPrices.net

Sale! 15-inch Retina MacBook Pros for up to $...
 MacMall has 15″ Retina MacBook Pros on sale for up to $255 off MSRP. Shipping is free: - 15″ 2.2GHz Retina MacBook Pro: $1794.99 save $205 - 15″ 2.5GHz Retina MacBook Pro: $2244.99 save $255 Adorama... Read more
New 2015 MacBook Airs on sale for up to $75 o...
Save up to $75 on the purchase of a new 2015 13″ or 11″ 1.6GHz MacBook Air at the following resellers. Shipping is free with each model: 11" 128GB MSRP $899 11" 256GB... Read more
Clearance 13-inch Retina MacBook Pros availab...
B&H Photo has leftover 2014 13″ Retina MacBook Pros on sale for up to $250 off original MSRP. Shipping is free, and B&H charges NY sales tax only: - 13″ 2.6GHz/128GB Retina MacBook Pro: $1129... Read more
Clearance 2014 MacBook Airs available startin...
B&H Photo has clearance 2014 MacBook Airs available for up to $200 off original MSRP. Shipping is free, and B&H charges NY sales tax only: - 11″ 128GB MacBook Air: $729 $170 off original MSRP... Read more
Taichi Temple First Tai Chi Motion Sensor App...
Zhen Wu LLC has announced the official launch of Taichi Temple 1.0, the first motion sensor app for Tai Chi, offering a revolutionary new way to de-compress, relax and exercise all at the same time.... Read more
CleanExit – Erase your Hard Drive Quickly, Se...
CleanExit works on both Macs and PCs, securely and permanently deleting all files from any type of hard drive, flash-based drive or camera media card making the files permanently unrecoverable.... Read more
250 iPhone 6 Tips eBook Released for $1.99
Bournemouth, UK based iOS Guides has released 250 iPhone 6 Tips, a new eBook available in the iBookstore that reveals a wealth of tips and tutorials for iPhone 6 and iPhone 6 Plus. Priced at $1.99,... Read more
TigerText Introduces First Secure Enterprise...
TigerText, a provider of secure, real-time messaging for the enterprise, has announced the launch of TigerText for the Apple Watch. TigerText for the Apple Watch enables users to securely send and... Read more
The Conservation Fund Partners with Apple To...
The Conservation Fund has announced that it will partner with Apple to help protect working forests in the United States. The Apple initiative will conserve more than 36,000 acres of working... Read more
Clearance 13-inch 2.6GHz Retina MacBook Pro a...
B&H Photo has clearance 2014 13″ 2.6GHz/128GB Retina MacBook Pros now available for $1099, or $200 off original MSRP. Shipping is free, and B&H charges NY sales tax only. Read more

Jobs Board

*Apple* Solutions Consultant - Retail Sales...
**Job Summary** As an Apple Solutions Consultant (ASC) you are the link between our customers and our products. Your role is to drive the Apple business in a retail Read more
*Apple* Solutions Consultant - Retail Sales...
**Job Summary** As an Apple Solutions Consultant (ASC) you are the link between our customers and our products. Your role is to drive the Apple business in a retail Read more
DevOps Software Engineer - *Apple* Pay, iOS...
**Job Summary** Imagine what you could do here. At Apple , great ideas have a way of becoming great products, services, and customer experiences very quickly. Bring Read more
*Apple* Pay - Site Reliability Engineer - Ap...
**Job Summary** Imagine what you could do here. At Apple , great ideas have a way of becoming great products, services, and customer experiences very quickly. Bring Read more
Sr. Technical Services Consultant, *Apple*...
**Job Summary** Apple Professional Services (APS) has an opening for a senior technical position that contributes to Apple 's efforts for strategic and transactional Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.