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

BusyCal 3.1.7 - Powerful calendar app wi...
BusyCal is an award-winning desktop calendar that combines personal productivity features for individuals with powerful calendar sharing capabilities for families and workgroups. Its unique features... Read more
Lyn 1.8.9 - Lightweight image browser an...
Lyn is a fast, lightweight image browser and viewer designed for photographers, graphic artists, and Web designers. Featuring an extremely versatile and aesthetically pleasing interface, it delivers... Read more
Tweetbot 2.5 - Popular Twitter client.
Tweetbot is a full-featured OS X Twitter client with a lot of personality. Whether it's the meticulously-crafted interface, sounds and animation, or features like multiple timelines and column views... Read more
Monolingual 1.7.8 - Remove unwanted OS X...
Monolingual is a program for removing unnecesary language resources from OS X, in order to reclaim several hundred megabytes of disk space. If you use your computer in only one (human) language, you... Read more
Dash 4.0.3 - Instant search and offline...
Dash is an API documentation browser and code snippet manager. Dash helps you store snippets of code, as well as instantly search and browse documentation for almost any API you might use (for a full... Read more
Posterino 3.3.6 - Create posters, collag...
Posterino offers enhanced customization and flexibility including a variety of new, stylish templates featuring grids of identical or odd-sized image boxes. You can customize the size and shape of... Read more
Apple Numbers 4.1.1 - Apple's sprea...
With Apple Numbers, sophisticated spreadsheets are just the start. The whole sheet is your canvas. Just add dramatic interactive charts, tables, and images that paint a revealing picture of your data... Read more
Apple Pages 6.1.1 - Apple's word pr...
Apple Pages is a powerful word processor that gives you everything you need to create documents that look beautiful. And read beautifully. It lets you work seamlessly between Mac and iOS devices, and... Read more
iClock Pro 3.4.9 - Customize your menuba...
iClock Pro is a menu bar replacement clock for Apple's default clock. iClock Pro is an update, total rewrite and improvement to the popular iClock. Have the day, date and time in different fonts and... Read more
Typinator 7.2 - Speedy and reliable text...
Typinator turbo-charges your typing productivity. Type a little. Typinator does the rest. We've all faced projects that require repetitive typing tasks. With Typinator, you can store commonly used... Read more

Latest Forum Discussions

See All

Get up to speed with everything you need...
In case you haven’t heard, MU Origin just got a colossal new update with new all-server events, battle modes, and systems making their way to the land of MU. Here’s a handy guide to everything you need to know about the latest content. [Read... | Read more »
Minimalist puzzle game, Cuts, free on iO...
If you're looking for a gorgeous puzzle experience on iOS devices, developer Gamebra.in's aesthetically interesting puzzler, Cuts, is discounted to free on the iOS App Store right now. [Read more] | Read more »
Anime tactical RPG, War of Crown, comes...
If you're looking for another tactical RPG fix to go alongside your Fire Emblem Heroes campaigns check out Gamevil's newest, anime-inspired tactics RPG, War of Crown, which comes out tomorrow. [Read more] | Read more »
Fantasy MMORPG MU Origin adds new modes,...
MU Origin, Webzen’s highly popular fantasy MMORPG is getting ready to shake things up for the second time this year, as a new update makes its way to the Google Play and App Store from today. Introducing new systems, modes, and events, the land of... | Read more »
Blizzard is looking to hire a mobile dev...
A new thread on the popular video game rumor forum, NeoGAF, uncovered an interesting job listing over at Blizzard Entertainment. It appears the studio behindStarCraft, World of WarCraft, Hearthstone,andOverwatch is looking to bring on a new hire... | Read more »
Legend of Zelda meets Cooking Mama in ne...
Dungeon Chef is what happens when you mix the RPG elements (and style) of a Legend of Zelda game, with cooking elements. Although, now that The Legend of Zelda: Breath of the Wild also has cookingelements, so maybe the gameplay is not so novel.... | Read more »
ChordFlow (Music)
ChordFlow 1.0.0 Device: iOS Universal Category: Music Price: $6.99, Version: 1.0.0 (iTunes) Description: ChordFlow is a chord sequencer with a unique 4-track polyphonic arpeggiator, extensive chord library, MIDI out and Ableton Link... | Read more »
The Walking Dead: A New Frontier is out...
The newest season of Telltale Games'The Walking Dead is well underway. After the release of the third episode, "Above the Law" about a month ago, episode four, "Thicker Than Water" is hot and ready for more zombies and gut-wrenching emotional... | Read more »
Best games we played this week
Another week, another new wave of mobile games do dive into. We've dug through the list of apps that came out this week to tell you which apps are worth your sweet time. And while there weren't too many games this week, there were some big ones.... | Read more »
Vignettes (Games)
Vignettes 1.0.1 Device: iOS Universal Category: Games Price: $2.99, Version: 1.0.1 (iTunes) Description: Vignettes is a casual but unique exploration game without text or characters, where objects shapeshift as you spin them around... | Read more »

Price Scanner via MacPrices.net

“Today at Apple” Bringing New Educational Ses...
Apple has announced plans to launch dozens of new educational sessions next month in all 495 Apple Stores ranging in topics from photo and video to music, coding, art and design, and more. The hands-... Read more
Smart Finance Free Comprehensive Personal Fin...
Moscow-based indie developer, Alexander Survillo has announced the release and immediate availability of Smart Finance: Personal Finance, Budget & Money 1.1.4, an update to his comprehensive... Read more
12-inch 1.1GHz Retina MacBooks on sale for $1...
B&H has 12″ 1.1GHz Retina MacBooks on sale for $100 off MSRP. Shipping is free, and B&H charges NY & NJ sales tax only: - 12″ 1.1GHz Space Gray Retina MacBook: $1199.99 $100 off MSRP - 12... Read more
13-inch 2.7GHz Retina MacBook Pro on sale for...
B&H Photo has the 13″ 2.7GHz Retina MacBook Pro on sale for $130 off MSRP. Shipping is free, and B&H charges NY & NJ tax only: - 13″ 2.7GHz/128GB Retina MacBook Pro (MF839LL/A): $1169 $... Read more
15-inch 2.2GHz Retina MacBook Pros available...
B&H Photo has the 15″ 2.2GHz Retina MacBook Pro available for $200 off MSRP including free shipping plus NY & NJ sales tax only: - 15″ 2.2GHz Retina MacBook Pro (MJLQ2LL/A): $1799.99 $200 off... Read more
13-inch Touch Bar MacBook Pros on sale for up...
B&H Photo has the 2016 Apple 13″ Touch Bar MacBook Pros in stock today for up to $150 off MSRP. Shipping is free, and B&H charges NY & NJ sales tax only: - 13″ 2.9GHz/512GB Touch Bar... Read more
Apple refurbished Apple TVs available for up...
Apple has Certified Refurbished 32GB and 64GB Apple TVs available for up to $30 off the cost of new models. Apple’s standard one-year warranty is included with each model, and shipping is free: -... Read more
12-inch 1.2GHz Retina MacBooks on sale for up...
B&H has 12″ 1.2GHz Retina MacBooks on sale for up to $160 off MSRP. Shipping is free, and B&H charges NY sales tax only: - 12″ 1.2GHz Space Gray Retina MacBook: $1439.99 $160 off MSRP - 12″ 1... Read more
HyperX Ships Pulsefire FPS Gaming Mouse, Winn...
Your reporter is a longtime fan of gaming mice for general purpose coomnputing use, finding them typically superior in comfort and performance. HyperX, a division of Kingston Technology Company, Inc... Read more
Penske Truck Leasing Unveils “Penske Fleet” M...
Penske Truck Leasing has introduced a free mobile app called “Penske Fleet” to benefit its full-service truck leasing and contract maintenance customers. The mobile app enables Penske’s customers to... Read more

Jobs Board

*Apple* Mobile Master - Best Buy (United Sta...
**500710BR** **Job Title:** Apple Mobile Master **Location Number:** 000279-North Olmsted-Store **Job Description:** **What does a Best Buy Apple Mobile Master Read more
*Apple* Engineering Specialist - CSRA (Unite...
Apple Engineering Specialist All times are in Eastern Daylight Time Requisition ID Job Locations US DC Washington DC Posted Date Category Engineering Sciences Read more
*Apple* Mac Computer Technician - GeekHampto...
…complex computer issues over the phone and in person? GeekHampton, Long Island's Apple Premium Service Provider, is looking for you! Come work with our crew Read more
*Apple* Retail - Multiple Positions - Apple,...
Job Description: Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the store, Read more
*Apple* Solutions Consultant - Apple (United...
# Apple Solutions Consultant Job Number: 56881986 Middletown, NY, New York, United States Posted: Apr. 17, 2017 Weekly Hours: 40.00 **Job Summary** As an Apple Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.