I wish Sun has set up the JCP properly after the Apache/IBM push for reform. At this point, I’d say Oracle isn’t a good steward for Java Community. Java had a huge goodwill and community participation, everything seems to be going silent and there isn’t anywhere near the interest in new releases now.
Scott Hamilton I’m never going to forgive Oracle for trying to claim copyright on a fucking API. That should be invalid for the same reason that you can’t claim a copyright on a recipe.
“Catz acknowledged that Oracle had considered developing its own phone but did not pursue the project.”
Lol, because you can’t charge the user 10k per year… they have always been a borderline parasitic entity, and now they are howling because their customers don’t want to be drained.
They backed the wrong horse, the market was moving away from server side rendering of webpages and Java for mobiles was always an afterthought with no traction. Oracle basically bought Sun after Java peaked. Tough shit.
I could imagine the software engineers’ revenge making IP law obsolete. What if the famed Singularity turned out to have the form of a serviable omniscient — an intellectual owner of everything “new” you could think of?
Adam Black I was about to say that that would be ridiculous, but then I remembered that the American patent office has granted software patents a lot dumber than that. On the bright side, they rarely stand up in court.
God Emperor Lionel Lauer You cant have forgotten, already that Apple literally got a “design patent” for Tablets of a “rectangle with rounded corners” , and then sucessfully sued Samsung over it, for their first Android tablets and phones.
Our patent is contradictory. Ideas aremt supposed to be patented, only applications, but in practice they are.
Processes are patent-able but algorithms since they are mathematics ( ?) and considered laws of nature are not. Even though algorithms are processes.
I think recipes are patentable, hence my asking about that. Software patents in this mess make no sense at all. Unless only analog programs are patent-able. Most of this system isnt even statutory and based on very recent case-law, only.
This patent system deserves accusing of misnaming as patents what it distributes, which aren’t really proofs or even seriously intended to be proofs of true intellectual ownership before any test in court.
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What Sun’s business model was, implies the free distribution of Java for larger platforms boiled down to advanced advertisement for the intended lucrative business. Of billing access to Java [and Java developers mindshare] applied to mobile applications. Google found an elegant way to “free” the developer attentions Sun had “enslaved” to their yet unaccomplished lucrative purpose.
No, there is no form of intellectual property protection for recipes – not patents, not copyrights, nor anything else. That’s why (apart from the marketing aspects) Coca Cola & KFC keep their recipes secret.
They just have to novel, and non-obvious, which is a steep hurdle.
Coca-Cola and KFC keep their recipes secret, because US Trade-secrets laws are stricter. They can protect it , long after they would have entered the public domain.
Adam Black Nope. Or at least not in general. Notice that all the examples given in the article are about novel processes, most of which are industrial – they’re not about what a typical person would consider a recipe. Getting back on-topic, there’s nothing novel about the Java API. More importantly, there’s a unrelated, but really good reason why Oracle can’t patent the Java API – want to take a shot at what it is?
Coca-Cola and KFC keep their recipes secret, because US Trade-secrets laws are stricter. They can protect it , long after they would have entered the public domain.
Doesn’t make a lot of sense. A trade secret is information that either can’t be protected at all, (eg; the ingredients in Coke, or in KFC seasoning), or can’t usefully be protected, because doing so would necessarily make it public (true of patents & registered copyrights). I’m no expert, but my understanding is that there actually isn’t much legal protection for trade secrets, except in the sense that you can sue an employee who steals or reveals them, for example – assuming that their employment contract covers that.
US patent law doesnt preclude Trade Secret protection, but its at the State level. Trade secrets laws are used to protect post-filing art , and improvements until expiration . Technology can be protected wtih a combination. ( but obviously whats listed in the patent is public knowledge ) .
You can also get legal injunctions against a violator — long after a patent would have expired.
Adam Black And there you see the weakness of trade secrets. If you invent a process (or a recipe, etc), but keep it secret, absent a smoking gun, it’s awfully hard to prove that the other party didn’t just come up with the same idea themself, or worse, that they didn’t think of it before you, which is something that genuinely happens a lot.
Oh sure, because Oracle is such a big name in the embedded market. LOL.
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I wish Sun has set up the JCP properly after the Apache/IBM push for reform. At this point, I’d say Oracle isn’t a good steward for Java Community. Java had a huge goodwill and community participation, everything seems to be going silent and there isn’t anywhere near the interest in new releases now.
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Scott Hamilton I’m never going to forgive Oracle for trying to claim copyright on a fucking API. That should be invalid for the same reason that you can’t claim a copyright on a recipe.
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God Emperor Lionel Lauer Like anyone is going to invent a different API for string comparison, or opening a socket..
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Scott Hamilton Exactly. It’s like being able to copyright how to boil a fucking egg.
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Of course they do.
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“Catz acknowledged that Oracle had considered developing its own phone but did not pursue the project.”
Lol, because you can’t charge the user 10k per year… they have always been a borderline parasitic entity, and now they are howling because their customers don’t want to be drained.
They backed the wrong horse, the market was moving away from server side rendering of webpages and Java for mobiles was always an afterthought with no traction. Oracle basically bought Sun after Java peaked. Tough shit.
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Java is open source, right ?
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The real booty is or was of course trained developer mindshare. Monopoly access to Java-trained developer mind-share for mobile application.
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Adam Black open source but with APIs that are copyrighted.
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John Hardy not a Turnbull fan The court that allowed copyright on the Java APIs was wrong in law. An API is a recipe, not a creative work.
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God Emperor Lionel Lauer
Are you saying Oracle needs to patent the APIs to be legal?
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Adam Black As they don’t present a method to do anything, they’re not patentable either.
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I could imagine the software engineers’ revenge making IP law obsolete. What if the famed Singularity turned out to have the form of a serviable omniscient — an intellectual owner of everything “new” you could think of?
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Because Oracle owns the copyright on .toString() and .length()
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God Emperor Lionel Lauer
A generic patent to use the specific APIs to program, with ? Its not like software patents are known to be specific
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Adam Black I was about to say that that would be ridiculous, but then I remembered that the American patent office has granted software patents a lot dumber than that. On the bright side, they rarely stand up in court.
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God Emperor Lionel Lauer
tell it to Ohio-Art
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Adam Black What did they patent?
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God Emperor Lionel Lauer
They had ‘prior art’ on the etch-a-sketch.. yet …Steve Jobs, ( and it hasnt been overturned )
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Adam Black What? I didn’t understand any of that. Are you saying that someone tried to re-patent the (long-expired) etch-a-sketch¿
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God Emperor Lionel Lauer You cant have forgotten, already that Apple literally got a “design patent” for Tablets of a “rectangle with rounded corners” , and then sucessfully sued Samsung over it, for their first Android tablets and phones.
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Adam Black Oh yes, of course. Personally, I thought the most apropos prior art for that case was the actual tablets in the movie 2001.
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God Emperor Lionel Lauer
Our patent is contradictory. Ideas aremt supposed to be patented, only applications, but in practice they are.
Processes are patent-able but algorithms since they are mathematics ( ?) and considered laws of nature are not. Even though algorithms are processes.
I think recipes are patentable, hence my asking about that. Software patents in this mess make no sense at all. Unless only analog programs are patent-able. Most of this system isnt even statutory and based on very recent case-law, only.
It ought to ripped by by its roots.
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This patent system deserves accusing of misnaming as patents what it distributes, which aren’t really proofs or even seriously intended to be proofs of true intellectual ownership before any test in court.
*
What Sun’s business model was, implies the free distribution of Java for larger platforms boiled down to advanced advertisement for the intended lucrative business. Of billing access to Java [and Java developers mindshare] applied to mobile applications. Google found an elegant way to “free” the developer attentions Sun had “enslaved” to their yet unaccomplished lucrative purpose.
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Adam Black I think recipes are patentable
No, there is no form of intellectual property protection for recipes – not patents, not copyrights, nor anything else. That’s why (apart from the marketing aspects) Coca Cola & KFC keep their recipes secret.
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God Emperor Lionel Lauer I dont think so . Recipes are just processes , and process are patent-able.
http://www.uspto.gov/custom-page/inventors-eye-advice-1
They just have to novel, and non-obvious, which is a steep hurdle.
Coca-Cola and KFC keep their recipes secret, because US Trade-secrets laws are stricter. They can protect it , long after they would have entered the public domain.
Google Scholar says….
https://scholar.google.com/scholar?hl=en&q=%22Patented+recipe+for%22&btnG=&as_sdt=1%2C22&as_sdtp=
PB&J sandwich patent
http://www.ipwatchdog.com/2012/02/10/the-law-of-recipes-are-recipes-patentable/id=22223/
YUP they are.
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Adam Black Nope. Or at least not in general. Notice that all the examples given in the article are about novel processes, most of which are industrial – they’re not about what a typical person would consider a recipe. Getting back on-topic, there’s nothing novel about the Java API. More importantly, there’s a unrelated, but really good reason why Oracle can’t patent the Java API – want to take a shot at what it is?
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Adam Black And this:
Coca-Cola and KFC keep their recipes secret, because US Trade-secrets laws are stricter. They can protect it , long after they would have entered the public domain.
Doesn’t make a lot of sense. A trade secret is information that either can’t be protected at all, (eg; the ingredients in Coke, or in KFC seasoning), or can’t usefully be protected, because doing so would necessarily make it public (true of patents & registered copyrights). I’m no expert, but my understanding is that there actually isn’t much legal protection for trade secrets, except in the sense that you can sue an employee who steals or reveals them, for example – assuming that their employment contract covers that.
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God Emperor Lionel Lauer
Trade secrets can be officially registered as such. i think users of trade secrets can be sued too. I think you can sue if someone profits off them.
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God Emperor Lionel Lauer
US patent law doesnt preclude Trade Secret protection, but its at the State level. Trade secrets laws are used to protect post-filing art , and improvements until expiration . Technology can be protected wtih a combination. ( but obviously whats listed in the patent is public knowledge ) .
You can also get legal injunctions against a violator — long after a patent would have expired.
https://en.wikipedia.org/wiki/Trade_secret#United_States
3 states including my own, rely on Common Law.
Under https://en.wikipedia.org/wiki/Uniform_Trade_Secrets_Act
47 states have passed , Trade secrets arent exclusionary.
Multiple parties can have the same trade secrets if acquired from different means.
Although would seem to make enforcement difficult. Can one party sue another if they reveal their own secret?
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Adam Black And there you see the weakness of trade secrets. If you invent a process (or a recipe, etc), but keep it secret, absent a smoking gun, it’s awfully hard to prove that the other party didn’t just come up with the same idea themself, or worse, that they didn’t think of it before you, which is something that genuinely happens a lot.
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