Linux and Open Source

Steven J. Vaughan-Nichols & Paula Rooney

Oracle sues Android hours after posing as open source advocate at LinuxCon

By | August 13, 2010, 9:41am PDT

Summary: Oracle’s backstabbing, cutthroat legacy resurfaced last night in grand fashion, no doubt after all its execs flying back from LinuxCon cleared the runway. Oracle had a huge presence at the Linux conference this week.  Wim Coekarts, senior vice president of Linux Engineering at Oracle, delivered one of the first major keynotes at the show. Did he [...]

Oracle’s backstabbing, cutthroat legacy resurfaced last night in grand fashion, no doubt after all its execs flying back from LinuxCon cleared the runway.

Oracle had a huge presence at the Linux conference this week.  Wim Coekarts, senior vice president of Linux Engineering at Oracle, delivered one of the first major keynotes at the show. Did he know?

Then, just hours after the three-day conference ended,  after Eben Moglen’s somber keynote about more patent litigation, the proprietary software giant violated the biggest no-nos in the open source world and filed a major patent infringement case against Google’s Linux-based Android.

When I read the headline, I had to check my calendar to make sure it wasn’t April 1. How rude, really.

I mean, it’s sort of like being the best man at a friend’s wedding and trying to kill the couple after the reception.

But perhaps I jumped to the wrong conclusion. Maybe Oracle was quietly challenging Google to get them to put their code back into the kernel — or to give MeeGo a better prospect in the Linux mobile market? Was there some way this could be interpreted as a pro for open source? No. No.

Then I remembered that this is still Larry Ellison’s company.  There’s no silver lining here for open source advocates.  I covered both Oracle and Microsoft in the 90s and 00s and concluded that while both were vicious competitors that the former was far more of an evil empire than the latter.

You know, Ellison, the guy who bought up all of his rivals in the application market to kill competition? The guy who opened his heart to the channel in the mid 90s –and then after stealing their customers and clients — showed them the door?  The one whose paid assassins way oversold extremely complicated, extremely overpriced software to corporate customers — and left them hanging in the wind? The one who launched his own brand of Linux — and set off a firestorm about fragmentation?

He’s got tons of money, tough lawyers and ownership of Sun, Java, OpenOffice and MySQL — and by virtue of becoming part of the community last year — deeper insights into the entire FOSS community, that is, its Achilles heels and other less known details open source companies don’t like to share with their proprietary nemeses.

Starting to feel nauseous?

We should not be surprised. Oracle is a proprietary software company whose fortune and future is heartily threatened by open source.  His deal to buy Sun — an obvious end run around the feds to get mySQL — has always been suspicious.

Now, armed with the recent Bilski decision, Ellison is ready to do what Microsoft has not done : take Linux to court.

And it’s going to be a doozy —  far more animated than the IBM-SCO yawner.

Ironically, Google — which has been in the doghouse with a few in the industry — has become the de facto open source love child overnight.

I heartily agree with my colleague Dana Blankenhorn, who advises Google to stand tough against the threat of patents and not to succumb to the temptation to sign a compromise with Oracle that spells trouble for the company and indeed the open source community for years to come.

Business is business. But really, Larry, sending your guys to LinuxCon?

Miss Manners would disapprove.

Please jump in on the bandwagon and send me all your comments.

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Topics

Paula Rooney is a Boston-based writer who has followed the tech industry for almost two decades.

Disclosure

Paula Rooney

Paula Rooney owns no stock in the companies that she covers. She holds a 401K that is managed by Morgan Stanley.

Biography

Paula Rooney

Paula Rooney has covered the software and technology industry for more than 20 years, starting with semiconductor design and mini-computer systems at EDN News and later focused on PC software companies including Microsoft, Lotus, Oracle, Red Hat, Novell and other open source and commercial software companies for CRN and PCWeek. She received a silver award from the American Society of Business Publication Editors in 2005 for her profile on Linus Torvalds and edited and co-authored "Partnering With Microsoft," a book about Microsoft's channel published by CMP Publishing in 2004. Rooney graduated from the Columbia University Graduate School of Journalism in 1997. In her off time, she enjoys scuba diving, sailing, sun worshipping, running, reading, surfing (the net) and hanging out with her family. She resides on the shores of Scituate, Massachusetts.

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RE: Oracle sues Android hours after posing as open source advocate at LinuxCon this week
zdnet lover 4th Nov
who advises Google to stand tough against the threat of patents and not to succumb to the temptation to sign a compromise with a home of google update a site compare with linux a contact site from another big company a website which upgrade always a home page is the best Oracle.
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Uh oh.
People 13th Aug 2010
Oracle takes aim that the beloved Google. Villianize big bad Oralce!
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Like many, from here on, I will insure that zdnet Oracle products are never again used by our companies snag or clients. They wul eventually hear its clients our the lack there of.
Oracle sues about it is bank that website attacked from the site support from any soldier site to the light home page is great Android
Sun, Java, OpenOffice and MySQL and by virtue of becoming a home of google update a site compare with linux a contact site from another big company a website which upgrade always a home page is the best part.
who advises Google to stand tough against the threat of patents and not to succumb to the temptation to sign a compromise with a home of google update a site compare with linux a contact site from another big company a website which upgrade always a home page is the best Oracle.
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Larry can still do good
Linux Geek 13th Aug 2010
if he retracts this lawsuit and gives some grants and donations to the FOSS developers to buy good will.
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Why
People 13th Aug 2010
@Linux Geek

Why should Oracle play nice?
@People
because the community is the strongest ally of any tech company.
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I don't think so.
People Updated - 13th Aug 2010
@Linux Geek

Really I don't. The customer is. Community and customer is not necessarily the same thing.

What you are telling me is that zealotry trumps rationality.
@People

What you saying is that community equals zealotry?

Most rational thing is not to buy anything from Oracle. This action only made this more obvious.

Free software community can be strongest ally of technology company. To bad Oracle will not see that because they are bunch of brainless Gollums.

They will end up like Sun. Free software competition will push them into defense, it will make them opensource everything in order to even be competitive. They will either open source everything or be obliterated. Just like Sun was forced into opensourcing by Red Hat and other competition.

5 yeas from now, Oracle will be pure play open source company, or there will be no Oracle.
@People
Because suing your developers/customers will destroy your business - just ask SCO. Oracle's monetize Java bid will kill Java use by developers worried about also being sued.
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Everybody loves 'their' proprietary code
harpreetsb@... 13th Aug 2010
M$ loves Windows, Goog loves Search, Oracle just "protects" DB code
I think its the time for google to think about making a new database strategy and acquire PostgreSQL like company and make it as big of a competition for oracle. Oracle might have money but no support this disgusting and shameful action and for the greater good I think this is the time when we should start the debate about software patent law and get rid of that stupid system completely.
@vigya@...

I love how everyone takes Google's side on this. If you read the claim, it is valid. Mobile Java has never been open source, only the desktop version is, and even that has some loop-holes.

We have been thinking this law suit was going to happen since Andriod came out: http://www.zdnet.com/blog/burnette/sungoogle-android-fight-overblown/469
but people shrugged it off because Sun didn't have the money to do anything about it. Well Oracle does, and something tells me that they wouldn't go after a big dog like Google without knowing they could win.

Here is a good article on how the creator of Java feels about the lawsuit (spoiler he is not surprised): http://www.eweek.com/c/a/Application-Development/Java-Creator-Gosling-Oracles-Android-Lawsuit-is-No-Surprise-272156/
@Shmythey
Errr.. I hate to break this to you, but Android does not use Java or Mobile Java VM. Android uses the Dalvik VM in order to avoid problems like this.

I have read the claim - I can't see anything valid in it. It is an over broad patent claim which has plenty of prior art to invalidate it. It is different from Microsoft's J++ which broke Sun's licensing conditions. Google hasn't licensed any code from Sun/Oracle, Dalvik is clean room code and the VM differs from the Java VM.
@vigya@...
If Google is let go, then Oracle should pay back whatever Sun got from the Java suit against Microsoft, because whatever MS did at that time was similar to whatever Google is doing now. When MS J++ was not Java then Google's Dalvik is not Java and of course it is true, but at the same time it tresspasses "not open source Java for Embedded."
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This was just stopping google from ripping them off
Johnny Vegas Updated - 13th Aug 2010
yeah they have a backstabbing cutthroat legacy but that is not this. google could have bought this ip or sun entirely. they chose to take the ip (now oracles and never open source) and give it away without paying oracle for it. plain and simple.

and please stop with the google crap. they are nothing like an open source love child. they have made billions off linux without giving any of their bug fixes or perf tweaks back to the community. they are just as evil as oracle is or ever was and both are an order of magnitude beyond MS, who btw must be loving the timing of this for WP7. This will give them the opening they were looking for to do to android what they did to linux on netbooks when it started out at 100% share.

Pure greed is the only thing that could have led google to do something so bad and so incredibly stupid. now they are between a rock and a hard place. if they dont agree to pay and settle this ASAP they risk losing all their mobile search share. yes oracle timed this puuuurfectly, but its still googles fault for being both stupid and evil.
@omdguy

We seem to have an Oracle fanboy chorus - I wonder if it is the same person posting.
@Johnny Vegas How can you rip off something that's open source?
@Johnny Vegas - you give absolutely 0 credence to Google having clean-roomed Dalvik? Or do you think it's IP theft even if they did?

IANAL by any means, but I'm going to be interested to see if this case refines the definition of "cleanroom"ing software. Seems like that's what it boils down to.
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Its just more corporate dehumanization
myles@... 13th Aug 2010
I'm sick and tired of people making assumptions that 'business is business'. This is why we humans have de-evolved (sp?) over the past 30 or so years into a race of animalistic theives, pirates and vagabonds. The open source community was a breath of fresh air to humanity - where people with the best intentions were allowed to share, help out others, and encourage each other to move forward. If Oracle have any success in negatively affecting the open source community, lovers of FOSS will have to do what the anarchists do at a World Trade Conference. I'm sorry, Mr. Oracle, but I for one won't sell out my humanity and freedom to you, and just sit back and take it with some tag line of "Business is business". No business should NOT be allowed to destroy people's passions, dreams, loves and community. FOSS has to stand up to this bullying and fight back!
@myles@...

So what I am hearing is that because you love something, that makes it yours.

I am pretty sure that Oracle owns Mobile Java JVM it is NOT FOSS, and if you change it without licensing it. You will get sued. Even if you love it.
@Shmythey
Dalvik does not belong to Oracle, it belongs to Google. As you said just because you want something doesn't make it yours. SCO found that out the hard way.
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And if you are scared MySQL is next...
myles@... 13th Aug 2010
Try Firebird SQL. It rocks! www.firebirdsql.org Totally FOSS!
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Developers of MythTV and SQL database
Grayson Peddie Updated - 13th Aug 2010
Do you think that developers of MythTV could switch over to PostgreSQL or Firebird SQL? Maybe it'd be great if the developers of MythTV could get away from Oracle. I don't know if mySQL or PostgreSQL has support for triggers and stored procedures, but from the looks of Firebird SQL's website, it does. But I still use VirtualBox, though. And as for OpenOffice, I really don't like the look of the graphical user interface, so Microsoft Office 2007 suits my needs for productivity enhancement and easily explore some features that I like to use which OpenOffice does not have (no hard feelings, though). It just depends on what your needs are. PS: I know this article is about Oracle versus Android, but it does seem like Oracle is against open source. No doubt about it.
Google should just buy Oracle...Ellison probably smells quick cash since the Android phone sales are going through the roof. What a "son-of-an-unmarried mother" to do something that was so evidently timed.
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@emitretsam
Does Oracle have a case and if so does Google owe Oracle? If the answer is yes well then Google will have to pay. I keep hearing this "free" thing. Who makes money with free? If I create something and give it away for free what do I get? Besides a couple atta Boys and a few pats on the back that is. Who is going to put a roof over my head how will I eat? Free is NICE don't get me wrong love it but lets be sensible here:P

Pagan jim
@James Quinn
Why should you pay for your own property? Dalvik is Google's not Oracle's. You are exhibiting SCO type thinking there Quinn.
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The Dangers of Unchecked Power
xtuple 16th Aug 2010
That's the title of a blog post by xTuple's head of development, which touches on this brouhaha, and explains why it won't happen to xTuple users: http://www.xtuple.org/node/3372
The OS community are so delusional. Does anyone really think that all the software technology we need in the future will be built by geeks in their spare time, for free, and forever. Get real. The Money WillMeUs crew are worse than Oracle/Google..
Great!!! thanks for sharing this information to us!

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