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OJ MIST 2 THE DICK
Sep 11, 2008

Anytime I need to see your face I just close my eyes
And I am taken to a place
Where your crystal minds and magenta feelings
Take up shelter in the base of my spine
Sweet like a chica cherry cola

-Cheap Trick

Nap Ghost

CommieGIR posted:

Then you probably need to rethink Open Source entirely. Because nobody charges you a license fee for using Python, Ruby, Java, etc.

No, seriously. They don't. If you build an application that makes you money, Oracle doesn't come knocking. It doesn't happen.

No, they'll just come knocking if you start developing a version of Java for non-standard computing environment (like embedded or mobile devices) because they don't extend the general license to those cases.

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CommieGIR
Aug 22, 2006

The blue glow is a feature, not a bug


Pillbug

exploding mummy posted:

No, they'll just come knocking if you start developing a version of Java for non-standard computing environment (like embedded or mobile devices) because they don't extend the general license to those cases.

quote:

This is complex, but the reasons are broadly:

Google basically engineered the whole Android stack independently from Sun/Oracle. So Oracle have no IP rights regarding the implementation.
Courts have generally maintained that you can't copyright a language syntax or API definition. So Google (and you!) can use the Java langauge syntax and core Java API definitions freely.
Oracle owns the Java trademark. So Google can't advertise Android as "Java" unless they obtain an appropriate license from Oracle. But Google doesn't really care since they are advertising it under their own Android brand instead.
Oracle tried suing Google recently over these issues, and lost pretty badly.

We can nitpick about this all night. There's nothing for Oracle to claim.

hobbesmaster
Jan 28, 2008

exploding mummy posted:

No, they'll just come knocking if you start developing a version of Java for non-standard computing environment (like embedded or mobile devices) because they don't extend the general license to those cases.

All I see under GPL exceptions is class path and thats just makes OpenJDK "freer" not less free.

CommieGIR
Aug 22, 2006

The blue glow is a feature, not a bug


Pillbug
I can only imagine the shitfest if companies were able to take Open Source languages and start hunting down projects that implemented them on non-PC setups for licensing. It would be the death knell for FOSS and GPL.

archangelwar
Oct 28, 2004

Teaching Moments

exploding mummy posted:

Just because something is open source doesn't mean that it can't be licensed for a fee for commercial usage. :ssh:

You generally pay for commercial support, not usage. These are very different things.

Chuu
Sep 11, 2004

Grimey Drawer
Edit: A bunch of people apparently don't realize Dual Licensing is a thing.

hobbesmaster
Jan 28, 2008

archangelwar posted:

You generally pay for commercial support, not usage. These are very different things.

Most open source projects can be licensed for closed source commercial usage by paying the author.

archangelwar
Oct 28, 2004

Teaching Moments

hobbesmaster posted:

Most open source projects can be licensed for closed source commercial usage by paying the author.

I would not say that applies to "most" or even "many" open source projects. Dual licensing is not extraordinarily common and the use case where you building a bespoke distribution fork of an open source project is way less common than plain OTS usage. I'm not saying that it doesn't happen, but hesitate to offer it as a "common" use case when compared to overall FOSS usage and commercial support use case.

Edit: I mean, I am perfectly willing to be wrong, as I don't have a way to objectively measure this.

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.
Please make a new thread for your dumb Oracle/Google derail since it has gently caress all to do with the SCOTUS.

Kilroy
Oct 1, 2000

Kalman posted:

Which nobody is talking about because they're out of the case.

If claims drop out, you don't refer to a case as addressing them after that point. It's not a patent case and hasn't been in quite a while.
If the case is going to land in front of the motherfucking CAFC again then I think we can keep referring to it as a patent case :colbert:

Subjunctive
Sep 12, 2006

✨sparkle and shine✨

hobbesmaster posted:

Most open source projects can be licensed for closed source commercial usage by paying the author.

"Most" is a pretty bold claim. It's quite uncommon for that to be the business model for a project (and quite uncommon for projects to have business models).

I think most open source can be used in closed source commercial products anyway, but I haven't seen a recent license census. GPL/copyleft are the exception these days, not the rule.

Kalman
Jan 17, 2010

Kilroy posted:

If the case is going to land in front of the motherfucking CAFC again then I think we can keep referring to it as a patent case :colbert:

No, because half of CAFC's workload has nothing to do with patents.

Like this case.

Ogmius815
Aug 25, 2005
centrism is a hell of a drug

Evil Fluffy posted:

Please make a new thread for your dumb Oracle/Google derail since it has gently caress all to do with the SCOTUS.

No seriously do this.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

Kalman posted:

No, because half of CAFC's workload has nothing to do with patents.

Like this case.

The appeal only went to the Federal Circuit because the original case had patent claims, as the Federal Circuit notes in their opinion.

quote:

Because this action included patent claims, we have jurisdiction pursuant to 28 U.S.C. § 1295(a)(1).

ErIog
Jul 11, 2001

:nsacloud:

Subjunctive posted:

And yet, it remains in the SCOTUS thread.

It would be really nice if people created a thread to argue about Oracle in instead of making this thread useless for following actual SCOTUS news.

CommieGIR
Aug 22, 2006

The blue glow is a feature, not a bug


Pillbug
My fault, sorry guys :(

Kalman
Jan 17, 2010

ulmont posted:

The appeal only went to the Federal Circuit because the original case had patent claims, as the Federal Circuit notes in their opinion.

They also note "The jury found no patent infringement, and the patent claims are not at issue in this appeal."

ShadowHawk
Jun 25, 2000

CERTIFIED PRE OWNED TESLA OWNER

Kalman posted:

They also note "The jury found no patent infringement, and the patent claims are not at issue in this appeal."
Does this basically mean you can assert any bogus patent claim whatsoever if you think the federal circuit is a more friendly venue for other claims? Is there anything stopping that?

alnilam
Nov 10, 2009

Evil Fluffy posted:

Please make a new thread for your dumb Oracle/Google derail since it has gently caress all to do with the SCOTUS.

Please

botany
Apr 27, 2013

by Lowtax

Evil Fluffy posted:

Please make a new thread for your dumb Oracle/Google derail since it has gently caress all to do with the SCOTUS.

Oh God yes please

Kilroy
Oct 1, 2000

ShadowHawk posted:

Does this basically mean you can assert any bogus patent claim whatsoever if you think the federal circuit is a more friendly venue for other claims? Is there anything stopping that?
Is there anything stopping any corporation in the Fortune 500? Anything at all?

Ogmius815
Aug 25, 2005
centrism is a hell of a drug

ShadowHawk posted:

Does this basically mean you can assert any bogus patent claim whatsoever if you think the federal circuit is a more friendly venue for other claims? Is there anything stopping that?

Federal rule 11.

Jealous Cow
Apr 4, 2002

by Fluffdaddy
The Google/Oracle shenanigans are definitely worth their own thread and should be out of this one. Please.





Please.

alnilam
Nov 10, 2009

Here I made you guys a thread, please talk about oracle/google there
http://forums.somethingawful.com/showthread.php?threadid=3778215

Munkeymon
Aug 14, 2003

Motherfucker's got an
armor-piercing crowbar! Rigoddamndicu𝜆ous.



I'm pretty sure the font in BYOB is cruel and unusual punishment

Piso Mojado
Aug 6, 2013

Munkeymon posted:

I'm pretty sure the font in BYOB is cruel and unusual punishment

that's debatable :clint:

alnilam
Nov 10, 2009

alnilam posted:

Here I made you guys a thread, please talk about oracle/google there
http://forums.somethingawful.com/showthread.php?threadid=3778215

It's even stickied now, BYOB is very excited for our new visitors, and also I think you'll find more smart and thoughtful people there than you might realize.

Chokes McGee
Aug 7, 2008

This is Urotsuki.

alnilam posted:

It's even stickied now, BYOB is very excited for our new visitors, and also I think you'll find more smart and thoughtful people there than you might realize.

byob s pretty chill about everything, just roll up and post whatever, its all good :)

Slate Action
Feb 13, 2012

by exmarx
https://twitter.com/SCOTUSblog/status/737645869751775232
https://twitter.com/SCOTUSblog/status/737646039050637312

hobbesmaster
Jan 28, 2008

Judicial branch rules that the judicial branch can review something. That activist judge Marshall's legacy continues! :argh:

silvergoose
Mar 18, 2006

IT IS SAID THE TEARS OF THE BWEENIX CAN HEAL ALL WOUNDS




8 0 decisions are hard to get mad at, usually.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

hobbesmaster posted:

Judicial branch rules that the judicial branch can review something. That activist judge Marshall's legacy continues! :argh:

Somewhat unusual lineup for a nominally 8-0 decision (4 total opinions):

quote:

ROBERTS, C. J., delivered the opinion of the Court, in which KENNEDY, THOMAS, BREYER, ALITO, SOTOMAYOR, and KAGAN, JJ., joined. KENNEDY, J., filed a concurring opinion, in which THOMAS and ALITO, JJ., joined. KAGAN, J., filed a concurring opinion. GINSBURG, J., filed an opinion concurring in part and concurring in the judgment.

CommieGIR
Aug 22, 2006

The blue glow is a feature, not a bug


Pillbug

Welp. Was nice knowing you Earth.

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



All they did is say that the army corps of engineers is a government agency subject to the same APA rules as any other agency. Seems pretty straightforward.

FAUXTON
Jun 2, 2005

spero che tu stia bene

Would this potentially increase the number of litigation-based blockages brought against the EPA by toxic states? It seems like it's just a procedural "yeah, it can be brought to court" thing that wouldn't affect the rate at which places like NC can try to halt proposals with lawsuits since that already happens all the time.

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



The EPA is already covered by the APA. This just clarifies that Army Corps of Engineers jurisdictional determinations are final agency decisions that fall under the APA. This allows an appeal up front instead of filing suit when the government begins an enforcement action.

FAUXTON
Jun 2, 2005

spero che tu stia bene

Mr. Nice! posted:

The EPA is already covered by the APA. This just clarifies that Army Corps of Engineers jurisdictional determinations are final agency decisions that fall under the APA. This allows an appeal up front instead of filing suit when the government begins an enforcement action.

Ahh well, bummer. It seems that's a bit of a blow to the environment, since the ACE is involved with a ton of water-related infrastructure all over - dams, levees, various waterway management operations. It's nice to see that it was decided with 8-0 clarity but I'm more than a little worried about the ramifications of being able to forestall enforcement based on what-if theories of injury.

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



This isn't something that's going to break the system. Basically before this decision, if you wanted to challenge whether the corps was correct in their wetlands determination you would either have to go through an arduous permitting process or proceed without a permit and battle during the subsequent enforcement action.

Kalman
Jan 17, 2010

Mr. Nice! posted:

This isn't something that's going to break the system. Basically before this decision, if you wanted to challenge whether the corps was correct in their wetlands determination you would either have to go through an arduous permitting process or proceed without a permit and battle during the subsequent enforcement action.

Given that you can already challenge EPA actions in this way, it definitely isn't going to break the system - this decision seems to be pretty narrow and focused on ACE actions only.

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Mr. Nice!
Oct 13, 2005

c-spam cannot afford



Kalman posted:

Given that you can already challenge EPA actions in this way, it definitely isn't going to break the system - this decision seems to be pretty narrow and focused on ACE actions only.

Exactly. This changes very little in the grand scheme of things.

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