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posted by martyb on Friday October 28 2016, @05:52PM   Printer-friendly
from the why-aren't-appeals-more-appealing? dept.

Tech Dirt reports that Off We Go: Oracle Officially Appeals Google's Fair Use Win:

It was only a matter of time until this happened, but Oracle has officially appealed its fair use Java API loss [PDF] to the Federal Circuit (CAFC [US Court of Appeals for the Federal Circuit]). As you recall, after a years-long process, including the (correct) ruling that APIs are not covered by copyright being ridiculously overturned by CAFC, a new trial found that even if APIs are copyright-eligible, Google's use was covered by fair use. Oracle then tried multiple times to get Judge William Alsup to throw out the jury's ruling, but failed. In fact, on Oracle's second attempt to get Alsup to throw out the jury's ruling, citing "game changing" evidence that Google failed to hand over important information on discovery, it actually turned out that Oracle's lawyers had simply failed to read what Google had, in fact, handed over.


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  • (Score: 4, Insightful) by Grishnakh on Friday October 28 2016, @06:42PM

    by Grishnakh (2831) on Friday October 28 2016, @06:42PM (#419915)

    People keep complaining about how evil Google is these days, but while that may be true, Oracle sure seems at least a couple orders of magnitude more evil every time I read about them.

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  • (Score: 3, Insightful) by ikanreed on Friday October 28 2016, @07:23PM

    by ikanreed (3164) Subscriber Badge on Friday October 28 2016, @07:23PM (#419936) Journal

    Which is why Java and MySQL are basically no-gos for me now. I don't want to encourage them.

    • (Score: 0) by Anonymous Coward on Friday October 28 2016, @07:46PM

      by Anonymous Coward on Friday October 28 2016, @07:46PM (#419943)

      Java died for me the first time I save the red logo...

    • (Score: 2) by GungnirSniper on Friday October 28 2016, @08:23PM

      by GungnirSniper (1671) on Friday October 28 2016, @08:23PM (#419948) Journal

      Once their main lines of business start sinking like Larry's yachts, they'll go full SCO on everyone.

    • (Score: 0) by Anonymous Coward on Friday October 28 2016, @08:50PM

      by Anonymous Coward on Friday October 28 2016, @08:50PM (#419954)

      Yeah, because the vendors controlling .NET and MariaDB [infoworld.com] are much less greedy.

      • (Score: 0) by Anonymous Coward on Friday October 28 2016, @09:29PM

        by Anonymous Coward on Friday October 28 2016, @09:29PM (#419962)

        Oracle has been about getting those multi million dollar contracts for a long time. I have seen no less than 3 projects to remove them out of the picture just on cost alone. Not technical. Oracle DB is a fairly good piece of software if a bit esoteric to use. The mid end and low end is lost to Oracle from now on. The high end realized very quickly that oracledb is not what is needed but something that can smash through data quickly is. That is where the nosql DBs come in. No one deliberately starts a new oracle db project these days. Then only if 'we are an oracle shop' and it is commanded from on high. It is an early 80s bit of software trying to pretend it is a late 2000s bit of software. It shows.

        MS is a decent platform to write on but mostly closed. However, it is also one of the more open ones to target. As MS is fairly live and let live. The tool set is decent and well rounded. The whole thing is a decent late 90s bit of kit that has aged fairly gracefully. MS decided to basically abandon the low end market and their SQL cost is going up. So it is basically 'nice software but kinda pricey'.

        Linux and BSD are also decent platforms to target as everything is open. However, it is a bit of pain if you want to move between distros. Usually involving some reintegration to fix that oddball issue that pops up because this version of ubuntu is not exact the same as redhat. Not terrible but a pain enough to cause a bit of grumbling. After you have moved around a bit you usually have most of the issues abstracted. The tools range from 'this is bad ass' to 'what freshman in college tinkered this together and then abandoned it because it was hard to support'.

        Mac is pretty good but they want to lock you into their particular way of doing things. If you are able to ignore that bit it is as good as linux/bsd.

        I am currently looking for a job. Lots of .net, C/C++, iOS/Android, python, perl. But little in the way of actual java jobs that are little more than 'we have this software from 10 years ago please support/enhance it'. Very few greenfield apps for java these days. Oracle has made it clear 'stay away from our toys unless you pay'. Rust and Go are the ones to keep an eye on.

      • (Score: 0) by Anonymous Coward on Friday October 28 2016, @11:13PM

        by Anonymous Coward on Friday October 28 2016, @11:13PM (#419989)
        I'd try to use Postgresql instead of MariaDB. And well, I'd imagine that Google is soon going to start officially getting behind writing Android apps with Go, and start deprecating Java. Java needs to die, but unfortunately, it has become entrenched as the COBOL of the early 21st century. C# is just exchanging one harsh master for another one.
  • (Score: -1, Flamebait) by Ethanol-fueled on Friday October 28 2016, @07:58PM

    by Ethanol-fueled (2792) on Friday October 28 2016, @07:58PM (#419944) Homepage

    When there are no more Goyim to Jew, the Jews resort to Jewing each other.

    This is a clash of the titans extraordinary in magnitude, and will leave in its wake a second shoah.

  • (Score: 2) by Zz9zZ on Friday October 28 2016, @08:33PM

    by Zz9zZ (1348) on Friday October 28 2016, @08:33PM (#419951)

    The lesser of two evils thing isn't a great argument. Oracle I think is struggling to maintain relevance and engaging in shitty business tactics, but so has Google. The bigger issue is how large and pervasive Alphabet has become, and what the massive amount of data they collect gets used for (aside from advertising which is bad enough).

    --
    ~Tilting at windmills~
    • (Score: 2) by darkfeline on Friday October 28 2016, @08:57PM

      by darkfeline (1030) on Friday October 28 2016, @08:57PM (#419957) Homepage

      >Google [is struggling to maintain relevance]
      >... how large and pervasive Alphabet has become

      I don't think those words mean what you think they mean.

      --
      Join the SDF Public Access UNIX System today!
      • (Score: 2) by Zz9zZ on Friday October 28 2016, @09:11PM

        by Zz9zZ (1348) on Friday October 28 2016, @09:11PM (#419958)

        Oracle is struggling to maintain relevance
        Alphabet is large and pervasive

        If you can't parse these ideas / words then I don't know how to help you. If you just disagree then that is your right.

        --
        ~Tilting at windmills~
      • (Score: 0) by Anonymous Coward on Saturday October 29 2016, @02:15PM

        by Anonymous Coward on Saturday October 29 2016, @02:15PM (#420115)

        There are (at least) two ways to parse what he wrote. The correct way is:
            Oracle is struggling to maintain relevance.
            Alphabet is large and pervasive.
            Oracle and Alphabet have engaged in shitty business tactics.

        • (Score: 2) by urza9814 on Monday October 31 2016, @01:36PM

          by urza9814 (3954) on Monday October 31 2016, @01:36PM (#420853) Journal

          Actually, he says Oracle *is* engaging in shitty business practices, and Google *has* -- meaning Google is no longer doing so. The only logical way of parsing that post that I can come up with is "Yeah, Oracle engages in shitty business practices, but all large companies have done that at one time or another so it's not such a big deal. The bigger issue is their data collection practices."

    • (Score: 0) by Anonymous Coward on Saturday October 29 2016, @03:54PM

      by Anonymous Coward on Saturday October 29 2016, @03:54PM (#420137)

      Doesn't matter when one side is clearly in the right on the argument. Oracle's interpretation of copyright law (unfortunately now backed up by the crooks on the federal appeals court) about APIs would kill the software market. Amusingly enough, if Oracle's argument applied fully, they'd be out huge money on SQL, since they didn't create it. However, the way they've handled this case from the beginning is nothing but a showing of how scummy lawyers can be, and there have been a couple things that might rise to the level of sanctions. They need to lose, and hard, because they're both in the wrong and going about it in a rather nasty way.

      • (Score: 2) by Grishnakh on Monday October 31 2016, @03:35PM

        by Grishnakh (2831) on Monday October 31 2016, @03:35PM (#420897)

        Maybe it'd be better if the won, and won big, and the software market was killed as a result.