Originally Posted by veblen
I'm just referring to the 37 MMAPI files which were referred to in the AI article. Since Android doesn't use MMAPI I wouldn't imagine that they would have to shutdown for these particular files. I think all they would do is delete them from their repository. I understand there is a more complex issue at hand here with the ongoing suit between Oracle and Google for possibly infringing on Oracle's Java VM. I'm just referring to the 37 MMAPI files from the AI article.
Sure, those 37 files can be fixed right quick from a copyright perspective. If they indicate a patent issue in the tested code it might not be so clean though (chances of that actually low). Oracle wasn't the one to unearth those though, that was just someone poking though the code looking for obvious comment strings, and finding smoking guns trivially.
A realistic possibility is that if any form of tainted code can be found that easily, there probably is more tainted code not quite as easily found. Code where the comment headers were successfully changed with the license changes. On those more craftily hidden files, the computational power necessary to do a full comparison across Oracles proprietary, the Sun/Oracle GPL code, the Harmony Apache licensed code and Googles Android code belongs to Oracle and Google. Bloggers and others will just be taking semi-directed shots in the dark.
I'm sure the Oracle legal team has had at least several dedicated engineers on this task for months so far, and they don't have to tell anyone anything until discovery is complete. And once that's done the trial is either won or lost for Google because the law left after Googles response to Oracle is pretty cut and dried. No arguments over prior art, no attempts to invalidate patents, just claims of license transfer which has never been upheld before because it apparently never went to court before. Even FSF admits it's implicit patent license in the GPL2 hasn't been tested in court, which is the first step Google needs. But since the code in contention is Apache license without Oracle making it Apache license, they have to hope the courts get really
liberal and grant patent license transfer, of implicit licenses granted only for unmodified code, against the owners wishes and into further modified code under a different less restrictive license. How likely does anyone really think that is?