Robert Pogson

One man, closing all the windows.

Oracle Caught in the Cookie Jar

  • Jan 20 / 2012
  • 9
technology

Oracle Caught in the Cookie Jar

The judge ruling in the case of Oracle v Google over Android/Linux has given Oracle two chances to get their damages estimate straight to no avail. The judge has ruled that Oracle will be given one more chance, at their expense, “By NOON ON JANUARY 24, 2012, Oracle shall file an unequivocal and unconditional statement advising whether it will take advantage of this third opportunity provided by this order or whether it declines to do so. Please do not negotiate over the conditions or insinuate assumptions into the statement; please file either a clear “yes” or a clear “no.””

Chuckle. The alternative? Oracle can withdraw its claim of patent violation with prejudice. I think that’s “extreme prejudice”…
” If Oracle wishes to voluntarily dismiss any damages claim, it will have to do so with prejudice; otherwise, a dismissal is nothing more than an invitation to piecemeal litigation.”
By being so flexible with Oracle, the judge shuts down almost all avenues of appeal. How the mighty art fallen after claiming $billions in damages but being unable to specify those damages because they are illusory.

The case could soon be about only a few files possibly violating copyright. It’s not looking good for Oracle. If this flops, Android/Linux may go on to new heights of popularity as OEMs fearlessly implement it. Oracle’s attempt at extortion may well become good advertising for Google.

9 Comments

  1. Dann

    “The jury on the Nook is still figuratively out in that regard, Mr. Jerkface. Should the patent infringement assertions against the Nook be found to be justified, your reading bouts will prove to be a source of profit for Microsoft. ”

    Regardless, they were the only ones to stand up to the bully named Microsoft, so funding them is a step in the right direction, ethically and competitively.

  2. Dr Loser

    @Robert:

    “Actually the monopoly is weakening even in its home base of USA. Last year the only country to buy more smart phones not running that other OS than USA was China. China also bought more x86ish PCs.”

    Isn’t globalization a wonderful thing?

    Incidentally, I read a report the other day, shortly after the M$ quarterlies came out (I think it was on the BBC), that suggested that there is a good reason why the Business Division of M$ more than compensated for the Consumer Division. (And surely it did, otherwise there is no way to explain the figures.)

    You want to know what it is? Apparently all the new business in India and China are buying up Windows and Office and Exchange and so on licenses like there is no tomorrow.

    You need to educate them about the Munich success story, Robert. These people need your compassionate common sense.

  3. Clarence Moon

    The jury on the Nook is still figuratively out in that regard, Mr. Jerkface. Should the patent infringement assertions against the Nook be found to be justified, your reading bouts will prove to be a source of profit for Microsoft. If not, then you would not be diminishing Microsoft’s business unless you also refused to buy a new PC at your allotted time.

  4. Kozmcrae

    “I bought a Nook Tablet for Christmas, do I weaken M$ when I read it on the toilet?”

    No need to make a big stink about your contribution to open source. You’d have trouble avoiding it at this point.

  5. Hanson

    “If this flops, Android/Linux may go on to new heights of popularity as OEMs fearlessly implement it.”

    I see a brave new world, full of shiny smart thingies, controlled entirely by corporations with the help of free software. I like it.

    Watch out, Pog! Or you’ll find yourself in “The Running Man” very quickly.

  6. Phenom

    @nt_jerkface, every Android smartphone / tablet is a bomb, thrown at the fortress of evil M$!

  7. Robert Pogson

    Actually the monopoly is weakening even in its home base of USA. Last year the only country to buy more smart phones not running that other OS than USA was China. China also bought more x86ish PCs.

  8. Dr Loser

    I believe the colonial vernacular is “caught with their hand in the cookie jar.”

    But don’t let me go correcting you on your American vernacular, Robert, just because that’s the way that 300 million God Fearin’, Windows Ownin’, Yer’ll Prize That Monopoly Outta My Cold Dead Hands faux “Americans” say otherwise.

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