Richard Davies wrote: The UK has a good crop of technology pioneers in cloud computing - for example ElasticHosts, FlexiScale, Flexiant, OnApp - and also some strong government initiatives such as G-Cloud.
We will have to see whether this kind of technical leadership converts into swift mass-market adoption or not.
Just one day after Sun launched "Java 5," a federal jury ruled on Friday in favor of Eastman Kodak Co. in its dispute over Java, in which it alleged Sun Microsystems' world-beating language in fact infringes patents Kodak acquired from Wang Laboratories Inc. in 1997.
The patents in question are: 5,206,951; 5,421,012; and 5,226,161.
Patent 5,206,951 covers the integration of data between typed objects by mutual, direct invocation between object managers corresponding to object types.
Patent 5,421,012 covers multitasking computer system for integrating the operation of different application programs which manipulate data objects of different types.
And Patent 5,226,161 covers integration of data between typed data structures by mutual direct invocation between data managers corresponding to data types
A spokesman for Kodak said on Friday: "Kodak has and continues to make substantial technology investments to ensure high-quality products. We are pleased that the court has validated Kodak's intellectual property rights protecting these valuable innovations."
Sun argued throughout the 3-week trial that Java did not infringe on the Kodak patents and that, even if it did, the patents were invalid. But Kodak won the day.
This week the company will therefore return to the court, in Rochester NY, and press on with its damages claim. In pre-trial documents Eastman Kodak Co lawyers indicated the company would be asking for $1.06 billion in lump-sum royalties - a figure that represents half of Sun's operating profit from the sales of computer servers and storage equipment between January 1998 and June 2001.
Since Sun doesn't charge for Java itself, Kodak's strategy is to go after its hardware revenues. Sun will vigorously defend the damages phase of the trial, it says.
About Java News Desk JDJ News Desk monitors the world of Java to present IT professionals with updates on technology advances, business trends, new products and standards in the Java and i-technology space.
Reader Feedback: Page 1 of 3
#34
GeoD commented on 8 Oct 2004
While one has to credit Sun for settling this nonsense
for a mere $92M compared to the potential damage from a
protracted appeals process it's a shame that it's exactly
that attitude that lets companies get away with the type
of extortion related to overly broad and probably invalid
software patents. The impact of FUD while legal action is
pending is a greater cost than settling. Until some firm
can afford to stand up an 'just say no' or patent reform
comes to software patents lend your support to : http://www.pubpat.org/index.html
~GeoD
Has Kodak lost its mind? I would like to know where did it apply the patents, its filing a suit for.OO Principles and Patterns can be applied anywhere in any scenario.Almost every new language borrows some patterns from existing languages.Let us all file suits against them.
I totally agree all self-respecting Java programmers should boycott Kodak.
This is obviously a bad decision that is based on a radical lack of understanding of prior art. But neither the lack of understanding nor the lawyers who pressed the suit are the problem. The problem is Kodak, a company that obviously does not understand what it is doing. There is really only one practical solution here. I, for one, will never buy another Kodak product again.
There is no certainty of outcome in any legal battle. I am confident this decision will not hold as is.
It should be noted that Sun is a strong supporter of intellectual property.
The large number of broad patents of doubtful validity and difficult interpretation make it impossible for anyone to develop significant commercial software without the risk of this kind of thing.
Lawsuits like Eolas etc, and the quality of open source software, are strong arguments for a return to a more socialist, ideas are free, model.
It is a historical curiousity that software patents were allowed in the USA because of an error of fact - that there were differences between software algorithms and mathematic ones.
#27
Rob Anderson commented on 6 Oct 2004
I cannot for the life of me see what 'damage' this has done to Kodak. Has it actually cost them money? The question must be asked as to why now. Java has been around for a long time now, and I am sure the Kodak use it as well. Its a bit like the judge saying that the firm that created the wheel nut, can sue the car manufacturer for making the car.
I tkae it that Kodak will not be using Java in any of its future digital camera developments?
Yet more caviar for the *** lawyers!
#26
Ian commented on 5 Oct 2004
Another example of how the US is dragging the world down.
I allowed to continue Software patents and this kind of attitude could eventually dissuade anybody from developing anything!
Hence leaving it all to the big corprates with the big legal budgets.
mmmmmmmmm - could that be the US governments objective!
#25
David commented on 5 Oct 2004
Software is something that is written down and then "performed" by another system (hardware). In this regard, it is more like a play or score of music than a technical innovation. The "utility" of software only comes when it is performed. It is a writing and therefore should be protected by copyrights, but these patent claims are absurd and will be bad for the software industry that has made untold billions from sales -- as opposed to paying patent royalties.
#24
Rizard commented on 5 Oct 2004
I agree with the feedback. Lets spread the news about boycotting Kodak products - their claim is absolutely ridiculous - the lawyers do not understand basic computer science principles.
P.S. Also remember to boycott Haliburton and do not invest in mutual funds that invest in Haliburton otherwise you are contributing to the masscare of innocent civilians.
#23
Malcolm commented on 5 Oct 2004
There is a simple solution if Kodak want to make money from such software patents. Stop buying their other products in protest. Lets see if that is in their shareholders interests...
I used to be a Kodak photography products customer but unless they drop this ridiculous suit, I will never buy a Kodak film or memory card again. I will avoid the Kodak digital print kiosks. Why not join me?
#22
DARTED commented on 5 Oct 2004
This is a perfect example of how broken the patent system is when it comes to ideas and software especially. Either Sun's lawyers were inept in their defense or the jury was just too stupid to understand. As was mentioned these could cover just about anything in the modern age. However, the arguments about others were there first do not matter. The first to file the patent gets the rights. It is just that these sweeping general 'idea' patents are insane! It should have to be concrete. Where were the software design charts that show that this is copied technology - how about lines of code - (copyrightable). This is really dumb. And then going after freeware by targetting the companies earnings in other area? That is plain rediculous. No wonder no one wants to have a company in the U.S.
#21
DARTED commented on 5 Oct 2004
This is a perfect example of how broken the patent system is when it comes to ideas and software especially. Either Sun's lawyers were inept in their defense or the jury was just too stupid to understand. As was mentioned these could cover just about anything in the modern age. However, the arguments about others were there first do not matter. The first to file the patent gets the rights. It is just that these sweeping general 'idea' patents are insane! It should have to be concrete. Where were the software design charts that show that this is copied technology - how about lines of code - (copyrightable). This is really dumb. And then going after freeware by targetting the companies earnings in other area? That is plain rediculous. No wonder no one wants to have a company in the U.S.
#20
Gary Renner commented on 5 Oct 2004
Kodak is clearly trying to cash in on the popularity of Java. It is shameful and I encourage everyone to go to Kodak's website and send them a complaint.
GeoD wrote: While one has to credit Sun for settling this nonsense
for a mere $92M compared to the potential damage from a
protracted appeals process it's a shame that it's exactly
that attitude that lets companies get away with the type
of extortion related to overly broad and probably invalid
software patents. The impact of FUD while legal action is
pending is a greater cost than settling. Until some firm
can afford to stand up an 'just say no' or patent reform
comes to software patents lend your support to :
http://www.pubpat.org/index.html
~GeoD
HM wrote: Has Kodak lost its mind? I would like to know where did it apply the patents, its filing a suit for.OO Principles and Patterns can be applied anywhere in any scenario.Almost every new language borrows some patterns from existing languages.Let us all file suits against them.
I totally agree all self-respecting Java programmers should boycott Kodak.
Davis wrote: This is obviously a bad decision that is based on a radical lack of understanding of prior art. But neither the lack of understanding nor the lawyers who pressed the suit are the problem. The problem is Kodak, a company that obviously does not understand what it is doing. There is really only one practical solution here. I, for one, will never buy another Kodak product again.
Brendan Johnston wrote: There is no certainty of outcome in any legal battle. I am confident this decision will not hold as is.
It should be noted that Sun is a strong supporter of intellectual property.
The large number of broad patents of doubtful validity and difficult interpretation make it impossible for anyone to develop significant commercial software without the risk of this kind of thing.
Lawsuits like Eolas etc, and the quality of open source software, are strong arguments for a return to a more socialist, ideas are free, model.
It is a historical curiousity that software patents were allowed in the USA because of an error of fact - that there were differences between software algorithms and mathematic ones.
Rob Anderson wrote: I cannot for the life of me see what 'damage' this has done to Kodak. Has it actually cost them money? The question must be asked as to why now. Java has been around for a long time now, and I am sure the Kodak use it as well. Its a bit like the judge saying that the firm that created the wheel nut, can sue the car manufacturer for making the car.
I tkae it that Kodak will not be using Java in any of its future digital camera developments?
Yet more caviar for the *** lawyers!
Ian wrote: Another example of how the US is dragging the world down.
I allowed to continue Software patents and this kind of attitude could eventually dissuade anybody from developing anything!
Hence leaving it all to the big corprates with the big legal budgets.
mmmmmmmmm - could that be the US governments objective!
David wrote: Software is something that is written down and then "performed" by another system (hardware). In this regard, it is more like a play or score of music than a technical innovation. The "utility" of software only comes when it is performed. It is a writing and therefore should be protected by copyrights, but these patent claims are absurd and will be bad for the software industry that has made untold billions from sales -- as opposed to paying patent royalties.
Rizard wrote: I agree with the feedback. Lets spread the news about boycotting Kodak products - their claim is absolutely ridiculous - the lawyers do not understand basic computer science principles.
P.S. Also remember to boycott Haliburton and do not invest in mutual funds that invest in Haliburton otherwise you are contributing to the masscare of innocent civilians.
Malcolm wrote: There is a simple solution if Kodak want to make money from such software patents. Stop buying their other products in protest. Lets see if that is in their shareholders interests...
I used to be a Kodak photography products customer but unless they drop this ridiculous suit, I will never buy a Kodak film or memory card again. I will avoid the Kodak digital print kiosks. Why not join me?
DARTED wrote: This is a perfect example of how broken the patent system is when it comes to ideas and software especially. Either Sun's lawyers were inept in their defense or the jury was just too stupid to understand. As was mentioned these could cover just about anything in the modern age. However, the arguments about others were there first do not matter. The first to file the patent gets the rights. It is just that these sweeping general 'idea' patents are insane! It should have to be concrete. Where were the software design charts that show that this is copied technology - how about lines of code - (copyrightable). This is really dumb. And then going after freeware by targetting the companies earnings in other area? That is plain rediculous. No wonder no one wants to have a company in the U.S.
DARTED wrote: This is a perfect example of how broken the patent system is when it comes to ideas and software especially. Either Sun's lawyers were inept in their defense or the jury was just too stupid to understand. As was mentioned these could cover just about anything in the modern age. However, the arguments about others were there first do not matter. The first to file the patent gets the rights. It is just that these sweeping general 'idea' patents are insane! It should have to be concrete. Where were the software design charts that show that this is copied technology - how about lines of code - (copyrightable). This is really dumb. And then going after freeware by targetting the companies earnings in other area? That is plain rediculous. No wonder no one wants to have a company in the U.S.
Gary Renner wrote: Kodak is clearly trying to cash in on the popularity of Java. It is shameful and I encourage everyone to go to Kodak's website and send them a complaint.
M Gunter wrote: Its about time that intellectual property law is applied to Software. The idea that software "can't be patented" is slowly coming to an end. This will also, hopefully, spell the end of opensource and other socialist ideas that currently dominate java and the software industry. Sun, WAKE UP and excercise your IP on Java -charge for it- your company's future depends on it!
Matt Gunter
DannyBoy wrote: Kodak defends its inventiveness: buying Wang's patents. YIKES! Them thars sum brains I tell ya whut. The fact that general public juries and judges decide these technical facts is yet another reason to scrap software 'patents'. Copyrights, perhaps. Patents - pantenlty stupid
ryandcs wrote: Perhaps Kodak should be suing Xerox PARC (Palo Alto Research Center) for their development of SmallTalk (*the* pre-cursor to all OOP languages).
Wait a minute, SmallTalk came out in the early seventies. Oh well, I guess it's time for them to sick their pit-bulls on Rubbermaid.
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Swisscom, the Swiss telecom, is going into the cloud business.
Its subsidiary Swisscom IT Services AG has signed up with Red Hat as a Certified Cloud Provider and launched a public cloud Infrastructure-as-a-Service (IaaS) cloud targeting enterprise-class customers primarily in ...
Apache Deltacloud, the Red Hat-contributed ReSTful API that abstracts differences between clouds so services on any cloud can be managed – provided of course there’s a driver – has graduated from the Apache Foundation’s incubator and is now a full-fledged Top-Level Project (TLP)....
In a surprise move on Tuesday, January 10, Oracle wheeled out its Big Data Appliance.
That’s the one it said in October would be ready sometime in the first half. Only nobody believed it meant early in the first half. Heck, it’s not even clear anybody thought Oracle could make ...
Rackspace Hosting, the service leader in cloud computing, on Thursday announced its acquisition of SharePoint911, an industry leader in SharePoint consulting, training, and "JumpStart" services within SharePoint. The unification of both companies provides capabilities to deliver ...
CloudLinux, Inc., on Thursday released CafeFS 3, a virtualized file system for shared hosters that cages each customer within its own virtualized file system.
CageFS becomes part of CloudLinux OS at no additional charge. CloudLinux OS, the only commercially-supported Linux OS m...
