|By Jeremy Geelan||
|October 5, 2004 12:00 AM EDT||
It's not often, recently, that the editor of Groklaw.net, Pamela Jones - a.k.a. "PJ" - has expressed much sympathy for Sun.
Normally she is at the forefront of those criticizing Sun's management for their settlement with Microsoft, which she argues is nothing more than a pact to fight off the enterprise Linux challenge represented by Red Hat:
"Sun and Microsoft evidently have figured out from the SCO wars...that attacking the FOSS community is suicide. So they have a new strategy: they will isolate Red Hat from the GNU/Linux herd, and they are now stalking it with the clear intent to destroy it." (Groklaw.net, September 28, 2004)
But this week Jones is singing a different tune, because - compared to what she sees as the "truly disgusting" iniquity of Kodak's patent-infringement suit against Sun Microsystems - the Sun-Microsoft pact dwindles in significance.
Referring to Friday's decision in Kodak's favor by the federal jury in Rochester, NY, Jones aserts that "Kodak won, thanks to a patent system spinning out of control, one that is destroying creativity and innovation in the software industry."
"Sun, for all its faults," PJ writes, "developed Java. Sun is a tech company that cares about excellence, and they have put their heart and soul into developing Java. A community formed around Java too, and many, many individuals also contributed to its development."
Contrast this, she implies, to the low-down tactics of the Eastman Kodak Co.
"Kodak now says it will seek, in the damages part of the trial, $1.06 billion in past royalties, which they calculate represents *half* of Sun's operating profit from the sales of computer servers and storage equipment between January 1998 and June 2001. Why do they feel that is fair? Because Java provides 'the engine for such computer equipment.' Puh-lease. This is their workaround. You can download Java free, so I gather they wish to grab their royalties loot from Sun's hardware sales instead. I would expect them to also try to work out some kind of ongoing royalty deal as well, until the patent runs out. What kind of an upside-down, irrational Alice-in-Wonderland world do we live in, where such a result is possible?" (Groklaw.net, October 3, 2004)
The current patents laws "reward the Kodaks of the world," Jones continues, "and penalizes Sun for years and years of expense and sweat and toil and creativity by robbing them of their due reward, not to mention removing any motive to ever do such innovative things again as long as they live."
Strong language indeed.
Oddly, and by a strange coincidence, Sun's own president and COO, Jonathan Schwartz, blogged on Friday - the very same day the federal jury handed down its decision that the Java programming language infringes on patents held by Eastman Kodak - that, on the contrary, software and patents were not just strange bedfellows, but necessary room-mates.
Friday's entry, entitled "I believe in IP," began in resounding Schwartzian style:
"I believe in intellectual property. In my view, it's the foundation of world economies, and certainly the foundation upon which Sun Microsystems was built. Copyright, trademark, patent - I believe in them all. I also believe in innovation and competition - and that these beliefs are not mutually exclusive."
"If you look at Sun's business," Schwartz continued, "all we really are, like most of our peers in the technology industry (and the media and entertainment industries with which we're converging), is an intellectual property fountain. Pour money in the top, some of the world's most talented people go to work, intellectual property falls out the other end. We happen to turn our IP into storage and servers and software and services - but realistically, that's what our manufacturing and service partners do for us. All Sun ultimately does is create ideas, design systems and engage communities."
So what, more specifically, is his stance on patents? Here is what Schwartz wrote:
"A few weeks ago, the CEO of one of the more popular open source companies called and asked me to support their stance on the invalidation of software patents. I listened closely, I respect the guy and his company. But this was the same CEO who forbade Sun from shipping his open source technology with Solaris based on a curious interpretation of the GNU Public License. And based on rabid enforcement of copyright. He was looking for broadscale support for invalidation of software patents - not spurious patents, not the kind that are acquired for litigation, but the whole concept of software patents.
And so I asked - 'I'm not sure why you're asking my support to invalidate what Sun's stockholders have invested tens of billions of dollars to create, when you'd cringe if I told you to give away your largest asset, your copyright and brand.' His answer, 'You just don't understand.' He was right, I didn't and don't. And we're going to agree to disagree.'"
What goes for Sun presumably goes for Eastman Kodak, which purchased the disputed patents from Wang Laboratories in 1997 when it bought Wang's imaging software business for $260 million and is now looking for restitution in the damages part of the trial to the tune of $1.06 billion in past royalties, which Kodak's lawyers calculate represents half of Sun's operating profit from the sales of computer servers and storage equipment between January 1998 and June 2001. So are we to assume that Sun won't be protesting the federal jury decision?
We are not. Sun's lawyers will on the contrary, be mounting "a vigorous defense" in the damages phase of the trial, they say.
Their argument to date has been that Java does not violate the Kodak patents, and that - even if it does - they are invalid.
This may be difficult to reconcile with Schwartz's spirited blog. "I continue to believe in the protection of ideas conveyed by patents," he writes. "From drug discovery to academic work, the protection of IP is part and parcel of what incents inventors to invent, and investors to invest."
As they say: in this life, timing is everything.
|OS Solaris? 11/01/04 06:42:31 AM EST|
Talking of patents, hasn't The SCO Group Inc. consistently has said Sun does not have the rights under its contracts to open-source Solaris. So, how does Sun propose to open-source Solaris 10?
|Dat Guy 10/05/04 09:04:10 PM EDT|
PS: I want 15 cents from anyone that reads my last comment out loud. Seriously, I'll sue your *** if you don't send me money now!
|Dat Guy 10/05/04 08:59:57 PM EDT|
I just got a patent on the audibale frequency pattern produced by linear occiliscopic filters using cross parabolic scopular programming algorithms, created when someone utters the word "Kodak".
I am now suing Kodak for 15 cents for every time they answer their phone. They claim my use of the patent is an underhanded abuse and money grab! They will pay for my stupidity!!
|me_mybusiness 10/05/04 01:31:04 PM EDT|
Datastalker has hit the nail in the head.
In North America (America and Canada), the way to pursue the American\Canadian dream used to be to build something or provide a service, work hard and do it better than the other guy. The quality of the product or service one provided would determine whether one succeed.
At that time, people who wanted to "get in on the action" would invest in your endeavour. For a small investment, they could share in the profits. It was a passive thing - stockholders were along for the ride, they didn't drive the bus.
Enter accountants whose only concerns are "profit centers", "cost centers", and the bottom line.
Now companies no longer make their money providing products or sevices, they make it by selling stock, and the driving force is not innovation or quality, but "Maximizing Stockholder Value", which seems to be accomplished by cutting costs, producing cheaply, and forcing stock price higher by any means possible, including frivolous lawsuits, patent grabbing, outright deception, etc.
Maybe it's time someone in this part of the world started a company where the quality of its products and\or services were the focus, not whether you can sell your stock for more, whether you can manipulate the courts to stifle competition, or whether you can save a few bucks by sending the work to Bangalore...
|JavaMan 10/05/04 09:06:00 AM EDT|
I'm an advocate for open source and the sharing of ideas that make this world a better place to both live and work. I truly believe that two people can have the same idea and formulate the same type of solution. The question then becomes "Whose idea was it in the first place?" In our world it would seem to be the person who makes it to the patent office first.
Kodak "happened" to acquire these patents from Wang. Bottom line, the idea and the solution behind them weren't theirs to begin with. Kodak stands to reap fruit from trees they didn't plant.
We all need to grow up a little a share like good boys and girls. If money is the only thing that drives our creativity (or pursuit of someone elses patents) then, as a society, we have much deeper issues.
|moojin 10/05/04 08:49:34 AM EDT|
Isn't "one program calling another program for help" the whole idea behind object oriented programming? And even before object oriented programming was defined, one program calling another program can be found in almost any operating system or complex application.
|thewiz 10/05/04 08:16:53 AM EDT|
Unfortunately, IMO it will take some software companies being litigated out of existence before the patent laws change. Like healthcare in America, changes to law are ALWAYS a reaction to something being really out of whack.
Think about how long it has taken for Americans to get a clue about how bad things like McDonalds food are for your health. Our healthcare system reacts to things, like people having a heart attack, instead of the person taking preventative measures (exercise, diet) before the heart attack happens.
It's going to take several major software companies having legal "heart attacks" because of software patents before the rest of the industry gets a clue and quits dining at the trough of patents and IP.
|madstork2000 10/05/04 08:12:05 AM EDT|
Kodak is yet another company that has been bleeding badly, and thus turns to litigation to survive. Hopefully soon a judge and the judges above them will get a clue and realize software patents are ridiculous, and should not be allowed to survive.
|tabdelgawad 10/05/04 07:38:43 AM EDT|
I don't see how patents have fostered software innovation in the US; copyrights seem to be sufficient protection for that. On the other hand, where is the *evidence* that patents have choked-off software innovation? What developer did not pursue an idea for fear of a patent-infringement lawsuit?
If we're going to argue against patents, then let's see the evidence that they actually choked-off innovation.
|LordK2002 10/05/04 07:36:20 AM EDT|
Given that this lawsuit is a threat to Sun, Microsoft and IBM, anybody want to take bets on how long Kodak will prevail?
|bartman 10/05/04 07:26:23 AM EDT|
If Kodak owns a patent which describes a way for a piece of software to "ask for help" from another application, then aren't technologies like RPC and CORBA at risk?
|datastalker 10/05/04 07:04:12 AM EDT|
It seems that today, companies don't produce products, they produce lawsuits, and that's how they get their money. How long can this continue?
Furthermore, since $1.06B is about 1/3 of Sun's cash on hand, what will that mean for Sun? It's 7% of their total value, so this can't be good for them.
In the end, it's only the lawyers who win.
|rollingcalf 10/05/04 07:00:43 AM EDT|
Software is the only thing in the world that can be patented, copyrighted, and be a trade secret at the same time (because source code in usually not revealed). That definitely makes it different, and that sort of multi-level IP protection is excessive.
|eamacnaghten 10/05/04 06:59:31 AM EDT|
This epitomizes the case against software patents. They are too open to abuse. The purpose of patents is to encourage inovation, I do not think this is the case with software ones. The vast majority of software is written by employees of non-software companies for those companies. Software patents are irrelevant there. Copyright performs as good a protection where needed regarding software as ever is required.
DevOps Summit 2015 New York, co-located with the 16th International Cloud Expo - to be held June 9-11, 2015, at the Javits Center in New York City, NY - announces that it is now accepting Keynote Proposals. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long development cycles that produce software that is obsolete at launch. DevOps may be disruptive, but it is essential.
Jan. 31, 2015 12:15 PM EST Reads: 2,645
The 3rd International Internet of @ThingsExpo, co-located with the 16th International Cloud Expo - to be held June 9-11, 2015, at the Javits Center in New York City, NY - announces that its Call for Papers is now open. The Internet of Things (IoT) is the biggest idea since the creation of the Worldwide Web more than 20 years ago.
Jan. 31, 2015 12:00 PM EST Reads: 8,122
Connected devices and the Internet of Things are getting significant momentum in 2014. In his session at Internet of @ThingsExpo, Jim Hunter, Chief Scientist & Technology Evangelist at Greenwave Systems, examined three key elements that together will drive mass adoption of the IoT before the end of 2015. The first element is the recent advent of robust open source protocols (like AllJoyn and WebRTC) that facilitate M2M communication. The second is broad availability of flexible, cost-effective storage designed to handle the massive surge in back-end data in a world where timely analytics is e...
Jan. 31, 2015 12:00 PM EST Reads: 2,738
"There is a natural synchronization between the business models, the IoT is there to support ,” explained Brendan O'Brien, Co-founder and Chief Architect of Aria Systems, in this SYS-CON.tv interview at the 15th International Cloud Expo®, held Nov 4–6, 2014, at the Santa Clara Convention Center in Santa Clara, CA.
Jan. 31, 2015 11:45 AM EST Reads: 3,679
The Internet of Things will put IT to its ultimate test by creating infinite new opportunities to digitize products and services, generate and analyze new data to improve customer satisfaction, and discover new ways to gain a competitive advantage across nearly every industry. In order to help corporate business units to capitalize on the rapidly evolving IoT opportunities, IT must stand up to a new set of challenges. In his session at @ThingsExpo, Jeff Kaplan, Managing Director of THINKstrategies, will examine why IT must finally fulfill its role in support of its SBUs or face a new round of...
Jan. 31, 2015 11:45 AM EST Reads: 2,812
The BPM world is going through some evolution or changes where traditional business process management solutions really have nowhere to go in terms of development of the road map. In this demo at 15th Cloud Expo, Kyle Hansen, Director of Professional Services at AgilePoint, shows AgilePoint’s unique approach to dealing with this market circumstance by developing a rapid application composition or development framework.
Jan. 31, 2015 11:30 AM EST Reads: 2,361
ARMONK, N.Y., Nov. 20, 2014 /PRNewswire/ -- IBM (NYSE: IBM) today announced that it is bringing a greater level of control, security and flexibility to cloud-based application development and delivery with a single-tenant version of Bluemix, IBM's platform-as-a-service. The new platform enables developers to build ap...
Jan. 31, 2015 11:15 AM EST Reads: 3,241
Building low-cost wearable devices can enhance the quality of our lives. In his session at Internet of @ThingsExpo, Sai Yamanoor, Embedded Software Engineer at Altschool, provided an example of putting together a small keychain within a $50 budget that educates the user about the air quality in their surroundings. He also provided examples such as building a wearable device that provides transit or recreational information. He then reviewed the resources available to build wearable devices at home including open source hardware, the raw materials required and the options available to power s...
Jan. 31, 2015 11:00 AM EST Reads: 2,506
An entirely new security model is needed for the Internet of Things, or is it? Can we save some old and tested controls for this new and different environment? In his session at @ThingsExpo, New York's at the Javits Center, Davi Ottenheimer, EMC Senior Director of Trust, reviewed hands-on lessons with IoT devices and reveal a new risk balance you might not expect. Davi Ottenheimer, EMC Senior Director of Trust, has more than nineteen years' experience managing global security operations and assessments, including a decade of leading incident response and digital forensics. He is co-author of t...
Jan. 31, 2015 11:00 AM EST Reads: 3,409
The Internet of Things promises to transform businesses (and lives), but navigating the business and technical path to success can be difficult to understand. In his session at @ThingsExpo, Sean Lorenz, Technical Product Manager for Xively at LogMeIn, demonstrated how to approach creating broadly successful connected customer solutions using real world business transformation studies including New England BioLabs and more.
Jan. 31, 2015 10:45 AM EST Reads: 2,734
The Internet of Things is not new. Historically, smart businesses have used its basic concept of leveraging data to drive better decision making and have capitalized on those insights to realize additional revenue opportunities. So, what has changed to make the Internet of Things one of the hottest topics in tech? In his session at @ThingsExpo, Chris Gray, Director, Embedded and Internet of Things, discussed the underlying factors that are driving the economics of intelligent systems. Discover how hardware commoditization, the ubiquitous nature of connectivity, and the emergence of Big Data a...
Jan. 31, 2015 10:45 AM EST Reads: 3,283
We certainly live in interesting technological times. And no more interesting than the current competing IoT standards for connectivity. Various standards bodies, approaches, and ecosystems are vying for mindshare and positioning for a competitive edge. It is clear that when the dust settles, we will have new protocols, evolved protocols, that will change the way we interact with devices and infrastructure. We will also have evolved web protocols, like HTTP/2, that will be changing the very core of our infrastructures. At the same time, we have old approaches made new again like micro-services...
Jan. 31, 2015 10:30 AM EST Reads: 2,593
Today’s enterprise is being driven by disruptive competitive and human capital requirements to provide enterprise application access through not only desktops, but also mobile devices. To retrofit existing programs across all these devices using traditional programming methods is very costly and time consuming – often prohibitively so. In his session at @ThingsExpo, Jesse Shiah, CEO, President, and Co-Founder of AgilePoint Inc., discussed how you can create applications that run on all mobile devices as well as laptops and desktops using a visual drag-and-drop application – and eForms-buildi...
Jan. 31, 2015 10:00 AM EST Reads: 2,922
Enthusiasm for the Internet of Things has reached an all-time high. In 2013 alone, venture capitalists spent more than $1 billion dollars investing in the IoT space. With "smart" appliances and devices, IoT covers wearable smart devices, cloud services to hardware companies. Nest, a Google company, detects temperatures inside homes and automatically adjusts it by tracking its user's habit. These technologies are quickly developing and with it come challenges such as bridging infrastructure gaps, abiding by privacy concerns and making the concept a reality. These challenges can't be addressed w...
Jan. 31, 2015 10:00 AM EST Reads: 3,252
The Domain Name Service (DNS) is one of the most important components in networking infrastructure, enabling users and services to access applications by translating URLs (names) into IP addresses (numbers). Because every icon and URL and all embedded content on a website requires a DNS lookup loading complex sites necessitates hundreds of DNS queries. In addition, as more internet-enabled ‘Things' get connected, people will rely on DNS to name and find their fridges, toasters and toilets. According to a recent IDG Research Services Survey this rate of traffic will only grow. What's driving t...
Jan. 31, 2015 10:00 AM EST Reads: 3,255
The Internet of Things is a misnomer. That implies that everything is on the Internet, and that simply should not be - especially for things that are blurring the line between medical devices that stimulate like a pacemaker and quantified self-sensors like a pedometer or pulse tracker. The mesh of things that we manage must be segmented into zones of trust for sensing data, transmitting data, receiving command and control administrative changes, and peer-to-peer mesh messaging. In his session at @ThingsExpo, Ryan Bagnulo, Solution Architect / Software Engineer at SOA Software, focused on desi...
Jan. 31, 2015 10:00 AM EST Reads: 2,464
"For over 25 years we have been working with a lot of enterprise customers and we have seen how companies create applications. And now that we have moved to cloud computing, mobile, social and the Internet of Things, we see that the market needs a new way of creating applications," stated Jesse Shiah, CEO, President and Co-Founder of AgilePoint Inc., in this SYS-CON.tv interview at 15th Cloud Expo, held Nov 4–6, 2014, at the Santa Clara Convention Center in Santa Clara, CA.
Jan. 31, 2015 09:30 AM EST Reads: 2,429
The Industrial Internet revolution is now underway, enabled by connected machines and billions of devices that communicate and collaborate. The massive amounts of Big Data requiring real-time analysis is flooding legacy IT systems and giving way to cloud environments that can handle the unpredictable workloads. Yet many barriers remain until we can fully realize the opportunities and benefits from the convergence of machines and devices with Big Data and the cloud, including interoperability, data security and privacy.
Jan. 31, 2015 09:00 AM EST Reads: 2,916
Things are being built upon cloud foundations to transform organizations. This CEO Power Panel at 15th Cloud Expo, moderated by Roger Strukhoff, Cloud Expo and @ThingsExpo conference chair, addressed the big issues involving these technologies and, more important, the results they will achieve. Rodney Rogers, chairman and CEO of Virtustream; Brendan O'Brien, co-founder of Aria Systems, Bart Copeland, president and CEO of ActiveState Software; Jim Cowie, chief scientist at Dyn; Dave Wagstaff, VP and chief architect at BSQUARE Corporation; Seth Proctor, CTO of NuoDB, Inc.; and Andris Gailitis, C...
Jan. 31, 2015 09:00 AM EST Reads: 2,874
Since 2008 and for the first time in history, more than half of humans live in urban areas, urging cities to become “smart.” Today, cities can leverage the wide availability of smartphones combined with new technologies such as Beacons or NFC to connect their urban furniture and environment to create citizen-first services that improve transportation, way-finding and information delivery. In her session at @ThingsExpo, Laetitia Gazel-Anthoine, CEO of Connecthings, will focus on successful use cases.
Jan. 31, 2015 08:45 AM EST Reads: 2,090