|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.
SYS-CON Events announced today that Commvault, a global leader in enterprise data protection and information management, has been named “Bronze Sponsor” of SYS-CON's 18th International Cloud Expo, which will take place on June 7–9, 2016, at the Javits Center in New York City, NY, and the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Commvault is a leading provider of data protection and information management...
Feb. 7, 2016 03:30 PM EST Reads: 366
The cloud promises new levels of agility and cost-savings for Big Data, data warehousing and analytics. But it’s challenging to understand all the options – from IaaS and PaaS to newer services like HaaS (Hadoop as a Service) and BDaaS (Big Data as a Service). In her session at @BigDataExpo at @ThingsExpo, Hannah Smalltree, a director at Cazena, will provide an educational overview of emerging “as-a-service” options for Big Data in the cloud. This is critical background for IT and data profes...
Feb. 7, 2016 02:45 PM EST Reads: 132
SYS-CON Events announced today that VAI, a leading ERP software provider, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. VAI (Vormittag Associates, Inc.) is a leading independent mid-market ERP software developer renowned for its flexible solutions and ability to automate critical business functions for the distribution, manufacturing, specialty retail and service sectors. An IBM Premier Business Part...
Feb. 7, 2016 02:00 PM EST Reads: 549
SYS-CON Events announced today that Alert Logic, Inc., the leading provider of Security-as-a-Service solutions for the cloud, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. Alert Logic, Inc., provides Security-as-a-Service for on-premises, cloud, and hybrid infrastructures, delivering deep security insight and continuous protection for customers at a lower cost than traditional security solutions. Ful...
Feb. 7, 2016 01:45 PM EST Reads: 356
Fortunately, meaningful and tangible business cases for IoT are plentiful in a broad array of industries and vertical markets. These range from simple warranty cost reduction for capital intensive assets, to minimizing downtime for vital business tools, to creating feedback loops improving product design, to improving and enhancing enterprise customer experiences. All of these business cases, which will be briefly explored in this session, hinge on cost effectively extracting relevant data from ...
Feb. 7, 2016 01:30 PM EST
With the Apple Watch making its way onto wrists all over the world, it’s only a matter of time before it becomes a staple in the workplace. In fact, Forrester reported that 68 percent of technology and business decision-makers characterize wearables as a top priority for 2015. Recognizing their business value early on, FinancialForce.com was the first to bring ERP to wearables, helping streamline communication across front and back office functions. In his session at @ThingsExpo, Kevin Roberts...
Feb. 7, 2016 12:00 PM EST Reads: 339
SYS-CON Events announced today that Interoute, owner-operator of one of Europe's largest networks and a global cloud services platform, has been named “Bronze Sponsor” of SYS-CON's 18th Cloud Expo, which will take place on June 7-9, 2015 at the Javits Center in New York, New York. Interoute is the owner-operator of one of Europe's largest networks and a global cloud services platform which encompasses 12 data centers, 14 virtual data centers and 31 colocation centers, with connections to 195 ad...
Feb. 7, 2016 11:30 AM EST Reads: 337
With an estimated 50 billion devices connected to the Internet by 2020, several industries will begin to expand their capabilities for retaining end point data at the edge to better utilize the range of data types and sheer volume of M2M data generated by the Internet of Things. In his session at @ThingsExpo, Don DeLoach, CEO and President of Infobright, will discuss the infrastructures businesses will need to implement to handle this explosion of data by providing specific use cases for filte...
Feb. 7, 2016 10:15 AM EST Reads: 101
As enterprises work to take advantage of Big Data technologies, they frequently become distracted by product-level decisions. In most new Big Data builds this approach is completely counter-productive: it presupposes tools that may not be a fit for development teams, forces IT to take on the burden of evaluating and maintaining unfamiliar technology, and represents a major up-front expense. In his session at @BigDataExpo at @ThingsExpo, Andrew Warfield, CTO and Co-Founder of Coho Data, will dis...
Feb. 7, 2016 07:00 AM EST Reads: 110
SYS-CON Events announced today that Fusion, a leading provider of cloud services, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. Fusion, a leading provider of integrated cloud solutions to small, medium and large businesses, is the industry's single source for the cloud. Fusion's advanced, proprietary cloud service platform enables the integration of leading edge solutions in the cloud, including clou...
Feb. 6, 2016 03:30 PM EST Reads: 715
Most people haven’t heard the word, “gamification,” even though they probably, and perhaps unwittingly, participate in it every day. Gamification is “the process of adding games or game-like elements to something (as a task) so as to encourage participation.” Further, gamification is about bringing game mechanics – rules, constructs, processes, and methods – into the real world in an effort to engage people. In his session at @ThingsExpo, Robert Endo, owner and engagement manager of Intrepid D...
Feb. 5, 2016 09:00 PM EST Reads: 783
Eighty percent of a data scientist’s time is spent gathering and cleaning up data, and 80% of all data is unstructured and almost never analyzed. Cognitive computing, in combination with Big Data, is changing the equation by creating data reservoirs and using natural language processing to enable analysis of unstructured data sources. This is impacting every aspect of the analytics profession from how data is mined (and by whom) to how it is delivered. This is not some futuristic vision: it's ha...
Feb. 2, 2016 02:00 PM EST Reads: 407
WebRTC has had a real tough three or four years, and so have those working with it. Only a few short years ago, the development world were excited about WebRTC and proclaiming how awesome it was. You might have played with the technology a couple of years ago, only to find the extra infrastructure requirements were painful to implement and poorly documented. This probably left a bitter taste in your mouth, especially when things went wrong.
Feb. 2, 2016 04:30 AM EST Reads: 845
Learn how IoT, cloud, social networks and last but not least, humans, can be integrated into a seamless integration of cooperative organisms both cybernetic and biological. This has been enabled by recent advances in IoT device capabilities, messaging frameworks, presence and collaboration services, where devices can share information and make independent and human assisted decisions based upon social status from other entities. In his session at @ThingsExpo, Michael Heydt, founder of Seamless...
Feb. 1, 2016 05:00 AM EST Reads: 933
The IoT's basic concept of collecting data from as many sources possible to drive better decision making, create process innovation and realize additional revenue has been in use at large enterprises with deep pockets for decades. So what has changed? In his session at @ThingsExpo, Prasanna Sivaramakrishnan, Solutions Architect at Red Hat, discussed the impact commodity hardware, ubiquitous connectivity, and innovations in open source software are having on the connected universe of people, thi...
Jan. 31, 2016 09:00 PM EST Reads: 723
WebRTC: together these advances have created a perfect storm of technologies that are disrupting and transforming classic communications models and ecosystems. In his session at WebRTC Summit, Cary Bran, VP of Innovation and New Ventures at Plantronics and PLT Labs, provided an overview of this technological shift, including associated business and consumer communications impacts, and opportunities it may enable, complement or entirely transform.
Jan. 31, 2016 07:15 PM EST Reads: 1,142
There are so many tools and techniques for data analytics that even for a data scientist the choices, possible systems, and even the types of data can be daunting. In his session at @ThingsExpo, Chris Harrold, Global CTO for Big Data Solutions for EMC Corporation, showed how to perform a simple, but meaningful analysis of social sentiment data using freely available tools that take only minutes to download and install. Participants received the download information, scripts, and complete end-t...
Jan. 31, 2016 10:00 AM EST Reads: 1,210
For manufacturers, the Internet of Things (IoT) represents a jumping-off point for innovation, jobs, and revenue creation. But to adequately seize the opportunity, manufacturers must design devices that are interconnected, can continually sense their environment and process huge amounts of data. As a first step, manufacturers must embrace a new product development ecosystem in order to support these products.
Jan. 31, 2016 10:00 AM EST Reads: 805
Manufacturing connected IoT versions of traditional products requires more than multiple deep technology skills. It also requires a shift in mindset, to realize that connected, sensor-enabled “things” act more like services than what we usually think of as products. In his session at @ThingsExpo, David Friedman, CEO and co-founder of Ayla Networks, discussed how when sensors start generating detailed real-world data about products and how they’re being used, smart manufacturers can use the dat...
Jan. 30, 2016 07:45 PM EST Reads: 783
When it comes to IoT in the enterprise, namely the commercial building and hospitality markets, a benefit not getting the attention it deserves is energy efficiency, and IoT’s direct impact on a cleaner, greener environment when installed in smart buildings. Until now clean technology was offered piecemeal and led with point solutions that require significant systems integration to orchestrate and deploy. There didn't exist a 'top down' approach that can manage and monitor the way a Smart Buildi...
Jan. 30, 2016 03:45 PM EST Reads: 1,266