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Oracle’s lawsuit against Google over alleged infringement of Java slipped from epic battle to soap opera this week: The relationships between the judge, jury, plaintiff and defendant have become a tangle of legal ambiguity and financial suffering — or is it avarice? The jury deferred to the judge on the extent of Oracle’s intellectual property protections. The judge, in turn, wrested from the jury control over the lion’s share of damages, yanking Oracle’s prize another few inches out of reach. With major issues still to be decided, it is becoming clear that Judge William Alsup holds the high cards – and that he has the tech smarts to play them intelligently and mercilessly.

The trial is unfolding in three phases: Copyright, patent and damages. The copyright phase ended last week with the jury convicting Google on one of three counts, namely infringement of nine lines of Java code known as rangeCheck. In a separate issue, the jury couldn’t agree on the question of whether Google’s use of the Java API was a so-called fair use, and thus allowable under copyright law. That question went to the judge, who hasn’t decided yet. His decision could have a big impact on the size of Oracle’s payoff, as we’ll explain in below.
 
Phase Two, the patent phase, consumed the past several days, focusing on two Oracle patents that Google allegedly violated. The jury was still deliberating at the time of writing. However, one of Oracle’s claims was thoroughly debunked by Google’s lawyers, who showed that Android does not even use the technology in question. Although anything can still happen, it looks unlikely that the jury will accept that claim. The other claim is a closer call.
 

Oracle Seeks to Cover the Cost of Acquiring Sun

 
But never mind about whether or not Google is guilty of infringing Oracle’s patents. The big money won’t come from damages for patent infringement, but for copyright infringement. That’s where Oracle has pinned its hopes.
 
You can’t blame Oracle for kicking and scratching for anything it can get at this point. Oracle spent $7.38 billion to acquire Java creator Sun Microsystems in 2009 with the thought that it could leverage Java to recoup the cost. Taking Google to court (which it did shortly after the acquisition was formally approved in 2010) could recover most of that money. It’s no coincidence that Oracle’s initial damage estimate was in the $6 billion range. 
 

It’s Up to Judge Alsup

 
Here’s the rub: The fate of Oracle’s prospective payoff now rests entirely with Alsup. When the fair use decision passed to him, with it went control over damages in the copyright phase. If Alsup awards statutory damages, Oracle’s reward would be $150,000. And if the judge rules that Google’s appropriation of the Java API was a fair use, that might be all Oracle gets. On the other hand, if the judge decides against fair use, he still might not award Oracle anything close to the billions of dollars it seeks.
 
Alsup won’t be hoodwinked. He has proven that he is willing to learn about the technological issues at the heart of the case. And learn he has. This week, he revealed that he has not only learned how to program, but has used the nine lines of rangeCheck code more than a hundred times. He found it simple to do, he says. Will he find an infringement of a mere nine lines, out of the entire corpus of Java, worth $1 billion? Or even $1 million?
 
Oracle’s desperation hasn’t been lost on Alsup. During the discussion of copyright damages, he called Oracle’s effort to gain significant revenue from Google “a fishing expedition.”
 
If the developer community agrees, Oracle stands to damage not only its bottom line but also its credibility. Sun created Java to be open source and free. It developed the language more as a steward than as an outright owner. By attempting to copyright the API despite the impact that would have on the entire software ecosystem, Oracle is calling into question the legal nature of computer languages and programming. Its soap opera risks the good will of the developer community at large.




Oracle’s lawsuit against Google over alleged infringement of Java slipped from epic battle to soap opera this week: The relationships between the judge, jury, plaintiff and defendant have become a tangle of legal ambiguity and financial suffering — or is it avarice? The jury deferred to the judge on the extent of Oracle’s intellectual property protections. The judge, in turn, wrested from the jury control over the lion’s share of damages, yanking Oracle’s prize another few inches out of reach. With major issues still to be decided, it is becoming clear that Judge William Alsup holds the high cards – and that he has the tech smarts to play them intelligently and mercilessly.

The trial is unfolding in three phases: Copyright, patent and damages. The copyright phase ended last week with the jury convicting Google on one of three counts, namely infringement of nine lines of Java code known as rangeCheck. In a separate issue, the jury couldn’t agree on the question of whether Google’s use of the Java API was a so-called fair use, and thus allowable under copyright law. That question went to the judge, who hasn’t decided yet. His decision could have a big impact on the size of Oracle’s payoff, as we’ll explain in below.
 
Phase Two, the patent phase, consumed the past several days, focusing on two Oracle patents that Google allegedly violated. The jury was still deliberating at the time of writing. However, one of Oracle’s claims was thoroughly debunked by Google’s lawyers, who showed that Android does not even use the technology in question. Although anything can still happen, it looks unlikely that the jury will accept that claim. The other claim is a closer call.
 

Oracle Seeks to Cover the Cost of Acquiring Sun

 
But never mind about whether or not Google is guilty of infringing Oracle’s patents. The big money won’t come from damages for patent infringement, but for copyright infringement. That’s where Oracle has pinned its hopes.
 
You can’t blame Oracle for kicking and scratching for anything it can get at this point. Oracle spent $7.38 billion to acquire Java creator Sun Microsystems in 2009 with the thought that it could leverage Java to recoup the cost. Taking Google to court (which it did shortly after the acquisition was formally approved in 2010) could recover most of that money. It’s no coincidence that Oracle’s initial damage estimate was in the $6 billion range. 
 

It’s Up to Judge Alsup

 
Here’s the rub: The fate of Oracle’s prospective payoff now rests entirely with Alsup. When the fair use decision passed to him, with it went control over damages in the copyright phase. If Alsup awards statutory damages, Oracle’s reward would be $150,000. And if the judge rules that Google’s appropriation of the Java API was a fair use, that might be all Oracle gets. On the other hand, if the judge decides against fair use, he still might not award Oracle anything close to the billions of dollars it seeks.
 
Alsup won’t be hoodwinked. He has proven that he is willing to learn about the technological issues at the heart of the case. And learn he has. This week, he revealed that he has not only learned how to program, but has used the nine lines of rangeCheck code more than a hundred times. He found it simple to do, he says. Will he find an infringement of a mere nine lines, out of the entire corpus of Java, worth $1 billion? Or even $1 million?
 
Oracle’s desperation hasn’t been lost on Alsup. During the discussion of copyright damages, he called Oracle’s effort to gain significant revenue from Google “a fishing expedition.”
 
If the developer community agrees, Oracle stands to damage not only its bottom line but also its credibility. Sun created Java to be open source and free. It developed the language more as a steward than as an outright owner. By attempting to copyright the API despite the impact that would have on the entire software ecosystem, Oracle is calling into question the legal nature of computer languages and programming. Its soap opera risks the good will of the developer community at large.


Web Data is Big Data

There’s a lot of data on the Web crucial to Big Data analyses, but it’s not all neatly packaged into feeds and APIs. Kapow Katalyst brings this data into the Big Data fold.

Following China’s approval of the deal, Google is set to acquire smartphone maker Motorola Mobility for $12.5 billion as soon as this coming week.

Weekly Wrap UpGoogle unveiled the Knowledge Graph. SlideShark makes giving presentations via your iPad easy peasy. Learn more about these stories and many more in the ReadWriteWeb Weekly Wrap-up.

After the jump you’ll find more of this week’s top news stories on some of the key topics that are shaping the Web – Location, App Stores and Real-Time Web – plus highlights from some of our six channels. Read on for more.

Google Goes Back to What It Does Well: Finding Things

Google Goes Back to What It Does Well: Finding Things

Google released the Knowledge Graph this week and Jon Mitchell explains the ins and outs:

In the new Google, with the Knowledge Graph online, a new box will come up. You’ll still get the Google results you’re used to, including the box scores for the team Google thinks you’re looking for, but on the right side, a box called “See results about” will show brief descriptions for the Los Angeles Kings, the Sacramento Kings, and the TV series, Kings. If you need to clarify, click the one you’re looking for, and Google will refine your search query for you.

Learn more about how this will affect your search experience by reading Jon Mitchell’s Google Goes Back to What It Does Well: Finding Things.

Giving iPad PowerPoint Presentations Just Got a Lot Better

Giving iPad PowerPoint Presentations Just Got a Lot Better

If you’ve ever tried to give a presentation with your iPad, you know it’s virtually impossible if you want to use presenter mode. That all changed with the recent release of SlideShark. Get a good look at the app by reading David Strom’s review of the presentation app, SlideShark.

More Top Stories

[Infographic] Taking HTML5 to the Next Level for Mobile

[Infographic] Taking HTML5 to the Next Level for Mobile

By 2013, there will be more than one billion HTML5-capable browsers in use throughout the world. Applications for those HTML5 browsers will be created by two million HTML Web developers, according to research from IDC. There is no question that HTML5 is going to be a major factor in mobile development during the next five to 10 years. The rise of HTML5 does not mean the death of native applications, but as the standard progresses, many developers will begin to incorporate more HTML5 into their apps than native code. More

Study: Facebook Timeline Improves Fan Engagement For Brands

Study: Facebook Timeline Improves Fan Engagement For Brands

Facebook posts by brands live longer on Timeline than they did prior to the social network’s massive overhaul, according to a study released Monday.

While the analysis by London-based social media analytics firm Sotrender is limited in scope, covering just 130 brands headquartered in the U.K. and 5,000 posts, it is the first such empirical review since Timeline became mandatory for all Facebook brand pages at the end of March. More

Computer Programming for All: A New Standard of Literacy

Computer Programming for All: A New Standard of Literacy

Everyone ought to be able to read and write; few people within the global mainstream would argue with that statement. But should everyone be able to program computers? The question is becoming critically important as digital technology plays an ever more central role in daily life. The movement to make code literacy a basic tenet of education is gaining momentum, and its success or failure will have a huge impact on our society. More

What Is the Point of: #Hashtags?

What Is the Point of: #Hashtags?

Whenever a new Web trend comes along, there are people who ask, “What is the point of this?” If millions of people are using something, there has to be a reason. In our “What Is the Point of…” series, we’ll explain it to you.

This week, we’re asking, What is the point of #hashtags? More

Staying Off Facebook Won't Protect Your Privacy

Staying Off Facebook Won’t Protect Your Privacy

Stay away from social networks and people won’t know who you’re hanging out with or what you’re doing, right? Wrong. When it comes to social networking, a recent study suggests, you can run but you can’t hide. More

A Discreet Guide to Using Mobile Devices in the Loo

A Discreet Guide to Using Mobile Devices in the Loo

Last year, British researchers swabbed 390 cell phones and analyzed what they picked up. Know what they found? One in six phones has poop on it. Four out of five are contaminated by some kind of bacteria. Sure, we all like to make our own calls while answering Mother Nature’s, but that’s just gross. Here’s a surefire way to avoid a crappy user experience on your smartphone or other mobile device. More

How and Why Your Startup Should Go Virtual

How and Why Your Startup Should Go Virtual

Working virtually sounds like heaven to many startups. After all, not having a central office staffed with employees saves money on rent, utilities, parking, etc., freeing you to invest in research, development or marketing.

On the other hand, operating virtually is no panacea. Before you make the virtual leap, you need to figure out exactly what working virtually means to your business. More

ReadWriteWeb Channels

Enterprise

Follow ReadWriteEnterprise on Twitter.

Mobile

Follow ReadWriteMobile on Twitter.

Cloud

Follow ReadWriteCloud on Twitter and join the ReadWriteCloud LinkedIn Group.

Start

ReadWriteWeb Community

You can find ReadWriteWeb in many places on the web, a few of which are below.

Subscribe to the ReadWriteWeb Weekly Wrap-up

Want to have this wrap up delivered to you automagically? You can subscribe to the Weekly Wrap-up by RSS or by email.


Weekly Wrap UpGoogle unveiled the Knowledge Graph. SlideShark makes giving presentations via your iPad easy peasy. Learn more about these stories and many more in the ReadWriteWeb Weekly Wrap-up.

After the jump you’ll find more of this week’s top news stories on some of the key topics that are shaping the Web – Location, App Stores and Real-Time Web – plus highlights from some of our six channels. Read on for more.

Google Goes Back to What It Does Well: Finding Things

Google Goes Back to What It Does Well: Finding Things

Google released the Knowledge Graph this week and Jon Mitchell explains the ins and outs:

In the new Google, with the Knowledge Graph online, a new box will come up. You’ll still get the Google results you’re used to, including the box scores for the team Google thinks you’re looking for, but on the right side, a box called “See results about” will show brief descriptions for the Los Angeles Kings, the Sacramento Kings, and the TV series, Kings. If you need to clarify, click the one you’re looking for, and Google will refine your search query for you.

Learn more about how this will affect your search experience by reading Jon Mitchell’s Google Goes Back to What It Does Well: Finding Things.

Giving iPad PowerPoint Presentations Just Got a Lot Better

Giving iPad PowerPoint Presentations Just Got a Lot Better

If you’ve ever tried to give a presentation with your iPad, you know it’s virtually impossible if you want to use presenter mode. That all changed with the recent release of SlideShark. Get a good look at the app by reading David Strom’s review of the presentation app, SlideShark.

More Top Stories

[Infographic] Taking HTML5 to the Next Level for Mobile

[Infographic] Taking HTML5 to the Next Level for Mobile

By 2013, there will be more than one billion HTML5-capable browsers in use throughout the world. Applications for those HTML5 browsers will be created by two million HTML Web developers, according to research from IDC. There is no question that HTML5 is going to be a major factor in mobile development during the next five to 10 years. The rise of HTML5 does not mean the death of native applications, but as the standard progresses, many developers will begin to incorporate more HTML5 into their apps than native code. More

Study: Facebook Timeline Improves Fan Engagement For Brands

Study: Facebook Timeline Improves Fan Engagement For Brands

Facebook posts by brands live longer on Timeline than they did prior to the social network’s massive overhaul, according to a study released Monday.

While the analysis by London-based social media analytics firm Sotrender is limited in scope, covering just 130 brands headquartered in the U.K. and 5,000 posts, it is the first such empirical review since Timeline became mandatory for all Facebook brand pages at the end of March. More

Computer Programming for All: A New Standard of Literacy

Computer Programming for All: A New Standard of Literacy

Everyone ought to be able to read and write; few people within the global mainstream would argue with that statement. But should everyone be able to program computers? The question is becoming critically important as digital technology plays an ever more central role in daily life. The movement to make code literacy a basic tenet of education is gaining momentum, and its success or failure will have a huge impact on our society. More

What Is the Point of: #Hashtags?

What Is the Point of: #Hashtags?

Whenever a new Web trend comes along, there are people who ask, “What is the point of this?” If millions of people are using something, there has to be a reason. In our “What Is the Point of…” series, we’ll explain it to you.

This week, we’re asking, What is the point of #hashtags? More

Staying Off Facebook Won't Protect Your Privacy

Staying Off Facebook Won’t Protect Your Privacy

Stay away from social networks and people won’t know who you’re hanging out with or what you’re doing, right? Wrong. When it comes to social networking, a recent study suggests, you can run but you can’t hide. More

A Discreet Guide to Using Mobile Devices in the Loo

A Discreet Guide to Using Mobile Devices in the Loo

Last year, British researchers swabbed 390 cell phones and analyzed what they picked up. Know what they found? One in six phones has poop on it. Four out of five are contaminated by some kind of bacteria. Sure, we all like to make our own calls while answering Mother Nature’s, but that’s just gross. Here’s a surefire way to avoid a crappy user experience on your smartphone or other mobile device. More

How and Why Your Startup Should Go Virtual

How and Why Your Startup Should Go Virtual

Working virtually sounds like heaven to many startups. After all, not having a central office staffed with employees saves money on rent, utilities, parking, etc., freeing you to invest in research, development or marketing.

On the other hand, operating virtually is no panacea. Before you make the virtual leap, you need to figure out exactly what working virtually means to your business. More

ReadWriteWeb Channels

Enterprise

Follow ReadWriteEnterprise on Twitter.

Mobile

Follow ReadWriteMobile on Twitter.

Cloud

Follow ReadWriteCloud on Twitter and join the ReadWriteCloud LinkedIn Group.

Start

ReadWriteWeb Community

You can find ReadWriteWeb in many places on the web, a few of which are below.

Subscribe to the ReadWriteWeb Weekly Wrap-up

Want to have this wrap up delivered to you automagically? You can subscribe to the Weekly Wrap-up by RSS or by email.


The weekly roundup of Generation Y and student resources you may have missed.

sonic

Another week, more app releases. We sifted through the week’s hottest apps to compile this awesome list of things you can’t afford to miss.

The apps this week include an old favorite, looking at the weather in a different way, a Flipboard update and much, much more.

The latest Sonic game comes to iOS

Sonic the Hedgehog is back in the newest version of his iOS adventures. Steer the famous hedgehog through ramps and loops, collecting rings and jumping on bad guys.

Price: $6.99

Google’s new activity recommendation app is called Schemer

Google released Schemer as a sort of activity recommendation app. For example, it might tell you to take a mixology course at Bourbon and Branch speakeasy, relive Ferris Bueller’s Day Off in Chicago, or use leftover tortillas to make chilaquiles.

You can then create new activities to be recommended to other people on Schemer.

Price: free

DC Comics got a new upgrade

If you love your Batman comics, now you can read them on your new iPad with this app’s new Retina display compatibility. Fight scenes and colored sound effects never looked so good.

Price: free

See the rest of the story at Business Insider

Please follow SAI: Tools on Twitter and Facebook.


sonic

Another week, more app releases. We sifted through the week’s hottest apps to compile this awesome list of things you can’t afford to miss.

The apps this week include an old favorite, looking at the weather in a different way, a Flipboard update and much, much more.

The latest Sonic game comes to iOS

Sonic the Hedgehog is back in the newest version of his iOS adventures. Steer the famous hedgehog through ramps and loops, collecting rings and jumping on bad guys.

Price: $6.99

Google’s new activity recommendation app is called Schemer

Google released Schemer as a sort of activity recommendation app. For example, it might tell you to take a mixology course at Bourbon and Branch speakeasy, relive Ferris Bueller’s Day Off in Chicago, or use leftover tortillas to make chilaquiles.

You can then create new activities to be recommended to other people on Schemer.

Price: free

DC Comics got a new upgrade

If you love your Batman comics, now you can read them on your new iPad with this app’s new Retina display compatibility. Fight scenes and colored sound effects never looked so good.

Price: free

See the rest of the story at Business Insider

Please follow SAI: Tools on Twitter and Facebook.


htc evo 4g lte

AT&T is sold out of the One X on its website. Thankfully, the phone launched early enough that several third-party retailers, such as Amazon and Target, still have stock.

Sprint just launched its EVO 4G LTE flagship phone, but it’s impossible to find that device. You might want to blame Apple or HTC for the delay, but you shouldn’t.

We spoke with one expert to shed light on the whole situation.

First, a little background.

The phones are locked down in U.S. Customs and Border Protection (CBP) due to an ITC exclusion order, which was issued on April 19th after a judge ruled that HTC was infringing on Apple’s technology. The tech was specifically related to HTC’s custom messaging app and Android’s own browser and messaging applications. HTC’s software originally allowed users to click a phone number to see a menu of choices asking the user what he or she wanted to do with the number, but that was Apple’s technology. You can see it all over iOS. HTC had to create a workaround and no longer presents that menu option on the AT&T One X or Sprint EVO 4G LTE.

“It appears HTC has made the changes they need to make,” Nilay Patel, a former U.S. copyright attorney who now works for The Verge, and who has followed the case closely, explained to TechnoBuffalo. ”So what’s happening now is the exclusion order bars HTC from importing anything that violates the patents. Customs has to tell its guys at the ports what this means.”

It’s the job of U.S. Customs to make sure that HTC’s products don’t infringe on Apple’s technology, and customs has to do this at the border right when the phones come into the country. AT&T’s One X and Sprint’s EVO 4G LTE are the first phones from HTC that have had to enter the country since April 19th, so it’s the first time HTC is dealing with this situation. “There’s a little bit of naivety on HTC, they didn’t know,” Patel said. “I don’t think they were expecting customs to enforce the order in this way. HTC should have probably stretched their [launch] dates, I think they got the first batch in and assumed everything was fine. That’s all you can blame them for.”

“HTC is a little new to the game and this enforcement action at customs is happening without Apple and without HTC – they don’t seem to be directly involved,” Patel said. It typically takes about a month for specific instructions to be written up and passed to the dockworkers at customs. That’s why it might have been possible for the initial allotment of HTC One X phones to get through.

Patel said HTC is doing all that it can to avoid infringing on Apple’s patents and to make sure the phones get to carriers and in consumer’s hands. “They are doing, in some ways, a better job than Samsung,” he said. “You can’t blame them for anything other than they didn’t expect customs to do this. Why would they expect customs to do this? They don’t have visibility to customs the way you would expect them to.” Customs has to inspect the new phones to make sure they don’t infringe on the patent or HTC could potentially infringe on the patent again and the two companies could end up back in court. It would be a tireless loop of litigation, otherwise.

You can’t blame Apple, either. Patel said the legal battle, which Apple won, was over a legacy Apple patent that was used back as far as Mac OS 9. “They invented it then and they should protect it now,” he explained. Unfortunately, nobody knows exactly what’s going inside the doors at Customs, which is why we haven’t seen updated shipment dates from AT&T or Sprint.

“It’s like the KGB,” Patel explained. “It’s not subject to the Freedom Of Information Act. The instructions are delivered electronically directly to the agents, there isn’t any paperwork.”

When can we expect the phones to be back on store shelves? It could happen tomorrow or it could happen 6 months from now, nobody knows for sure.

One thing is clear: Customs is putting a damper on carrier sales. The One X is AT&T’s most powerful 4G LTE smartphone right now and the EVO 4G LTE is supposed to help usher in excitement for Sprint’s 4G LTEnetwork. If customers can’t buy the phones they want, they’ll likely gravitate to other devices, or maybe even choose other carriers with similar options. Sprint customers have already waited long enough for the next flagship EVO, what’s to say they won’t just give up on the carrier and jump to Verizon or T-Mobile instead?

Sprint desperately needs its customers. Any roadblock preventing them from buying its best phone isn’t going to help it hang on to subscribers. Worse, HTC needs to compete against Apple and Samsung for consumer mindshare, and U.S. smartphone market share, especially ahead of the Samsung Galaxy S IIIlaunch and Apple’s incoming next-generation iPhone. The company’s CEO has already said recovery of its U.S. market share will be “difficult.”

A judge has ordered Apple and HTC to meet in a courtroom on August 28th to attempt to settle multiple patent disputes. Hopefully, for the sake of AT&T, Sprint, HTC and consumers, the phones make it through U.S. Customs long before then.

Please follow SAI on Twitter and Facebook.

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