Oracle Appeals Google Verdict, Fights 'Software Exceptionalism' - InformationWeek
IoT
IoT
Comments
Oracle Appeals Google Verdict, Fights 'Software Exceptionalism'
Newest First  |  Oldest First  |  Threaded View
Thomas Claburn
50%
50%
Thomas Claburn,
User Rank: Author
2/15/2013 | 12:19:36 AM
re: Oracle Appeals Google Verdict, Fights 'Software Exceptionalism'
All those lawyers, and they best argument they can come up with is that software code is identical to literary text? The problem I see is not software exceptionalism but copyright absolutism.
Deirdre Blake
50%
50%
Deirdre Blake,
User Rank: Apprentice
2/14/2013 | 4:24:51 PM
re: Oracle Appeals Google Verdict, Fights 'Software Exceptionalism'
You are precisely correct, and we most definitely don't want a world void of incremental improvement -- particularly when it comes to programming interfaces -- which is why Oracle will lose again.
GBARRINGTON196
50%
50%
GBARRINGTON196,
User Rank: Strategist
2/14/2013 | 10:45:31 AM
re: Oracle Appeals Google Verdict, Fights 'Software Exceptionalism'
While a clever argument, the simple truth is, software IS different from a Novel. To claim otherwise is to cut us off from incremental improvements. The claim serves to remove from our culture the value of competition.

To claim that improvement in a class of product can ONLY come from radically NEW ways of doing things is ludicrous. It means that improvements in efficiency can only come from the original owner of a product, who, if a product has any economic value, may not feel a need to make a product more efficient for it to sell well.

Under these rules, the first automobile tire manufacturer who put rubber treads on a tire would be able to stop another tire manufacturer from inventing and placing a new tread design into the market that might be safer or more fuel efficient.

And George Foreman would be able to stop another manufacturer from inventing a similar electric grill but with the advantage of a removable ridged grill plate that can be replaced with a flat grill plate for cooking eggs.

A Novel is different because the value of a JK rowling story lies not in the magic or in the words used, but in the very newness of the story itself. Look up the meaning of the word "Novel".

That is the logical extension of Oracle's claim. Clearly, tire tread design and grill plate design are intellectual property. Do we want a world where incremental improvement is illegal?


How Enterprises Are Attacking the IT Security Enterprise
How Enterprises Are Attacking the IT Security Enterprise
To learn more about what organizations are doing to tackle attacks and threats we surveyed a group of 300 IT and infosec professionals to find out what their biggest IT security challenges are and what they're doing to defend against today's threats. Download the report to see what they're saying.
Register for InformationWeek Newsletters
White Papers
Current Issue
2017 State of IT Report
In today's technology-driven world, "innovation" has become a basic expectation. IT leaders are tasked with making technical magic, improving customer experience, and boosting the bottom line -- yet often without any increase to the IT budget. How are organizations striking the balance between new initiatives and cost control? Download our report to learn about the biggest challenges and how savvy IT executives are overcoming them.
Video
Slideshows
Twitter Feed
Sponsored Live Streaming Video
Everything You've Been Told About Mobility Is Wrong
Attend this video symposium with Sean Wisdom, Global Director of Mobility Solutions, and learn about how you can harness powerful new products to mobilize your business potential.
Flash Poll