Reply to post: Re: Author is Dead Wrong

Why Oracle will win its Java copyright case – and why you'll be glad when it does

Dan 55 Silver badge

Re: Author is Dead Wrong

We can't go after people for copyright infringement for using "Itanic" or "cloudobile". You can't defend a word.

You can if you trademark them or argue that they're slander, libel, or similar. We have a super-injunction that revolves around two first-names and two last-names. Words are very defendable.

But that's by-the-by. Oracle have argued time and again that the names of the commands and the way they work are something which is copyrightable - inputs, outputs, errors, and so on are all copyrightable (see "Creativity" and "Substantiality" sections on their slides that accompanied their closing argument). Yet Java's C-based commands work in exactly the same way as they do in C.

PHP also uses copies of C commands. What damage is done to C by PHP using them? None, because the languages have different use cases and different strengths and weaknesses (in PHP's case, mostly weaknesses).

Should Nokia sue the PHP Group and Oracle? No, because it'd be absurd.

Let's have a car-based analogy. Every dashboard and steering-wheel set-up is copyrightable. Car makers would sue each other over the basic layout, people would have to learn it all over again if they changed cars because they wanted an off-road one from another manufacturer instead of the city one they've got now, and it would be something that would not further advancement in cars at all.

This case is Oracle throwing crap at a fan and seeing what sticks. All of this part of the case should be dropped because it goes against how the programming world works and has the potential to wreck advancement in computing for years. Everything could be sued all the way back to punched card.

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