This is an open letter to Chris Fisher from Jupiter Broadcasting (and friends) regarding the recent tirade against Google “winning” the court battle against Oracle for the use of the Java APIs.
A short summary for the uninitiated:
After Oracle bought Sun including their Java implementation, they sued Google who implemented (some of) the Java APIs for use in the Android operating system, for copyright infringement in some source code, copyright infringement on the API definitions themselves and a couple of software patents they held about how to implement some Java behavior. Round one: Some source code was ruled infringing, APIs were found non-copyrightable and patents were found not-infringing. Round two: A federal court (that normally rules on patent issues) held the ruling of copying (for Oracle) and patents (for Google) but ruled APIs copyrightable and Google infringing on that. Third round: a jury found that Google’s use of the Java APIs was fair-use and no damages should be awarded.
After the last jury decision, there was a lot of back and forth on the internet, notably one Ars Technica article (“op-ed”), by an Oracle lawyer claimed that the result boils down to nullifying any and all open source licenses:
if you offer your software on an open and free basis, any use is fair use.
Then we come to Chris Fisher – as the host of his Linux Action Show podcast, he has spoke out against Google many times in the past, but this tirade in the discussion of the Oracle vs. Google action in the most recent Linux Action Show #419, really demonstrates well the extents of his Googlephobia (LAS #419, 0:46:42):