The Oracle purchase of Sun allows oracle to claim ownership in
application software which the whole world contributed to?
Is that correct?
Under prior patent law, it was not the first to file but the first
to invent the objects of a patent that had the valid claim to
actual patent rights? Under current law, I understand it
now to be the first to file gets all? Is that correct.
How does patent law work?
A claim is made by filing the claim with the patent authority
Who has a valid claim one who invents or one who files.
Think of it this way..
MR. Island discovers how to make an island from the sand
found at the ocean bottom.. Mr. Island uses his discovery
to produce a brand new island the size of the USA State
of say Georgia, The Island is now in the middle of the
Atlantic Ocean 450 miles off the shore of New York City.
between London and New York City.
Dr. Patent, LLB, a Lawyer, sees that the mind of Mr.
Island has produced [invented] a very valuable method,
A method that many people would pay a lot of money to
know about because they too want to build their own
private Island in the middle of the ocean.
Dr. Patent tells his congress, look guys I want to own the
method Mr. Island invented, please change the law so
that i can own his method.
Congress debated the issue and decided that many wealthy
people would like to own the products (inventions) of other
people´s minds; so Congress passed a law that lets the
person who want to own the Island and the person who desire
to own the useful method invented by someone, to be able to
claim ownership in the Island and in the method to produce
the island.
Tangible property law created, out of thin air, ownership
rights based on boundary of the property.
To claim ownership in the Island file that claim in the form
of a deed.
Intangible property law created, out of thin air, ownership
rights in useful ways to do something.
To claim ownership in the method used to build the Island,
file a patent.
So on with the story,
So to claim ownership in the Island (Mr. Island built) Dr.
Patent filed a deed, and had a judge order Mr. Island off
the Island, because the island is now owned by Dr. Patent
This is so, Dr. Patent told the judge, because I have the only
deed ever filed to claim ownership in the land. Mr. island
has no deed. The judge had no choice but to evict Mr.
Island.
Dr. Patent told Mr. Island, if you will file a claim of ownership
(that is, a patent) in the method used (invented) to build
your Island, I will pay you enough for it, so you can live
comfortably ever after (say $1 million USD)-.
Mr. Island was broke having been kicked off his own Island
so he signed the patent claim Dr. Patent wrote up for him,
with the Patent office. The patent office issued to Mr.
Island a patent, which Mr Island then sold to Dr. Patent
for $1 Million USD).
So Mr. Island went to another place in the Atlantic and
used the method Mr. island invented to build another
Island.. and filed a deed claiming he owned it.
As soon as Mr. Island moved onto his new Island, Dr.
Patent filed a patent lawsuit, claiming Mr. Island, infringed
¨the method to build Islands¨ patent owned by Dr. Patent.
The patent court awarded Dr. Patent $1 million USD for
patent infringement and ordered Mr. Island to pay
Dr. Patent $1 million USD before the day was out.
From thin air the congress obliged Dr. Patent, and converted
public lands into private ownership by writing the
tangible property law (DEEDs) and again from thin air
congress created a way to for investors and others to own
the products of the human mind of inventors
(methods of doing things) intangible property law.
Dr. Patent licensed the right to use the patent he obtained
from Mr. Island for $500,000; thus far 50 islands have been
built using Mr. Islands method owned by Dr. Patent.
$500,000 * 50 = $25,000,000 profit earned by Dr. Patent.
In short, Congress made it possible for Dr. Patent to steal
both Mr. Island´s Island and his invention of a method to
build such an island.
The story explains why the top 1% own as much as the
entire 99% other percent own.
Patents and deeds transfer ownership from the public to
the private domain, and ownership transfers wealth from
non owners.
IANAL
--------------------------------------------
On Tue, 4/18/17, toki <toki.kantoor@gmail.com> wrote:
Subject: Re: [libreoffice-users] i have questions about licensing in
libreoffice.
To: users@global.libreoffice.org
Date: Tuesday, April 18, 2017, 8:44 PM
On 04/17/2017 09:01 AM, nasrin
khaksar wrote:
> i heard sometimes that
openoffice license is license of oracle company.
Oracle purchased Sun. That
purchase included the trademarks, copyrights,
and other intellectual property rights held by
OpenOffice.org.
After a
couple of years, Oracle donated OpenOffice.org, including
trademarks, copyright, and other intellectual
property rights to The
Apache Software
Foundation.
Which means
that Oracles does owns neither Apache Open Office nor
OpenOffice.org.
However, Oracle does own Java, which is used by
both LibreOffice and
Apache Open Office.
Given a couple of somewhat bizarre legal theories,
supported by, what shall be termed
"interesting' court decisions, an
extremely shaky legal theory can be made that
Oracle owns both
LibreOffice, and Apache
Open Office. As much as I'd like to think that
Oracle has persuaded itself that ownership of
FLOSS is not possible, I
wouldn't put it
past them to be willing to squander away a trillion or
so dollars, in lawsuits to assert ownership of
LibreOffice, Apache
OpenOffice, and other
FLOSS software that it finds either inconvenience,
or a potential cash cow.
> is it true?
There is an apocryphal story of a first legal
intern being told examine
a software
license. In researching the license, he asked: "Is
there any
way, shape, or form, in which
Oracle can assert control of the
software?" Upon being told that Oracle was
purchasing the company that
made the
software whose license was being analysed, the intern said;
"I
can not recommend accepting this
license, because it will depend upon
Oracle.
As an Oracle license, all terms and conditions are subject
to
their specific interpretation, which
usually comes down to: "All your
bases,
they belong to us". Said intern was dully blacklisted
by the
company. A decade later, one of the
members of the board of directors
found
himself across the dinner table from said intern. The member
told
the intern that his prediction about
what Oracle would do, turned out to
be
valid, with disastrous consequences to the company.
jonathon
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