ARMONK, N.Y., Nov. 20, 2014 /PRNewswire/ -- IBM (NYSE: IBM) today announced that it is bringing a greater level of control, security and flexibility to cloud-based application development and delivery with a single-tenant version of Bluemix, IBM's platform-as-a-service. The new platform enables developers to build ap...
|By Jeremy Geelan||
|October 5, 2004 12:00 AM EDT||
It's not often, recently, that the editor of Groklaw.net, Pamela Jones - a.k.a. "PJ" - has expressed much sympathy for Sun.
Normally she is at the forefront of those criticizing Sun's management for their settlement with Microsoft, which she argues is nothing more than a pact to fight off the enterprise Linux challenge represented by Red Hat:
"Sun and Microsoft evidently have figured out from the SCO wars...that attacking the FOSS community is suicide. So they have a new strategy: they will isolate Red Hat from the GNU/Linux herd, and they are now stalking it with the clear intent to destroy it." (Groklaw.net, September 28, 2004)
But this week Jones is singing a different tune, because - compared to what she sees as the "truly disgusting" iniquity of Kodak's patent-infringement suit against Sun Microsystems - the Sun-Microsoft pact dwindles in significance.
Referring to Friday's decision in Kodak's favor by the federal jury in Rochester, NY, Jones aserts that "Kodak won, thanks to a patent system spinning out of control, one that is destroying creativity and innovation in the software industry."
"Sun, for all its faults," PJ writes, "developed Java. Sun is a tech company that cares about excellence, and they have put their heart and soul into developing Java. A community formed around Java too, and many, many individuals also contributed to its development."
Contrast this, she implies, to the low-down tactics of the Eastman Kodak Co.
"Kodak now says it will seek, in the damages part of the trial, $1.06 billion in past royalties, which they calculate represents *half* of Sun's operating profit from the sales of computer servers and storage equipment between January 1998 and June 2001. Why do they feel that is fair? Because Java provides 'the engine for such computer equipment.' Puh-lease. This is their workaround. You can download Java free, so I gather they wish to grab their royalties loot from Sun's hardware sales instead. I would expect them to also try to work out some kind of ongoing royalty deal as well, until the patent runs out. What kind of an upside-down, irrational Alice-in-Wonderland world do we live in, where such a result is possible?" (Groklaw.net, October 3, 2004)
The current patents laws "reward the Kodaks of the world," Jones continues, "and penalizes Sun for years and years of expense and sweat and toil and creativity by robbing them of their due reward, not to mention removing any motive to ever do such innovative things again as long as they live."
Strong language indeed.
Oddly, and by a strange coincidence, Sun's own president and COO, Jonathan Schwartz, blogged on Friday - the very same day the federal jury handed down its decision that the Java programming language infringes on patents held by Eastman Kodak - that, on the contrary, software and patents were not just strange bedfellows, but necessary room-mates.
Friday's entry, entitled "I believe in IP," began in resounding Schwartzian style:
"I believe in intellectual property. In my view, it's the foundation of world economies, and certainly the foundation upon which Sun Microsystems was built. Copyright, trademark, patent - I believe in them all. I also believe in innovation and competition - and that these beliefs are not mutually exclusive."
"If you look at Sun's business," Schwartz continued, "all we really are, like most of our peers in the technology industry (and the media and entertainment industries with which we're converging), is an intellectual property fountain. Pour money in the top, some of the world's most talented people go to work, intellectual property falls out the other end. We happen to turn our IP into storage and servers and software and services - but realistically, that's what our manufacturing and service partners do for us. All Sun ultimately does is create ideas, design systems and engage communities."
So what, more specifically, is his stance on patents? Here is what Schwartz wrote:
"A few weeks ago, the CEO of one of the more popular open source companies called and asked me to support their stance on the invalidation of software patents. I listened closely, I respect the guy and his company. But this was the same CEO who forbade Sun from shipping his open source technology with Solaris based on a curious interpretation of the GNU Public License. And based on rabid enforcement of copyright. He was looking for broadscale support for invalidation of software patents - not spurious patents, not the kind that are acquired for litigation, but the whole concept of software patents.
And so I asked - 'I'm not sure why you're asking my support to invalidate what Sun's stockholders have invested tens of billions of dollars to create, when you'd cringe if I told you to give away your largest asset, your copyright and brand.' His answer, 'You just don't understand.' He was right, I didn't and don't. And we're going to agree to disagree.'"
What goes for Sun presumably goes for Eastman Kodak, which purchased the disputed patents from Wang Laboratories in 1997 when it bought Wang's imaging software business for $260 million and is now looking for restitution in the damages part of the trial to the tune of $1.06 billion in past royalties, which Kodak's lawyers calculate represents half of Sun's operating profit from the sales of computer servers and storage equipment between January 1998 and June 2001. So are we to assume that Sun won't be protesting the federal jury decision?
We are not. Sun's lawyers will on the contrary, be mounting "a vigorous defense" in the damages phase of the trial, they say.
Their argument to date has been that Java does not violate the Kodak patents, and that - even if it does - they are invalid.
This may be difficult to reconcile with Schwartz's spirited blog. "I continue to believe in the protection of ideas conveyed by patents," he writes. "From drug discovery to academic work, the protection of IP is part and parcel of what incents inventors to invent, and investors to invest."
As they say: in this life, timing is everything.
|OS Solaris? 11/01/04 06:42:31 AM EST|
Talking of patents, hasn't The SCO Group Inc. consistently has said Sun does not have the rights under its contracts to open-source Solaris. So, how does Sun propose to open-source Solaris 10?
|Dat Guy 10/05/04 09:04:10 PM EDT|
PS: I want 15 cents from anyone that reads my last comment out loud. Seriously, I'll sue your *** if you don't send me money now!
|Dat Guy 10/05/04 08:59:57 PM EDT|
I just got a patent on the audibale frequency pattern produced by linear occiliscopic filters using cross parabolic scopular programming algorithms, created when someone utters the word "Kodak".
I am now suing Kodak for 15 cents for every time they answer their phone. They claim my use of the patent is an underhanded abuse and money grab! They will pay for my stupidity!!
|me_mybusiness 10/05/04 01:31:04 PM EDT|
Datastalker has hit the nail in the head.
In North America (America and Canada), the way to pursue the American\Canadian dream used to be to build something or provide a service, work hard and do it better than the other guy. The quality of the product or service one provided would determine whether one succeed.
At that time, people who wanted to "get in on the action" would invest in your endeavour. For a small investment, they could share in the profits. It was a passive thing - stockholders were along for the ride, they didn't drive the bus.
Enter accountants whose only concerns are "profit centers", "cost centers", and the bottom line.
Now companies no longer make their money providing products or sevices, they make it by selling stock, and the driving force is not innovation or quality, but "Maximizing Stockholder Value", which seems to be accomplished by cutting costs, producing cheaply, and forcing stock price higher by any means possible, including frivolous lawsuits, patent grabbing, outright deception, etc.
Maybe it's time someone in this part of the world started a company where the quality of its products and\or services were the focus, not whether you can sell your stock for more, whether you can manipulate the courts to stifle competition, or whether you can save a few bucks by sending the work to Bangalore...
|JavaMan 10/05/04 09:06:00 AM EDT|
I'm an advocate for open source and the sharing of ideas that make this world a better place to both live and work. I truly believe that two people can have the same idea and formulate the same type of solution. The question then becomes "Whose idea was it in the first place?" In our world it would seem to be the person who makes it to the patent office first.
Kodak "happened" to acquire these patents from Wang. Bottom line, the idea and the solution behind them weren't theirs to begin with. Kodak stands to reap fruit from trees they didn't plant.
We all need to grow up a little a share like good boys and girls. If money is the only thing that drives our creativity (or pursuit of someone elses patents) then, as a society, we have much deeper issues.
|moojin 10/05/04 08:49:34 AM EDT|
Isn't "one program calling another program for help" the whole idea behind object oriented programming? And even before object oriented programming was defined, one program calling another program can be found in almost any operating system or complex application.
|thewiz 10/05/04 08:16:53 AM EDT|
Unfortunately, IMO it will take some software companies being litigated out of existence before the patent laws change. Like healthcare in America, changes to law are ALWAYS a reaction to something being really out of whack.
Think about how long it has taken for Americans to get a clue about how bad things like McDonalds food are for your health. Our healthcare system reacts to things, like people having a heart attack, instead of the person taking preventative measures (exercise, diet) before the heart attack happens.
It's going to take several major software companies having legal "heart attacks" because of software patents before the rest of the industry gets a clue and quits dining at the trough of patents and IP.
|madstork2000 10/05/04 08:12:05 AM EDT|
Kodak is yet another company that has been bleeding badly, and thus turns to litigation to survive. Hopefully soon a judge and the judges above them will get a clue and realize software patents are ridiculous, and should not be allowed to survive.
|tabdelgawad 10/05/04 07:38:43 AM EDT|
I don't see how patents have fostered software innovation in the US; copyrights seem to be sufficient protection for that. On the other hand, where is the *evidence* that patents have choked-off software innovation? What developer did not pursue an idea for fear of a patent-infringement lawsuit?
If we're going to argue against patents, then let's see the evidence that they actually choked-off innovation.
|LordK2002 10/05/04 07:36:20 AM EDT|
Given that this lawsuit is a threat to Sun, Microsoft and IBM, anybody want to take bets on how long Kodak will prevail?
|bartman 10/05/04 07:26:23 AM EDT|
If Kodak owns a patent which describes a way for a piece of software to "ask for help" from another application, then aren't technologies like RPC and CORBA at risk?
|datastalker 10/05/04 07:04:12 AM EDT|
It seems that today, companies don't produce products, they produce lawsuits, and that's how they get their money. How long can this continue?
Furthermore, since $1.06B is about 1/3 of Sun's cash on hand, what will that mean for Sun? It's 7% of their total value, so this can't be good for them.
In the end, it's only the lawyers who win.
|rollingcalf 10/05/04 07:00:43 AM EDT|
Software is the only thing in the world that can be patented, copyrighted, and be a trade secret at the same time (because source code in usually not revealed). That definitely makes it different, and that sort of multi-level IP protection is excessive.
|eamacnaghten 10/05/04 06:59:31 AM EDT|
This epitomizes the case against software patents. They are too open to abuse. The purpose of patents is to encourage inovation, I do not think this is the case with software ones. The vast majority of software is written by employees of non-software companies for those companies. Software patents are irrelevant there. Copyright performs as good a protection where needed regarding software as ever is required.
Nov. 20, 2014 05:45 PM EST Reads: 558
"There is a natural synchronization between the business models, the IoT is there to support ,” explained Brendan O'Brien, Co-founder and Chief Architect of Aria Systems, in this SYS-CON.tv interview at the 15th International Cloud Expo®, held Nov 4–6, 2014, at the Santa Clara Convention Center in Santa Clara, CA.
Nov. 20, 2014 05:30 PM EST Reads: 886
Focused on this fast-growing market’s needs, Vitesse Semiconductor Corporation (Nasdaq: VTSS), a leading provider of IC solutions to advance "Ethernet Everywhere" in Carrier, Enterprise and Internet of Things (IoT) networks, introduced its IStaX™ software (VSC6815SDK), a robust protocol stack to simplify deployment and management of Industrial-IoT network applications such as Industrial Ethernet switching, surveillance, video distribution, LCD signage, intelligent sensors, and metering equipment. Leveraging technologies proven in the Carrier and Enterprise markets, IStaX is designed to work ac...
Nov. 20, 2014 05:15 PM EST Reads: 694
C-Labs LLC, a leading provider of remote and mobile access for the Internet of Things (IoT), announced the appointment of John Traynor to the position of chief operating officer. Previously a strategic advisor to the firm, Mr. Traynor will now oversee sales, marketing, finance, and operations. Mr. Traynor is based out of the C-Labs office in Redmond, Washington. He reports to Chris Muench, Chief Executive Officer. Mr. Traynor brings valuable business leadership and technology industry expertise to C-Labs. With over 30 years' experience in the high-tech sector, John Traynor has held numerous...
Nov. 20, 2014 05:00 PM EST Reads: 767
Bit6 today issued a challenge to the technology community implementing Web Real Time Communication (WebRTC). To leap beyond WebRTC’s significant limitations and fully leverage its underlying value to accelerate innovation, application developers need to consider the entire communications ecosystem.
Nov. 20, 2014 04:45 PM EST Reads: 421
The 3rd International @ThingsExpo, co-located with the 16th International Cloud Expo - to be held June 9-11, 2015, at the Javits Center in New York City, NY - announces that it is now accepting Keynote Proposals. The Internet of Things (IoT) is the most profound change in personal and enterprise IT since the creation of the Worldwide Web more than 20 years ago. All major researchers estimate there will be tens of billions devices - computers, smartphones, tablets, and sensors - connected to the Internet by 2020. This number will continue to grow at a rapid pace for the next several decades.
Nov. 20, 2014 01:00 PM EST Reads: 1,246
The Internet of Things is not new. Historically, smart businesses have used its basic concept of leveraging data to drive better decision making and have capitalized on those insights to realize additional revenue opportunities. So, what has changed to make the Internet of Things one of the hottest topics in tech? In his session at @ThingsExpo, Chris Gray, Director, Embedded and Internet of Things, discussed the underlying factors that are driving the economics of intelligent systems. Discover how hardware commoditization, the ubiquitous nature of connectivity, and the emergence of Big Data a...
Nov. 20, 2014 12:30 PM EST Reads: 1,558
Almost everyone sees the potential of Internet of Things but how can businesses truly unlock that potential. The key will be in the ability to discover business insight in the midst of an ocean of Big Data generated from billions of embedded devices via Systems of Discover. Businesses will also need to ensure that they can sustain that insight by leveraging the cloud for global reach, scale and elasticity.
Nov. 18, 2014 09:00 PM EST Reads: 1,895
SYS-CON Events announced today that Windstream, a leading provider of advanced network and cloud communications, has been named “Silver Sponsor” of SYS-CON's 16th International Cloud Expo®, which will take place on June 9–11, 2015, at the Javits Center in New York, NY. Windstream (Nasdaq: WIN), a FORTUNE 500 and S&P 500 company, is a leading provider of advanced network communications, including cloud computing and managed services, to businesses nationwide. The company also offers broadband, phone and digital TV services to consumers primarily in rural areas.
Nov. 18, 2014 08:15 PM EST Reads: 1,355
SYS-CON Events announced today that IDenticard will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. IDenticard™ is the security division of Brady Corp (NYSE: BRC), a $1.5 billion manufacturer of identification products. We have small-company values with the strength and stability of a major corporation. IDenticard offers local sales, support and service to our customers across the United States and Canada. Our partner network encompasses some 300 of the world's leading systems integrators and security s...
Nov. 18, 2014 08:15 PM EST Reads: 1,296
IoT is still a vague buzzword for many people. In his session at @ThingsExpo, Mike Kavis, Vice President & Principal Cloud Architect at Cloud Technology Partners, discussed the business value of IoT that goes far beyond the general public's perception that IoT is all about wearables and home consumer services. He also discussed how IoT is perceived by investors and how venture capitalist access this space. Other topics discussed were barriers to success, what is new, what is old, and what the future may hold. Mike Kavis is Vice President & Principal Cloud Architect at Cloud Technology Pa...
Nov. 18, 2014 01:30 PM EST Reads: 1,914
Smart devices that use wireless technology to exchange information with each other and with their human owners: this is the Internet of Things (IoT). This incredible level of connectivity is already transforming how we exercise, treat diseases, park our cars and access business documents. Research firm IDC projects that the IoT world of connected devices will grow to 200 billion objects by 2020. As more businesses, entrepreneurs and government entities embrace the IoT, more data will be generated daily than the already mind-boggling 2.5 quintillion bytes of data per day. However, even curren...
Nov. 15, 2014 02:00 PM EST Reads: 1,585
The Industrial Revolution in the 18th to 19th centuries was a period during which predominantly rural societies in Europe and America became industrial and urban. Advances in steam technology, transportation, mass production and the telegraph collectively transformed industry and society. Today, the Internet of Things (IoT) has the potential to once again transform industry and society just as the Industrial Revolution did. Analyst firm IDC forecasts that the IoT market will grow to $8.9 trillion by 2020 with anywhere between 30 to 50 billion connected autonomous things, making the potential g...
Nov. 15, 2014 12:00 PM EST Reads: 1,648
Cloud Expo 2014 TV commercials will feature @ThingsExpo, which was launched in June, 2014 at New York City's Javits Center as the largest 'Internet of Things' event in the world. The next @ThingsExpo will take place November 4-6, 2014, at the Santa Clara Convention Center, in Santa Clara, California. Since its launch in 2008, Cloud Expo TV commercials have been aired and CNBC, Fox News Network, and Bloomberg TV. Please enjoy our 2014 commercial.
Nov. 13, 2014 05:00 AM EST Reads: 3,485
From a software development perspective IoT is about programming "things," about connecting them with each other or integrating them with existing applications. In his session at @ThingsExpo, Yakov Fain, co-founder of Farata Systems and SuranceBay, will show you how small IoT-enabled devices from multiple manufacturers can be integrated into the workflow of an enterprise application. This is a practical demo of building a framework and components in HTML/Java/Mobile technologies to serve as a platform that can integrate new devices as they become available on the market.
Nov. 10, 2014 12:30 PM EST Reads: 2,587
The 3rd International Internet of @ThingsExpo, co-located with the 16th International Cloud Expo - to be held June 9-11, 2015, at the Javits Center in New York City, NY - announces that its Call for Papers is now open. The Internet of Things (IoT) is the biggest idea since the creation of the Worldwide Web more than 20 years ago.
Nov. 10, 2014 12:00 PM EST Reads: 5,892
Located in booth #314, the Bsquare team will present DataV demos and discuss how DataV will help customers put their data to work to improve business outcomes. DataV is unlocking new initiatives across a wide landscape of customers in industries such as industrial manufacturing, transportation, retail and mobile. The solution is designed to complement a new project start or help to enrich an existing machine investment.
Nov. 6, 2014 03:15 PM EST Reads: 2,321
The Physical Web incorporates beacons that can be put in any small retail store, for example, so that every store now has "an app" for its customers. In this Birds-of-a-Feather session at Internet of @ThingsExpo, Scott Jenson, Product Designer at Google, will discuss the Physical Web and how it is an open standard so any device can broadcast a URL wirelessly, so any phone/tablet/watch nearby can see, and rank those devices. When the user taps on one, they just go to that web page. It's really that simple. It's about thinking small, enabling micro-information (what is in my prescription bottle...
Nov. 3, 2014 05:00 PM EST Reads: 2,502
BSQUARE is a global leader of embedded software solutions. We enable smart connected systems at the device level and beyond that millions use every day and provide actionable data solutions for the growing Internet of Things (IoT) market. We empower our world-class customers with our products, services and solutions to achieve innovation and success. For more information, visit www.bsquare.com.
Nov. 3, 2014 03:00 PM EST Reads: 3,495
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Nov. 3, 2014 02:30 PM EST Reads: 2,778