Tim Anderson's ITWriting » oracle

Open season for patent litigation makes case for reform

tim — Tue, 31 Aug 2010 16:03:50 +0000

It seems to be open season for software patent litigation. Oracle is suing Google over its use of Java in Android. Paul Allen’s Interval Licensing is suing AOL, Apple, eBay, Facebook, Google, Netflix, Yahoo and others – the Wall Street Journal has an illustrated discussion of the patents involved here. Let’s not forget that Apple is suing HTC and that Nokia is suing Apple (and being counter-sued).

What’s next? I was reminded of this post by former Sun CEO Jonathan Schwartz. He confirms the supposition that large tech companies refrain from litigation – or at least, litigate less than they might, refrain is too strong a word right now – because they recognize that while they may have valid claims against others, they also most likely infringe on patents held by others.

The gist of Schwartz’s post is that Microsoft approached Sun with the claim that OpenOffice, owned by Sun, infringes on patents held by Microsoft thanks to its work on MIcrosoft Office:

Bill skipped the small talk, and went straight to the point, “Microsoft owns the office productivity market, and our patents read all over OpenOffice.”

Sun’s retort was in relation to Java and .NET:

“We’ve looked at .NET, and you’re trampling all over a huge number of Java patents. So what will you pay us for every copy of Windows?”

following which everything went quiet. The value of .NET to Microsoft is greater than the value of OpenOffice to Sun or Oracle.

Oracle, however, seems more willing to litigate than Sun; and I doubt it cares much about OpenOffice. Might we see this issue reappear?

That said, Microsoft also has a large bank of patents; and who knows, some of them might be brought to bear against Java in the event of legislative war.

The risk though is that if everyone litigates, the industry descends into a kind of nuclear winter which paralyses everyone. Companies like Interval Licensing, which seemingly exist solely to profit from patents, have no incentive to hold back.

Can any good come of this? Well, increasing software patent chaos might bring some benefit, if it forces countries like the USA to legislate in order to fix the broken patent system.

Protecting intellectual property is good; but against that you have to weigh the potential damage to competition and innovation from these energy-sapping lawsuits.

We need patent reform now.

Oracle still foisting Google Toolbar on Java users

tim — Sun, 22 Aug 2010 06:25:10 +0000

Oracle may be suing Google over its use of Java in Android; but the company is still happy to take the search giant’s cash in exchange for foisting the Google Toolbar on users who carelessly click Next when updating their Java installation on Windows. If they do, the Toolbar is installed by default.

This is poor practice for several reasons. It is annoying and disrespectful to the user, particularly when the same dialog has been passed many times before, bad for performance, bad for security.

Sun at least had the excuse that it needed whatever income it could get.

I know certain other companies do this as well with their free runtimes – Adobe is one – and I like it just as little. However, as far as I can recall Adobe only adds foistware on a new install, not with semi-automatic updates.

Apple not Android is killing client-side Java – so why is Oracle suing Google?

tim — Thu, 19 Aug 2010 10:59:24 +0000

Oracle is suing Google over Java in Android; the Register has a link to the complaint itself which lists seven patents which Oracle claims Google has infringed. There is also a further clause which says Google has infringed copyright in the:

code, specifications, documentation and other materials) that is copyrightable subject matter

and that it is not possible for a device manufacturer to create an Android device without infringing Oracle’s copyrights. Oracle is demanding stern penalties including destruction of all infringing copies – I presume this might mean destruction of all Android devices, though as we all know lawyers routinely demand more than they expect to win, as a negotiating position.

But isn’t Java open source? It is; but licensing is not simple, and “open source” does not mean “non-copyright”. You can read the Java open source licensing statements here. I am not a licensing expert; but one of the key issues with Google’s use of Java in Android is that it is not quite Java. Oracle’s complaint says:

Google’s Android competes with Oracle America’s Java as an operating system software platform for cellular telephones and other mobile devices. The Android operating system software “stack” consists of Java applications running on a Java-based object-oriented application framework, and core libraries running on a “Dalvik” virtual machine (VM) that features just-in-time (JIT) compilation.

Note that Oracle says “Java-based”. Binaries compiled for Android will not run on other JVM implementations. I am no expert on open source licensing; but if Google is using Java in ways that fall outside what is covered by the open source license, then that license does not apply.

Despite the above, I have no idea whether Oracle’s case has legal merit. It is interesting though that Oracle is choosing to pursue Google; and I have some sympathy given that Java’s unique feature has always been interoperability and cross-platform, which Android seems to break to some extent.

James Gosling’s post on the subject is relevant:

When Google came to us with their thoughts on cellphones, one of their core principles was making the platform free to handset providers. They had very weak notions of interoperability, which, given our history, we strongly objected to. Android has pretty much played out the way that we feared: there is enough fragmentation among Android handsets to significantly restrict the freedom of software developers.

though he adds:

Don’t interpret any of my comments as support for Oracle’s suit. There are no guiltless parties with white hats in this little drama. This skirmish isn’t much about patents or principles or programming languages. The suit is far more about ego, money and power.

The official approach to Java on devices is Java ME; and Java ME guys like Hinkmond Wong hate Android accordingly:

Heck, forget taking the top 10,000 apps, take the top Android 10 apps and try running all of them on every single Android device out there. Have you learned nothing at all from Java ME technology, Android? Even in our current state in Java ME, we are nowhere as fragmented as the last 5 Android releases in 12 months (1.5, 1.6, 2.0, 2.1 and recently 2.2).

Fair enough; but it is also obvious that Android has revived interest in client-side Java in a way that Sun failed to do despite years of trying. The enemy of client-side Java is not Android, but rather Apple: there’s no sign of Java on iPhone or iPad. Apple’s efforts have killed the notion of Java everywhere, given the importance of Apple’s mobile platform. Java needs Android, which makes this lawsuit a surprising one.

But what does Oracle want? Just the money? Or to force Google into a more interoperable implementation, for the benefit of the wider Java platform? Or to disrupt Android as a favour to Apple?

Anyone’s guess at the moment. I wonder if Google wishes it had acquired Sun when it had the chance?

Note: along with the links above, I like the posts on this subject from Redmonk’s Stephen O’Grady and Mono guy Miguel de Icaza.

Oracle breaks, then mends Eclipse with new Java build

tim — Wed, 04 Aug 2010 06:34:11 +0000

Somewhere in the JVM (Java Virtual Machine) is a company field, identifying the source of the JVM. Following its acquisition of Sun, Oracle reasonably enough changed the field in version 1.6.0_21 to reference Oracle rather than Sun.

Unfortunately some applications use the field to vary some command-line arguments according to which JVM is in use. “If Sun JVM do this, if IBM JVM do that.” Eclipse was one of these, so Oracle’s update caused “crashing and freezing issues” for Windows users. There is more information here.

When the problem was discovered, Oracle issued an update that reverts the change. Hence Ian Skerrett at Eclipse has posted Oracle Demostrates Great Community Support and Fixes Eclipse.

The issue demonstrates that almost any software change can have unintended consequences, especially if the software is an application runtime.

Should Oracle have checked for this before release? Possibly; though it cannot check every build against every application on every platform. Still, everyone has done the right thing here.

Will the JVM now say Sun for ever? I would think for some time to come, bearing in mind that companies may standardise on specific Eclipse builds and stay on them for an extended period.

Novell’s Michael Meeks downbeat on OpenOffice.org project

tim — Mon, 21 Jun 2010 16:01:19 +0000

There is a fascinating interview over on The H with Michael Meeks, who works at Novell on OpenOffice.org development. It would be wrong to call OpenOffice.org unsuccessful: it is a solid product that forms a viable alternative to Microsoft Office in many scenarios. Nevertheless, it has not disrupted the Microsoft Office market as much as perhaps could have been expected; and Meeks explains what may be the reasons – tight control by Sun (now Oracle) and a bureaucratic approach to project management that has stifled the enthusiasm of the open source community.

Contributors to OpenOffice.org are required to sign over copyright, which is a big ask if you are giving it freely. While Meeks does not say that the trust of contributors has been abused, he does say that that there is a lack of transparency and reassurance, specifically concerning IBM’s Symphony which is based on OpenOffice.org:

In some places they do feed stuff back. We see their changes, but parts of Symphony are not open source, and we don’t have the code for them, and interestingly, there is no source code available so far as I am aware of the version of OO.o that IBM is shipping inside their product, so clearly they’re not shipping this under the LGPLv3. IBM have a fairly public antipathy towards the GPL unfortunately, and as a consequence you have to wonder what terms are they shipping OpenOffice under – and as there is a lot of my code in there, not only my code but Novell’s code and a lot of other people’s code, you have to wonder ‘What were the terms and what was the deal? That’s a shame, and would really help improve the transparency and confidence in Sun’s stewardship around these things. The code was assigned to Sun, and I have no doubt there is no legal problem at all, but a lot of people have assigned their code to Sun in good faith, believing them to be good stewards. Maybe they are but its impossible to tell without knowing the terms under which third parties are shipping the code.

Meeks says that the Oracle takeover is an opportunity for things to get better. Even if you like Microsoft Office you should hope that it does, since a strong OpenOffice puts pressure on the competition to keep prices down and product development up. Further, Microsoft has no plans for Office on Linux that I know of – unless you count Office Web Apps.

Building for multiple mobile platforms with one codebase

tim — Mon, 29 Mar 2010 08:00:21 +0000

Individuals may have strong opinions about the merits of Apple iPhone versus Google Android versus the struggling Palm WebOS versus the not-yet Windows Phone 7; but sit them round a table to discuss app strategy and those diverse platforms change from a debating point to a problem. Presuming a web app won’t cut it, how do you target all those devices without the unreasonable expense and complication of managing multiple projects? The native languages are all different; Objective-C for iPhone and iPad, Java for Android and RIM BlackBerry, JavaScript for WebOS, C# for Windows Phone 7.

There are three possibilities that come to mind. One is that all the platforms will eventually allow you to write in C or C++, making this the unifying language, though you still have some fancy footwork to do overcoming library differences. Android now allows this via the NDK, and Palm via the PDK. There is currently no alternative to Java for Blackberry, and Microsoft says native code won’t be possible on Windows Phone 7, but well, you never know.

The second is Adobe Flash. This is an interesting one, because Apple prohibits Flash on the iPhone, but Adobe has a Packager for iPhone that builds native iPhone apps from Flash projects. Another issue is that although Flash is available or promised for all the main non-Apple devices – Apple’s gift of a selling point to its rivals – it is not Flash alone that does what it needed, but AIR, the “desktop” or out-of-browser runtime. This has been previewed for Android and promised for other devices including Blackberry. AIR for Windows Phone 7? Maybe, though I’ve not seen it mentioned.

A third idea is a clever framework that does the necessary cross-compilation under the covers. This cannot depend on deploying a runtime, nor compiling to native code, because these approaches are blocked by some mobile platforms. Rhomobile has the Rhodes framework, where you code your app in HTML and Ruby and compile for devices including iPhone, Windows Mobile, RIM Blackberry, Symbian, and Android. Rhodes includes an MVC (Model View Controller) framework and an ORM (Object Relational Mapper) to wrap database access. There is also a RhoSync server component to enable offline data with synchronisation back to the server when reconnected; and the RhoHub hosted IDE for buildings apps with a web browser.

Rhomobile tells me that Palm WebOS support is in the works. They also promise Windows Phone 7 support, which intrigued me because Rhodes says it compiles to “true native device applications”. Has Rhomobile gotten round Microsoft’s opposition to native code? Apparently not; VP Rob McMillen eventually told me that this will mean a .NET IL (intermediate language) implementation.

The Rhomobile approach reminds me of AppForge, a company which produced the well-regarded Crossfire add-on for Visual Studio and compiled Visual Basic to a wide variety of mobile platforms. Unfortunately AppForge was acquired by Oracle, and its new owners showed callous disregard for existing customers. Not only did development cease; it also became impossible to renew existing licenses. Thanks to an activation component, that also blocked new deployment of existing applications – every developer’s nightmare.

That said, there is no activation requirement for Rhodes that I know of, and the framework is open source, so I don’t mean to suggest it will suffer a similar fate.

What about Java? On the face of it, Java should be ideal, since multi-device support is what it was designed for. It is a measure of how far Java has fallen that we hear far more about the lack of Flash on the iPhone, than the lack of Java. Microsoft says yes to Flash on Windows Phone 7, though not on first release, but nothing about Java.

Java as a mobile runtime needs a strong dose of lobbying and evangelism from its new stewards Oracle if it is not to fall by the wayside in this context. Hmm, AppForge.

Adobe Flash vs Apple iPad: RIA in the balance

tim — Mon, 01 Feb 2010 14:08:13 +0000

Adobe evangelist Lee Brimelow has posted some images of well-known sites that break if Adobe Flash is not enabled. His point: if Apple’s iPad does not support Flash, none of these sites will work correctly.

While true in the short term, I do not think this is an effective line of argument.

Let’s presume that you run one of these Flash-dependent sites. Now along comes a popular computing device that no longer displays Flash content. It’s already happened with the iPhone; but iPad is more serious because it has a full-size web browser, and many of us tolerate strange behaviour in a mobile web browser because we are used to it. Further, I’m guessing that some of these sites already adapt their content for iPhone.

What happens now? One of two things. Either Apple is persuaded to add support for the plugin; or the site owners fix their sites, detecting iPad/iPhone and substituting Quicktime or HTML5 content in place of Flash. In the case of the major sites such as those Brimelow lists, I doubt that second process would take long.

Result: people complain less, the pressure is off Apple and on Adobe.

I do not take the success of iPad for granted; but it is plausible; and if the device does become popular it is going to make Flash-centric web developers re-think their strategy. Further, if it fails, I doubt it will be for lack of Flash. Users do not care about Flash, they care about content, and the iPad will provide plenty of that.

The problem for Adobe is that much of its strategy is now built on the Flash runtime and its presumed ubiquity. If you compare Creative Suite 4 to Creative Suite 3 you can see how Flash is more pervasive, in several different roles ranging from rendering capabilities to code execution. It will be even more so in Creative Suite 5.

Applications built with Flex are equally affected. And note: if Flash is struggling to get over the wall into Apple’s orchard, Oracle Java will struggle more, and Microsoft Silverlight more still. It is not just Flash, but much of what we think of as RIA (Rich Internet Applications) that is at stake.

It is not over yet. If Apple is primarily concerned about browser stability, rather than controlling the platform, then Adobe may yet satisfy its requirements. Second, the iPad might fail – not completely, but enough to make it an unimportant niche. iPad is expensive and most users don’t get the tablet concept; it is not a sure-fire winner.

If neither get-out comes to pass, what can Adobe do? There are a couple of mitigating factors. One is that Adobe has already been thinking about how to deal with Apple devices. At the Adobe Max conference last year we saw its Flash to native code compiler, which will be in Creative Suite 5. It only targets iPhone; but no doubt iPad can be added. It raises the possibility of more Flash applets becoming native applications in the App Store. Money and control for Apple; but at least your code will run.

We also saw, in the Max sneak peeks, how Flash can be rendered server-side, and served to the browser as video. It’s an interesting thought if you simply must get your Flash content working on the iPad.

Another point is that Adobe is at a design tools company, and it can adapt its tools to be less focused on Flash. Another feature we saw at Max was an Illustrator to SVG converter. It is now in Adobe’s interests to work more intensely to advance HTML standards, to make them better clients for rich content.

Still, Apple has come up with what may be a significant roadblock to Adobe’s ambitions for what it calls the Flash Platform.

Web standards people may cheer this, on the grounds that a Flash-free web is less broken. I am not cheering though. Vendors locking down their devices is not a healthy way to advance web standards. Further, Flash is an amazing runtime. Flash enabled YouTube to succeed. The BBC iPlayer project did not deliver on its promise until it converted to Flash. Flash provides web developers with a consistent runtime that has value in entertainment, in education, and in general applications. One of the first things I install on Windows, Mac or Linux is Adobe AIR, which lets me run a desktop Twitter client.

Here’s my vote for Flash on iPad – and Silverlight and Java too, if the user wants their capabilities.

A year of blogging: another crazy year in tech

tim — Thu, 31 Dec 2009 22:55:41 +0000

At this time of year I allow myself a little introspection. Why do I write this blog? In part because I enjoy it; in part because it lets me write what I want to write, rather than what someone will commission; in part because I need to be visible on the Internet as an individual, not just as an author writing for various publications; in part because I highly value the feedback I get here.

Running a blog has its frustrations. Adding content here has to take a back seat to paying work at times. I also realise that the site is desperately in need of redesign; I’ve played around with some tweaks in an offline version but I’m cautious about making changes because the current format just about works and I don’t want to make it worse. I am a writer and developer, but not a designer.

One company actually offered to redesign the blog for me, but I held back for fear that a sense of obligation would prevent me from writing objectively. That said, I have considered doing something like Adobe’s Serge Jespers and offering a prize for a redesign; if you would like to supply such a prize, in return for a little publicity, let me know. One of my goals is to make use of WordPress widgets to add more interactivity and a degree of future-proofing. I hope 2010 will be the year of a new-look ITWriitng.com.

So what are you reading? Looking at the stats for the year proves something I was already aware of: that the most-read posts are not news stories but how-to articles that solve common problems. The readers are not subscribers, but individuals searching for a solution to their problem. For the record, the top five in order:

Annoying Word 2007 problem- can’t select text – when Office breaks

Cannot open the Outlook window – what sort of error message is that? – when Office breaks again

Visual Studio 6 on Vista – VB 6 just won’t die

Why Outlook 2007 is slow- Microsoft’s official answer – when Office frustrates

Outlook 2007 is slow, RSS broken – when Office still frustrates

The most popular news posts on ITWriting.com:

London Stock Exchange migrating from .NET to Oracle/UNIX platform - case study becomes PR disaster

Parallel Programming: five reasons for caution. Reflections from Intel’s Parallel Studio briefing – a contrarian view

Apple Snow Leopard and Exchange- the real story – hyped new feature disappoints

Software development trends in emerging markets – are they what you expect?

QCon London 2009 – the best developer conference in the UK

and a few others that I’d like to highlight:

The end of Sun’s bold open source experiment – Sun is taken over by Oracle, though the deal has been subject to long delays thanks to EU scrutiny

Is Silverlight the problem with ITV Player- Microsoft, you have a problem – prophetic insofar as ITV later switched to Adobe Flash; it’s not as good as BBC iPlayer but it is better than before

Google Chrome OS – astonishing – a real first reaction written during the press briefing; my views have not changed much though many commentators don’t get its significance for some reason

Farewell to Personal Computer World- 30 years of personal computing – worth reading the comments if you have any affection for this gone-but-not-forgotten publication

Is high-resolution audio (like SACD) audibly better than than CD – still a question that fascinates me

When the unthinkable happens: Microsoft/Danger loses customer data – as a company Microsoft is not entirely dysfunctional but for some parts there is no better word

Adobe’s chameleon Flash shows its enterprise colours – some interesting comments on this Flash for the Enterprise story

Silverlight 4 ticks all the boxes, questions remain – in 2010 we should get some idea of Silverlight’s significance, now that Microsoft has fixed the most pressing technical issues

and finally HAPPY NEW YEAR

Technorati Tags: flash,silverlight,tim anderson,google,apple,.net,microsoft,sun,oracle,adobe

IntelliJ IDEA goes free and open source

tim — Fri, 16 Oct 2009 07:22:48 +0000

Yesterday JetBrains announced that its core product, the IDEA IDE for Java, is becoming open source under the Apache 2.0 license. There will be a free Community Edition and a commercial edition with more features. This list of additional features not in the free edition is rather extensive, including UML class diagrams, code coverage, Android support, JSP debugging, JavaScript debugging, support for other languages such as Ruby, SQL, HTML, JavaScript, ActionScript, PHP, support for additional version control systems including Team Foundation Server, ClearCase and Perforce, and above all specific support for frameworks and technologies including Rails, Spring, EJB, Tomcat, JBoss and WebSphere, and even Adobe AIR.

In other words, the free part is the core IDE plus a few features; the commercial edition adds a lot of value for most users.

CEO Sergey Dimitriev remarks:

Open source has become the mainstream, and we continue to embrace it as an exciting challenge. In brief, we’re not changing direction — we’re moving forward.

IDEA is an excellent and popular IDE and last time I looked I found it more productive and enjoyable to use than its obvious alternative, Eclipse. I imagine that IntelliJ is hoping to strengthen the community and availability of add-ons for IDEA, as well as attracting new users.

Although this is welcome news – and I’d encourage any Java developer to try the product – it would be interesting to know more about why JebBrains is taking this step. Borland’s JBuilder was once highly successful, until the free Eclipse offering eroded its market share. Seeing how important the add-on community was in Eclipse, Borland belatedly issued a free JBuilder and sought to make it an alternative IDE platform for third parties, but by then it was too late. JBuilder was discontinued and a new product of the same name appeared in its place, built on Eclipse; it is still available but is now a niche product. I’ve not got any up-to-date figures but I’d expect JBuilder’s market share to be tiny now.

Unlike JBuilder, IDEA has remained popular despite Eclipse. Comments on stackoverflow, for example, show how well liked it is:

Eclipse was the first IDE to move me off of XEmacs. However, when my employer offered to buy me a Intellij IDEA license if I wanted one it only took 3 days with an evaluation copy to convince me to go for it.

It seems like so many small things are just nicer.

The problem is that the free Eclipse, or free NetBeans, or free Oracle JDeveloper, are good enough to get your work done, making it hard to compete; and I am not sure whether the addition of free IntelliJ IDEA to the list is a sign of strength or weakness.

My guess is that serious users will still want the commercial edition with its many additional features, so this may not be as radical a step as it first appears.

Technorati Tags: intellij,java,jbuilder,eclipse,netbeans,jetbrains

London Stock Exchange migrating from .NET to Oracle/UNIX platform

tim — Wed, 16 Sep 2009 12:10:02 +0000

The London Stock Exchange has agreed to acquire MillenniumIT, and will be replacing its TradElect and Infolect systems with the MillenniumIT trading system. TradElect is based on Windows Server and .NET, and was created by Microsoft and Accenture. Microsoft used to use the LSE’s system as a showcase for .NET scalability, but while it proved that .NET can work for large systems, the LSE suffered an outage in September 2008 that was rumoured to be the fault of TradElect.

I don’t know much about MillenniumIT but note that the company is a partner with Sun and Oracle and that the MillenniumIT Exchange brochure [pdf] states:

Operating System: UNIX or Linux

Database: Oracle

As Brian Bryson of IBM/Rational observes, it is short-sighted to lay the blame on the platform. Nevertheless, considering the high profile of this system and Microsoft’s active involvement it is at least an embarrassment.

The mitigation for Microsoft is that .NET has less to prove these days. Even if running a system as large and performance-critical as the London Stock Exchange was a step too far, particularly for Server 2003 and (apparently) SQL Server 2000, that doesn’t rule out Microsoft’s technology for more usual workloads; and there are improvements in Server 2008 and SQL Server 2008.

Still, I’d love to know more about why the LSE is abandoning TradElect and what the lessons are for those designing and implementing systems at this level.

The problems with TradElect are thoroughly debated in the comments here.

Update: Microsoft’s LSE Case Study from 2006 is here.

I have also received the following statement from a Microsoft spokesperson:

Microsoft continues to support some of the most demanding, mission-critical environments in the world and is constantly raising the performance bar with new solutions. Most recently, Microsoft completed three different proof-of-concept projects for a major international stock exchange that demonstrate Windows Server 2008 and Microsoft .NET can successfully support very low latency trading activities, in the 100 microsecond range using standard 1 Gigabit Ethernet. With the addition of Microsoft Network Direct, that latency is further reduced by 50%, which is industry leading performance.

Technorati Tags: microsoft,london stock exchange,oracle,.net,linux,tradelect,milleniumit