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Editing Oracle v. Google (2010, USA)

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:::''Well, it _is_ a derivative work! They looked at it and wrote it again with improvements that are also licensed under the GPL. So for me this _is_ a derivative work that has the same implicit patentreuseallowance directly from friendly oracle!''
 
:::''Well, it _is_ a derivative work! They looked at it and wrote it again with improvements that are also licensed under the GPL. So for me this _is_ a derivative work that has the same implicit patentreuseallowance directly from friendly oracle!''
  
:::: ''No, Dalvik is not licensed under GPL. It is under Apache License v2. That means it is not bound by GPL, but it also don't get any of permissions that GPL gives (ie, imlicit patent grant). If Dalvik is derivative of OpenJDK (ie, borrows code from it), then Google is in even bigger problem because they are also violating GPL.''
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:::: ''No, Dalvik is not licensed under GPL. It is under Apache License v2. That means it it not bound by GPL, but it also don't get any of permissions that GPL gives (ie, imlicit patent grant). If Dalvik is derivative of OpenJDK (ie, borrows code from it), then Google is in even bigger problem because they are also violating GPL.''
  
 
::: ''"Derivative Work" means something: it means that it is "based on" copying from the original source code/object code.  If we follow your logic, then Wine is a derivative work of Windows (it implements the same APIs!), Samba is a derivative work (it clearly implements the CIFS protocol!), Linux is a derivative work of Unix/POSIX (same APIs!), etc., etc. Clearly none of these are actually considered to be derivative works.''
 
::: ''"Derivative Work" means something: it means that it is "based on" copying from the original source code/object code.  If we follow your logic, then Wine is a derivative work of Windows (it implements the same APIs!), Samba is a derivative work (it clearly implements the CIFS protocol!), Linux is a derivative work of Unix/POSIX (same APIs!), etc., etc. Clearly none of these are actually considered to be derivative works.''

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