The Courts

Google vs. Oracle Case Postponed Due to Coronavirus (inside.com) 18

An anonymous reader quotes the Dev newsletter from Inside.com: The U.S. Supreme Court has postponed hearing oral arguments in the Google vs. Oracle copyright case and all other cases because of the coronavirus. It is the first time the Supreme Court has done so since the Spanish flu epidemic in 1918. ["The Court also shortened its argument calendars in August 1793 and August 1798 in response to yellow fever outbreaks," the announcement points out.]

"The court will examine the options for rescheduling those cases in due course in light of the developing circumstances," the announcement added.

Justices on the U.S. Supreme Court were scheduled to hear oral arguments in the Google vs. Oracle case on Tuesday, March 24, 2020, before making a decision a few months later.

Security

Windows, Ubuntu, macOS, VirtualBox Fall at Pwn2Own Hacking Contest (zdnet.com) 26

The 2020 spring edition of the Pwn2Own hacking contest has come to a close today. This year's winner is Team Fluoroacetate -- made up of security researchers Amat Cama and Richard Zhu -- who won the contest after accumulating nine points across the two-day competition, which was just enough to extend their dominance and win their fourth tournament in a row. From a report: But this year's edition was a notable event for another reason. While the spring edition of the Pwn2Own hacking contest takes place at the CanSecWest cyber-security conference, held each spring in Vancouver, Canada, this year was different. Due to the ongoing coronavirus (COVID-19) outbreak and travel restrictions imposed in many countries around the globe, many security researchers couldn't attend or weren't willing to travel to Vancouver and potentially put their health at risk. Instead, this year's Pwn2Own edition has become the first-ever hacking contest that has been hosted in a virtual setting. Participants sent exploits to Pwn2Own organizers in advance, who ran the code during a live stream with all participants present. During the competition's two-day schedule, six teams managed to hack apps and operating systems like Windows, macOS, Ubuntu, Safari, Adobe Reader, and Oracle VirtualBox. All bugs exploited during the contest were immediately reported to their respective companies.
Oracle

Oracle Rejects Argument That Before Suing Google, It Got Rich By Copying IBM's SQL (arstechnica.com) 85

Ars Technica's senior tech reporter took a long long at Google's reimplementation of Java in Android -- and the lawsuit filed against it by Oracle in 2010. And he discovers "a possible downside" to Oracle's stance on API copyrights. If anyone should understand the importance of such copying, it's Oracle. After all, Oracle got its start in the 1970s selling a database product based on the then-new structured query language (SQL). SQL was invented by IBM. And Oracle doesn't seem to have gotten a license to use it...

Oracle's copying of SQL seems pretty similar to Google's copying of Java. But an Oracle spokeswoman disagrees. "It's an incorrect premise, comparing apples with broccoli, and being completely divorced from the facts of the case," she wrote in a Tuesday email.

Oracle

Oracle Criticized For Questioning Google's Supporters In Java API Copyright Case (twitter.com) 47

America's Supreme Court will soon decide whether Google infringed on a copyright that Oracle says it holds on the APIs of Java. But this week Oracle's executive vice president also wrote a blog post arguing that Google "sought the support of outside groups to bolster its position" by using friend-of-the-court briefs to "create the impression that this case is of great import and controversy, and a ruling in Oracle's favor will impede innovation."

"Upon closer inspection, what these briefs reveal is a significantly different picture, one where Google is the outlier, with very little meaningful support outside the purview of its financial fingerprints." As we discussed in a previous post, this case is not about innovation, it is about theft. Google copied verbatim more than 11,000 lines of software code, and now attempts post hoc to change the rules in order to excuse its conduct... As those of us that have watched Google over the past few decades know, Google's view boils down to the self-absorbed position that the work it is doing is of such consequence that the rules shouldn't apply to them. The problem for Google is that very few outside of its self-generated atmosphere agree.

Let's be clear, it is not commonplace or foundational in the software industry to steal other developer's software code. Rather, what is commonplace is a confluence of interests where code is licensed to facilitate its widespread deployment, with the owner choosing the terms... Java embraced choice, with three different licensing alternatives, including a freely deployed open source license, and a commercial license designed to maintain interoperability. And it turns out that nobody except Google found it necessary to steal despite Java's enormous popularity. It is not in dispute in this matter that Google destroyed Java interoperability so it is unbelievable that many of its amici take the position that Google needs to prevail in order to protect interoperability...

Out of 26 briefs, we found:

- 7 briefs representing 13 entities that received "substantial contributions" from Google;

- 8 briefs filed by entities or individuals that have financial ties to Google through grants, dues, cy pres settlement proceeds or employment of individual amici;

- 2 briefs filed by companies with a clear commercial interest in Google prevailing;

- 1 brief filed by several former U.S. government employees all of whom worked for a small government agency run by a former Google executive, despite the U.S. government itself filing a brief in favor of Oracle;

- 4 separate briefs representing a total of 7 individuals;

- A few other briefs where Google financial ties are likely;

- 1 brief submitted by a serial copyright infringer repeatedly sanctioned by the Courts;

What masqueraded as a mass show of support for Google, may not be much more than an exercise in transactional interests.

The groups Oracle is criticizing include the American Library Association, EFF, and the Python Software Foundation, as well as a brief by 83 computer scientists which included Doug Lea, a former memeber of the executive committee of the Java Community Process. Oracle's blog post also makes the argument that besides Microsoft and IBM, "not a single brief from the other 98 of the Top 100 tech companies was filed."

There was a response on Twitter from Joshua Bloch, who worked on the Java platform at Sun before leaving in 2004 to become Google's chief Java architect for the next 8 years. He called Oracle's blog post "nonsense." For example, Doug Lea -- who is in no small measure responsible for Java's success -- accepted one small grant from Google fourteen years ago, and promptly doled it out to deserving undergrads who were testing java.util.concurrent. Have you no shame, Oracle?

We are not Google shills. We are scientists and engineers. Some of us laid the theoretical groundwork for the profession, some designed the computers you grew up on, and some wrote the software you use every day.

We depend on the right to reimplement each others' APIs, and we are truly afraid that your irresponsible lawsuit may deprive us of that right, which we've enjoyed throughout our long careers.

Cloud

Google Cloud CEO Called Oracle Cloud a 'Disgrace' (businessinsider.com) 40

An anonymous reader shares a report: Veteran Silicon Valley executive Thomas Kurian surprised the tech world two years ago when he suddenly left Oracle to become CEO of Google Cloud. The reason may have just gotten a bit clearer. Kurian apparently had an unhappy tenure as head of Oracle's cloud, according to a lawsuit. He felt pressured by top management, including Oracle founder Larry Ellison. And he clashed with his people at Oracle, berating execs who reported to him for work he considered "atrocious" and "awful," the lawsuit alleges. The suit, filed on behalf of a group of investors led by Union Asset Management Holding AG, a Frankfurt-based investment firm, accused Oracle's top executives of painting an upbeat picture of the tech giant's cloud momentum in 2017 to 2018, even though they knew the company was falling behind in the cloud wars. The suit was originally filed in 2018. The amended suit, which was first reported by the Register, was filed last week. Kurian's email was part of a shareholder lawsuit before a federal court in California which claims that Oracle had misled investors on the state of its cloud business. Oracle rejected the suit's claims. "The suit has no merit and Oracle will vigorously defend against these claims," spokesperson Deborah Hellinger told Business Insider in an email. [...] The suit cited Kurian's email in which he also told Miranda that Oracle's cloud software "was considered so atrocious" that it was simply "a disgrace."
Java

Oracle's Allies Against Google Include Scott McNealy and America's Justice Department (zdnet.com) 135

America's Justice Department "has filed a brief in support of Oracle in its Supreme Court battle against Google over whether Java should have copyright protection," reports ZDNet: The Justice Department filed its amicus brief to the Supreme Court this week, joining a mighty list of briefs from major tech companies and industry luminaries — including Scott McNealy, co-founder of Sun, which Oracle bought in 2010, acquiring Sun-built Java in the process. While Microsoft, IBM and others have backed Google's arguments in the decade-long battle, McNealy, like the Justice Department, is opposing Google. McNealy called Google's description of how it uses Java packages a "woeful mischaracterization of the artful design of the Java packages" and "an insult to the hard-working developers at Sun who made Java such a success...."

Joe Tucci, former CEO of now Dell-owned enterprise storage giant EMC, threw in his two cents against Google. "Accepting Google's invitation to upend that system by eliminating copyright protection for creative and original computer software code would not make the system better — it would instead have sweeping and harmful effects throughout the software industry," Tucci's brief reads.

Oracle is also questioning the motives of Google's allies, reports The Verge: After filing a Supreme Court statement last week, Oracle VP Ken Glueck posted a statement over the weekend assailing the motives of Microsoft, IBM, and the CCIA industry group, all of which have publicly supported Google. Glueck's post comes shortly after two groups — an interdisciplinary panel of academics and the American Conservative Union Foundation — submitted legal briefs supporting Oracle. Both groups argued that Google should be liable for copying code from the Java language for the Android operating system. The ACUF argued that protecting Oracle's code "is fundamental to a well-ordered system of private property rights and indeed the rule of law itself...."

Earlier this year, Google garnered around two dozen briefs supporting its position. But Oracle claims that in reality, "Google appears to be virtually alone — at least among the technology community." Glueck says Google's most prominent backers had ulterior motives or "parochial agendas"; either they were working closely with Google, or they had their own designs on Java...

Even if you accept Oracle's arguments wholeheartedly, there's a long list of other Google backers from the tech community. Advocacy groups like the Electronic Frontier Foundation and the Center for Democracy and Technology signed on to amicus briefs last month, as did several prominent tech pioneers, including Linux creator Linus Torvalds and Apple cofounder Steve Wozniak. The CCIA brief was signed by the Internet Association, a trade group representing many of the biggest companies in Silicon Valley. Patreon, Reddit, Etsy, the Mozilla Corporation, and other midsized tech companies also backed a brief raising "fundamental concerns" about Oracle's assertions.

Google

Trump Backs Supporter Larry Ellison in Court Fight With Google (bloomberg.com) 152

kimanaw shares a report: The Trump administration urged the U.S. Supreme Court to reject an appeal by Alphabet's Google, boosting Oracle's bid to collect more than $8 billion in royalties for Google's use of copyrighted programming code in the Android operating system. The administration weighed in on the high-stakes case on the same day that President Donald Trump attended a re-election campaign fundraiser in California hosted by Oracle's co-founder, billionaire Larry Ellison. Ellison hosted a golf outing and photos with Trump. The event cost a minimum of $100,000 per couple to attend, with a higher ticket price of $250,000 for those who wanted to participate in a policy roundtable with the president, the Palm Springs Desert Sun reported. Google is challenging an appeals court ruling that it violated Oracle copyrights when it included some Oracle-owned Java programming code in Android. The dispute has split Silicon Valley, pitting developers of software code against companies that use the code to create programs. Google's "verbatim copying" of Oracle's code into a competing product wasn't necessary to foster innovation, the U.S. Solicitor General Noel Francisco said Wednesday in a filing with the court.
Cloud

Judge Temporarily Blocks Microsoft Pentagon Cloud Contract After Amazon Suit (cnbc.com) 59

A judge ordered Thursday a temporary block on the JEDI cloud contract in response to a suit filed by Amazon. From a report: A court notice announcing the injunction was filed on Thursday, but wasn't public. It's unclear why the documents were sealed. In April, the Defense Department announced that Amazon and Microsoft were the two finalists to provide the contract, ruling out other contenders like IBM and Oracle. Then in July, President Donald Trump said he was looking into the contract after IBM and other companies protested the bidding process. Microsoft was awarded the contract on Oct. 25. Amazon has been protesting the move, saying that it was driven in part by President Trump's bias against the company. Trump often criticizes Amazon and its CEO Jeff Bezos, who also owns The Washington Post, claiming the newspaper unfairly covers his administration. Last month, Amazon's cloud-computing arm AWS filed a formal motion asking the court to pause Microsoft's work on the JEDI cloud contract, claiming the evaluation process included "clear deficiencies, errors and unmistakable bias." The court granted that motion on Thursday.
IBM

Cringely Predicts IBM 'Disappears Into Red Hat' (cringely.com) 81

Tech pundit Robert X. Cringely has been sharing technology predictions every January for over two decades -- and he made another big one on Friday: IBM has three divisions — Global Technology Services (GTS), Global Business Services (GBS), and Red Hat. GTS is the legacy IT business, GBS is the professional services business invented by Lou Gerstner to save IBM the last time it was in huge trouble, and Red Hat is Linux. GTS — that part of IBM most of us still think of as IBM — will probably be sold by summer. Either it will go to private equity (depends on the total debt load) or it will be sold to HPE or maybe to Oracle. Either way, it's not a likely success story, but [current CEO Ginni] Rometty has no real choice. IBM is, at this point, smoke, mirrors, and buybacks. The GTS windfall will land in Ginni's final quarter, juicing her payout, which might be the major point of the deal...

IBM's new CEO is Arvind Krishna, formerly head of the Cognitive Computing unit — IBM's cloud guy. Except Cognitive Computing was never really cloud. Cognitive has been a mishmash of cloud, supported by revenue streams that are anything but cloud. It's cloud in name only and will be the part that goes next summer, possibly with Mr. Krishna still at its head.

The next chairman of IBM after Rometty will be current Red Hat CEO Jim Whitehurst. If Whitehurst is as smart as I think he is, he started yesterday looking for a new job. It's not that he really intends to leave, but as the next savior of IBM, Ginni et al will pay anything to keep him. Cut your new deal now, Jim, while demand is greatest....Whitehurst will turn IBM into Red Hat, which will take HQ to North Carolina and mean most of the remaining GBS staff will be gone in a year...

It still won't save IBM. They'll go down in the coming year or two along with the rest of the industry we used to call IT...

Let's just say that IBM's loss is AWS's gain.

Open Source

What Linus Torvalds Gets Wrong About ZFS (arstechnica.com) 279

Ars Technica recently ran a rebuttal by author, podcaster, coder, and "mercenary sysadmin" Jim Salter to some comments Linus Torvalds made last week about ZFS.

While it's reasonable for Torvalds to oppose integrating the CDDL-licensed ZFS into the kernel, Salter argues, he believes Torvalds' characterization of the filesystem was "inaccurate and damaging."
Torvalds dips into his own impressions of ZFS itself, both as a project and a filesystem. This is where things go badly off the rails, as Torvalds states, "Don't use ZFS. It's that simple. It was always more of a buzzword than anything else, I feel... [the] benchmarks I've seen do not make ZFS look all that great. And as far as I can tell, it has no real maintenance behind it any more..."

This jaw-dropping statement makes me wonder whether Torvalds has ever actually used or seriously investigated ZFS. Keep in mind, he's not merely making this statement about ZFS now, he's making it about ZFS for the last 15 years -- and is relegating everything from atomic snapshots to rapid replication to on-disk compression to per-block checksumming to automatic data repair and more to the status of "just buzzwords."

[The 2,300-word article goes on to describe ZFS features like per-block checksumming, automatic data repair, rapid replication and atomic snapshots -- as well as "performance wins" including its Adaptive Replacement caching algorithm and its inline compression (which allows datasets to be live-compressed with algorithms.]

The TL;DR here is that it's not really accurate to make blanket statements about ZFS performance, absent a very particular, well-understood workload to measure that performance on. But more importantly, quibbling about the fastest possible benchmark rather loses the main point of ZFS. This filesystem is meant to provide an eminently scalable filesystem that's extremely resistant to data loss; those are points Torvalds notably never so much as touches on....

Meanwhile, OpenZFS is actively consumed, developed, and in some cases commercially supported by organizations ranging from the Lawrence Livermore National Laboratory (where OpenZFS is the underpinning of some of the world's largest supercomputers) through Datto, Delphix, Joyent, ixSystems, Proxmox, Canonical, and more...

It's possible to not have a personal need for ZFS. But to write it off as "more of a buzzword than anything else" seems to expose massive ignorance on the subject... Torvalds' status within the Linux community grants his words an impact that can be entirely out of proportion to Torvalds' own knowledge of a given topic -- and this was clearly one of those topics.

Google

Red Hat and IBM Jointly File Another Amicus Brief In Google v. Oracle, Arguing APIs Are Not Copyrightable (redhat.com) 42

Monday Red Hat and IBM jointly filed their own amicus brief with the U.S. Supreme Court in the "Google vs. Oracle" case, arguing that APIs cannot be copyrighted.

"That simple, yet powerful principle has been a cornerstone of technological and economic growth for over sixty years. When published (as has been common industry practice for over three decades) or lawfully reverse engineered, they have spurred innovation through competition, increased productivity and economic efficiency, and connected the world in a way that has benefited commercial enterprises and consumers alike."

An anonymous reader quotes Red Hat's announcement of the brief: "The Federal Circuit's unduly narrow construction of 17 U.S.C. 102(b) is harmful to progress, competition, and innovation in the field of software development," Red Hat stated in the brief. "IBM and Red Hat urge the Court to reverse the decision below on the basis that 17 U.S.C. 102(b) excludes software interfaces from copyright protection...."

The lower court incorrectly extended copyright protection to software interfaces. If left uncorrected, the lower court rulings could harm software compatibility and interoperability and have a chilling effect on the innovation represented by the open source community... Red Hat's significant involvement with Java development over the last 20 years has included extensive contributions to OpenJDK, an open source implementation of the Java platform, and the development of Red Hat Middleware, a suite of Java-based middleware solutions to build, integrate, automate and deploy enterprise applications. As an open source leader, Red Hat has a stake in the consistent and correct determination of the scope of copyright protection that applies to interfaces of computer programs, including the Java platform interface at stake in this case.

Open source software development relies on the availability of and unencumbered access to software interfaces, including products that are compatible with or interoperate with other computer products, platforms, and services...

Stats

Slate Announces List of The 30 Most Evil Tech Companies (slate.com) 163

An anonymous reader quotes Slate:
Separating out the meaningful threats from the noise is hard. Is Facebook really the danger to democracy it looks like? Is Uber really worse than the system it replaced? Isn't Amazon's same-day delivery worth it? Which harms are real and which are hypothetical? Has the techlash gotten it right? And which of these companies is really the worst? Which ones might be, well, evil?

We don't mean evil in the mustache-twirling, burn-the-world-from-a-secret-lair sense -- well, we mostly don't mean that -- but rather in the way Googlers once swore to avoid mission drift, respect their users, and spurn short-term profiteering, even though the company now regularly faces scandals in which it has violated its users' or workers' trust. We mean ills that outweigh conveniences. We mean temptations and poison pills and unanticipated outcomes.

Slate sent ballots to "a wide range of journalists, scholars, advocates, and others who have been thinking critically about technology for years," and reported that while America's big tech companies topped the list, "our respondents are deeply concerned about foreign companies dabbling in surveillance and A.I., as well as the domestic gunners that power the data-broker business."

But while there were some disagreements, Palantir still rose to #4 on the list because "almost everyone distrusts Peter Thiel."

Interestingly, their list ranks SpaceX at #17 (for potentially disrupting astronomy by clogging the sky with satellites) and ranks Tesla at #14 for "its troubled record of worker safety and its dubious claims that it will soon offer 'full self-driving' to customers who have already paid $7,000 for the promised add-on... Our respondents say the very real social good that Tesla has done by creating safe, zero-emission vehicles does not justify misdeeds, like apparent 'stealth recalls' of defects that appear to violate safety laws or the 19 unresolved Clean Air Act violations at its paint shop."

Slate's article includes its comprehensive list of the 30 most dangerous tech companies. But here's the top 10:
  1. Amazon
  2. Facebook
  3. Alphabet
  4. Palantir Technologies
  5. Uber
  6. Apple
  7. Microsoft
  8. Twitter
  9. ByteDance
  10. Exxon Mobil

There's also lots of familiar names higher up on the list, including both 8chan (#20) and Cloudflare (#21). 23andMe came in at #18, while Huawei was #11. Netflix does not appear anywhere on the list, but Disney ranks #15.

And Oracle was #19. "It takes a lot to make me feel like Google is being victimized by a bully," wrote Cory Doctorow, "but Oracle managed it."


Oracle

Oracle Ties Previous All-Time Patch High With January 2020 Updates (threatpost.com) 9

"Not sure if this is good news (Oracle is very busy patching their stuff) or bad news (Oracle is very busy patching their stuff) but this quarterly cycle they tied their all-time high number of vulnerability fixes released," writes Slashdot reader bobthesungeek76036. "And they are urging folks to not drag their feet in deploying these patches." Threatpost reports: The software giant patched 300+ bugs in its quarterly update. Oracle has patched 334 vulnerabilities across all of its product families in its January 2020 quarterly Critical Patch Update (CPU). Out of these, 43 are critical/severe flaws carrying CVSS scores of 9.1 and above. The CPU ties for Oracle's previous all-time high for number of patches issued, in July 2019, which overtook its previous record of 308 in July 2017. The company said in a pre-release announcement that some of the vulnerabilities affect multiple products. "Due to the threat posed by a successful attack, Oracle strongly recommends that customers apply Critical Patch Update patches as soon as possible," it added.

"Some of these vulnerabilities were remotely exploitable, not requiring any login data; therefore posing an extremely high risk of exposure," said Boris Cipot, senior security engineer at Synopsys, speaking to Threatpost. "Additionally, there were database, system-level, Java and virtualization patches within the scope of this update. These are all critical elements within a company's infrastructure, and for this reason the update should be considered mandatory. At the same time, organizations need to take into account the impact that this update could have on their systems, scheduling downtime accordingly."

Electronic Frontier Foundation

EFF Files Amicus Brief In Google v. Oracle, Arguing APIs Are Not Copyrightable (eff.org) 147

Areyoukiddingme writes: EFF has filed an amicus brief with the U.S. Supreme Court in Google v. Oracle, arguing that APIs are not copyrightable. From the press release: "The Electronic Frontier Foundation (EFF) today asked the U.S. Supreme Court to rule that functional aspects of Oracle's Java programming language are not copyrightable, and even if they were, employing them to create new computer code falls under fair use protections. The court is reviewing a long-running lawsuit Oracle filed against Google, which claimed that Google's use of certain Java application programming interfaces (APIs) in its Android operating system violated Oracle's copyrights. The case has far-reaching implications for innovation in software development, competition, and interoperability.

In a brief filed today, EFF argues that the Federal Circuit, in ruling APIs were copyrightable, ignored clear and specific language in the copyright statute that excludes copyright protection for procedures, processes, and methods of operation. 'Instead of following the law, the Federal Circuit decided to rewrite it to eliminate almost all the exclusions from copyright protection that Congress put in the statute,' said EFF Legal Director Corynne McSherry. 'APIs are not copyrightable. The Federal Circuit's ruling has created a dangerous precedent that will encourage more lawsuits and make innovative software development prohibitively expensive. Fortunately, the Supreme Court can and should fix this mess.'" Oral arguments before the U.S. Supreme Court are scheduled for March 2020, and a decision by June.

Databases

'Top Programming Skills' List Shows Employers Want SQL (dice.com) 108

Former Slashdot contributor Nick Kolakowski is now a senior editor at Dice Insights, where he's just published a list of the top programming skills employers were looking for during the last 30 days.
If you're a software developer on the hunt for a new gig (or you're merely curious about what programming skills employers are looking for these days), one thing is clear: employers really, really, really want technologists who know how to build, maintain, and scale everything database- (and data-) related.

We've come to that conclusion after analyzing data about programming skills from Burning Glass, which collects and organizes millions of job postings from across the country.

The biggest takeaway? "When it comes to programming skills, employers are hungriest for SQL." Here's their ranking of the top most in-demand skills:
  1. SQL
  2. Java
  3. "Software development"
  4. "Software engineering"
  5. Python
  6. JavaScript
  7. Linux
  8. Oracle
  9. C#
  10. Git

The list actually includes the top 18 programming skills, but besides languages like C++ and .NET, it also includes more generalized skills like "Agile development," "debugging," and "Unix."

But Nick concludes that "As a developer, if you've mastered database and data-analytics skills, that makes you insanely valuable to a whole range of companies out there."


Open Source

Linus Torvalds: Avoid Oracle's ZFS Kernel Code Until 'Litigious' Larry Signs Off (zdnet.com) 247

"Linux kernel head Linus Torvalds has warned engineers against adding a module for the ZFS filesystem that was designed by Sun Microsystems -- and now owned by Oracle -- due to licensing issues," reports ZDNet: As reported by Phoronix, Torvalds has warned kernel developers against using ZFS on Linux, an implementation of OpenZFS, and refuses to merge any ZFS code until Oracle changes the open-source license it uses.

ZFS has long been licensed under Sun's Common Development and Distribution License as opposed to the Linux kernel, which is licensed under GNU General Public License (GPL). Torvalds aired his opinion on the matter in response to a developer who argued that a recent kernel change "broke an important third-party module: ZFS". The Linux kernel creator says he refuses to merge the ZFS module into the kernel because he can't risk a lawsuit from "litigious" Oracle -- which is still trying to sue Google for copyright violations over its use of Java APIs in Android -- and Torvalds won't do so until Oracle founder Larry Ellison signs off on its use in the Linux kernel.

"If somebody adds a kernel module like ZFS, they are on their own. I can't maintain it and I cannot be bound by other people's kernel changes," explained Torvalds. "And honestly, there is no way I can merge any of the ZFS efforts until I get an official letter from Oracle that is signed by their main legal counsel or preferably by Larry Ellison himself that says that yes, it's OK to do so and treat the end result as GPL'd," Torvalds continued.

"Other people think it can be OK to merge ZFS code into the kernel and that the module interface makes it OK, and that's their decision. But considering Oracle's litigious nature, and the questions over licensing, there's no way I can feel safe in ever doing so."

Government

Pentagon Wants Open-Source 5G Plan in Campaign Against Huawei (ft.com) 64

The Pentagon is urging US telecoms equipment makers to join forces on 5G technology in a drive to offer a homegrown alternative to China's Huawei. From a report: Lisa Porter, who oversees research and development at the defence department, has asked US companies to develop open-source 5G software -- in effect opening up their technology to potential rivals -- warning they risk becoming obsolete if they do not. Making 5G tech open-source could threaten American companies such as Cisco or Oracle, the biggest American suppliers of telecoms network equipment. This technology -- known as open radio access networks -- would allow telecoms carriers to buy off-the-shelf hardware from a range of vendors, rather than bespoke systems. US officials hope it will provide an alternative to Huawei. The Chinese equipment maker dominates the market, but many in Washington believe it poses a threat to US national security.
Oracle

Oracle Is Moving Its Massive Conference Out of San Francisco (barrons.com) 116

An anonymous reader writes: Oracle has a huge commitment to the Bay Area. The software giant is based in Redwood Shores, a short drive south from San Francisco. It remains one of the largest employers in Northern California. And until recently, the Golden State Warriors were playing in Oracle Arena in Oakland. Just as the naming rights to that arena expired -- and the Warriors moved across the Bay to San Francisco -- Oracle bought the naming rights to the San Francisco Giants' stadium. For more than 20 years, Oracle has held its annual OpenWorld trade show in San Francisco, as well. The 2019 edition of the event, held in the Moscone Convention Center, drew 60,000 people to the already traffic clogged city, driving hotel prices to dizzying heights. But no more. Oracle today confirmed that starting next year it's moving OpenWorld to Caesars Forum, a new 550,000 square foot conference center in Las Vegas due to open next year. CNBC reports that the San Francisco Travel Association told members via email today that the decision reflects feedback from attendee complaints about high hotel rates and "poor street conditions."
Oracle

Former Oracle Product Manager Claims He Was Forced Out For Refusing to Sell Vaporware (theregister.co.uk) 81

A former Oracle employee filed a lawsuit against the database giant on Tuesday claiming that he was forced out for refusing to lie about the functionality of the company's software. The civil complaint, filed on behalf of plaintiff Tayo Daramola in U.S. District Court in San Francisco, contends that Oracle violated whistleblower protections under the Sarbanes-Oxley Act and the Dodd-Frank Act, the RICO Act, and the California Labor Code.

According to the court filing, Daramola, a resident of Montreal, Canada, worked for Oracle's NetSuite division from November 30, 2016 through October 13, 2017. He served as a project manager for an Oracle cloud service known as the Cloud Campus BookStore initiative and dealt with US customers. Campus bookstores, along with ad agencies, and apparel companies are among the market segments targeted by Oracle and NetSuite. Daramola's clients are said to have included the University of Washington, the University of Oregon, the University of Texas at Austin, Brigham Young University and the University of Southern California.

The problem, according to the complaint, is that Oracle was asking Daramola to sell vaporware -- a charge the company denies. "Daramola gradually became aware that a large percentage of the major projects to which he was assigned were in 'escalation' status with customers because Oracle had sold his customers software products it could not deliver, and that were not functional," the complaint says. Daramola realized that his job "was to ratify and promote Oracle's repeated misrepresentations to customers" about the capabilities of its software, "under the premise of managing the customer's expectations." The ostensible purpose of stringing customers along in this manner was to buy time so Oracle could actually implement the capabilities it was selling, the court filing states.

As Daramola saw it, his job as project manager thus required him to participate "in a process of affirmative misrepresentation, material omission, and likely fraud."

"We don't agree with the allegations," Oracle told The Register "and intend to vigorously defend the matter."

The article also notes that in 2016 Oracle faced another whistleblower lawsuit, this one brought by a former senior finance manager at Oracle who'd said her bosses directed her to inflate the company's cloud sales. Oracle settled that lawsuit "while denying any wrongdoing."
Oracle

Oracle Responds To Wage Discrimination Claims By Suing US Department of Labor (theregister.co.uk) 125

According to The Register, Oracle is suing the Department of Labor for repeatedly accusing the company of discriminating against and underpaying women and minorities. From the report: In a lawsuit [PDF] filed Wednesday in a Washington DC district court, Big Red accuses the U.S. Department of Labor of "unprecedented overreach by an executive agency," and claims the agency doesn't have the authority to cut Oracle out of government contracts for its discriminatory practices or sue it for underpaying certain staff. With one hand holding the constitution and the other bashing its chest, the database giant warned perilously that "the rise of the modern administrative state has altered our government structure" but that it had "not undone our constitutional structure."

The folks at the Office of Federal Contract Compliance Programs (OFCCP) have "created a coercive administrative enforcement and adjudicative regime" the lawsuit bellows. "Without authority from any Act of Congress - indeed, in contravention of congressional legislation - a group of unelected, unaccountable, and unconfirmed administrative officials have cut from whole cloth this adjudicative agency enforcement scheme." The lawsuit is just the latest in a brutal battle between Oracle and the Labor Department that started in 2017 when the government sued the database biz for pay and employment discrimination. According to federal investigators, Oracle pays its white male employees more than women and minorities even when they are in the same job with the same title. It studied Oracle's hiring practices since 2013 and concluded that there were "gross disparities in pay even after controlling for job title, full-time status, exempt status, global career level, job speciality, estimated prior work experience, and company tenure."

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