Google

Supreme Court Will Hear Long-Running Google and Oracle Copyright Lawsuit (cnbc.com) 60

An anonymous reader quotes a report from CNBC: The Supreme Court said on Friday that it will hear a dispute between tech giants Oracle and Google in a blockbuster case that could lead to billions of dollars in fines and shape copyright law in the internet era. The case concerns 11,500 lines of code that Google was accused of copying from Oracle's Java programming language. Google deployed the code in Android, now the most popular mobile operating system in the world. Oracle sued Google in 2010 alleging that the use of its code in Android violated copyright law.

Google won two victories in the lower courts but ultimately lost on appeal before the U.S. Court of Appeals for the Federal Circuit, which ruled last year for Oracle. Oracle has previously said it is entitled to $9 billion in damages, though no official penalty has been set. Java was developed by Sun Microsystems, which Oracle purchased in a deal valued at $7.4 billion that was completed in 2010. Underlying the legal issues in the case is a technical dispute over the nature of the code that Google used. Google has said that the code was essentially functional -- akin to copying the placement of keys on a QWERTY keyboard. Oracle maintains that the code, part of Java's application programming interface, or API, is a creative product, "like the chapter headings and topic sentences of an elaborate literary work." A number of high-profile tech firms urged the top court to take the case in order to side with Google.

Privacy

Health Websites Are Sharing Sensitive Medical Data with Google, Facebook, and Amazon (technologyreview.com) 22

Popular health websites are sharing private, personal medical data with big tech companies, according to an investigation by the Financial Times. From a report: The data, including medical diagnoses, symptoms, prescriptions, and menstrual and fertility information, are being sold to companies like Google, Amazon, Facebook, and Oracle and smaller data brokers and advertising technology firms, like Scorecard and OpenX. The FT analyzed 100 health websites, including WebMD, Healthline, health insurance group Bupa, and parenting site Babycentre, and found that 79% of them dropped cookies on visitors, allowing them to be tracked by third-party companies around the internet. This was done without consent, making the practice illegal under European Union regulations. By far the most common destination for the data was Google's advertising arm DoubleClick, which showed up in 78% of the sites the FT tested.
Oracle

Oracle Revives Charges That Pentagon Bid Was Tainted by Amazon Conflicts (bloomberg.com) 47

Oracle opened its appeal in a legal challenge of a Pentagon cloud-computing contract valued at as much as $10 billion with a familiar argument: the procurement was unfairly tailored for Amazon.com. From a report: In in its opening brief, which was filed on Friday, Oracle said the cloud project violated federal procurement law and was tainted by relationships between former Pentagon officials and Amazon. Oracle is appealing a July ruling from the U.S. Court of Federal Claims that dismissed its legal challenge of the cloud contract based on similar claims. At the same time, Amazon is mulling its own potential legal challenge of the project after losing the deal to Microsoft Corp. late last month, Bloomberg has reported. The legal challenges could revive fresh criticism from industry, lawmakers and analysts of the Pentagon's handling of the controversial cloud project, known as the Joint Enterprise Defense Infrastructure, or JEDI. The project is designed to consolidate the Pentagon's cloud computing infrastructure and modernize its technology systems. The Defense Department is facing accusations that former employees with ties to Amazon may have structured the deal to favor Amazon and that President Donald Trump may have unfairly intervened in the process against Amazon. Trump has long been at odds with Amazon Chief Executive Officer Jeff Bezos, who also owns the Washington Post.
Microsoft

Microsoft Announces It's Ready to Contribute to OpenJDK (jaxenter.com) 62

"In a message to the OpenJDK community, Bruno Borges announced that Microsoft has now formally signed the Oracle Contributor Agreement and has been welcomed to the Java community," reports JAXenter: He went on to reaffirm Microsoft's commitment to Java and that the team is looking forward to giving something back to the Java community. However, the team will not just barge in with a heavy hand, but will start with smaller bug fixes and the like so they can learn how to be "good citizens within OpenJDK."

Borges, himself a former Oracle developer, is Principal Product Manager for Java at Microsoft. He presents Martijn Verburg as the Java engineering team lead who will be working together along with other partners in the Java ecosystem. Verburg is also CEO of jClarity, a leading AdoptOpenJDK contributor acquired by Microsoft in August this year, so presumably he will stay true to form and continue to contribute to the Java world, only now with Microsoft at his back...

Microsoft's acquisition of jClarity was just the latest in their efforts to gain a foothold in the Java community. There are many Java developers and Java champions who now practice their trade under Microsoft's banner... At JAX London a few weeks ago, Program Chair Sebastian Meyen opened the conference by giving a speech in which he said "Microsoft is now a Java shop". He sees this as a great development, as "it's always good when industry giants stand behind Java."

The Military

Pentagon Awaits Possible Amazon Challenge Over Cloud Deal (apnews.com) 50

Amazon must decide soon if it will protest the Pentagon's awarding of a $10 billion cloud computing contract to rival Microsoft, with one possible grievance being the unusual attention given the project by President Donald Trump. From a report: Amazon was long thought to be the front-runner in the competition for the huge military contract. Its Amazon Web Services division is far ahead of second-place Microsoft in cloud computing, and Amazon has experience handling highly classified government data. It survived earlier legal challenges after the Defense Department eliminated rival bidders Oracle and IBM and whittled the competition down to the two Seattle area tech giants before choosing Microsoft last week. And what else distinguishes the losing bidder? Amazon and its CEO Jeff Bezos, who also owns The Washington Post, have been frequent targets of Trump's criticism. The Pentagon was preparing to make its final decision when Trump publicly waded into the fray in July, saying he had heard complaints about the process and that the administration would "take a very long look." He said other companies told him that the contract "wasn't competitively bid." Oracle, in particular, had argued that Pentagon officials unfairly favored Amazon for the winner-take-all contract.
Java

New in Java 13: Text Blocks (oracle.com) 57

The October issue of Oracle's Java magazine includes an article reminding us that Java 13 includes a long-awaited new features: text blocks. With text blocks, Java 13 is making it easier for you to work with multiline string literals. You no longer need to escape the special characters in string literals or use concatenation operators for values that span multiple lines. You can also control how to format your strings. Text blocks -- Java's term for multiline strings -- immensely improve the readability of your code...

A text block is defined using three double quotes (""") as the opening and closing delimiters. The opening delimiter can be followed by zero or more white spaces and a line terminator. A text block value begins after this line terminator.

Oracle

Should JavaScript Be Renamed? (kieranpotts.com) 170

Software engineer Kieran Potts asks: does JavaScript need to be renamed? There's no doubt there are problems with JavaScript's branding...

- Correctly, "JavaScript" refers to a subset of ECMAScript specified by Mozilla, but the word is used interchangeably to refer to multiple different ECMAScript supersets, depending on context.

- JavaScript is a trademark of Oracle Corporation, which doesn't fit comfortably with the language's position as a central component of the web platform, which is meant to be built entirely from open technologies and standards.

- There isn't even an official logo for JavaScript, let alone a cute mascot like Go's gopher or PHP's elephant.

- And famously, JavaScript is unrelated to Java. This has confused the hell out of non-technical managers and recruiters for decades.

The article also suggests "a standard convention" to identify the runtime's host system (for example, "WebJS" or "ServerJS").

But in response to the question of rebranding JavaScript, "the most common, knee jerk reaction was a quick guffaw and an exclaimed 'no!'" notes tech columnist Mike Melanson, "while others offered that the simple contraction to JS would suffice."
Cloud

Microsoft Beats Amazon To Win the Pentagon's $10 Billion JEDI Cloud Contract (theverge.com) 51

An anonymous reader quotes a report from The Verge: The U.S. government has awarded a giant $10 billion cloud contract to Microsoft, the Department of Defense has confirmed. Known as Joint Enterprise Defense Infrastructure (JEDI), the contract will provide the Pentagon with cloud services for basic storage and power all the way up to artificial intelligence processing, machine learning, and the ability to process mission-critical workloads. It's a key contract for Microsoft as the company battles Amazon for cloud dominance, and for a while it was up in the air as to whether Microsoft or Amazon would win this particular one. IBM and Oracle were both eliminated for the bidding back in April, leaving just Microsoft and Amazon as the only companies that could meet the requirements. The contract has been controversial throughout the bidding process, and Oracle lost a legal challenge after it claimed the contract has conflicts of interest. The contract will last for 10 years and is likely to be resisted by employees, who have in the past have called on the company to drop its HoloLens U.S. Army contract and stop its work with ICE.
Oracle

Oracle Co-CEO Mark Hurd Passes Away (cnbc.com) 54

Mark Hurd, who was co-chief of Oracle, one of the world's top business-software firms, until he stepped aside last month for health reasons, died Friday. He was 62. From a report: "Oracle has lost a brilliant and beloved leader who personally touched the lives of so many of us during his decade at Oracle," Oracle chairman Larry Ellison wrote. "All of us will miss Mark's keen mind and rare ability to analyze, simplify, and solve problems quickly. Some of us will miss his friendship and mentorship. I will miss his kindness and sense of humor." Hurd announced a leave of absence from Oracle in September due to unspecified health reasons. Oracle stock had gone up about 37% since he and Safra Catz were appointed as CEOs in September 2014.
Sun Microsystems

When Sun Microsystems' Founders and Former Employees Hold a Reunion (infoworld.com) 36

Last week Infoworld reported on a reunion of more than 1,000 former employees of Sun Microsystems including all four founders of the company -- Andreas Bechtolsheim, Vinod Khosla, Scott McNealy, and Bill Joy -- at just their second reunion since the 2010 Oracle acquisition. Prior to the formal festivities, the company founders met with a small group of press persons. Pondering recent developments in computing, Bill Joy, who is now concentrating on climate change solutions, recalled that Sun tried to do natural language processing, but the hardware was not fast enough. Regarding the emergence of the iPhone, Joy said the advent of mobility and data networks has been transformational for society. He noted that Sun had that kind of vision with Java ME, with Sun trying to do programmable smartphones. "But the hardware was just really nascent at the time," Joy said. Machine learning, though, will be as transformational as the smartphone, he added.

McNealy emphasized Sun's willingness to share technology, such as the Network File System (NFS), which helped to bring about the open source software movement now prevalent today. "We didn't invent open source but we [made it] happen. We were the leader of that parade." Asked if Sun should have moved from Sparc Risc processors and Solaris Unix to Intel processors and Linux, McNealy said he did not want to talk about mistakes he had made as Sun CEO but such a switch was not what Sun should have done....

Among those proudest of Sun's achievements was Sun founder and CEO Scott McNealy, who, taking the stage, had some sharp words for Facebook, which now occupies one of Sun's former Silicon Valley campuses, without mentioning Facebook by name. "I remember some company moved into one of our old headquarters buildings," McNealy said. "And the CEO said, we're going to leave the [Sun Microsystems] logos up because we want everybody in our company to remember what can happen to you if you don't pay attention. This company could do well to do one-one-hundredth of what we did."

Databases

Oracle Outperformed? TPC Benchmarks Show Alibaba's OceanBase Performs Twice As Well (tpc.org) 46

The Transaction Processing Performance Council is a many-decades-old nonprofit that defines transaction processing and database benchmarks and shares its performance results with the industry.

Long-time Slashdot reader hackingbear says they've just released some surprising news: The TPC organization reported on October 5 that OceanBase, an open-source relational database from Ant Financial, a business unit of Chinese e-commerce giant Alibaba Group, has topped the TPC-C benchmark, more than doubling the score achieved by Oracle Corp. which had held the world record for the past 9 years.

OceanBase v2.2 Enterprise Edition with Partitioning scored at 60,880,800, while Oracle Database 11g R2 Enterprise Edition w/RAC and Partitioning achieved 30,249,688.

TPC Benchmark C is industrial standard OLTP benchmark, measuring on-line transactions per minute (tpmC).

Oracle

Top Oracle Lawyer Attempting To Gaslight Entire Software Community: Insists APIs Are Executable (techdirt.com) 173

Mike Masnick, reporting for TechDirt: Last week, the Solicitor General of the White House weighed in on Google's request for the Supreme Court to overturn the Federal Circuit's ridiculously confused ruling in the Oracle/Google case concerning the copyrightability of APIs (and whether or not repurposing them is fair use). Not surprisingly, as the Solicitor General has been siding with Oracle all along, it suggests that the Supreme Court not hear the case. Of course, it does so by completely misrepresenting what's at stake in the case -- pretending that this is about whether or not software source code is copyright-eligible:

"This case concerns the copyrightability of computer code. To induce a computer to perform a function, a person must give the computer written instructions. Typically, those instructions are written in 'source code,' which consists of words, numbers, and symbols in a particular 'programming language,' which has its own syntax and semantics. The source code is then converted into binary 'object code' -- ones and zeros -- that is readable by the computer.

It is both 'firmly established' and undisputed in this case that computer code can be copyrightable as a 'literary work[].' 1 Melville B. Nimmer & David Nimmer, Nimmer on Copyright & 2A.10[B] (2019). Section 101 defines a 'computer program' as 'a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.' 17 U.S.C. 101. And various Copyright Act provisions recognize that a person may own a copyright in a 'computer program.'"

Masnick adds: Except... that's not what this case is about. Even remotely. Literally no one denies that software source code is subject to copyright. The question is whether or not an Application Programming Interface -- an API -- is subject to copyright.


Oracle

Oracle's New Supercomputer Has 1,060 Raspberry Pis (tomshardware.com) 71

An anonymous reader quotes Tom's Hardware: One Raspberry Pi can make a nice web server, but what happens if you put more than 1,000 of them together? At Oracle's OpenWorld convention on Monday, the company showed off a Raspberry Pi Supercomputer that combines 1,060 Raspberry Pis into one powerful cluster.

According to ServeTheHome, which first reported the story, the supercomputer features scores of racks with 21 Raspberry Pi 3 B+ boards each. To make everything run well together, the system runs on Oracle Autonomous Linux... Every unit connects to a single rebranded Supermicro 1U Xeon server, which functions as a central storage server for the whole supercomputer. The Oracle team also created custom, 3D printed brackets to help support all the Pis and connecting components...

ServeTheHome asked Oracle why it chose to create a cluster of Raspberry Pis instead of using a virtualized Arm server and one company rep said simply that "...a big cluster is cool."

Privacy

Silicon Valley Is Terrified of California's Privacy Law (techcrunch.com) 155

An anonymous reader quotes a report from TechCrunch: Silicon Valley is terrified. In a little over three months, California will see the widest-sweeping state-wide changes to its privacy law in years. California's Consumer Privacy Act (CCPA) kicks in on January 1 and rolls out sweeping new privacy benefits to the state's 40 million residents -- and every tech company in Silicon Valley. California's law is similar to Europe's GDPR. It grants state consumers a right to know what information companies have on them, a right to have that information deleted and the right to opt-out of the sale of that information.

Since the law passed, tech giants have pulled out their last card: pushing for an overarching federal bill. In doing so, the companies would be able to control their messaging through their extensive lobbying efforts, allowing them to push for a weaker statute that would nullify some of the provisions in California's new privacy law. In doing so, companies wouldn't have to spend a ton on more resources to ensure their compliance with a variety of statutes in multiple states. Just this month, a group of 51 chief executives -- including Amazon's Jeff Bezos, IBM's Ginni Rometty and SAP's Bill McDermott -- signed an open letter to senior lawmakers asking for a federal privacy bill, arguing that consumers aren't clever enough to "understand rules that may change depending upon the state in which they reside." Then, the Internet Association, which counts Dropbox, Facebook, Reddit, Snap, Uber (and just today ZipRecruiter) as members, also pushed for a federal privacy law. "The time to act is now," said the industry group. If the group gets its wish before the end of the year, the California privacy law could be sunk before it kicks in.
TechNet, a "national, bipartisan network of technology CEOs and senior executives," also demanded a federal privacy law, claiming -- and without providing evidence -- that any privacy law should ensure "businesses can comply with the law while continuing to innovate." Its members include major venture capital firms, including Kleiner Perkins and JC2 Ventures, as well as other big tech giants like Apple, Google, Microsoft, Oracle and Verizon

"It's no accident that the tech industry launched this campaign right after the California legislature rejected their attempts to undermine the California Consumer Privacy Act," Jacob Snow, a technology and civil liberties attorney at the ACLU of Northern California, told TechCrunch. "Instead of pushing for federal legislation that wipes away state privacy law, technology companies should ensure that Californians can fully exercise their privacy rights under the CCPA on January 1, 2020, as the law requires."
Java

Java EE 'Goes All In' on Open Source with Jakarta EE 8 (zdnet.com) 54

An anonymous reader quotes ZDNet: While Sun open-sourced some of Java as long ago as November 2006, actually using Java in an open-source way was... troublesome. Just ask Google about Android and Java. But for Java in the enterprise things have changed. On September 10, The Eclipse Foundation announced the full open-source release of the Jakarta EE 8 Full Platform and Web Profile specifications and related Technology Compatibility Kits (TCKs).

This comes after Oracle let go of most of Java Enterprise Edition's (JEE) intellectual property. Oracle retains Java's trademarks though -- thus Java EE's naming convention has been changed to Jakarta EE. But for practical programming and production purposes Jakarta EE 8 is the next generation of enterprise Java.... Jakarta EE 8 also includes the same APIs and Javadoc using the same programming model Java developers have always used. The Jakarta EE 8 TCKs are based on and fully compatible with Java EE 8 TCKs. All of this means enterprise customers will be able to migrate to Jakarta EE 8 without any changes to Java EE 8 applications.

Eclipse hasn't been doing this in a vacuum. Fujitsu, IBM, Oracle, Payara, Red Hat, Tomitribe, and other members of what was once the Java community have been working on Jakarta EE... All of the Jakarta EE Working Group vendors intend to certify their Java EE 8 compatible implementations as Jakarta EE 8 compatible. In other words, Jakarta is the future for Java EE.

Oracle is now working on delivering a Java EE 8 and Jakarta EE 8 compatible implementation of their WebLogic Server.

The Eclipse Foundation says Jakarta EE 8's release "provides a new baseline for the evolution and innovation of enterprise Java technologies under an open, vendor-neutral, community-driven process."
Cloud

Oracle Files New Appeal Over Pentagon's $10B JEDI Cloud Contract RFP Process (techcrunch.com) 48

You really have to give Oracle a lot of points for persistence, especially where the $10 billion JEDI cloud contract procurement process is concerned. An anonymous reader shares a report:For more than a year, the company has been complaining across every legal and government channel it can think of. In spite of every attempt to find some issue with the process, it has failed every time. That did not stop it today from filing a fresh appeal of last month's federal court decision that found against the company . Oracle refuses to go quietly into that good night, not when there are $10 billion federal dollars on the line, and today the company announced it was appealing Federal Claims Court Senior Judge Eric Bruggink's decision.
Oracle

Oracle Directors Give Blessing To Shareholder Lawsuit Against Larry Ellison, Safra Catz (techcrunch.com) 14

An anonymous reader quotes a report from TechCrunch: Three years after closing a $9.3 billion deal to acquire NetSuite, several Oracle board members have written an extraordinary letter to the Delaware Court, approving a shareholder lawsuit against company executives Larry Ellison and Safra Catz over the 2016 deal. Reuters broke this story. According to Reuters' Alison Frankel, three board members, including former U.S. Defense Secretary Leon Panetta, sent a letter on August 15th to Sam Glasscock III, vice chancellor for the Court of the Chancery in Georgetown, Delaware, approving the suit as members of a special board of directors entity known as the Special Litigation Committee.

The lawsuit is what is called in legal parlance a derivative suit. According to the site Justia, this type of suit is filed in cases like this. "Since shareholders are generally allowed to file a lawsuit in the event that a corporation has refused to file one on its own behalf, many derivative suits are brought against a particular officer or director of the corporation for breach of contract or breach of fiduciary duty," the Justia site explained. The letter went on to say there was an attempt to settle this suit, which was originally launched in 2017, through negotiation outside of court, but when that attempt failed, the directors wrote this letter to the court stating that the suit should be allowed to proceed. As Frankel wrote in her article, the lawsuit, which was originally filed by the Firemen's Retirement System of St. Louis, could be worth billions.
The report notes that Oracle was struggling to find its cloud footing in 2016, so it's "believed that by buying an established SaaS player like NetSuite, it could begin to build out its cloud business much faster than trying to develop something like it internally."

The Oracle letter can be found here.
Businesses

VMware Buys Carbon Black and Pivotal, Valued Together at $4.8 billion (cnbc.com) 12

Software company VMware on Thursday said it's acquiring Carbon Black at an enterprise value of $2.1 billion and Pivotal at an enterprise value of $2.7 billion. The deals are expected to close by the end of January 2020. From a report: These are VMware's largest acquisitions yet. The deals build on VMware's strength helping companies run their software in their own data centers. They could help VMware compete better in the security market and hybrid-cloud infrastructure operations. VMware isn't talking about cost synergies that could come out of buying two other enterprise-focused companies. However, CEO Pat Gelsinger told CNBC the companies will be operating profitably under VMware next year. Gelsinger said that by year two, Carbon Black and Pivotal will have contributed more than $1 billion in revenue incrementally, which will mean VMware will have more than $3 billion in hybrid cloud and software-as-a-service revenue.

Carbon Black was founded in 2002 and debuted on the Nasdaq under the symbol "CBLK" in May 2018. The company provides anti-malware and endpoint protection products that can see into many of a company's devices and tell if they have been hacked. [...] Pivotal and VMware go way back: The company was created from assets spun out of VMware and Dell (VMware's controlling owner) in 2013. Its products help companies build and deploy their software across different server infrastructure, including public clouds. Competitors include IBM, Oracle and SAP, among others, as well as cloud providers such as Amazon and Microsoft. Pivotal's customers include Boeing, Citi, Ford and Home Depot, according to its website.

Programming

Is Hiring Broken? (rajivprab.com) 397

DevNull127 writes: Hiring is broken and yours is too," argues a New York-based software developer whose LinkedIn profile says he's worked at both Amazon and Google, as well as doing architecture verification work for both Oracle and Intel. Summarizing what he's read about hiring just this year in numerous online articles, he lists out the arguments against virtually every popular hiring metric, ultimately concluding that "Until and unless someone does a rigorous scientific study evaluating different interviewing techniques, preferably using a double-blind randomized trial, there's no point in beating this dead horse further. Everyone's hiring practices are broken, and yours aren't any better."

For example, as a Stanford graduate he nonetheless argues that "The skills required for getting into Stanford at 17 (extracurriculars, SAT prep etc) do not correlate to job success as a software developer. How good a student you were at 17, is not very relevant to who you are at 25." References are flawed because "People will only ever list references who will say good things about them," and they ultimately punish people who've had bad managers. But asking for source code from past sides projects penalizes people with other interests or family, while "most work product is confidential."

Brain teasers "rely on you being lucky enough to get a flash of inspiration, or you having heard it before," and are "not directly related to programming. Even Google says it is useless." And live-coding exercises are "artificial and contrived," and "not reflective of practical coding," while pair programming is unrealistic, with the difficulty of the tasks varying from day to day.

He ultimately criticizes the ongoing discussion for publicizing the problems but not the solutions. "How exactly should we weigh the various pros and cons against each other and actually pick a solution? Maybe we could maybe try something novel like data crunch the effectiveness of each technique, or do some randomized experiments to measure the efficacy of each approach? Lol, j/k. Ain't nobody got time for that!"

United States

Trump Says He's Looking Into a Pentagon Cloud Contract For Amazon or Microsoft (cnbc.com) 121

President Donald Trump said on Thursday that he's seriously considering looking at a Pentagon contract that's said to be worth up to $10 billion for Microsoft or Amazon. From a report: "I never had something where more people are complaining," Trump said, adding that he's going to take a close look at it. "We're getting tremendous complaints from other companies," Trump said in a press pool at the White House during a meeting with the prime minister of The Netherlands. "Some of the greatest companies in the world are complaining about it." He named Microsoft, Oracle and IBM.

Since April, Microsoft and Amazon have been the only remaining competitors for the contract after IBM and Oracle were ruled out by the Defense Department. The contract, known as JEDI, is viewed as a marquee deal for the company that ultimately wins it, particularly as Microsoft and Amazon are aggressively pursuing government work for their expanding cloud units. While Trump didn't cite Amazon CEO Jeff Bezos by name on Thursday, the billionaire executive has been a constant source of frustration for the president. Bezos owns the Washington Post, which Trump regularly criticizes for its coverage of his administration. Trump also has gone after Amazon repeatedly for, as he claims, not paying its fair share of taxes and ripping of the U.S. Post Office.

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