Oracle skewers Google as Android trial opens

SAN FRANCISCO (AP) ? Oracle began Monday trying to convince a jury that Google's top executives have long known that they stole a key piece of technology to build the Android software that now powers more than more than 300 million smartphones and tablet computers.

The unflattering portrait of Google Inc. was drawn by Oracle lawyer Michael Jacobs in the opening phase of a complex trial pitting two Silicon Valley powerhouses in a battle delving into the often mind-numbing minutiae of intellectual property and computer coding.

"We will prove to you from beginning to end ... that Google knew it was using someone else's property," Jacobs said near the end of his hour-long opening statement.

Google's lawyers will counter with their opening statements Tuesday.

The showdown in a San Francisco federal court centers on Oracle's allegations that Google's Android software infringes on the patents and copyrights of Java, a programming technology that Sun Microsystems began developing 20 years ago.

Oracle Corp., a business software maker based in Redwood Shores, acquired the rights to Java when it bought Sun Microsystems for $7.3 billion in January 2010.

Google Inc., the Mountain View-based Internet search leader, has steadfastly denied Oracle's allegations since the lawsuit was filed seven months after the Sun deal closed.

The impasse has left it to a 12-member jury to resolve the dispute in a trial scheduled to last as long as 10 weeks. U.S. District Judge William Alsup devoted most of Monday's session to picking the jury, leaving only enough time for Oracle to lay out the framework for its case.

Oracle is seeking hundreds of millions of dollars in damages and an injunction that would force Google to pay future licensing fees or find an alternative to Java to keep its Android system running smoothly.

At one point in the lawsuit, Oracle estimated it might be owed as much as $6.1 billion. But Alsup has whittled the case down in a way that has substantially lowered the size of the potential payout if Google loses.

In a sign of how far apart the two sides are, Google last month said it would be willing to pay $2.8 million plus a tiny percentage of its future revenue if the jury decides Android infringed on two Java patents. Google hasn't publicly estimated what it thinks its liability might be if the jury decides Android violated 37 Java programming copyrights as alleged by Oracle.

The copyright disagreement ? the most important point of the case ? will be covered in the first phase of the trial followed by the patent dispute. If necessary, a third phase will be devoted to how much money Google owes Oracle.

Much of the evidence presented during the trial will delve into highly technical fare likely only to appeal to programming geeks and patent-law aficionados. However, there may be dramatic interludes that lift a veil on the inner workings of two of the world's most influential technology companies.

The intrigue will include testimony from the two companies' multibillionaire CEOs, Oracle's Larry Ellison and Google's Larry Page. Oracle indicated on Monday that it could call Ellison to the stand as early as Tuesday.

Several other industry luminaries, including former Google CEO Eric Schmidt and former Sun Microsystems CEO Jonathan Schwartz, are also on the list of potential witnesses.

Jacobs focused much of his opening statement on excerpts in internal emails that suggest Google knew it needed to pay licensing fees to use some of the Java technology that went into Android, a project that began in earnest in 2005 when Google bought a startup run by Andy Rubin. The first phone running on Android software didn't go on sale until October 2008, about 15 months before Oracle bought Sun Microsystems and stepped up the attempts to make Google pay up for the Java technology.

Oracle cited an October 2005 email from Rubin to Page as an early sign that Google realized it probably would have to pay Sun for using Java in Android.

"My proposal is that we take a license that specifically grants the right for us to Open Source our product," Rubin wrote.

Jacobs pointed to a May 2006 email from Schmidt to Rubin as an indication that Google knew it might need to seek other solutions for Android if it couldn't work out an agreement with Sun.

"How are we doing on the Sun deal?" Schmidt asked in his message. "Its (sic) it time to develop a non-Java solution to avoid dealing with them?"

By August 2010, Google still hadn't been able to find any satisfactory alternatives to Java, according to an email that Google engineer Tim Lindholm sent to Rubin.

"We have been over a bunch of these, and think they all suck," wrote Lindholm, who worked at Sun Microsystems before joining Google. "We conclude that we need to negotiate a license for Java under the terms we need."

The lack of a licensing agreement ultimately didn't deter Google, Jacobs told the jury, because the company realized it needed a mobile software system to preserve its digital search-and-advertising empire as more sophisticated phones enabled more people to surf the Internet while they were away from their desktop computers. Java provided Google with a springboard into mobile computing because 6 million software programmers were already familiar with the technology and could easily create applications that would run on Android, Jacobs said.

Although Google doesn't charge device makers to use Android, the company makes money from some of the mobile advertising and mobile applications sold on the system. Google has said its mobile advertising revenue now exceeds $2.5 billion, but it hasn't specified how much of that money comes from Android-powered devices.

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Amanda Bynes Continues Crashing, Partying


Amanda Bynes may have been arrested for DUI in early April, but the actress isn't letting that legal hiccup get in the way of her Hollywood partying!

The troubled star - friends say Bynes has been lost for years - drove herself to hot spot Greystone Manor last night, where she was photographed texting behind the wheel... prior to backing her car over a curb in a red zone!

See for yourself:

Amanda Bynes at the WheelAmanda Bynes' Car

Bynes did eventually make it into the establishment, which is more than can be said for the day after her arrest.

Mere hours after the actress was released on bail following her drunk driving incident, she was denied access at THE SAME BAR she had frequented the evening before. At the very least, someone should tell Amanda to text a cab next time.

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Kaz Hirai reveals 'One Sony' turnaround strategy, will cut 10,000 jobs

Image
Freshly minted Sony CEO Kaz Hirai has revealed his plan to turn around Sony's fortunes and as rumored, it includes significant cuts. Two days ago, the company revised its projections for the 2011 fiscal year to reflect a $6.4 billion loss. The One Sony plan includes reducing headcount by 10,000 in the 2012 financial year, a number that also reflects jobs leaving Sony as businesses are sold or otherwise reorganized, and will cost it 75 billion yen ($926 million) during 2012. Currently, the plan is to focus on digital imaging, gaming and mobile for growth, until those three make up 70 percent of its total sales in 2014. As far as its beleaguered HDTV business, it's going forward with the plans announced during CES to streamline the product line, reduce its costs, and return to profitability by 2014. Looking forward, there's slightly fuzzier promises to "develop and commercialize" OLED and Crystal LED technology. Beyond those the idea is to expand in emerging markets, as well as medical and 4K related technologies. There's more details in the press release after the break and presentation slides linked below, we'll let you know if there's any more information revealed on a conference call later on today.

Continue reading Kaz Hirai reveals 'One Sony' turnaround strategy, will cut 10,000 jobs

Kaz Hirai reveals 'One Sony' turnaround strategy, will cut 10,000 jobs originally appeared on Engadget on Thu, 12 Apr 2012 02:01:00 EDT. Please see our terms for use of feeds.

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Boss Talks, Pickles N' Sno Cones, and Motherf***ing Pterodactyls (NSFW) [Video]

Roll that spliff phatly, pack some fresh ice into the binger, and set the Volcano to "toastify." It's time for tonight's Stoner Channel. We've collected our best high-times material for the discerning pothead so sit back, relax, and pass that shit on the left, yo. More »


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James Van Der Beek 'Commits' To Being Badass Dawson On 'The B---- In Apt 23'

ABC show's leading ladies talk to MTV News about how the actor hilariously sends up his 'Dawson's Creek' alter ego.
By Jocelyn Vena


Krysten Ritter
Photo: MTV News

NEW YORK — On Wednesday night (April 11), ABC welcomes the buzzy, dark comedy "Don't Trust the B---- in Apt 23" to their primetime schedule. MTV News hit the show's red-carpet premiere on Tuesday and got the scoop from two of the show's leading ladies: Dreama Walker, who plays sweet June, and Krysten Ritter, who plays bad girl Chloe.

The actresses opened up about working with co-star James Van Der Beek, explaining what it's like to watch him mock his nice-guy "Dawson's Creek" image. They also joked about what it's like to make a sex tape with him ... for the show, of course.

"[Van Der Beek plays a] self-centered, narcissistic version of himself," Walker explained. "He's so down-to-earth and very sweet and has a great sense of humor; very smart, well-spoken, just a cool dude, too polite," she added of the real-life Van Der Beek.

"Apt 23" follows two women, con artist Chloe and girl-next-door June, who become roommates after June finds herself suffering several misfortunes in the Big Apple. The rooomies' relationship takes some hilarious turns as (the somewhat psychotic) Chloe makes every attempt to break June's optimistic spirit. Of course, it also stars TV's Dawson Leery, now all grown-up and playing an exaggerated version of himselfà la Neil Patrick Harris in the "Harold & Kumar" flicks.

While the show will probably leave viewers cracking up at the mean-spirited antics of June and Chloe, it's Van Der Beek's portrayal of a self-centered, egotistical version of the Beek that's likely to have fans buzzing (his character's wacky shenanigans include some flannel-wearing bed-hopping.)

This is hardly the first time Van Der Beek has played with his image, though. In 2011, he teamed up with Funny or Die for a weeklong series of videos that poked fun at his work on "Dawson's Creek." During our chat, Walker shared her favorite one-liner from the rather evil onscreen Van Der Beek.

"I love the line where he says, 'I'm gonna play a role that I was born to play and that was me.' And Krysten goes, 'Aren't you getting a little old for that?' " Walker said before adding that it was a relief that the actor didn't mind poking fun at himself. "You kind of can't be [self-conscious]. You just have to really commit to it, and that's exactly what he did."

And about that sex tape, which comes up later in the season. Ritter, who plays the much-discussed "B----" on the show, dished a little bit about it and her character's onscreen relationship with James Van Der Beek.

"He's playing a narcissistic version of himself," she emphasized. "It's really fun, he's a good sport. ... It informs my character, [Chloe], so much, like, 'Who is this girl that can only go places with a celebrity, who only will go out in public if she has James Van Der Beek on her arm?' I think it's a really exciting ingredient to an already special show.

"We may or may not have a sex tape," she added.

The freshman sitcom airs Wednesdays at 9:30 p.m. ET in the spot once occupied by another quirky ABC sitcom, "Happy Endings," which wrapped up its second season last week.

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Romney Finally Gets His Title: Presumptive Republican Nominee

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Oxford University, Vatican libraries to digitize works

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Type II Diabetes, San Antonio Review

Hereditary temperament to diabetes issues may be examined by performing an Immuno Genomic Profile. This examination can identify the gene that places us in danger of creating diabetic issues, metabolic dysglycemia (blood glucose levels instability) and also a high-risk of heart disease. If this type of examination is affirmative, stop worrying. The system changes this gene on and will turn it off.

There are actually four aspects of problem and remedy in true alternative proper care.

The very first aspect is healthy eating plan, together with a blood hormone balance, Hgb-A1c, CBC with differential and thyroid gland profile with TSH. This will allow your doctor to recognize any kind of inadequate vitamins and minerals such as zinc, magnesium mineral or various digestive enzymes.

It also ensures there won't be any some other involvements on the thyroid gland, liver organ, etc. Hormonal inspections can show an asymmetry of progesterone, male growth hormone, excess estrogen, DHEA and cortisol, which may change blood glucose levels. Lastly, food allergic reactions may cause blood glucose levels swing motion, and so they do!

Structural issues are extremely important especially for San Antonio Nutritionist. Every diabetic person has subluxations at C5 (from the neck) and also at T5, 6 and 7 (between your shoulder muscles), the nerve provide to the pancreas. There tend to be a lot more, but by changing these aspects, possibly even blood insulin reliant diabetic patients usually can reduce their dosage.

This is known as somatovisceral (vertebral/spinal to body organ nerve supply) relationship. Physical exercise is really important at the same time. For a newbie, the method, 170 minus the years of age, happens when one should attempt to acquire one?s heart beat, maintained for twenty minutes, a minimum of three times each week.

Electromagnetically, you will need drinking water - certainly not a cup of coffee, herbal tea, tequila or even soft drinks - normal water! In the event that a person doesn?t have plenty of normal water, a person can?t eat well. In addition to that, diabetic patients have a heavy risk of renal system difficulties. These kind of difficulties could be made worse by high levels of caffeine, that can cause the discharge of more blood insulin. Traditional Chinese medicine will also help control blood sugar levels. Abdomen, kidney as well as spleen areas are needed in persistent instances.

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IDRA the Agency: Business Ethics for a Succesful Interior Design ...

Top 10 Principles for Positive Business Ethics This morning, I read about a company using on-line auctions to defraud customers. Last week, I consulted on an ethics complaint where a business coach betrayed a client's confidentiality. Recently a physician was convicted of insider trading based on information from a patient, a violation of both business ethics and her professional ethics. Business ethics are the key to profits. If clients and customers don't trust you, and your business ethics, they will not do business with you. Would you buy from a company you didn't trust? Of course not! Business ethics have become a hot-button topic. There are often ethical conflicts between making money, and doing what is right. There can be dilemmas about doing what is best for your employer, what's best for your own career, and what's best for the customer. Business ethics is about negotiating these mine-fields. Here are my Top 10 Principles for Positive Business Ethics: 1. Business Ethics are Built on Personal Ethics.

There is no real separation between doing what is right in business, and playing fair, telling the truth and being ethical in your personal life.

2. Business Ethics are Based on Fairness.

Would a dis-interested observer agree that both sides are being treated fairly? Are both sides negotiating in good faith? Does each transaction take place on a "level playing field"? If so, the basic principles of ethics are being met.

3. Business Ethics Require Integrity.

Integrity refers to whole-ness, reliability and consistency. Ethical businesses treat people with respect, honesty and integrity. They back up their promises, and they keep their commitments.

4. Business Ethics Require Truth-telling.

The days when a business could sell a defective product and hide behind the "buyer beware" defense are long gone. You can sell products or services that have limitations, defects or are out-dated, but not as first-class, new merchandise. Truth in advertising is not only the law, business ethics require it.

5. Business Ethics Require Dependability.

If your company is new, unstable, about to be sold, or going out of business, ethics requires that you let clients and customers know this. Ethical businesses can be relied upon to be available to solve problems, answer questions and provide support.

6. Business Ethics Require a Business Plan.

A company's ethics are built on its image of itself and its vision of the future and its role in the community. Business ethics do not happen in a vacuum. The clearer the company's plan for growth, stability, profits and service, the stronger its commitment to ethical business practices.

7. Business Ethics Apply Internally and Externally.

Ethical businesses treat both customers and employees with respect and fairness. Ethics is about respect in the conference room, negotiating in good faith, keeping promises and meeting obligations to staff, employers, vendors and customers. The scope is universal.

8. Business Ethics Require a Profit.

Ethical businesses are well-run, well-managed, have effective internal controls, and clear expectations of growth. Ethics is about how we live in the present to prepare for the future, and a business without profits (or a plan to create them) is not meeting its ethical obligations to prepare for the future well-being of the company, its employees and customers.

9. Business Ethics are Value-Based.

The law, and professional organizations, must produce written standards that are inflexible and universal. While they may talk about "ethics", these documents are usually prescriptive and refer to minimal standards. Ethics are about values, ideals and aspirations. Ethical businesses may not always live up to their ideals, but they are clear about their intent.

10. Business Ethics Come from the Boss.

Leadership sets the tone, in every area of a business. Ethics are either central to the way a company functions, or they are not. The executives and managers either lead the way, or they communicate that cutting corners, deception and dis-respect are acceptable. Line staff will always rise, or sink, to the level of performance they see modeled above them. Business ethics starts at the top.

Ethics is about the quality of our lives, the quality of our service, and ultimately, about the bottom line. An unhappy customer complains to an average of?sixteen people. Treating employees, customers, vendors and the public in an ethical, fair and open way is not only the right thing, in the long run, it's the only way to stay in business.

By Philip E. Humbert

Photography by BelleMedia?

? Copyright 2003 by Philip E. Humbert. All Rights Reserved. "Written by Dr. Philip E. Humbert, writer, speaker and success coach. Dr. Humbert has over 300 free articles, tools and resources for your success, including a great newsletter! It's all on his website at: http://www.philiphumbert.com

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