Google, Oracle, OSS, and the death of Intellectual Property

Software is forevermore … a wasted investment

Kelly Curtis
Apr 6 · 4 min read

opinion

2010 -

Oracle acquires Sun Microsystems and sues Google over the inappropriate use of 11,000 lines of code.

April, 2021 -

United States Supreme Court rules that Google was in the right to use Oracle’s Java code in their Android Operating System.

While some see it as a win for Software Professionals worldwide, it is a devastating blow to those who invest in, create, and refine Intellectual Property of any sort. The world is now in for a ride as people and organizations will wake up to the FACT that they have no rights, no protection, no claims, and no jurisdiction over Intellectual Property in the Software industry. This decision is a billion-dollar blow to Oracle, a company that has already sunk billions into Open Source Software innovation, research, and development. Larry Elison may have his quirks; Oracle may be an expensive product; the fact is, he and his company have done more than most in supporting, investing, and developing Java and the Open Source Software market.

The founding concepts of Open Source Software come from the academic community. The idea of freely published research for the betterment of humanity. It is an Ideology and Philosophy regarding the development of Software. It was NOT a business model, but it has become an extremely lucrative one; albeit, only for a select few. It has become a poison, pervading every single piece of Software being worked on today. It is IMPOSSIBLE not to have the Open Source licenses* embed themselves into any codebase. Companies have NO CHOICE but conform to a handful of pseudo-intellectuals’ ideals, beliefs, and rationales. A true Vendor Lock-in that will bleed your company dry and then steal your Intellectual Property from you.

* GNU, Common Creatives, Apache, MIT, etc.

The biggest problem with the Open Source Software community lies in the support of long-term development. When there are NO PAYING END USERS for the goods and services they consume, the EFFORT burden falls to goodwill. Smaller companies and individuals cannot survive long enough to refine products. They are EXPECTED to give EFFORT for FREE. Companies like Oracle, Microsoft, and Google will pay a decent living wage to develop Open Source Software, giving the illusion that they invest in the community. On the backend, however, they are raping you financially, intellectually, and emotionally brainwashing you to believe they have YOUR BEST INTEREST at heart. The supremes court’s decision to side with Google is an embarrassment to humankind. No longer will any Intellectual Property Creator in the field of Software have any case to support their claims and ownership over any piece of Software code moving forward. SHAME on the US Supreme Court Justices for ruling against Oracle.

In Google’s case against Oracle, the argument is that the code in question could NOT have been written in any other way. Well, this is the VERY definition of Intellectual Property, and why it SHOULD be Oracles claim for at least 20–50 years, as they OWN IT. Java itself is barely 26 years of age, and the code in question was less than 20 years since the inception of Java itself. It is a radically new technology that has reshaped Human Behavior and Development, and Oracle just got ramrodded by their peers. Even under the Open Source licenses, companies like Oracle should have a claim to some part of the Value Chain, as NO END USERS PAY for goods and services consumed.

No industry in the world can survive on a model where there are no resources to support its own products’ research and development. Yet, these OSS advocates refuse to pay for ANY and ALL intellectual property they consume and abuse in the software world. Companies like Oracle are the same companies that enable and have allowed Open Source Software to survive and exist today. It is an ungovernable system that eats on itself and is unsustainable in the long term.

By ruling against Oracle, companies, investors, and industry leaders alike should pull back and invest in other ways. There is no hope for Software; it will always be a Monopoly of IP theft from a small handful of people. These same people create technical debt exponentially by developing new programming languages and tools and demanding that companies REINVENT their product pipelines repeatedly. A cycle of waste and rework that is so damning to industries that there are 10s of 1000s of jobs for Software Professionals (100K+/yr) who are doing nothing more than managing Open Source tools and demanding that you change it every three to six months.

It is high time we turn our back on the Open Source Software practitioners and shun their ideals. They welcome you with warm hugs, open arms, and a sweet dream of utopia. You partake of their tea, for it smells of the purest flowers, intoxicating. How could it be bad for the world? You commit, you suffer, you bleed your own money and EFFORTS for it. Slowly, you feel yourself cramping as the poison takes hold, and you now observe the same people stealing your wallet, jacket, and your work. The community of Open Source Software professionals is a CULT like no other, with their fingers in EVERY SINGLE financial pipeline in the world. They are undeserving, ungrateful, ignorant children that benefitted from others’ ignorance and willingness — a SCAM of the purest form.

The world is forever changed, and not all change is good.

Kelly M. Curtis

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