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It is easy to do don’t worry. There is no reason not to enjoy the game once you play it.The Supreme Court is expected to decide this summer whether to review a lower-court ruling that prevents Microsoft and other firms from using the popular Javascript programming language in their browsers. The court’s decision is not expected to have a major impact on the actual litigation, but could have a major impact on how software patents are viewed in the future.
Caveat: This is a very, very broad summary of an amicus brief filed by Google. I can’t vouch for its accuracy, or its truthfulness.
Software patents are increasingly coming under fire by the U.S. Supreme Court, particularly those associated with Javascript. Computer company Oracle sued Google over a patent on the use of some Javascript programming language elements in ways not previously done. Oracle’s lawsuit is now before a federal appeals court in San Francisco.
The appeals court, in a 2-1 decision, ruled in April that Oracle did not have a patent over the use of keywords in Javascript. The Oracle lawyers then sought Supreme Court review, and a short time later the Supreme Court issued an order asking the lower court to explain why it had ruled in Oracle’s favor. The Supreme Court questioned whether the lower court had applied the right legal standard in ruling that the Oracle patent was valid, and it appeared to cast some doubt on the validity of such patents in general.
„It is not at all obvious to us that the patent is valid. Yet that is an issue the parties and the lower court may, and indeed should, address on remand,“ wrote Justice Stephen Breyer.
A computer nerd’s perspective
I read the Oracle brief and Google’s response to it, and think I understand why the Supreme Court is interested in the issue, and why Oracle was successful in getting it before the high court.
Javascript, and thus Web development, is an area in which no one is very knowledgeable, and a „master“ is not easy to find. The language is relatively easy to use for someone without coding skills, but many feel that it is not easy to understand how to use it well for someone with those skills.
The Oracle lawyers created a complicated patent in a situation where they clearly knew they had a weak case. It is a situation that reinforces the view of many patent attorneys that Javascript patents are not
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