DELL owns the actual, physical box they make, but DELL can't take action against you or against me for making our own, EXACT REPLICA (minus the trademark) of their PC and selling it, perhaps at a fraction of their price. Neither you, nor I could do the same with an Ultra without facing legal action from Sun. Get it????
DELL owns many patents on the boxes they make. Just try making an exact duplicate minus the trademark and see what happens.
From Company Sleuth:
Listing all new patents granted in the last 1 month
PATENT No. DESCRIPTION 5,978,860 System and method for disabling and re-enabling at least one peripheral device in a computer system by masking a device-configuration-space-access-signal with a disable or re-enable signal 5,978,856 System and method for reducing latency in layered device driver architectures 5,978,210 Two-piece flex circuit bobbin for portable computers 5,975,735 Method and apparatus for mounting a peripheral device 5,974,573 Method for collecting ECC event-related information during SMM operations 5,974,544 Method and controller for defect tracking in a redundant array 5,974,497 Computer with cache-line buffers for storing prefetched data for a misaligned memory access 5,973,485 Method and apparatus for a multiple stage sequential synchronous regulator 5,973,225 Isolation and characterization of a gene encoding a low molecular weight glutenin 5,969,939 Computer with docking station for docking and cooling the computer 5,965,842 Low impedance connection for an EMI containment shield including metal plating bonded to the shielded equipment through openings in a conductive ribbon
I'm not saying that MSFT doesn't own their O/S. I'm saying that any O/S written for the PC should be in the public domain, including MSFT's. Yes, that means that they would have to divest themselves of the O/S products that they have developed over the years.
That means that api's, libs, utils, language processors, testing tools, O/S, device drivers etal. that run on Personal Computers would belong to the public.
MSFT would still be free to develop ANY proprietary application it wanted that would run on this O/S. They could continue to sell it to anyone they wanted and price it any way they wanted.
You see, this just doesn't follow. Why should the OS be in the public domain just because there's an open specification for the hardware? And why do you find a difference between the OS and application programs? Many things that used to be apps or utilities are now distributed as part of the OS, such as defragmenters and Internet Browsers. And why do you consider things like utilities, compilers, testing tools, etc to part of the OS and not applications?
BTW, since Java is just a Language Processor and it does indeed run on a PC then it should be in the public domain by your argument, and not owned, controlled, or licensed by Sun in any way. |