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The Open Source Law Weekly Digest or OSWALD first launched late in 2002. Since then it has been regularly providing updates on all things open source related. The focus of this newsletter is on business, rather than technical developments in open source. Another strong component of the newsletter is IP news, as it is of interest to me and has an effect on open source.

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OSWALD #350 Period ending 17 March 2010

OSWALD #350 Period ending 17 March 2010

Welcome to the Open Source Law Weekly Open Source Digest (OSWALD)

There are some noises about ACTA being subject to more scruntiny following a decision of the EU Parliament (who seem to be remarkably sensible on a range of issues at the moment). A story of interest asks Toyota to release the code for their cars, which seems like a sensible request. In addition, there are further stories on the Novell bid and the Apple suit.


>From my blog:
http://brendanscott.wordpress.com/2010/03/12/patent-war-of-all-against-all/
http://brendanscott.wordpress.com/2010/02/17/hollywood-double-standards-ethics-of-copyright/
http://brendanscott.wordpress.com/2009/12/02/no-cost-too-great-for-copyright/
http://brendanscott.wordpress.com/2009/11/11/copyright-and-confirmation-bias/

Verbatim distribution with attribution ok.

Other distribution - email me.

Regards

Brendan

Brendan Scott

Open Source Law

***** Government/Policy


Jaron Lanier: open textbooks "appalling and preposterous"
http://opensource.com/education/10/3/jaron-lanier-open-textbooks-appalling-and-preposterous

Seems like Lanier is becoming a go-to guy when one is in need of a sound bite denouncing "free culture" in all of its radical and dangerous forms.


OSFA Refutes IIPA's Attack on Open Source Software
http://opensourceforamerica.org/opensource-attack

Open Source for America (OSFA) believes the IIPA's request to be both irresponsible and misleading in its characterization of OSS. OSFA strongly urges the USTR, and all government agencies, to firmly reject such unfounded pressure to blacklist or penalize any country for policies allowing or encouraging the use of OSS.


10 ways you might be breaking the law with your computer: UPDATED
http://blogs.techrepublic.com.com/10things/?p=1400&tag=leftCol;post-1400

Legislation that affects the use of Internet-connected computers is springing up everywhere at the local, state and federal levels. You might be violating one of them without even knowing.


A Modest Proposal for Toyota: Release the Code!
http://industry.bnet.com/auto/10004051/a-modest-proposal-for-toyota/

Toyota has always maintained that its unintended acceleration problems are mechanical in nature. If it wasn't a bunched-up floor mat it's a sticky gas pedal. Customers and regulators have their own theories however. They suspect the electronic throttle control, or ECT.

***** Patent/CR/DRM News+Policy


Epic win for transparency on ACTA
http://christianengstrom.wordpress.com/2010/03/10/epic-win-for-transparency-on-acta/
http://news.cnet.com/8301-13578_3-10467337-38.html

The European Parliament today voted on a resolution that demands transparency in the ACTA negotiations, and that the Commission puts all papers on the table.


More on Apple Suit
http://www.enterprisemobiletoday.com/news/article.php/3869571/Apple-Ready-to-Rumble-with-Smartphone-Makers.htm
http://lwn.net/Articles/376793/
http://thepriorart.typepad.com/the_prior_art/2010/03/apple-v-htc-and-google.html

[Patents cause] Rapid Rise in Seed Prices Draws U.S. Scrutiny
http://www.nytimes.com/2010/03/12/business/12seed.html?hp

During the depths of the economic crisis last year, the prices for many goods held steady or even dropped. But on American farms, the picture was far different, as farmers watched the price they paid for seeds skyrocket. Corn seed prices rose 32 percent; soybean seeds were up 24 percent.


Court Reaffirms I4i's Patent Win Against Microsoft
http://www.pcworld.com/article/191248/court_reaffirms_i4is_patent_win_against_microsoft.html

The panel will now circulate the document to the rest of the judges on the appeals court, who will decide whether to take up Microsoft's request for an en banc review. If they do, that would mean that all 12 appeals court judges will reconsider the case.


World Patent Report: A Statistical Review (2008)
http://www.wipo.int/ipstats/en/statistics/patents/wipo_pub_931.html#a

The United States Patent and Trademark Office was the largest recipient of patent filings, for the first time since 1963, with a total of 425,966 patent applications filed in 2006.

***** Applications/Gadgets


6 of the Best Free Linux Electronic Medical Records Software
http://www.linuxlinks.com/article/20100306075023663/ElectronicMedicalRecords.html

Open source EMR software has an important role to play. In a resource poor country, commercial healthcare computer software may simply not be affordable. Alternatively, developed countries can make significant savings in IT costs by using an open source EMR system without compromising on patient care.


Freescale’s Sub-$200 Tablets to Be Compatible with Linux, Chromium OS, Android
http://www.ehomeupgrade.com/2010/03/09/freescales-sub-200-tablets-to-be-compatible-with-linux-chromium-os-android/

It's unclear exactly who will be selling the tablets, but my guess is that they will be branded and sold by partners running Freescale's in-house developed OS.


HP Elite 7000 Microtower review
http://www.linuxuser.co.uk/reviews/hpelite-7000-microtower-review/

The saving grace: the system can come equipped with Novel SUSE Linux Enterprise Desktop 11 and is extremely easy to upgrade.


Here comes Linux's iPad clones
http://blogs.computerworld.com/15742/here_comes_linuxs_ipad_clones

But -- and this is the important bit -- you don't have to buy an Apple iPad to get all of the iPad's goodies. ARM, a mobile microprocessor power, is predicting that we'll see no less than 50 ARM processor-powered iPad clones by year's end -- and these ARM-powered entertainment tablets will all be running Linux.


Linux coolness: Linux Cooler, Linux serves you beer
http://www.handlewithlinux.com/cool-linux-beer-tap

Kegbot is an Linux based beer tap control and analysis system. The Kegbot Project provides free code and instructions to set up and monitor your kegs.


Turn Firefox into an Ebook Reader with EPUBReader
http://www.linux-magazine.com/Online/Blogs/Productivity-Sauce-Dmitri-s-open-source-blend-of-productive-computing/Extension-Watch-Turn-Firefox-into-an-Ebook-Reader-with-EPUBReader

***** Reports


Embrace Your Inner Geek At The New Linux Store
http://techcrunch.com/2010/03/09/embrace-your-inner-geek-at-the-new-linux-store/
http://blogs.computerworld.com/15728/the_linux_foundation_store_linux_gets_silly

The Linux Foundation, the non-profit that supports the growth of the Linux kernel, has launched a merchandise store where people can purchase a newly launched line of original T-shirts, hats, mugs and other items that reflect "geek culture. "


Updating the MPL
http://mpl.mozilla.org/

We've been using version 1. 1 of the Mozilla Public License for about a decade now. Its spirit has served us well, helping to communicate some of the values that underpin our large and growing community. However, some of its wording may be showing its age.


The 10 Most Downloaded Open Source Apps Of All Time!
http://geektrio.net/?p=1847

Everyone loves open source software. After all. . . its free! Many times I've heard the question, "what is the most popular open source application of all time?" So, I decided to find out.


CodePlex refresh, FOSS projects more compatible with Windows
http://arstechnica.com/open-source/news/2010/03/codeplex-foundation-announces-new-board-members.ars

The foundation seems like a vehicle that Microsoft has established for precisely that purpose, but the company's past criticism of open source development and ongoing confrontational posture towards the Linux community have created a lot of skepticism.


IBM hopes to make mobile devices more accessible
http://news.cnet.com/8301-11386_3-10466781-76.html

IBM is embarking on a research project to design mobile gadgets that are easier to use for people who have disabilities or aren't fully literate.


More on Novell Bid
http://www.serverwatch.com/trends/article.php/3869511/For-Sale-Linux-OS-and-Other-Assorted-Assets.htm
http://www.bloomberg.com/apps/news?pid=20601087&sid=ax6BgdvyHx8c&pos=6
http://blogs.barrons.com/techtraderdaily/2010/03/09/novell-macquarie-sees-potential-sale-to-strategic-acquirer/
http://www.thevarguy.com/2010/03/12/elliott-associates-novell-wont-go-to-pieces/

Simon Phipps elected as OSI director
http://www.h-online.com/open/news/item/Simon-Phipps-elected-as-OSI-director-952396.html
http://www.itworld.com/open-source/100432/osi-board-addition-may-bring-needed-change

The Open Source Initiative (OSI) has elected Simon Phipps to the board of directors; Phipps recently left Oracle after serving as Sun's Chief Open Source Officer.


GP-GPUs: OpenCL Is Ready For The Heavy Lifting
http://www.linux-mag.com/id/7725/

Thus in June 2008, The Khronos Group and a rather impressive group of companies launched the OpenCL Working Group in an effort to create a standard for GPU/CPU programming (The Khronos Group is a member-funded consortium focused on the creation of royalty-free open standards.


Design firm accuses Mozilla of UI plagiarism
http://www.computerworld.com/s/article/9169478/Design_firm_accuses_Mozilla_of_UI_plagiarism

A Canadian interface design firm accused Mozilla of stealing user interface (UI) elements for a development tool in the browser maker's Jetpack project, which aims to simplify add-on making.


Digg Moves From MySQL to NoSQL
http://itmanagement.earthweb.com/datbus/article.php/3870116/Digg-Moves-From-MySQL-to-NoSQL.htm

Quinn said that Cassandra wasn't the only NoSQL database that Digg considered. Other popular NoSQL databases include CouchDB and MongoDB.


Blake Stowell Email to Maureen O'Gara: "I Need You to Send a Jab PJ's Way"
http://www.groklaw.net/article.php?story=20100312150121798

Blake Stowell, then the PR guy for SCO, sent an email to Maureen O'Gara, saying "I need you to send a jab PJ's way," and then right afterwards she wrote that invasive so-called expose, in which she revealed, or at least intended to reveal, things like who I called on my phone.


Proof Of Concept: Open-Source Multi-GPU Rendering!
http://www.phoronix.com/scan.php?page=news_item&px=ODA1OQ

It would be wonderful if this work on Prime could be continued and it works its way upstream or that someone takes the reigns from David to continue on with this GPU offloading work for open-source drivers.


Shuttleworth heir opens up on Ubuntu biz
http://www.channelregister.co.uk/2010/03/14/canonical_ceo_silber/

In an interview with El Reg, Silber said that the current workforce at Canonical was about 320 people and added that the company was growing rapidly and would continue to do so. She said that Canonical added about 100 employees in both 2008 and 2009.

***** Snippets


Is Microsoft Afraid to Say the “L”-word?
http://www.computerworlduk.com/community/blogs/index.cfm?blogid=14&entryid=2845

Unified network administration using eBox
http://www.linuxuser.co.uk/tutorials/unified-network-administration-using-ebox/

The Linux community is fragmented, or is it?
http://it.toolbox.com/blogs/locutus/the-linux-community-is-fragmented-or-is-it-37387

System 76 Lemur Review
http://www.jonobacon.org/2010/03/10/system-76-lemur-review/

GNU/Linux: Rebuttal: Linux on the desktop: Still not happening
http://blog.eracc.com/2010/03/09/gnulinux-rebuttal-linux-on-the-desktop-still-not-happening/

Open Source NoSQL Databases Ramp Up
http://www.databasejournal.com/features/mssql/article.php/3869876/Open-Source-NoSQL-Databases-Ramp-Up.htm

Commercial Gaming, Coming Soon to Linux?
http://www.linux-mag.com/cache/7726/1.html

The Ubuntu One music store and free software for profit
http://lwn.net/Articles/376635/

Motorola to put Bing on Android phones in China
http://www.goodgearguide.com.au/article/339264/motorola_put_bing_search_android_phones/

W3C pulls former Novell CTO for CEO spot
http://www.businessweek.com/idg/2010-03-08/w3c-pulls-former-novell-cto-for-ceo-spot.html

AMD to Introduce Netbook Chip in 2011
http://www.hardwarecentral.com/hardwarecentral/news/article.php/3869796

'Rising Tide' for x86 Servers Lifting Intel, AMD
http://www.serverwatch.com/news/article.php/3870026/Rising-Tide-for-x86-Servers-Lifting-Intel-AMD.htm

One Year Later: What Do You Think of Linux.com?
http://www.linux.com/news/featured-blogs/185-jennifer-cloer/293444-one-year-later-what-do-you-think-of-linuxcom

CrossOver Linux 9: Run Windows apps without Windows
http://www.computerworld.com/s/article/9168618/CrossOver_Linux_9_Run_Windows_apps_without_Windows

Tim Bray goes to Google
http://www.tbray.org/ongoing/When/201x/2010/03/15/Joining-Google
http://www.linuxplanet.com/linuxplanet/reviews/7007/1/

Set up Xen 3.4.3 Dom0 via xenified 2.6.31.12 kernel on top of Ubuntu 9.10 Server
http://bderzhavets.wordpress.com/2010/03/08/set-up-xen-3-4-3-dom0-via-xenified-2-6-31-12-kernel-on-top-ubuntu-9-10-serve

Resuming interrupted sftp transfers in Linux
http://xpapad.wordpress.com/2010/03/11/resuming-interrupted-sftp-transfers-in-linux/

VBoxHeadless - Running Virtual Machines With VirtualBox 3.1.x On A Headless Fedora 12 Server
http://www.howtoforge.com/vboxheadless-running-virtual-machines-with-virtualbox-3.1.x-on-a-headless-fedora-12-server

IE8 vs. Firefox: Four Things Firefox Could Learn from IE
http://www.linux-mag.com/cache/7709/1.html

The Patent War of All Against All
http://brendanscott.wordpress.com/2010/03/12/patent-war-of-all-against-all/

X2go - Open source terminal server project (alternative to FreeNX)
http://www.ubuntugeek.com/x2go-open-source-terminal-server-project-alternative-to-freenx.html

Top 10 Data Storage Technologies That Could Disappear
http://www.enterprisestorageforum.com/management/features/article.php/3867506/Top-10-Data-Storage-Technologies-That-Coul

QA with Matt Asay: How Linux is Beating Apple and Much More
http://www.linux.com/news/featured-blogs/185-jennifer-cloer/293844-qa-with-matt-asay-how-linux-is-beating-apple-and-much

The Alexandria Project, Chap. 9 – You've Got Mail!
http://www.consortiuminfo.org/standardsblog/article.php?story=20100315054335838

Donate Your Old Hardware
http://www.system76.com/article_info.php?articles_id=42

Cool Linux keyboard, X86 hardware ultimate geek sound machine
http://www.handlewithlinux.com/linux-powered-synthesizer

Involving and Challenging Casual Games of all Genres - Now Compatible with Linux
http://www.kristanix.com/press/linuxgames-pr-031010.php

Mozilla Launches Firefox Mobile Add-On Challenge
http://www.linux.com/news/software/applications/293925-mozilla-launches-firefox-mobile-add-on-challenge

GNU/Linux: Don't Call Them PC Viruses
http://blog.eracc.com/2010/03/15/gnulinux-dont-call-them-pc-viruses/

Dot Com Turns 25: How Failure Turned to Success
http://blog.internetnews.com/skerner/2010/03/dot-com-turns-25-how-failure-t.html

Solid-state disks fall to below $100
http://www.linuxfordevices.com/c/a/News/Intel-X25V-and-OCZ-Onyx/

That’s not bloated, that’s clinically obese
http://kmandla.wordpress.com/2010/03/14/thats-not-bloated-thats-clinically-obese/

7 of the Best Free Linux Medical Imaging Software
http://www.linuxlinks.com/article/2010030916055813/MedicalImaging.html

A first look at Haiku (alpha)
http://distrowatch.com/weekly.php?issue=20100315#feature

Epidemic 3.1 installation guide
http://linuxbsdos.com/2010/03/12/epidemic-3-1-installation-guide/

How the Google-Microsoft conflict could hit open source
http://blogs.zdnet.com/open-source/?p=6057

Banish boring terminal windows with Bashish
http://sourceforge.net/blog/banish-boring-terminal-windows-with-bashish/

Benchmark of Python Web Servers
http://nichol.as/benchmark-of-python-web-servers

Time to Learn from China on Open Standards?
http://www.computerworlduk.com/community/blogs/index.cfm?entryid=2852&blogid=14

Questions and Answers: Loopback devices
http://distrowatch.com/weekly.php?issue=20100315#qa

Installing GOsa2 on Red Hat / CentOS (rpm/yum based)
http://www.fogonacaixadagua.com.br/2010/03/how-to-install-gosa2-on-redhat-centos-rpm-based/

Find out the clients of your MySQL server
http://linuxadminzone.com/find-out-the-clients-of-your-mysql-server/

Open source enables innovation without lawyers or fees
http://www.theaustralian.com.au/australian-it/it-business/open-source-enables-innovation-without-lawyers-or-fees/story-e6frganx-1225841108742

Federal Courts Move Toward More Public Access
http://legaltimes.typepad.com/blt/2010/03/federal-courts-move-toward-more-public-access.html

Changing Testimony
http://www.patentlyo.com/patent/2010/03/florist-inventor-stuck-with-to-admissions-made-during-deposition-and-loses-on-summary-judgment.html

SEC: Hacker Manipulated Stock Prices
http://www.wired.com/threatlevel/2010/03/manipulated-stock-prices/

Undercover Feds on Social Networking Sites Raise Questions
http://www.wired.com/threatlevel/2010/03/undercover-feds-on-facebook

SAP's Co-CEO's Talk Strategy, Oracle and On-Demand
http://itmanagement.earthweb.com/features/article.php/3870836/SAPs-Co-CEOs-Talk-Strategy-Oracle-and-On-Demand.htm

USPTO's David Kappos to Speak at New York Law School on Future of the Patent Office
http://www.nyls.edu/news_and_events/releases/david_kappos_uspto

Apple hires 'Senior Prototype Engineer' for work on wearable computing
http://blogs.computerworld.com/15750/apple_hires_senior_prototype_engineer_for_work_on_wearable_computers

Kindles Come to Classroom in Ghana
http://www.wired.com/gadgetlab/2010/03/kindles-come-to-classroom-in-ghana/

Duplicating Federal Videos for an Online Archive
http://www.nytimes.com/2010/03/15/technology/15fedflix.html?ref=technology

After Stevens
http://www.newyorker.com/reporting/2010/03/22/100322fa_fact_toobin

Ex-SCO CEO: Novell elusive about IBM link
http://www.sltrib.com/technology/ci_14680859
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