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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 #362 Period ending 15 June 2010

OSWALD #362 Period ending 15 June 2010

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

SCO is playing Bill Murray's part in Groundhog Day, with yet another loss in court. Perhaps they might take the hint from Bill Murray's character that they won't progress until they change their ways? An EU Commissioner is suggesting that the EU should be doing more to enforce interoperability between technology platforms and a lot of Android relates stories in the Apps section.

In other news CC-AU has released version 3 of their licences.


>From my blog:
http://brendanscott.wordpress.com/2010/06/08/creative-commons-australia-v3-0-licences-go-live/
http://brendanscott.wordpress.com/2010/06/01/iinet-and-the-sinking-of-the-nbn/
http://brendanscott.wordpress.com/2010/05/19/words-in-copyright-act-vs-time/
http://brendanscott.wordpress.com/2010/03/12/patent-war-of-all-against-all/

Verbatim distribution with attribution ok.

Other distribution - email me.

Regards

Brendan

Brendan Scott

Open Source Law

***** Off Topic


Google helps build trade case over Web censorship
http://www.itnews.com.au/News/215181,google-helps-build-trade-case-over-web-censorship.aspx

Boorstin said Google wants to demonstrate that censorship results in fewer search pages, and that limits the capacity of the company to enjoy fair trade and the ability to operate on a level playing field with competitors such as China's Baidu. [included because of the novelty of the argument]

***** Government/Policy


Open source could be Brazil's real advantage
http://www.computerweekly.com/blogs/management-matters/2010/06/open-source-could-be-brazils-real-advantage.html

Grynzpan reckons that Brazil has to find a unique selling proposition and its vast pool of knowledge in open source software could be the real advantage of the local IT industry and could lead to the country becoming a global leader in that segment.


Tech companies will be strong-armed into openness, Commissioner vows
http://www.computing.co.uk/computing/news/2264559/european-standards-setting
http://europa.eu/rapid/pressReleasesAction.do?reference=SPEECH/10/300&format=HTML&aged=0&language=EN&guiLanguage=en
http://www.toptechnews.com/news/EU-Decries-Proprietary-Software/story.xhtml?story_id=023001CPSIPP

Wholesale reform of the way Europe approaches IT standards is on the cards, including regulating dominant companies to make their products more interoperable, legislation to force declaration of embedded intellectual property in technologies proposed as standards, overhaul of European standard-setting bodies, and an renewed commitment to steering public bodies towards choosing open products over de facto standards.


Human Rights Eroding in the Name of Copyright Protection
http://blog.ofset.org/ckhung/index.php?post/106a

Human rights are gradually eroding at several fronts as international interest groups lobby and pressure governments all over the globe to "protect copyright" using big-brother-like information and communication technologies (ICT).


Washington's I.T. Guy
http://prospect.org/cs/articles?article=washingtons_it_guy

Malamud has taken it upon himself to see that all public information -- from court decisions to financial disclosures to Army training tapes -- is actually, well, public.

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


Copyright: The Elephant in the Middle of the Glee Club
http://balkin.blogspot.com/2010/06/copyright-elephant-in-middle-of-glee.html

by claiming the law strikes "the right balance," what they're really saying is that the Glee kids deserve to be on the losing side of a lawsuit. Does that sound like the right balance to you?

***** Applications/Gadgets


Edge the first foldable dual screen ebook reader/netbook
http://www.handlewithlinux.com/linux-dual-screen-e-reader-tablet-eDge

This Android device has a 9.7" E-paper Display and a 10.1" LCD Touchscreen Display


Intelligent Linux based scriptable network camera
http://www.handlewithlinux.com/scriptable-network-camera-linux

This network camera runs uClinux the smallest Linux distribution in the world. The network cameras build by Axis are intelligent and even have a shell scripting environment on board.


Motorola Prepping a 2GHz Android Phone for Year-End
http://www.enterprisemobiletoday.com/features/article.php/3887366/Motorola-Prepping-a-2GHz-Android-Phone-for-Year-End.ht

Motorola co-CEO Sanjay Jha gave a speech at Chicago's Executive Club on Wednesday in which he revealed the company plans to release an Android-based smartphone running at an unheard of 2GHz, twice the speed of the current top of the line Android phones.


NPR, Android and You: Join NPR's Open Source Community
http://www.npr.org/blogs/inside/2010/06/02/127366098/npr-android-and-you

We didn't know how fast the Android platform would grow or what kind of an impact it would make. The last six months show us Android's incredible trajectory and that our audience gravitates toward that momentum. Since the app's release in December, we've seen astounding growth, and now over 100,000 people use this new platform each month.


BeagleBoard Gives New Power to Open Source Gadgets
http://www.wired.com/gadgetlab/2010/06/beagleboard/

“It’s a fully loaded, open platform that allows users to run multiple applications and embed them in devices,” says Jason Kridner, ARM software architecture manager and BeagleBoard community manager. “We wanted to offer something that’s cheap, ups the performance level and has sufficient memory.”


Canonical: Ubuntu tablets due early 2011
http://www.channelregister.co.uk/2010/06/13/ubuntu_for_tablets/

Ubuntu-based tablets could hit the market as early as the first quarter of 2011, says a Canonical exec.


Q7 Linux MID nice but missing most important feature
http://www.handlewithlinux.com/ubuntu-android-mid

This is the Q7, a very nice mobile Internet device available running ubuntu or android. It has 1080p HD video playback and that could make it a top gadget.


Linux PC Robot < 500$ DIY Linux robot
http://www.handlewithlinux.com/diy-linux-robot

The objective of LinuxPCRobot is to build a fully functional robotic development platform for $500 or less using linux, commonly available components, a little skill, and some good old fashioned scrounging.


Ingres VectorWise goes GA, open source by end of year
http://www.h-online.com/open/news/item/Ingres-VectorWise-goes-GA-open-source-by-end-of-year-1018339.html

Ingres have made Ingres VectorWise generally available to download for free evaluation or commercially licence and say that an open source release for the accelerated database technology should be expected by the end of the year.


Open source webAndroidiPhoneiPad kit betas for BlackBerry
http://www.theregister.co.uk/2010/06/14/appcelerator_betas_titanium_for_blackberries/

As developers await word from Steve Jobs that applications coded with Appcelerator's Titanium kit are still welcome in the iPhone App Store, the company is testing a new version of the kit for RIM BlackBerries.

***** Reports


Apple lifted 'make web go away' button from open source
http://www.theregister.co.uk/2010/06/08/safari_reader_based_on_open_source_project/

In the wake of the browser's release, Arc90 praised Apple for including a tool that mimics its own -- a tool that strips a webpage of its ads and site branding, reducing to text and core images -- and only later did the outfit realize that Steve Jobs and cult had actually dipped into its code.


CTERA Adds Data Protection to Linux File Systems
http://www.enterprisestorageforum.com/continuity/article.php/3886651

CTERA's Next3 open source file system builds on the Ext3 file system to provide thin volume snapshots and point-in-time recovery, change auditing and retention of previous file versions, features the company says are lacking in Linux Volume Manager (LVM) snapshotting capabilities.


Linux-powered iPad-like tablets can't come quickly enough
http://blogs.computerworld.com/16301/linux_powered_ipad_like_tablets_cant_come_quickly_enough

Linux, largely thanks to Google Android, has already made progress that way in smartphones. Indeed, even hardcore iPhone users are now thinking about switching to Android phones. There's also a wave of Linux-powered tablets and would-be iPad rivals on their way. But they're not here yet.


Why No Billion-Dollar Open Source Companies?
http://www.computerworlduk.com/toolbox/open-source/blogs/index.cfm?entryid=3010&blogid=14

What they fail to grasp is that the 90% savings do not just vanish like the smoke from those supposed conflagrations. That money is still in the economy, it's just spent on other items: free software allows people to use their hard-won money for things other than operating systems, office suites and applications. In developing countries, for example, it might mean more funds available for education or health.


Open source hardware worth $1billion by 2015
http://www.linuxuser.co.uk/news/open-source-hardware-worth-1billion-by-2015/

The market for open source hardware is hotting up, with the top 13 companies in the space turning over nearly $50million last year - according to Phil Torrone, designer at Adafruit industries. Speaking with Adafruit's founder Limor Fried at the O'Reilly Foo Camp East in the beginning of May, Torrone also claimed that there are now nearly 300 significant open source hardware projects in development and predicted that the market will grow to over $1billion by 2015.


Some day, all companies will work with open source
http://www.computerweekly.com/blogs/open-source-insider/2010/06/some-day-all-companies-will-work-with-open-source.html

The point here is that technology vendors are waking up to the reality of open source and the so-called community contribution model of code development and enhancement. Even if the company in question is a proprietary "closed" shop in general. There are, it seems, always going to be some extensions to the technology core that can be opened up for public consumption.


VMware inks OEM deal with Novell for SUSE Linux
http://www.theregister.co.uk/2010/06/11/vmware_oem_novell_suse/

You can optionally choose to have VMware give you the full-tilt-boogie support like Novell itself sells (and with Novell providing the level three emergency support to backup the VMware team) for an additional fee.


Top 10 Linux Powered Robots From Around The World
http://www.techdrivein.com/2010/06/top-10-linux-powered-robots-from-around.html

Here is a nicely compiled list of Robots powered by Linux from around the world.


Scribd: Publishers Are Wasting Time, Money, Effort In Creating iPad Apps
http://paidcontent.org/article/419-scribd-publishers-are-wasting-time-money-effort-in-creating-ipad-apps/

With publishers' budgets and resources fairly limited, online document marketplace Scribd hopes that instead of devoting the time and fees to working with major content design firms, magazines will simply let it create an HTML5 app for them in a matter of minutes. The only price: Scribd wants a share of the ad revenues.


Linux wins the SCO vs Novell case
http://www.theregister.co.uk/2010/06/11/sco_novell/
http://www.consortiuminfo.org/standardsblog/article.php?story=20100611060204328
http://www.crn.com/software/225600453;jsessionid=RRYZGAQWYJYVTQE1GHRSKHWATMY32JVN
http://digitaldaily.allthingsd.com/20100611/sco-biggest-loser/
http://www.novell.com/prblogs/?p=2648
http://blogs.computerworld.com/16315/sco_novell_game_set_and_match
http://www.cio.com/article/596595/Novell_Wins_Final_Judgment_in_SCO_Battle
http://www.itbusinessedge.com/cm/blogs/bentley/is-sco-finally-out-of-options-against-novell/?cs=41712
http://www.eweek.com/c/a/Linux-and-Open-Source/Judge-Confirms-That-Novell-Owns-Unix-Rights-in-SCO-Case-884404/
http://www.networkworld.com/columnists/2010/061510bradner.html
http://copyfight.corante.com/archives/2010/06/15/the_fat_lady_has_sung_taken_her_bows_and_now_exits.php

Of course this case has closed before, but this really does seem like the end of the line.


Microsoft helping Ulteo deliver enterprise class Windows + Linux based Ulteo virtual desktop
http://www.ulteo.com/home/en/news/2010/06/08?autolang=en

Microsoft is helping Ulteo to deliver an enterprise class tightly integrated Windows + Linux based Ulteo virtual desktop and applications delivery solution


Phipps leads change at Open Source Initiative
http://www.h-online.com/open/news/item/Phipps-leads-change-at-Open-Source-Initiative-1021299.html

Simon Phipps, recently elected member of the board of the Open Source Initiative, has announced he has been asked by the board to create a group to develop a new member-led governance charter for the organisation.


Mueller calls OIN a scam
http://www.zdnet.com/blog/open-source/mueller-calls-oin-a-scam/6613

I really suspect it's a nuisance fee, a symbol that lets Microsoft into the open source tent as a corporate member despite its spending years fighting open source with every weapon at its disposal.


Your Chance To Change OSI
http://www.computerworlduk.com/community/blogs/index.cfm?entryid=3009&blogid=41
http://www.opensource.org/governance/announce

We need to repeat the exercise of projecting software freedom onto its surface, reinventing OSI to steward the resulting activities.


Distributing Open Source? Survey Says...
http://www.networkworld.com/community/node/62494

However, companies that primarily use open source software within their corporate data centers may not be fully aware when they have crossed the line to "distribute" open source software and therefore have triggered additional license obligations.


The open-source entrepreneur
http://www.bbc.co.uk/blogs/thereporters/maggieshiels/2010/06/the_open_source_entrepreneur.html

In those early 1990s, many businesses feared that open source would not be stable and often opted for the proprietary model being sold by the likes of Microsoft. Today, the Redmond giant has seen its market share erode; Red Hat has become the world's open-source leader.


Linux versus the world: The unwinnable war?
http://www.linuxuser.co.uk/opinion/linux-versus-the-world-the-unwinnable-war/

As has been pointed out by better people than me, a sales rep in PC World will be acutely aware that if they sell a machine with Linux on it, then that's the last software sale said store is likely to make to that customer. Notwithstanding the fact that open source software is freely and widely available, there's the fact that you simply wouldn't need to go back to buy a copy of McAfee Anti-Virus or something of that ilk. You just wouldn't need to buy software solutions for problems that simply don't exist in the Linux world.


Developer Survey Reveals Greater Linux Development
http://www.itworld.com/open-source/110186/developer-survey-reveals-greater-linux-development

Clearly, the results that will be getting the most play in the tech media will be the rise of Linux as a favored platform for development. This year, 32.7 percent of respondents cited Linux as their development platform, up 5.8 percent from 2009, and 12.7 percent from the 2007 survey.

***** Snippets


One Laptop per Child Will Provide XO Laptops to Uruguay High School Students
http://www.businesswire.com/portal/site/home/permalink/?ndmViewId=news_view&newsId=20100614006856&newsLang=en

Ten years of IBM mainframe Linux
http://blogs.computerworld.com/16284/ten_years_of_ibm_mainframe_linux

Memo From Dell: Ubuntu Linux Safer Than Microsoft Windows
http://www.thevarguy.com/2010/06/10/memo-from-dell-ubuntu-linux-is-safer-than-windows/

HP buys Phoenix's HyperSpace quick-start Linux
http://www.h-online.com/open/news/item/HP-buys-Phoenix-s-HyperSpace-quick-start-Linux-1020770.html

Canonical wants to put Ubuntu Linux on tablets
http://www.theinquirer.net/inquirer/news/1653724/canonical-ubuntu-linux-tablets

The Ubuntu Advantage? Canonical Takes On Red Hat
http://www.linux-mag.com/cache/7803/1.html

Flash Co-Creator: The challenges in using proprietary standards
http://osindia.blogspot.com/2010/06/challenges-in-using-proprietary.html

PTO teams with Google on database
http://www.nextgov.com/nextgov/ng_20100602_5302.php

Cloud computing saves L.A. millions in IT costs
http://radar.oreilly.com/2010/06/randi-levin-on-cost-saving-thr.html

Malta: Open source preferred
http://www.h-online.com/open/news/item/Malta-Open-source-preferred-1017494.html

Ubuntu: meritocracy not democracy
http://www.techradar.com/news/software/operating-systems/ubuntu-meritocracy-not-democracy-695040

Why GNU/Linux is Unmatched – and Unmatchable
http://www.h-online.com/open/features/Why-GNU-Linux-is-Unmatched-and-Unmatchable-1019411.html

Cassidy: Linux could ease schools' tech crunch
http://www.mercurynews.com/news/ci_15269820?source=rss&nclick_check=1

OpenCL 1.1 backward compatible, enhanced performance
http://www.linuxpromagazine.com/Online/News/OpenCL-1.1-Fully-Backwards-Compatible

Mozilla tracking a week in the life of a Firefox browser
http://blog.internetnews.com/skerner/2010/06/mozilla-tracking-a-week-in-the.html

Ubuntu-based Windows XP looker freshens up
http://www.theregister.co.uk/2010/06/14/linux_windows_xp_clone/

Law Firms Sanctioned Over Billionaire Perelman's 'Frivolous' Estate Claim
http://www.law.com/jsp/article.jsp?id=1202462735273&Law_Firms_Sanctioned_Over_Billionaire_Perelmans_Frivolous_Estate_Claim

Penguin chief: Linux must 'out fabulous' Apple's iPhone
http://www.theregister.co.uk/2010/06/10/zemlin_apple_versus_the_world/
---
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