OSWALD Newsletter Archives (by issue #, click to view)
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 #365 Period ending 7 July 2010
Welcome to the Open Source Law Weekly Open Source Digest (OSWALD)
Bilski's out, but isn't particularly illuminating. The particular patent didn't survive, but the door was left open for patents on methods. There is a bit of hubbub this week about "Open Core" - specifically it's being criticised.
Finally an off topic story about a truecrypt file the FBI couldn't crack. The truecrypt people will be happy.
>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
***** Open Standards/ODF
Video Prison: Why Patents Might Threaten Free Online Video http://oti.newamerica.net/blogposts/2010/video_prison_why_patents_might_threaten_free_online_video-33950
But imagine if the person who shot this video had been unable to post it anonymously or if YouTube viewers had to pay to watch it.
***** Other
Andy Grove: How America Can Create Jobs http://www.businessweek.com/magazine/content/10_28/b4186048358596.htm?campaign_id=rss_topStories
As time passed, wages and health-care costs rose in the U. S. China opened up. American companies discovered that they could have their manufacturing and even their engineering done more cheaply overseas. When they did so, margins improved. Management was happy, and so were stockholders. Growth continued, even more profitably. But the job machine began sputtering.
Guardian Takes Next Step in Open Content Strategy With Blog Plugin http://www.nytimes.com/external/gigaom/2010/07/02/02gigaom-guardian-takes-next-step-in-open-content-strategy-50474.html
In another groundbreaking move, The Guardian newspaper in Britain has launched a plugin for the popular blog-publishing tool WordPress (see disclosure below) that allows web sites to embed the full text of Guardian news stories and other content for free.
***** Off Topic
Not even FBI was able to decryptfiles of Daniel Dantas http://g1.globo.com/English/noticia/2010/06/not-even-fbi-can-de-crypt-files-daniel-dantas.html
Opportunity Group reported that the two programs used in the equipment are available online. One is called Truecrypt and is free.
***** Government/Policy
Finland First to Make Internet a Legal Right http://www.allheadlinenews.com/articles/7019163212?Finland%20First%20To%20Make%20Internet%20Legal%20Right
Finland has officially become the first country in the world to make having access to broadband a legal right for citizens of the country.
***** Patent/CR/DRM News+Policy
Here's Bilski: It's Affirmed, But . . .No Decision on Software Patentability http://www.groklaw.net/article.php?story=20100628100422167
http://www.itworld.com/open-source/112302/supreme-court-ruling-keeps-door-open-software-patents
http://www.awakenip.com/?p=443
http://cyberlawcases.com/ 2010/06/30/sifting-through-the-clues- to-patentability-four-take-home-points-from-bilski %E2%80%99s-mixed-bag/
http://thepriorart.typepad.com/the_prior_art/2010/06/supreme-court-decides-bilski.html
http://www.groklaw.net/article.php?story=20100629014657710
http://techrights.org/2010/07/02/plugging-software-patents/
The lower court's decision is affirmed, and so no patent for Bilski. However, business methods are not found totally ineligible for patents, just this one. But the door is not swung wide open.
Bilski loses, but the patent madness continues http://blogs.computerworld.com/16419/bilski_loses_but_the_patent_madness_continues
Now patents, especially software patents, serve only as bludgeons for patent trolls -- companies that do nothing but own patents and then threaten to sue companies that actually do something with ideas -- or they're used by big companies to beat up on smaller ones.
ASCAP Declares War on Free Culture http://www.zeropaid.com/news/89494/ascap-declares-war-on-free-culture/
The free culture movement is abuzz today over news that ASCAP has requested their members to fight organizations like Creative Commons, Public Knowledge and the Electronic Frontier Foundation over what it claims as an effort to undermine copyright.
EFF Argues Against Mass Copyright Infringement Lawsuits in Wednesday Hearing http://www.linuxtoday.com/infrastructure/2010062900435NWLL
"EFF and co-amici Public Citizen and the American Civil Liberties Union (ACLU) Foundation contend that these suits improperly lump thousands of defendants together, a shortcut that deprives the defendants of fair access to individual justice. In court on Wednesday, EFF Senior Staff Attorney Corynne McSherry will argue that USCG has not offered enough evidence of a relationship between the defendants to justify suing them together."The stakes are high for anyone identified in USCG's slipshod cases. USCG's strategy appears to be to threaten a judgment of up to $150,000 per downloaded movie"
Encyclopaedia Britannica tries to play patent troll, gets butted off the bridge http://techdirt.com/articles/20100625/2351149966.shtml
Last week it lost that appeal. The actual ruling focuses on a technicality in terms of how Britannica filed for those continuation patents.
Fox News under fire for use of unauthorized footage http://thresq.hollywoodreporter.com/2010/06/fox-news-exclusive-footage-copyright-breach-contract.html#more
The cable news network is battling Kenneth Stadt, who owns the rights to the Madoff video. In early 2009, Stadt gave Fox News an exclusive license to his footage for 45 days in return for $10,000. The network later re-upped for another 45 days in return for $50,000 more. According to the complaint, the term then expired, but Fox allegedly kept using the footage anyway.
Viacom v. YouTube: A disappointing decision, but how important? http://copyrightsandcampaigns.blogspot.com/2010/06/viacom-v-youtube-disappointing-decision.html
While I certainly don't equate quality with quantity, this opinion was just too damn short to do justice to the complex, heavily-litigated issues in the case.
***** Implementations
London Stock Exchange delays Linux move by two months http://www.computerworlduk.com/toolbox/open-source/open-source-business/news/index.cfm?RSS&NewsId=20952
The London Stock Exchange has delayed a move to the Linux-based Millenium Exchange trading platform by two months, in order to give clients and IT suppliers more time for development and testing.
***** Applications/Gadgets
HP Linux Netbook http://www.handlewithlinux.com/hp-linux-netbook
The Mini 100e will be available with SUSE Linux Enterprise 11, which is great as all schools should be using open source to teach our children.
KidZui Internet For Kids Firefox Extension Works Like a Charm in Linux http://www.techdrivein.com/2010/06/kidzui-internet-for-kids-firefox.html
KidZui turns Firefox into fun, kid-safe browser and online playground for kids in the age group 3-12, with over a million kids games, YouTube videos, and websites.
Toshiba A100 smartbook: with Android but why? http://soltesza.wordpress.com/2010/06/27/toshiba-a100-smartbook-with-android-but-why/
The AC100 smartbook, recently announced by Toshiba, has some intriguing features, worth to blog about. First of all, it is built around Nvidia's Tegra2 system-on-chip (SOC).
Linux is coming to an Auto Dealership near you http://linusearch.com/wordpress/?p=997
MontaVista Linux and Robert Bosch Car Multimedia have signed an agreement that will enable Bosch Multimedia to use MontaVista software as their Linux based solution to the high cost of running proprietary software on their infotainment systems.
Cisco Finds Its Tablet http://bits.blogs.nytimes.com/2010/06/29/cisco-finds-its-tablet/
The Cius has a 7-inch screen and runs Google's Android software. Cisco is talking about the product now in the hope that developers will begin creating some business software for the product, Mr. O'Sullivan said.
5 Little Linux Computers http://www.linuxplanet.com/linuxplanet/reviews/7109/1/
Bubba Two WiFi review http://www.linuxuser.co.uk/reviews/bubba-two-wifi-review/
Bubba Two is not a new product, but the latest revision of this nifty little Linux-based home server sports two significant upgrades that warrant a closer look.
***** Reports
Ideas Are a Commodity, It's Execution Intelligence That Matters http://www.inc.com/rob-adams/2010/06/ideas-commodity-but-execution-intelligence-matters.html
One characteristic I run into when sorting this out with companies is an obsession around the uniqueness of the idea. Somehow there's an urban legend that has denigrated to an obsession that the idea is king; it is what will make or break the new offering. The idea somehow must be unique and stand-alone in its market. The simple act of describing it needs to cause people to take out their wallets and give you money -or- cause your competitors to copy it. Prepare to be disabused of that notion. Your idea doesn't matter.
Nokia to use Linux for flagship N-series phones http://uk.reuters.com/article/idUKTRE65N2VF20100624
Nokia Oyj will use Linux MeeGo software in its flagship N-series smartphones, hoping the new platform will give it a better chance to battle rivals such as Apple Inc and Google Inc.
Let's Get Small: Linux Enables Low-Power, Space-Saving Systems http://www.linux.com/news/enterprise/cloud-computing/323061-lets-get-small-linux-enables-low-power-space-saving-systems
The SeaMicro SM10000 and the Quanta S2Q take different approaches, but the theory is the same: Cram a lot of low-powered cores into a system to handle workloads with massive amounts of small transactions.
What Did Microsoft Know About SCO's Plans and When Did It Know It? http://www.groklaw.net/article.php?story=20100627122353935
But now, thanks to a volunteer working on doing the exhibits in the Comes v. Microsoft antitrust litigation as text, we find an email thread in Exhibit 8953 [PDF] where Microsoft employees, including the managing director of Microsoft in India at the time, mention SCO in a discussion about heading off the Linux threat in India.
Intel Preparing Native x86 Version of Android 2.2 http://www.enterprisemobiletoday.com/features/hardware/article.php/3890131/Intel-Preparing-Native-x86-Version-of-Android
Intel is working on a fully native x86 version of Android 2. 2 and plans to ship its version of the Google-backed mobile operating system to developers in the next two months.
Hadoop Makes Sense of Lots of Data http://www.enterprisestorageforum.com/management/features/article.php/3890191
http://itmanagement.earthweb.com/osrc/article.php/3890836/Commercializing-Hadoop-with-Cloudera-Enterprise.htm
So what's all the fuss about? For one thing, it operates on commodity hardware. Instead of having to buy pricey storage arrays from the likes of EMC, those with large quantities of data can deploy it on cheap x86 servers.
HP introduces ‘printer apps’ http://apcmag.com/hp-introduces-printer-apps.htm
The printers pack a pared-down embedded Linux kernel which acts as a platform for apps, for which HP will release an SDK and an `open API'.
Has Oracle been a disaster for Sun's open source? http://www.h-online.com/open/features/Has-Oracle-been-a-disaster-for-Sun-s-open-source-1030066.html
It would probably be unfair to characterise Oracle's running of Sun's open source projects as a disaster - at least, for the moment; but as the above shows, there are plenty of grounds for concern, both in terms of how the code is being developed, and the happiness or otherwise of developers and users.
Why do I use an Android phone? http://envb.sapphirewillow.com/writings/2010/06/why-do-i-use-an-android-phone/
The desktop sync software was probably developed by Motorola themselves and I can hardly expect the manufacturer of a phone with a shelf life of less than 2 years to do a good job of it compared to the core developer of the OS whose aim is to make the best OS it can in the long run. But Google just isn't interested in making the phone a slave to the desktop. In their vision, the desktop and your phone are peers, and both of them are slaves to the cloud.
FFmpeg gets its own implementation of Google's VP8 codec http://arstechnica.com/open-source/news/2010/06/ffmpeg-getting-its-own-implementation-of-googles-vp8-codec.ars
Several major browser vendors have embraced VP8 by using Google's own code, which was released under a permissive BSD license. In a blog entry written this week, Bultje explained that he and his fellow contributors are creating their own compatible version for FFmpeg so that they can scope out the limitations of the specification and help advance the codec as a standard.
Nexus One gets Android 2.2 first http://www.ip-192.com/2010/06/29/nexus-one-android/
Android 2. 2 will allow users to turn their handset into a portable Wi-Fi hotspot. With the update installed, the device can be used as a 3G connection for Linux and Windows powered laptops and netbooks.
Linux Consulting Dilemma http://spidertools.com/blog/linux-consulting/linux-consulting-dilemma/
I live in mountainous Northwest Montana. I have always been intrigued by an attitude from my US Forrest Service friends who each summer tell me they are, "hoping there are lots of big forest fires this summer".
Billing's new face: High performance at a lower cost http://connectedplanetonline.com/bss_oss/news/billing-new-face-062910/
For operators having to upgrade billing systems, expensive hardware is often no longer an option, and for that reason they are looking to low-cost Linux-based systems that deliver more bang for the buck.
Bad Eula, Bad Eula! http://brendanscott.wordpress.com/2010/06/30/backup-copy/
"3. 3 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used other than for archival purposes." Which leads one to inquire what, if any, point is served by a "backup" copy which can only be "installed. . . for archival purposes".
Open Core Is Bad For You http://www.computerworlduk.com/community/blogs/index.cfm?entryid=3047&blogid=41
http://redmonk.com/sogrady/2010/06/30/open-core-is-the-new-dual-licensing/
http://lawandlifesiliconvalley.com/blog/?p=485
http://blogs.gartner.com/brian_prentice/2010/03/31/open-core-the-emperors-new-clothes/
When I spoke at the Transfer Summit in Oxford last week, I invited the delegates to join me in reforming the Open Source Initiative (OSI). I repeated the explanation I made here, that OSI needs to be rebuilt in the light of a re-projection of software freedom for a new decade. In articulating the challenges facing open source after ten years of success, I asserted - as I usually do - that "open core" is one of the big challenges facing open source. This surprised some delegates.
Qualcomm Releases Open-Source 2D/3D Kernel Driver http://www.phoronix.com/scan.php?page=news_item&px=ODM4OA
If you happen to have Google's Nexus One or other phones based upon Qualcomm's Snapdragon processor, there is great news today. Qualcomm has just released an open-source 2D/3D kernel driver for their OpenGL ES graphics processor.
New donation pool to raise funds for Ripple development http://blog.p2pfoundation.net/new-donation-pool-to-raise-funds-for-ripple-development/2010/07/01
The final amount will be donated to the Ripple project to support the development of a standalone Ripple server to provide open decentralized payment through the Ripplepay site as well as other services using Ripple. All content created will be released under an open license.
SkySQL joins ranks of MySQL support providers http://www.businessweek.com/idg/2010-07-02/skysql-joins-ranks-of-mysql-support-providers.html
SkySQL plans to offer "enterprise class support & services for the MySQL ecosystem," according to its Web site. Its CEO is Ulf Sandberg, ex-senior vice president of global services at MySQL, and "all core members" of the company have also worked for MySQL.
MySQL founder appeals against Sun-Oracle merger http://www.ft.com/cms/s/2/536df0b4-85f6-11df-9618-00144feabdc0.html
http://www.businessweek.com/idg/2010-07-02/appeal-lodged-against-eu-approval-of-oracle-sun-merger.html
Monty Widenius, founder of the MySQL open-source database business, whose fate held up Oracle's $7. 4bn purchase of Sun Microsystems for months last year, has filed an appeal against the decision by European competition authorities to clear the merger.
***** Snippets
The fall and rise of Mandriva Linux http://www.itpro.co.uk/624649/the-fall-and-rise-of-mandriva-linux
Why the Eclipse Way Works So Well http://www.devx.com/opensource/Article/45054
The Open Source Server Quagmire http://www.serverwatch.com/eur/article.php/3890426/The-Open-Source-Server-Quagmire.htm
Stayin' alive: Ten years of Linux on the mainframe http://www.theregister.co.uk/2010/06/29/ibm_mainframe_linux/
Open Source Needs To Have An Unfair Advantage To Succeed http://www.computerworlduk.com/community/blogs/index.cfm?blogid=41&entryid=3048
MeeGo Handset Project Day 1 is Here http://meego.com/community/blogs/valhalla/2010/meego-handset-project-day-1-here
GNU HURD - altered visions and lost promise http://www.h-online.com/open/features/GNU-HURD-Altered-visions-and-lost-promise-1030942.html
Gosling: Oracle gets server-side Java, but confused about desktops, cell phones http://www.infoworld.com/d/developer-world/gosling-oracle-gets-server-side-java-confused-about-desktops-cell-phones-766
Open Source is Inherently More Secure, Says Red Hat http://www.esecurityplanet.com/features/article.php/3890616/Open-Source-is-Inherently-More-Secure-Says-Red-Hat.htm
Mandriva's Future Rosy or Rose Colored? http://www.linuxjournal.com/content/mandrivas-future-rosy-or-rose-colored
Cross-platform interoperability importance to fade http://www.zdnetasia.com/cross-platform-interoperability-importance-to-fade-62201064.htm
HP’s new Linux enabled emailable printer - questions and answers http://www.itwire.com/your-it-news/home-it/40107-hps-new-linux-enabled-emailable-printer-questions-and-answers
Dell reiterates that Linux is safer than Windows http://www.zdnet.co.uk/blogs/the-open-source-revolution-10014902/dell-reiterates-that-linux-is-safer-than-windows-10017875/
Netbook Apps Reinvent the Wheel http://www.wired.com/epicenter/2010/06/netbook-apps-reinvent-the-wheel/
Saying it out loud: IBM is moving to Firefox as its default browser http://www.sutor.com/c/2010/07/ibm-moving-to-firefox-as-default-browser/
The Year Of The Linux... Everything Else http://www.linux-mag.com/cache/7817/1.html
Zenoss Melds Open Source Monitoring With Cisco UCS http://www.enterprisenetworkingplanet.com/news/article.php/3891031/Zenoss+Melds+Open+Source+Monitoring+With+Cisco+UCS.ht
Linux: We Put Our Money Where Our Mouth Is http://blog.eracc.com/2010/07/01/linux-we-put-our-money-where-our-mouth-is/
The "Sita Sings the Blues" Distribution Project http://questioncopyright.org/sita_distribution
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