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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 #378 Period ending 5 October 2010
Welcome to the Open Source Law Weekly Open Source Digest (OSWALD)
A couple of big stories this week, with Microsoft suing Motorola for patent infringement re Android. In other patent news, a number of tech companies are asking the court in the US to make it easier to invalidate patents. In other news there are a lot stories about a new version of OpenOffice and an interesting story about telcos and Linux,
>From my blog: http://brendanscott.wordpress.com/2010/07/01/example-copyright-damages-australian-industry/
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/
Verbatim distribution with attribution ok.
Other distribution - email me.
Regards
Brendan
Brendan Scott
Open Source Law
***** Off Topic
Getting the Twain to Meet http://www.linuxjournal.com/content/getting-twain-meet
Interesting that the technology has an downstream:upstream ratio of about 3:1 or 4:1, but the 100Mbps services offered by Optus and Telstra are both deliberately strangled to a maximum of 2 Mbps upstream - a ratio of 50:1. The services are still aimed at passive entertainment, not business or even SMB users who send outbound a greater proportion of traffic.
What's that Android app doing with my data? http://news.cnet.com/8301-27080_3-20018102-245.html
http://arstechnica.com/security/news/2010/09/some-android-apps-found-to-covertly-send-gps-data-to-advertisers.ars
Specifically, the researchers found that two-thirds of the 30 apps in the sample used sensitive data suspiciously, half share location data with advertising or analytics servers without requiring "implicit or explicit user consent," and one-third expose the device ID, sometimes with the phone number and the SIM card serial number. In all, the researchers said they found 68 instances of potential misuse of users' private information across 20 applications.
***** Government/Policy
Desktop dictatorship: Corporate Australia still prefers Internet Explorer http://delimiter.com.au/2010/09/30/desktop-dictatorship-corporate-australia-still-prefers-ie/
Happy Birthday to GNU http://www.gnu.org/gnu/initial-announcement.html
The actual history of the GNU Project differs in many ways from this initial plan. For example, the beginning was delayed until January 1984. Several of the philosophical concepts of free software were not clarified until a few years later.
***** Patent/CR/DRM News+Policy
US ISP Disconnects Alleged Pirates for 6 Months http://torrentfreak.com/us-isp-disconnects-alleged-pirates-for-6-months-100924/
The United States Internet Service provider Suddenlink has effectively implemented a three-strikes policy for repeated copyright infringers. After three DMCA notices, alleged copyright infringers are disconnected from the Internet for six months, without a refund. According to a company representative, the DMCA requires them to take such drastic measures.
An Open Response to the USPTO -- Physical Aspects of Mathematics http://www.groklaw.net/article.php?story=2010092621054289
http://press.redhat.com/2010/09/28/red-hat-responds-to-u-s-patent-and-trademark-office-request-for-guidance-on-bilski/
The USPTO has issued a request for comments on their new interim guidance, Interim Guidance for Determining Subject Matter Eligibility for Process Claims in View of Bilski v. Kappos
White House IP Chief Talks Tough on Online Piracy http://itmanagement.earthweb.com/features/article.php/3905746/White-House-IP-Chief-Talks-Tough-on-Online-Piracy.htm
The top White House official overseeing intellectual property issues on Tuesday said that the administration is meeting with a broad array of Internet companies in an attempt to craft policies to curtail the flow of online pirated content.
Tech giants back Microsoft in changing patent litigation http://blog.seattlepi.com/microsoft/archives/223081.asp
http://www.eff.org/deeplinks/2010/09/eff-supports-microsoft-seeking-make-it-easier
http://www.theregister.co.uk/2010/09/30/microsoft_i4i_grumbles/
An impressive list of industry heavyweights filed briefs with the U. S. Supreme Court today to back up Microsoft in its bid to change a central standard by which patent-infringement lawsuits are won and lost.
Why Must Patent Supporters Rewrite History In Attempt To Have The Feds Subsidize Patents http://www.techdirt.com/articles/20100809/03493510551/why-must-patent-supporters-rewrite-history-in-attempt-to-have-the-feds-subsidize-patents.shtml
Note the implicit (totally false) assumption made there: that these products and jobs were entirely a result of these patents. This is false. In all three areas, there was tremendous work being done among competitors in the same fields, and the innovation that happened was not because of the patents (in fact, all of the patents discussed had almost nothing to do with the later success of the technologies in question). If you look at the history of the semiconductor industry, the PC industry and the search business -- all were built on widespread sharing of ideas among different researchers, rather than hoarding it and using patents to keep others from the market.
Microsoft sues Motorola over patents, citing Android phones http://www.techflash.com/seattle/2010/10/microsoft_sues_motorola_over_patents_citing_android_phones.html
http://blogs.technet.com/b/microsoft_on_the_issues/archive/2010/10/01/microsoft-sues-motorola-over-android-patent-infringements.aspx
http://bits.blogs.nytimes.com/2010/10/01/microsoft-activates-android-lawsuit-against-motorola/
http://seattletimes.nwsource.com/html/technologybrierdudleysblog/2013050703_microsoft_uses_anti-linux_tact.html
http://www.pcworld.com/businesscenter/article/206674/patent_protection_key_to_windows_phone_license.html
Microsoft says the patents relate to technologies including synchronizing email, calendars and contacts, scheduling meetings, and notifying applications of changes in signal strength and battery power. Microsoft's claims against Android first surfaced in a patent deal announced in April between Microsoft and HTC.
Real Copyright Reform http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1474929
***** Applications/Gadgets
Linux-ready SoCs sip half a Watt http://www.linuxfordevices.com/c/a/News/Freescale-iMX28-and-MCF5441x-/
Freescale Semiconductor announced a Linux-ready, ARM9-based i. MX28x SoC and a Coldfire-based MCF5441x MCU, both targeting fanless industrial applications as well as automotive systems.
Dell Continues to Tease Out 7-Inch Mobile Computing Tablet http://www.enterprisemobiletoday.com/news/article.php/3905941/Dell-Continues-to-Tease-Out-7-Inch-Mobile-Computing-Tablet
According to the Journal report, the new tablet will run on Google's Android operating system, as does the Streak, making it the latest in an array of new tablet devices built on the open source mobile OS, joining offerings from Cisco, Samsung, Acer and others.
Dell Servers Certified to Run Ubuntu Server Edition http://www.thevarguy.com/2010/09/28/dell-servers-certified-to-run-ubuntu-server-edition
Create Your Own Online Backup Service With SparkleShare http://www.junauza.com/2010/09/create-your-own-online-backup-service.html
The best thing about SparkleShare is that it is totally free and open-source. It is currently available for Linux and is still in Beta.
HD media player speeds up http://www.linuxfordevices.com/c/a/News/Qnap-NMP1000P/
Qnap did not listed the embedded operating system of either system, but considering that the software is said to be based on Qnap's Linux-based Turbo NAS server stack, a tuxy foundation appears more than likely for the NMP-1000P.
Diaspora, a New Social Media Platform, Hopes to be Anti-Facebook http://www.myfoxspokane.com/dpps/money/diaspora-hopes-to-be-anti-facebook-dpgoh-20100929-fc_9846416
Diaspora, a new social media platform, is set to be released in the coming months and it looks a lot like Facebook. One difference, though, is that users control their personal data.
***** Reports
The Carriers’ Rebellion http://www.mondaynote.com/2010/09/26/the-carriers%E2%80%99-rebellion/
Android is like Linux, it’s Open Source, it’s free. And it’s very good, and rabidly getting better. But with two important differences. Android is Linux with money, Google’s money. And Android is Linux without a Microsoft adversary. There’s no legally—or illegally—dominant player in the smartphone/really personal computer space. Nokia, Palm, Microsoft, and RIM were and still are much larger than the Disintermediating Devil from Cupertino.
OpenOffice goes its own way http://www.linuxtoday.com/developer/2010092801435NWDTSW
http://www.consortiuminfo.org/standardsblog/article.php?story=20100928055844726
http://itmanagement.earthweb.com/osrc/article.php/3905711/Open-Office-Suite-Gets-Forked.htm
http://blogs.computerworld.com/17058/libreoffice_isnt_an_openoffice_fork_yet
http://blog.worldlabel.com/2010/install-libreoffice-on-ubuntu-and-debian-based-distros.html
"On the morning of September 28th, a community of developers and other volunteers announced that they were forming The Document Foundation to fulfil the promise of independence written in the original OpenOffice charter. ..
CodePlex Foundation Now Outercurve http://itmanagement.earthweb.com/osrc/article.php/3905731/CodePlex-Foundation-Now-Outercurve.htm
http://stephesblog.blogs.com/my_weblog/2010/09/the-codeplex-foundation-is-now-the-outercurve-foundation.html
The CodePlex Foundation is a Microsoft sponsored open source effort, though the goal is to have a broader base than just Microsoft (NASDAQ: MSFT). As such the CodePlex Foundation is now changing its name to the Outercurve Foundation in an effort to help differentiate and move the initiative forward.
WordPress to replace Microsoft Live Spaces blogging http://www.h-online.com/open/news/item/WordPress-to-replace-Microsoft-Live-Spaces-blogging-1098266.html
Microsoft is to close down its Live Spaces blogging service (launched six-years ago as MSN Spaces). Space's (according to Microsoft) 30 million users are to be "upgraded" to WordPress' free blogging software.
Future Ubuntu Releases Will be Shipped With LibreOffice, Says Mark Shuttleworth http://www.techdrivein.com/2010/09/future-ubuntu-releases-will-be-shipped.html
Data centres increasing reliability on Linux http://www.techworld.com.au/article/362625/data_centres_increasing_reliability_linux
Mobile App Developers Favor Android Over Apple iOS: Survey http://www.enterprisemobiletoday.com/news/article.php/3906091/Mobile-App-Developers-Favor-Android-Over-Apple-iOS-Survey.
The September survey found that 58. 6 percent of the more than 2,300 mobile app developers queried believe Android has a better long-term outlook compared to 34. 9 percent for Apple's iOS platform.
Nagios Trademark Statement http://www.netways.de/en/de/info/trademark
http://community.nagios.org/2010/09/28/nagios-trademark-truth/
First of all, I have signed all the transfer papers that I received from Nagios Enterprises and sent them back. I had to removed two lines from the text concerning liabilities where I have no idea what they could mean to me. I'm not a lawyer, my main language is German and I have no knowledge about US law. Of course I left everything concerning a transfer intact, so I hope that will settle the situation soon. S
Corporations and You: Who's Who in Open Source - Part 1 http://www.ghabuntu.com/2010/09/corporations-and-you-whos-who-in-open_1550.html
http://www.ghabuntu.com/2010/09/corporations-and-you-whos-who-in-open_29.html
http://www.ghabuntu.com/2010/09/corporations-and-you-whos-who-in-open.html
We are living at crucial moments for Open Source: Oracle is suing Google for patent infringement, Apple is fighting the Android the way they can, while it boasts that it is an open source company (I'll adress it below), and Microsoft's declaring in the press its love for open source
Current Operating Systems May Only Make Sense Up To 48 Cores http://www.conceivablytech.com/3166/science-research/current-operating-systems-may-only-make-sense-up-to-48-cores/
SugarCRM Courts OEMs, Plans iPhone, iPad CRM Apps http://www.ecrmguide.com/news/article.php/3906291/sugarcrm-courts-oems-plans-iphone-ipad-crm-apps.htm
Sugar Platform Edition gives OEMs full access to Sugar source code and developer tools, and they can also use SugarCRM's open cloud deployment model to offer custom solutions in the cloud.
McGrath: Proposal for a new Fedora project (the desktop has no future) http://lwn.net/Articles/408052/
Imagine that technology applied to actual applications. . . . That run anywhere HTML5 does. Our idea of the desktop is gone.
Sintel Open Movie Released and It's Absolutely Beautiful! http://www.techdrivein.com/2010/09/sintel-open-movie-released-and-its.html
We have been talking about Sintel Open Movie for some time now. Sintel is Blender foundation's third open movie project after Elephants Dream and Big Buck Bunny which we featured in our 8 stunning Blender made movies post.
Software-maker Red Hat considers Austin HQ http://austin.bizjournals.com/austin/stories/2010/09/27/daily42.html
Software company Red Hat Inc. is eyeing Austin for a possible headquarters move, potentially bringing hundreds of white-collar jobs.
The eternal antitrust case: Microsoft versus the world http://arstechnica.com/tech-policy/news/2010/09/the-eternal-antitrust-case-microsoft-versus-the-world.ars/
This agreement, warned Sun Microsystems, "does little or nothing to eliminate the unlawful monopoly maintained by Microsoft over PC operating systems. Nor does it redress the harm that Microsoft's illegal acts have caused to competition in that market. "
***** Snippets
Feedback is a gift http://opensource.com/business/10/9/feedback-gift
James Gosling Interview – 9/22/10 –transcription http://www.basementcoders.com/transcripts/James_Gosling_Transcript.html
SCO v. Novell Trial, Day 7, Tuesday, March 16, 2010: It's Darl, Darl, Darl - as text http://www.groklaw.net/article.php?story=20100723194944355
Linux in Schools http://scienceblogs.com/gregladen/2010/09/linux_in_schools.php
Marcan Names PS3 Linux Bootloader on Firmware 3.41 AsbestOS http://www.ps3news.com/PS3-Hacks/marcan-names-ps3-linux-bootloader-on-firmware-3-41-asbestos/?utm_source=feedburner&utm_
Red Hat Linux is Mad Money http://blog.internetnews.com/skerner/2010/09/red-hat-linux-is-mad-money.html
Remote Linux Desktop for the iPad http://www.net-security.org/secworld.php?id=9933
DWG CAD on Linux - Ares Commander Commercial Release http://linuxmadeasy.blogspot.com/2010/09/dwg-cad-on-linux-ares-commander.html
Lustre settles into post-Oracle life http://www.itworld.com/software/122566/lustre-settles-post-oracle-life
Is open source a dead end for desktop applications? http://www.infoworld.com/d/developer-world/open-source-dead-end-desktop-applications-435
Forking Time http://www.linux-magazine.com/Online/Blogs/Off-the-Beat-Bruce-Byfield-s-Blog/Forking-Time
Commentary: How Fragmentation, Crapware and Carriers Are Ruining Android http://www.enterprisemobiletoday.com/news/article.php/3906386/Commentary-How-Fragmentation-Crapware-and-Carriers-Are-Rui
Operating system Family share for 06/2010 http://www.top500.org/stats/list/35/osfam
When a company asks for your copyright http://www.fsf.org/blogs/rms/assigning-copyright
Neo-proprietary tactic considered harmful for Open Source as a brand http://openceo.blogspot.com/2010/09/neo-proprietary-tactic-considered.html
WebP, a new image format for the Web http://blog.chromium.org/2010/09/webp-new-image-format-for-web.html
Red Hat's Jan Wildeboer Noticed Something at OWF http://identi.ca/jwildeboer
Android in the cross-hairs: if you can't compete with it, litigate it http://www.zdnet.com/blog/perlow/android-in-the-cross-hairs-if-you-cant-compete-with-it-litigate-it/14076?tag=mantle_ski
Interested in free video formats? We need your help! http://www.fsf.org/blogs/community/interested-in-free-video-formats-we-need-your-help
Open Core is over http://www.h-online.com/open/features/Guest-commentary-Open-Core-is-over-1097073.html
Open Source Databases Have Come of Age http://www.linuxinsider.com/story/70919.html?wlc=1286362435
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