Brendan Scott
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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

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:

Verbatim distribution with attribution ok.

Other distribution - email me.



Brendan Scott

Open Source Law

***** Off Topic

Getting the Twain to 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?

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

Happy Birthday to GNU

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

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

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

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

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

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

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

***** Applications/Gadgets

Linux-ready SoCs sip half a Watt

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

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

Create Your Own Online Backup Service With SparkleShare

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

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

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

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

"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

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

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

Data centres increasing reliability on Linux

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

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

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

SugarCRM Courts OEMs, Plans iPhone, iPad CRM Apps

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)

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!

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

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

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

James Gosling Interview – 9/22/10 –transcription

SCO v. Novell Trial, Day 7, Tuesday, March 16, 2010: It's Darl, Darl, Darl - as text

Linux in Schools

Marcan Names PS3 Linux Bootloader on Firmware 3.41 AsbestOS

Red Hat Linux is Mad Money

Remote Linux Desktop for the iPad

DWG CAD on Linux - Ares Commander Commercial Release

Lustre settles into post-Oracle life

Is open source a dead end for desktop applications?

Forking Time

Commentary: How Fragmentation, Crapware and Carriers Are Ruining Android

Operating system Family share for 06/2010

When a company asks for your copyright

Neo-proprietary tactic considered harmful for Open Source as a brand

WebP, a new image format for the Web

Red Hat's Jan Wildeboer Noticed Something at OWF

Android in the cross-hairs: if you can't compete with it, litigate it

Interested in free video formats? We need your help!

Open Core is over

Open Source Databases Have Come of Age
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