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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 #410 Period ending 25 July 2011

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

Hmmmm... Not really much which stands out this week. People are still complaining about Project Harmony. Some publicity has been given to apparent endorsement by Sun of Google's use of Java in Android.


>From my blog:
http://brendanscott.wordpress.com/2011/07/01/gov-2-0-open-source-wrongness/
http://brendanscott.wordpress.com/2011/05/18/iinet-disturbed-by-full-federal-court-decision/
http://brendanscott.wordpress.com/2010/12/07/cablegate-shows-copyright-as-the-emporers-new-clothes/

Verbatim distribution with attribution ok.

Other distribution - email me.

Regards

Brendan

Brendan Scott

Open Source Law

***** Off Topic


Google Search now detects malware-infected computers, then tells user
http://www.geek.com/articles/news/google-search-now-detects-malware-infected-computers-then-tells-user-20110720/

Google has updated its search results page to also start informing users if their computer has a malware infection. The new service turns out to be a side effect of the search company detecting some unusual activity while performing maintenance at one of its data centers.

***** Government/Policy


Ottawa won’t review Nortel patent sale
http://www.thestar.com/business/companies/nortel/article/1027230--ottawa-won-t-review-nortel-patent-sale

School's iPad requirement 'divisive'
http://www.stuff.co.nz/national/education/5304084/Schools-iPad-requirement-divisive

Labour education spokeswoman Sue Moroney said low-income families who were already finding it difficult to make ends meet were going to struggle to come up with that kind of money.

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


Patents madness [Patenter Irrsinn]
http://www.heise.de/ix/artikel/Patenter-Irrsinn-1279597.html

Apple Contributes Half the Cost of Nortel Patents
http://www.pcworld.com/article/236260/apple_contributes_half_the_cost_of_nortel_patents.html

Apple reported on Wednesday in a filing with the U. S. Securities and Exchange Commission that it will contribute approximately $2. 6 billion toward the cost of the Nortel patent acquisition.


Patents Are Very Valuable, Tech Giants Discover: Nathan Myhrvold
http://www.bloomberg.com/news/2011-07-20/patents-are-very-valuable-tech-giants-discover-nathan-myhrvold.html

In each case, the recipe for success was to bring to market, at a furious pace, products that incorporate new features. Along the way, inconvenient intellectual property rights were ignored.


Google Eyeing InterDigital’s Treasure Chest Of Mobile Patents
http://paidcontent.org/article/419-google-eyeing-interdigitals-treasure-chest-of-mobile-patents/

Kodak Explores Patents 'Alternatives'
http://abcnews.go.com/Technology/wireStory?id=14119476

Eastman Kodak Co. says it's looking at ways to turn 1,100 patents on digital imaging into ready money, perhaps through a sale.


Apple Beats Competitors In The Market, But Flounders In Legal Battles
http://paidcontent.org/article/419-apple-killing-competitors-in-the-market-but-flounders-in-legal-battles/

Judge Makes Ultimatum for Google Books Deal
http://www.pcmag.com/article2/0,2817,2388731,00.asp

A judge is giving Google two more months to come up with a proposal to create the world's largest digital library, known as Google Books, that doesn't violate copyright law.


Google's Schmidt vows to defend HTC
http://news.cnet.com/8301-1035_3-20080620-94/googles-schmidt-vows-to-defend-htc/?part=rss&subj=news&tag=2547-1_3-0-20
http://www.pcmag.com/article2/0,2817,2388701,00.asp

Schmidt declined to provide details on how Google will aid the Taiwanese smartphone maker. But Schmidt's support provides some reassurance following an initial legal victory for Apple against HTC and, by extension, all other Android OS smartphone partners.


Apple Patents Portrait-Landscape Flipping: the patent system is broken…
http://gettys.wordpress.com/2011/07/18/apple-patents-portrait-landscape-flipping-the-patent-system-is-broken/

The probability of Apple employees having seen this device and it rotating the screen is an absolute certainty; not only did we show the BackPAQ off at numerous conferences, but we built significant numbers used at universities.


Bilski's growing up, and smacking down some bad software patents
http://opensource.com/law/11/7/bilskis-growing-and-smacking-down-some-bad-software-patents

Judge Blasts Oracle in Android Software Fight
http://www.courthousenews.com/2011/07/22/38393.htm

U. S. District Judge William Alsup slammed Oracle's lawyer for trying to keep evidence secret in an ongoing battle over Java computer code contained in the highly popular Android phone, with the judge saying at Thursday's hearing that federal court is not owned by the big companies.


BGH X ZR 121/09 Confirms New German Approach To Examination of Software Inventions
http://www.visaepatentes.com/2011/07/bgh-x-zr-12109-confirms-new-german.html

As a conclusion, applicants of software-implemented methods will now be on the safe side as regards technicality issues if the invention is claimed within an embedded system framework, i. e. as a method controlling a technical apparatus or collecting, evaluating and processing (technical) data by means of a technical apparatus.


Microsoft sued over Kinect for patent infringement
http://news.cnet.com/8301-10805_3-20082248-75/microsoft-sued-over-kinect-for-patent-infringement/

A Bay Village, Ohio, company has sued Microsoft for allegedly infringing on its patents with the rapidly selling Kinect motion-sensing video game controller.


When Patents Attack
http://www.npr.org/blogs/money/2011/07/22/138576167/when-patents-attack

"I tried to put you in touch with other people in this community to talk to you about this and they almost uniformly said they couldn't talk to you," Sacca told us. "They were afraid to. " IV has the power to "literally obliterate startups," Sacca says.


Acacia Subsidiary Acquires Smartphone Patents
http://www.marketwatch.com/story/acacia-subsidiary-acquires-smartphone-patents-2011-07-20?reflink=MW_news_stmp

Acacia Research Corporation /quotes/zigman/89716/quotes/nls/actg ACTG +7. 91% announced today that a subsidiary has acquired a valuable patent portfolio relating to mobile applications for use in smartphones and other wireless computing devices.


Does the infamous "Happy Birthday to You" copyright hold up to scrutiny?
http://www.slate.com/id/2298271/pagenum/all

What's more, none of the six copyrighted versions are exactly right: The one that includes both the familiar melody and lyrics also slaps on a second verse that nobody ever uses. When it came time to renew the song's copyright in 1962, Clayton Summy Co. forgot to include this one most crucial version. And that, Brauneis says, is a problem.


Judge calls $1.5M file-sharing judgment
http://arstechnica.com/tech-policy/news/2011/07/judge-calls-15m-file-sharing-judgment-appalling-slashes-to-54000.ars

***** Applications/Gadgets


Meraki Slims Down Cloud Routers
http://www.datamation.com/networks/meraki-slims-down-cloud-routers.html

The underlying operating system in the MX50, MX60 and MX70 router is a customized Linux base that Meraki has enhanced.


Oracle Improves VirtualBox 4.1
http://www.serverwatch.com/news/article.php/3937501/Oracle-Improves-VirtualBox-41.htm

VirtualBox has remained one of the most successful open source projects Oracle inherited from Sun.


Can Microsoft Tame Lion's Biggest Threat?
http://informationweek.com/news/windows/operatingsystems/231002313

But what's most interesting about the phone is that runs of a Linux platform that can serve 3rd-party developed applications to the phone.


Lenovo unveils three 10.1-in. tablets, two running Android
http://computerworld.co.nz/news.nsf/technology/lenovo-unveils-three-101-in-tablets-two-running-android

Lenovo today announced a family of three 10. 1-in. tablet computers, including two that run Android 3. 1 and one that runs Windows 7.


Toshiba Thrive review
http://thisismynext.com/2011/07/22/toshiba-thrive-review/
http://www.youtube.com/watch?v=rxkuZzVwRv0

If you've seen one Honeycomb tablet, you might well imagine you'd seen them all -- most every current Android slate boasts a 10. 1-inch, 1280 x 800 screen, a dual-core 1GHz Tegra 2 chip, 1GB of RAM, and a small chunk of flash storage.

***** Reports


Hadoop & Startups: Where Open Source Meets Business Data
http://techcrunch.com/2011/07/17/hadoop-startups-where-open-source-meets-business-data/

SUSE Joins Xamarin for Mono
http://www.datamation.com/open-source/suse-joins-xamarin-for-mono.html
http://www.zdnet.com/blog/open-source/mono-open-source-net-for-android-linux-and-ios-lives-on/9265
http://tirania.org/blog/archive/2011/Jul-18.html

Mono isn't dead, and SUSE isn't giving up on it entirely either. Attachmate's SUSE Linux division today officially announced a deal with startup Xamarin for support and ongoing development of Mono.


Microsoft: open source developers prefer CodePlex and GitHub
http://www.h-online.com/open/news/item/Microsoft-open-source-developers-prefer-CodePlex-and-GitHub-1280786.html

OpenOffice.org and Symphony: Did IBM Do the Right Thing?
http://fossforce.com/2011/07/openoffice-org-and-symphony-did-ibm-do-the-right-thing/

Flash Drive Linux vs. Standard Linux Desktops
http://www.datamation.com/open-source/flash-drive-linux-vs.-standard-linux-desktops-1.html

It seems there's something inherently valuable about being able to take your "computing profile" with you, even when you're away from work.


Microsoft struggles to get Hyper-V drivers in Linux kernel
http://www.linuxtoday.com/it_management/2011072000341NWMS
http://www.zdnet.com/blog/open-source/top-five-linux-contributor-microsoft/9254

"It was recently reported that Microsoft is now one of the top corporate contributors to the Linux kernel. But the reason for Redmond's recent flurry of contributions lies in the fact that its two-year-old project to get Hyper-V drivers into the Linux kernel has taken longer than expected.


OpenStack Turns 1
http://www.internetnews.com/blog/skerner/openstack-turns-1-.html

The promise of OpenStack is the promise that NASA hoped for. It is the promise of an open ecosystem of contributors that are trying to come up a core level of standards. These aren't standards in the IEEE or IETF sense. These are standards in the same sense as Eclipse has become the standard (Oracle's Netbeans users might disagree) for Java tooling.


Yahoo and open source
http://www.networkworld.com/news/2011/071911-yahoo-open-source.html?hpg1=bn

Yahoo is a well-known user of, and contributor to, open source projects. The company is most closely associated with Hadoop, and rightly so, as it is this open source project's biggest contributor.


The Unix revolution: thank you, Uncle Sam?
http://arstechnica.com/tech-policy/news/2011/07/should-we-thank-for-feds-for-the-success-of-unix.ars?

"The rate of change of the system is so great that a dismayingly large number of early sections [of the text] had to be modified while the rest were being written," Thompson and Ritchie noted in their introduction. "The unbounded effort required to stay up-to-date is best indicated by the fact that several of the programs described were written specifically to aid in preparation of this manual!"


Oracle buys Ksplice for Linux 'zero downtime' tech
http://www.computerworld.com/s/article/9218580/Oracle_buys_Ksplice_for_Linux_zero_downtime_tech
http://www.internetnews.com/blog/skerner/oracle-buys-ksplice.html

Oracle has purchased Ksplice, maker of technology that allows Linux administrators to apply important security updates without having to reboot the system, Oracle announced Thursday. Terms were not disclosed.


U.S. Army tests Android, iPhone and Windows Phone 7
http://www.geekwire.com/2011/army-tests-android-iphone-windows-phone-7-combat-scenarios

An official for the Army said that they will like choose two mobile operating systems, adding that off-the-shelf hardware could be much cheaper to deploy than existing mobile communications devices.


Online game store launched for Linux community
http://ubuntumanual.org/posts/373/online-game-store-launched-for-linux-community

A web based Linux game store has been launched very recently and is christened Gameolith.


Open Source Licensing: Risk and Opportunity, Part One
http://www.directionsmag.com/articles/open-source-licensing-risk-and-opportunity-part-one/190454

Linux Foundation Releases New White Paper on FOSS Compliance for Suppliers
http://www.linux.com/news/featured-blogs/189-phil-koltun-/472053-linux-foundation-releases-new-white-paper-on-foss-compl
http://www.linuxfoundation.org/news-media/blogs/browse/2011/07/linux-foundation-releases-new-white-paper-foss-compliance-suppliers

Linux 3.0 release
http://www.linuxtoday.com/developer/2011072201241NWLFKN
http://lwn.net/Articles/452040/rss

As already mentioned several times, there are no special landmark features or incompatibilities related to the version number change, it's simply a way to drop an inconvenient numbering system in honor of twenty years of Linux.


Samsung Smartphone Sales May Pass Apple
http://www.bloomberg.com/news/2011-07-24/samsung-may-have-surpassed-nokia-apple-in-second-quarter-smartphone-sales.html

Samsung is estimated to have sold between 18 million and 21 million smartphones globally in the April-June quarter, compared with 16. 7 million for Nokia and 20. 3 million iPhones, Neil Mawston, a London-based analyst at Strategy Analytics, a research company based in Boston, said in an e-mailed response to questions on July 22. The data exclude tablet-computer sales.


FSFE welcomes new Vice President, Legal Coordinator
http://fsfe.org/news/2011/news-20110718-01.en.html

At FSFE's General Assembly which took place in Ljubljana, Slovenia, on June 11, FSFE's members elected Henrik Sandklef as the organisation's Vice President. A computer scientist and GNU Hacker from Gothenburg, Sweden, Henrik has been active with FSFE since 2005. He takes over from Fernanda Weiden, who held the volunteer position for the past two years.


Google Says It Rejected Sun’s $100 Million Java-Android Deal
http://www.bloomberg.com/news/2011-07-21/google-rejected-java-license-offer-lawyer-says-in-oracle-case.html

Scoop: Oracle scrubs site of embarrassing Java blog
http://news.cnet.com/8301-1023_3-20082151-93/scoop-oracle-scrubs-site-of-embarrassing-java-blog/

"Google and the Open Handset Alliance just strapped another set of rockets to the community's momentum - and to the vision defining opportunity across our (and other) planets," Schwartz wrote. "Today is an incredible day for the open source community, and a massive endorsement of two of the industry's most prolific free software communities, Java and Linux. "


DIY internet spreading through Middle East and Africa
http://www.sfgate.com/cgi-bin/blogs/green/detail?entry_id=92429#ixzz1St52BL9H

It's an open-source project, so if you're interested in building a DYI network here in the shadow of Silicon Valley, just hit up the wiki.


The Value of Open Virtualization
http://www.dbta.com/Articles/ReadArticle.aspx?ArticleID=76507&sf1846964=1

A longtime supporter of Linux and open source technologies, IBM has also become a leading proponent of Linux Kernel-based Virtual Machine (KVM) and is a founding member of the recently-formed Open Virtualization Alliance.

***** Snippets


A Status Update On GNU Hurd: Java, Debian, Money
http://www.phoronix.com/scan.php?page=news_item&px=OTY2Nw

Mozilla Challenges Google: Open Source Chrome Isn't Good Enough
http://www.conceivablytech.com/8468/business/mozilla-challenges-google-open-source-chrome-isnt-good-enough

How to Jailbreak And Upgrade Old Android Phones
http://www.infoworld.com/d/mobile-technology/jailbreak-upgrading-non-upgradable-android-171

Linux 3.0 Delayed for Late Breaking Patch
http://www.linuxtoday.com/developer/2011071900641NWKN

Why I would not sign a Harmony Agreement
http://blog.martin-graesslin.com/blog/2011/07/why-i-would-not-sign-a-harmony-agreement/
http://www.linuxplanet.com/news/will-project-harmony-bring-harmony-to-linux.html
http://ostatic.com/blog/project-harmony-red-hat-and-others-are-early-critics
http://www.h-online.com/open/features/Harmony-s-curiously-flat-tune-1283369.html

Mageia 2: release cycle, support and planning
http://blog.mageia.org/en/2011/07/17/mageia-2-release-cycle-support-and-planning/

What to expect in OpenBSD 5.0 onwards
http://bsdly.blogspot.com/2011/07/what-to-expect-in-openbsd-50-onwards.html

KDE 4.7: Long-Term Vision, Ongoing Myopia
http://www.datamation.com/open-source/kde-4.7-long-term-vision-ongoing-myopia-1.html

Linus is on Google+ will Linux users follow?
http://www.internetnews.com/blog/skerner/linus-is-on-google-will-linux-users-follow.html

Microsoft Makes A Video For Linux's 20th Birthday
http://digitizor.com/2011/07/20/microsoft-video-linuxs-20th-birthday/

Note on Linux 3.0 and the 3.1 merge window
http://www.linuxtoday.com/developer/2011072101141NWKNSM

Real-time patches for the Linux kernel take a major step forward
http://www.h-online.com/open/news/item/Real-time-patches-for-the-Linux-kernel-take-a-major-step-forward-1282492.html

The future of free software – are we on rocky ground?
http://www.linuxuser.co.uk/opinion/the-future-of-free-software-are-we-on-rocky-ground/

Can Novell BrainShare 2011 Serve Three Masters?
http://www.thevarguy.com/2011/07/20/can-novell-brainshare-serve-three-masters/

Icahn pushing Motorola Mobility to sell its patents
http://news.cnet.com/8301-1035_3-20081542-94/icahn-pushing-motorola-mobility-to-sell-its-patents/

Filing with the court with GNU/Linux
http://status.piana.eu/notice/88610

The Evolution of Asterisk (or: How We Arrived at Asterisk 10)
http://blogs.digium.com/2011/07/21/the-evolution-of-asterisk-or-how-we-arrived-at-asterisk-10/

SUSE Studio 1.2 Brings Linux Appliances to Mainframes
http://www.datamation.com/open-source/suse-studio-1.2-brings-linux-appliances-to-mainframes.html

Imixs open source BPM, workflow engine reaches 3.0
http://www.cio.com.au/article/394604/imixs_open_source_bpm_workflow_engine_reaches_3_0/

Google Toolbar drops support for Firefox. Why now?
http://www.internetnews.com/blog/skerner/google-toolbar-drops-firefox.html

Firefox Coming to Android-based Tablets This Year
http://techlaze.com/2011/07/firefox-coming-to-android-tablets/

The responsibilities of ownership
http://www.markshuttleworth.com/archives/687

How to work as a Graphic Designer without sleeping with Adobe
http://www.ponnuki.net/2011/07/open-source-graphic-design/

Linux 3.0 Debuts with Xen Integration
http://www.datamation.com/open-source/linux-3.0-debuts-with-xen-integration.html

60 days in WebOS land: an Android users perspective
http://www.geek.com/articles/mobile/60-days-in-webos-land-an-android-users-perspective-20110722/

JCP - Bonn meeting October 2010
http://www.jroller.com/scolebourne/entry/jcp_bonn_meeting_october_2010

Google May Be Willing to Settle Oracle's Android Lawsuit
http://www.pcworld.com/businesscenter/article/236154/google_may_be_willing_to_settle_oracles_android_lawsuit.html
http://www.whda.com/blog/2011/07/oracle-case-against-google’s-android®-headed-for-a-stay
http://paidcontent.org/article/419-google-may-get-to-pare-back-oracles-6-billion-damage-demand/
http://www.mercurynews.com/weird-news/ci_18525231

Oracle ordered to lower damages claim against Google
http://www.goodgearguide.com.au/article/394733/oracle_ordered_lower_damages_claim_against_google/

Patent War Between Apple, Google Continues with Buying Spree for InterDigital
http://www.gottabemobile.com/2011/07/21/patent-war-between-apple-google-continues-with-buying-spree-for-interdigital/
---
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