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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 #415 Period ending 31 August 2011

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

More on the TouchPad and also more on Apple v Samsung in Europe. A couple more stories on the 20th Anniversary of kicking off Linux. One report suggests South Korea are off developing their own open-source smartphone operating system.

>From my blog:

Verbatim distribution with attribution ok.

Other distribution - email me.



Brendan Scott

Open Source Law

***** Off Topic

Samsung says not interested in HP's PC business

Samsung Electronics Co reiterated on Thursday it is not interested in buying Hewlett-Packard Co's PC business, shooting down persistent market talk the South Korean firm may snap up the unit to become the world's top PC maker.

Torture in Bahrain Becomes Routine With Help From Nokia Siemens

In the hands of autocrats, the surveillance gear is providing unprecedented power to monitor and crush dissent -- a phenomenon that Ben Wagner of the European University Institute in Florence, Italy, calls “push-button autocracy.”

***** Government/Policy

South Korean government to come up with their own smartphone platform

Smartphone users will probably be more than familiar with brands such as Samsung and LG and possibly even Pantech, phone brands which have come out of South Korea. It appears that the South Korean government have decided to start developing their own open-source smartphone operating system.

What would you like to see most in minix?

I'm doing a (free) operating system (just a hobby, won't be big and professional like gnu) for 386(486) AT clones.

Finnish City of Kankaanpää Cuts Project Hardware Costs with Linux

Cabinet Office builds open source strategy on proprietary software

The Cabinet Office has chosen a proprietary software system to implement the keystone of its policy to create a level playing field for open source.

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

[US] Federal Circuit Rules Beauregard Claims are Unpatentable

Last week in Cybersource Corp. v. Retail Decisions, Inc. , the Federal Circuit panel of Judges Bryson, Dyk, and Prost overruled a large amount of precedent in holding that claims to computer-readable media are directed to non-patentable subject matter if the media contain code for methods that themselves are non-patentable subject matter.

Panasonic Ducks Samsung Antitrust Suit Over Patent Deal

The Patent Lawsuit Economy [Inforgraphic]

Judge Upholds German Preliminary Injunction; Final Ruling Sept. 9

The hearing regarding the preliminary injunction in the German Apple v. Samsung case is currently under way. Biggest revelation so far? Samsung is accusing Apple of 27 (!) cases of altering pictures, all done to make Samsung's products appear more similar to Apple's than they really are.

'What Idiot Wrote The Patent That Might Invalidate Software Patents? Oh, Wait, That Was Me'

Google Reports to Ct. on Reexam by USPTO: All claims of Oracle's '205 patent rejected.

Judge upholds DMCA safe harbor protection for MP3Tunes

In Capitol Records v. MP3Tunes, Inc. , District Judge William H. Pauley has ruled that the digital music locker business of MP3Tunes is protected from copyright infringement claims by the safe harbor provisions of the Digital Millenium Copyright Act.

When Are Patents Obvious?

Platform wars: software patents in a new light

The value of these patents is not in the technology. These prices are being paid for the power to block others from using technology they have developed independently.

Beware: Europe's 'unitary patent' could mean unlimited software patents

Just as the US software industry is experiencing the long-anticipated all-out software patent wars, the European Union has a plan to follow the same course. When the Hargreaves report urged the UK to avoid software patents, the UK government had already approved a plan that is likely to impose them.

Google: Just In Case [Motorola acquisition]

Google, I imagine, faces the reality that wars are often caused by undefended wealth, and that in many ways Android was/is undefended by patents when compared to the patent portfolios available to competitors.

RIAA Files Expected Appeal Over Judge's Decision To Decrease Jury Award In Jammie Thomas Trial

Now is when the case finally starts to get more interesting. The RIAA is actually challenging three parts from the three prior trials (as you may recall, the first two were tossed out).

Microsoft Says Motorola’s Android Phones Infringe Its Patents

MP3tunes Wins Copyright Case Against EMI, For The Most Part

More API Copyright Nonsense

Oracle now have amended their complaint to include this: Android includes infringing class libraries and documentation. Approximately one third of Android's Application Programmer Interface (API) packages . . . are derivative of Oracle America's copyrighted Java API packages . . . .

SIGGRAPH keynote review: Cory Doctorow discusses copyright laws

Google Takes on Lodsys Patents at USPTO

Late Friday, Google announced that it had filed inter partes patent reexamination requests against two of the now infamous Lodsys patents, 7,222,078, and 7,620,565.

BitTorrent users don't "act in concert," so judge slashes mass P2P case

Steele Hansmeier, the antipiracy law firm that has been routinely hammered by judges in Illinois, is now getting hammered by judges in California.

***** Applications/Gadgets

Remote access, share desktop and transfer files with TeamViewer

TeamViewer is excellent software for allowing the control of your computer from remote places, sharing the desktop and transferring the files between Teamviewer the computers or compatible devices all through the internet. TeamViewer is available not only for computer operating systems like Windows, Mac and Linux, but also for mobile operating systems like Android and iOS.

Gluster Goes After Hadoop Big Data

"GlusterFS 3. 3 brings two new protocols into the file system," AB Periasamy, CTO and co-founder of Gluster told InternetNews. com. "One of them is the object protocol so you can access the data as objects, similar to the Amazon S3 protocol. "

$25 PC alpha board successfully runs Linux

Late last month we reported that the $25 PC had gone into alpha production. That meant the spec of the board had been finalized by the Raspberry Pi Foundation, and they wanted hardware to start testing. Now they have an alpha board to play with.

***** Reports

Rapid7 Commits $100,000 to Open Source Security Projects

Any security-related open source project - with a preference for BSD-compatible licensing - is applicable and encouraged to submit a "Magnificent7" application.

Microsoft mounts campaign to win webOS developers

Combined with efforts to woo Android supporters who may be nervous about Google's plans for Motorola, the WP7 team has a busy few months ahead, but it has lost no time in targeting webOS refugees. It has announced a program to offer these developers free handsets, software tools and training in return for creating new WP7 applications.

VMware's open source doppelganger gets cloudy

Oracle Takes on VMware with Oracle VM 3.0

The Oracle VM is based on the open source Xen hypervisor. Oracle provides the VM for free and then charges enterprises for support contracts. While Oracle is providing its own value adds on top of Xen with the Oracle VM management layer, Hawley stressed that Oracle is committed to Xen.

Using Linux to Improve Energy Efficiency and Productivity

HEYU is designed to schedule lighting events based on time or dates provided by the end-user. Using inexpensive X10 components, a company is then capable of handling their lighting needs automatically. And unlike many tools that handle lighting for dawn/dusk events only, HEYU also allows for holiday schedules to be handled automatically. This is a very nice little bonus for a command line program.

Has Microsoft's Patent Deal with Novell Hurt Red Hat?

In November of 2006, Microsoft entered into a patent covenant and interoperability deal with Novell. In 2011, Microsoft has renewed and extended that deal to SUSE Linux, which was spun off from Novell as part of Attachmate's $2. 2 billion acquisition of the company.

Eucalpytus 3.0 Advances Private Cloud Availability

Mickos explained that in Eucalyptus 3. 0 there are now multiple controllers for high-availability. The controllers are web services that help to orchestrate the real time operation of a Eucalyptus cloud.

The HP TouchPad homebrew community is already alive and well,13267.html,2817,2391519,00.asp

I have only owned my TouchPad for a couple of days but am happy to report the TouchPad homebrew community is active and producing good stuff.

HP Touchpad running Android for sale on eBay

Microsoft to help sell Hyper-V infused Linux distro in China

Microsoft and China Standard Software Co. (CS2C), announced a deal -- complete with a "legal covenant agreement" -- through which CS2C's Linux-based NeoKylin Linux distribution will be matched with Hyper-V Open Cloud. Designed for cloud solutions in China, the offering would put Microsoft in the unlikely business of selling Linux.

Mozilla Launches WebAPI Effort to Free Apps from Vendor Chains

The WebAPI is part of Mozilla putting serious effort into mobile devices through its Boot to Gecko (B2G) initiative. With B2G, Mozilla is trying to reverse the trend of developers having to target multiple devices and mobile operating systems for development, rather than simply writing for the Web.

HTC unlocks its phones, but probably not just to irk Google

HTC views unlocked OSes as a way to encourage both ISVs and owners to get more involved developing apps and mods for the phones, according to an interview in the WSJ with HTC CEO Peter Chou.

How Open is Open? A PaaS Scorecard

In addition, most of these PaaS offerings were tied to a particular IaaS provider, creating lock-in for those that chose them. As a result, developers and users gravitated towards more open IaaS offerings that let them pick and choose stacks and languages to meet their particular needs.

***** Snippets

Google Music: Music in the cloud

First Look at Poseidon Linux, the Linux For Scientists

Twitter open sources Bootstrap web front-end toolkit

Linux 3.1 Kernel Draws More Power With Another Regression

Red Hat Enterprise Linux Server 5.7 review

Malware Targeting Android Jumps 76 Percent

Linux Hardware Support Better Than Windows 7

#LinuxCon: Linux 3.0.3 Released in front of Live Audience

Why Mozilla's Firefox Rapid Release Cycle Works and Why it Doesn't.

Motorola's Influence Wanes as Android's Share Strengthens,2817,2391575,00.asp

Android bakes bitter 20th birthday cake for Linux

How Free Software Contributed to the Success of Steve Jobs and Apple
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