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 #416 Period ending 6 September 2011

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

Apparently servers were hacked a few weeks ago. One of the article discusses how kernel patches are hashed so any changes can be determined. A fair bit of press on the new Samsung Galaxy Note.

Next week is the official launch of the Open Technology Foundation in Sydney:

For those of you interested in three strikes and ISP liability in AU, I have written a couple of draft articles arguing that important authorities cited in Moorhouse do not support the propositions for which they have been cited. In a second article I argue that the court's approach to the meaning of "relationship" is also not correct.

Details here:

>From my blog:

Verbatim distribution with attribution ok.

Other distribution - email me.



Brendan Scott

Open Source Law

***** Government/Policy

Open Source for America Awards

Australia's Defence Department in trial

According to iTNews (click here for the full story), the initiative was kicked off by Defence chief technology officer Matt Yannopoulos over the past year. However, it does not appear likely the initiative will immediately broaden into a wider rollout at Defence, with Yannopoulos noting it would be a major decision for the department, which has long been a Microsoft shop.

No Copyright Law: The Real Reason for Germany's Industrial Expansion?,1518,710976,00.html

Did Germany experience rapid industrial expansion in the 19th century due to an absence of copyright law? A German historian argues that the massive proliferation of books, and thus knowledge, laid the foundation for the country's industrial might.

The Problem with Medical Patents

Agency May Have Violated Law With Microsoft Contract, Judge Says

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

FFII-se reply to swedish justice department on unitary-patent-court.

The Swedish Association for a Free Information Infrastructure,FFII, has interest in innovation and growth in software. We are therefore pleased to be consulted on a new patent court.

Wi-LAN and Openwave File Patent Infringement Suits against Apple

Openware's CEO stated in a press release that "Openwave invented technologies that became foundational to the mobile Internet" and believes that large companies like Apple should pay them for the use of their technologies.

Microsoft weighs in on Mosaid-Nokia patent deal

Google Chairman Eric Schmidt Weighs In On Patent Issues: They’re ‘Terrible’

Super Troll Lodsys Stalks Blackberry App Developers

Obama and the Smartphone Wars

Patent litigation is a game created by government, and constructively so. But the game appears to be getting out of whack in the smartphone patent wars.

Software patents considered really harmful

Almost no one in the industry comes up with innovative solutions to problems by reading software patents from the last 20 years. They do it by implementing their own solutions or improving existing solutions.

Study of the Reversal Rates of Technically Trained Judges in Patent Claim Construction

Surprisingly, the collected data does not support the generally accepted premise that technically trained judges are better at claim construction than their non-technically trained peers.

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

Samsung Galaxy Note (hands-on)

I tried the device today and came away more impressed than I thought I'd be. The Galaxy Note has a nice screen, a fast dual-core processor, and works as an ordinary smartphone. I don't think it'll be a mainstream hit, but a certain niche might enjoy it.

Samsung Unveils Galaxy Tab 7.7 Android Honeycomb Tablet

Sony bets on quality with S and P Android Tablets

Sony is one of the last major manufacturers to jump into the tablet wars, but at least it's arriving in style. Today, Sony published all the details surrounding its two planned Android 3. 1 tablets, originally codenamed S1 and S2.

Citrix CloudStack Shifts to Single GPLv3 Flavor

Just under 50 days after their acquisition of IaaS provider Cloud. com, Citrix has announced at VMworld today a new release of CloudStack, a release that will be completely open sourced.

***** Reports

HP's webOS may yet live (but probably not with HP)

Maybe all those people buying up $99 TouchPads since HP announced it was killing off its webOS mobile software business are getting more than they bargained for.

The People Shaping the Future of Linux

We recently announced the winners of the first-ever Linux Foundaiton Linux Training Scholarship Program. During the month of September, we'll be sharing their stories with you.

Security breach on

Earlier this month, a number of servers in the kernel. org infrastructure were compromised. We discovered this August 28th. While we currently believe that the source code repositories were unaffected, we are in the process of verifying this and taking steps to enhance security across the kernel. org infrastructure.

Red Hat goes for OpenStack's community jugular

Red Hat has chosen to announce its new cloud management software Aeolus with a fresh spin of being more community-oriented than Aeolus' competitor, OpenStack.

Gluster Founder Details Data Management Strategy

Overall the use case for Gluster in Periasamy's view, is to solve storage problems that people have been grappling with for years. Perisamy said that companies are asking for a Google-style storage approach where a scale-out filesystem is needed that can run on commodity hardware.

Intel pulls MeeGo plug?

Intel may be pulling out of MeeGo development, if rumors coming out of Taiwan this morning are true. If that's the case, this will be the second Linux-based mobile platform dropped by its primary corporate sponsor in less than a month's time.

Why a $25 PC? Because it's the price of a textbook

It’s an Android future, with or without Google: Android Fragmentation

Samsung Presses Ahead on Android

Samsung Electronics Co. has shrugged off early court losses in patent disputes with Apple Inc. , apparently confident that it will be able to navigate around them.

Apple Cries About Samsung and Motorola's Patent "Monopoly"

Meanwhile Apple is trying to ban Android smart phones and tablets from the market with lawsuits.

The cracking of

Mobile patent wars and Linux in context

HP plans one last production run for the TouchPad

"Since we announced the price drop, the number of inquiries about the product and the speed at which it disappeared from inventory has been stunning," HP said in a blog post on Tuesday. "Despite announcing an end to manufacturing webOS hardware, we have decided to produce one last run of TouchPads to meet unfulfilled demand," HP said.

***** Snippets

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

Red Hat's biggest enemy? VMware

Linux 3.0.4

VMware Expands vFabric with Postgres Database

Firefox 6: A Firefox too far? (Review)

Red Hat Enterprise Linux 7 Begins to Take Shape

As Linux Moves Into a New Decade, Companies Look for Linux Talent

Open source is illegal?

SCO Loses Again, Original Verdict Upheld

Can Linux Compete in Tablets?

Linux at 20: New Challenges, New Opportunities

Don’t be an idiot

Chromebooks Live!

Will Solaris 11 Debut at Oracle OpenWorld 2011?

Appsfire Announces Open Source UDID Replacement For iOS: OpenUDI

James Gosling Leaves Google - Can He Come to JavaOne Now?

GPLv3 is not enough to protect our constitutional communication rights

Why is Google Chrome OS ready for Prime Time

We won and we didn't notice - a conversation with Jeremy Allison of Samba

Samsung Electronics Would ‘Never’ Pursue Purchase of WebOS, Says CEO Choi

Google Defends Against Oracle Copyright Case

Red Hat Expands Customer Involvement in Red Hat Enterprise Linux 7 Development

Mozilla unveils new Firefox for Tablets with improved user Interface

Google: Have They Just Been Very Clever Indeed Over Motorola Mobility?

Default to open: The story of open source and Red Hat
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