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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 #422 Period ending 24 October 2011

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

There is a petition out against "secure boot" being run by the FSF. Android 4 is out as is its sister product, the Galaxy Nexus. In Off topic news, the EU is debating whether to go Stasi on everyone's computer usage to protect the children.


Check my Posts on Authorization in AU/iiNet:
http://brendanscott.wordpress.com/2011/09/01/iinet-the-history-of-authorization-and-sanction-approve-countenance/
http://brendanscott.wordpress.com/2011/09/07/iinet-authorisation-and-the-nature-of-the-relationship-under-1011ab/

*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


EU Parliament Debates Installing A Black Box On Your Computer
http://activepolitic.com:82/News/2011-10-19d/EU_Parliament_Debates_Installing_A_Black_Box_On_Your_Computer.html

He proposes an early warning system of criminal activity, specifically whenever an image of sexually abused children is detected, an alarm, goes to the authorities to be able to see who uploaded it.

***** Government/Policy


Going From "Ow" To "Wow" In Open Source
http://www.efytimes.com/e1/creativenews.asp?edid=71496

Lots more is still left to be done. We need to visit schools and colleges to ensure that all young minds are familiar with Linux. In schools, computer learning is restricted to Windows. My 10-year-old comes home and wants to practice on MS Word. And I don't have a single computer with Windows at home. How can we let this happen to our kids? We need to get more pro-active at the school level and advocate the useage of Linux instead of Windows.


Free Software Foundation urges OEMs to say no to mandatory Windows 8 UEFI cage
http://www.zdnet.com/blog/open-source/free-software-foundation-urges-oems-to-say-no-to-mandatory-windows-8-uefi-cage/9770
http://ostatic.com/blog/in-the-windows-8-vs-linux-debate-a-windows-pundit-makes-a-great-point
http://www.fsf.org/campaigns/secure-boot-vs-restricted-boot/

If you buy Microsoft’s explanation for the company requiring a version of UEFI (Unified Extensible Firmware Interface) on PCs that can run Windows 8, it’s there to protect users from next-generation malware. If you think that’s the only reason for the UEFI to be in there, I have a nice bridge in Brooklyn to sell you.


How Diaspora Found Its Tiger Stripe in the Midst of a Paypal Fiasco
http://blog.diasporafoundation.org/2011/10/19/how-diaspora-found-its-tiger-stripe-in-the-midst-of-a-paypal-fiasco.html

Now, for the bad news… We had raised $45,000 in just a few days, and then PayPal froze our account.


A tech-savvy U.S. senator comes to Silicon Valley
http://venturebeat.com/2011/10/18/an-tech-savvy-u-s-senator-comes-to-silicon-valley/

Essentially, Wyden is a champion of privacy, liberty, and innovation at a time when fear is driving limitations on these matters.


USPTO to Conduct Studies
http://ipwatchdog.com/2011/10/18/uspto-to-conduct-studies-of-prior-user-rights-and-international-patent-protection-for-small-businesses-per-america-invents-act/id=19879/

“Public participation in both the Prior User Rights Study and the International Patent Protection Study is necessary to assist the agency in preparing for Congress the most informed and accurate report possible. ”

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


Preparing for Mayo v. Prometheus Labs
http://www.patentlyo.com/patent/2011/10/guest-posts-preparing-for-mayo-v-prometheus-labs.html

In Mayo Collaborative Services v. Prometheus Laboratories, Inc. , the U. S. Supreme Court looks to address questions of whether and when certain types of medical methods are patentable subject matter. Prometheus specifically involves methods for optimizing patient treatment in which the level of a drug metabolite is measured and a measured level above or below a recited amount "indicates a need" to decrease or increase dosage levels.


Court Rejects Righthaven's Attempt To Stall About Paying Legal Fees
http://www.techdirt.com/articles/20111019/10474816415/court-rejects-righthavens-attempt-to-stall-about-paying-legal-fees.shtml

We recently wrote about Righthaven trying to get the appeals court to drop the requirement that it put up a $34k bond to cover legal fees owed in the Hoehn case, as it argued it needed the money for its other cases. The appeals court didn't buy the argument.


Google vs. Oracle trial delayed, but it’s no threat to Android, spokesperson says
http://venturebeat.com/2011/10/19/oracle-google-lawsuit-trial/
http://www.reuters.com/article/2011/10/19/oracle-google-lawsuit-idUSN1E79I1DE20111019
http://www.courthousenews.com/2011/10/18/40714.htm

Also, the U. S. Patent and Trademark Office (USPTO) is still in the process of reexamining the patents and claims in question.


How A Texas Dog Park Became A New Front In America’s Patent Wars
http://paidcontent.org/article/419-how-a-texas-dog-park-became-a-new-front-in-americas-patent-wars/

Thanks to their reputation for friendly juries and fat verdicts, several east Texas towns including Longview have over the years become go-to venues for patent plaintiffs looking to extract millions of dollars from major companies.


Viacom, Google clash in court
http://www.variety.com/article/VR1118044661

Viacom sought to reverse a lower court ruling in favor of YouTube on Tuesday, arguing before a federal appellate court that the video site's success was built on unlicensed content from its own copyrighted content such as "The Daily Show" and "South Park. "


Samsung v Apple
http://www.businessweek.com/news/2011-10-18/samsung-gets-some-apple-smartphone-patent-claims-dismissed.html

The iPhone maker’s claims that Samsung misrepresented its intent to license certain patents on fair terms was dismissed and Samsung’s request to throw out some of Apple’s antitrust claims was granted in a ruling today by U.S. District Judge Lucy Koh in San Jose, California. Koh said Apple can amend its complaint to revive Koh didn’t rule on Apple’s request to block Samsung from selling its Galaxy line of mobile devices in the U.S. based on claims they violate Apple patents. - BusinessWeek


The smartphone patent wars
http://www.ft.com/cms/s/2/de24f970-f8d0-11e0-a5f7-00144feab49a.html#axzz1bA8rIMrX

In the graphic below, click on a company’s logo to see details of its patent lawsuits and licensing agreements, and then click again for details of individual cases.

***** Applications/Gadgets


Free Metasploit Community Edition released
http://net-security.org/secworld.php?id=11800

Zend Debuts PHPcloud
http://www.serverwatch.com/server-news/zend-debuts-phpcloud.html

ownCloud 2: Your Personal Cloud Server
http://www.webupd8.org/2011/10/owncloud-2-your-personal-cloud-server.html

ownCloud is a free software alternative to some proprietary web services and it currently includes file management (with built-in file sharing), music streaming, calendar, contacts and more - all running on your computer or server. .


Samsung Unveils The Galaxy Nexus, The First Phone To Run Android Ice Cream Sandwich
http://www.businessinsider.com/galaxy-nexus-ice-cream-sandwich-announcement-2011-10
http://www.engadget.com/2011/10/18/samsungs-galaxy-nexus-gets-official-android-4-0-4-65-inch-hd/
http://mashable.com/2011/10/18/google-launches-android-ice-cream-sandwich-os/

Samsung and Google showed off the Galaxy Nexus, the first phone to run Android Ice Cream Sandwich.


Brilliant: This Android app lets blind users type on a touchscreen
http://thenextweb.com/apps/2011/10/18/brilliant-this-android-app-lets-blind-users-type-on-a-touchscreen-video/

We spoke to Daftery after looking at the demonstration above and he had some more information to share with us. For starters, the app will support not just the 26 letters of the alphabet but also some special characters like whitespace, backspace and newline. To enable it to be used with any application on the system, he is trying to get it to work as an alternative keyboard, which he can then distribute via the Android Market.


Microsoft Contributes Biology Project to Open Source
http://www.eweek.com/c/a/Linux-and-Open-Source/Microsoft-Contributes-Biology-Project-to-Open-Source-376424/

Microsoft has contributed its . Net Bio project to the Outercurve Foundation, a software IP management and project development governance organization for open-source efforts.


Willow Garage Continues to Advance Open Source Robotics
http://ostatic.com/blog/willow-garage-continues-to-advance-open-source-robotics

Now, approximately 25 institutions are developing robotics applications on Willow Garage's open platform.

***** Reports


Android 4.0 Ice Cream Sandwich: everything you need to know
http://www.techradar.com/news/mobile-computing/android-4-0-ice-cream-sandwich-everything-you-need-to-know-954464
http://www.zdnet.com/blog/open-source/android-40s-five-best-new-features-for-users/9781
http://developer.android.com/sdk/android-4.0-highlights.html
http://download.cnet.com/8301-2007_4-20124010-12/ice-cream-sandwich-makes-tough-security-taste-better/

The company says 4. 0 is a complete rethink of Android's image and is part of a push to make the OS "Enchant me, Simplify My Life, and Make Me Awesome. "


OpenSim considering patent protection
http://www.hypergridbusiness.com/2011/10/opensim-considering-patent-protection/

OpenSim developers are discussing ways to combat damaging patent litigation, including changing the OpenSim license to deter potential patent trolls.


Big Data, MapReduce, Hadoop, NoSQL: The Relational Technology Behind the Curtain
http://www.enterpriseappstoday.com/business-intelligence/big-data-mapreduce-hadoop-nosql-1.html

Hadoop has its limits for Big Data analytics – and relational databases may have more of a future than you think.


Google's mobile chief on Microsoft's 'dangerous' moves
http://www.techflash.com/seattle/2011/10/google-mobile-head-on-microsofts.html

In contrast, Rubin said the Android operating system is an open one that customers can adapt to their own purposes. Amazon recently did so with its new Kindle Fire tablet, hiding the Android OS under its own interface, which Rubin said is “fine for Google. ”


Sony Ericsson bringing Ice Cream Sandwich to Xperia handsets
http://www.engadget.com/2011/10/20/sony-ericsson-bringing-ice-cream-sandwich-to-xperia-handsets/

Yesterday, in a post on its Facebook page, Sony Ericsson's Dutch branch stated that it will indeed upgrade its Xperia lineup to the latest Android OS, though it didn't offer any details on release dates.


How an extinct zebra could upend the networking market
http://gigaom.com/cloud/how-an-extinct-zebra-could-upend-the-networking-market/

Quagga is an open-source routing daemon that is named after an extinct African zebra. The code been languishing without an organized community, but it’s also something vendors large and small are playing with.

***** Snippets


Linux 3.0.7 Released
http://article.gmane.org/gmane.linux.kernel/1204318

Apache Disavows Team OpenOffice.org e.V.
http://www.itworld.com/it-managementstrategy/213997/apache-disavows-team-openofficeorg-ev

Is Ubuntu Becoming a Poor Man's OS X?
http://www.datamation.com/open-source/is-ubuntu-becoming-a-poor-mans-os-x-1.html

Linux 3.1 rc10
http://www.linuxtoday.com/developer/2011101900141NWKNSM

Open source jobs: What's hot, where to look, what to learn
http://www.itworld.com/it-managementstrategy/214031/open-source-jobs-whats-hot-and-where-look

If Android 'Feels Wrong' then I don't want to be right
http://www.zdnet.com/blog/perlow/if-android-feels-wrong-then-i-dont-want-to-be-right/19071

Which Ubuntu Variant is Right For You?
http://www.datamation.com/open-source/which-ubuntu-variant-is-right-for-you-1.html

At Home With AV Linux
http://www.linuxjournal.com/content/home-av-linux

The importance of Google Dart
http://opensource.com/business/11/10/importance-google-dart

Ubuntu Hardware Summit 2011 Announced
http://news.softpedia.com/news/Ubuntu-Hardware-Summit-2011-Announced-228240.shtml

Anti makes wardriving child’s play with a rooted Android phone
http://www.geek.com/articles/mobile/anti-makes-wardriving-childs-play-with-a-rooted-android-phone-20111017/

Open Secret: Cisco Site Shares Privacy Approach
http://www.abajournal.com/magazine/article/open_secret_cisco_site_shares_privacy_approach/

Is Patent Expert/Blogger Florian Mueller Getting Too Cozy With Microsoft?
http://paidcontent.org/article/419-is-patent-expertblogger-florian-mueller-getting-too-cozy-with-microsoft/

EU court bars stem cell patents when embryos destroyed
http://www.reuters.com/article/2011/10/18/idUS320444761020111018

HP TouchPad gets webOS 3.0.4 update, now able to answer calls from non-webOS phones
http://www.engadget.com/2011/10/18/hp-touchpad-gets-webos-3-0-4-update-now-able-to-answer-calls-fr/

How to install Android on the HP TouchPad
http://www.pcpro.co.uk/features/370558/how-to-install-android-on-the-hp-touchpad

Blackberry Playbook 2.0 OS Leans Heavily on Android
http://www.cnet.com/8301-17918_1-20122001-85/blackberry-playbook-2.0-os-leans-heavily-on-android/

Cloud, open source, and new network models
http://news.cnet.com/8301-19413_3-20121638-240/cloud-open-source-and-new-network-models-part-2/

Canonical Extends LTS Desktop Support, Shuffles Org Chart
http://www.internetnews.com/blog/skerner/canonical-extends-lts-desktop-support.html

Prefer Open Source? Join the Crowd
http://www.pcworld.com/businesscenter/article/242300/prefer_open_source_join_the_crowd.html
---
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