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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 #424 Period ending 4 November 2011

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

Remember: OSIA AGM in Canberra 14 November.

A large number of IP related stories this week, including in relation to SOPA which creates wide ranging powers to seize domain names. More on secure boot and the UK cabinet office has published a paper on open source procurement. Apple has patented the idea of a slide latch applied to a mobile device.

Check my Posts on Authorization in AU/iiNet:

*From my blog:

Verbatim distribution with attribution ok.

Other distribution - email me.



Brendan Scott

Open Source Law

***** Other

Every step you take: Euclid helps merchants follow your moves

What makes this possible is the ubiquity of smart phones. Euclid outfits a shop with a sensor--it looks like a tiny router that Apple would make--that picks up the signal of any smart phone within 60 yards. So long as your phone is Wi-Fi enabled--and whose isn't?--the sensor knows you're there.

***** Off Topic

Chaos Computer Club analyzes government malware

The malware can not only siphon away intimate data but also offers a remote control or backdoor functionality for uploading and executing arbitrary other programs. Significant design and implementation flaws make all of the functionality available to anyone on the internet.

***** Government/Policy

Why OpenMAMA is the Future of Open Source

Make no mistake about it, OpenMAMA isn't about any kind of altruistic Free Software zeal, OpenMAMA will help the financial services companies to make money. Instead of going to a standards body, these vendors have decided that open source is what makes the standard.

U.S. government also a villain in piracy act story

...the House delivered SOPA, which would let content owners bypass cops, courts, and any semblance of due process, and "disappear" entire Web domains like some kind of privatized secret police force.

The right to dual-boot: Linux groups plead case prior to Windows 8 launch

Red Hat, Canonical and the Linux Foundation have laid out a set of recommendations for hardware vendors in hopes of preserving the ability to install Linux on Windows 8 machines. Windows 8 machines should ship in a setup mode giving users more control right off the bat, the groups argue.

Cabinet Office publishes open source procurement toolkit

The document on cost of ownership advises taking into account issues around acquisition – such as purchase price, licences and integration – operation and management – including migration, upgrades, support services, training and software scaling – and end of life management.

Linux Heavyweights Develop Secure Boot Strategy

The UEFI specification for secure boot does not define who controls the boot restrictions on UEFI platforms, leaving the platform implementer in control of the exact security model. Unfortunately, Microsoft’s recommended implementation of secure boot removes control of the system from the hardware owner, and may prevent open source operating systems from functioning. The Windows 8 requirement for secure boot will pressure OEMs to implement secure boot in this fashion.

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

Mayo v. Prometheus: the Patentee’s Section 101 Argument

Prometheus asks: "Whether the Federal Circuit correctly held that concrete methods for improving the treatment of patients suffering from autoimmune diseases by using individualized metabolite measurements to inform the calibration of the patient's dosages of synthetic thiopurines are patentable processes under 35 U. S. C. §101. "

Can Apple really sue Google or Microsoft for using its patented sliding on/off switch?

“However,” Carey continued, “The Apple patent claims refer to a touch screen, which is not what the device in the video contains. Nonetheless, applying the same technique to a touch screen would seem obvious. Hence, invalidity. (The priority date on the patent is 12/23/2005, which comes after the date of the Neonode N1m. )”

Microsoft attorney outlines Android patent tactics type=tech&ao=all

It's an ugly process, but it's normal and necessary, he said. Without patent protections, companies don't have the incentive to spend years and millions developing new products. [compare Microsoft/Oracle/IBM testimony to Congress against patents when they actually were innovative]

Google Apps helps clients and attorneys collaborate at California law firm

Today our guest blogger is Dirk Marshall, IT Manager for the City of Mesquite, Nevada. We’ll hear from Dirk on the benefits the city is enjoying by migrating 180 users to Google Apps.

Copyright bill controversy grows as rhetoric sharpens

That will surely please the fans who launched the thoughtfully-illustrated FreeBieber. org Web site, which warns that "Justin faces 5 brutal years in prison" thanks to proposed copyright law changes.

End the Patent Wars

The case in question, Classen Immunotherapies v. Biogen IDEC, concerned the timing of childhood vaccinations and the affects on a child's future risk of contracting certain disorders such as diabetes. Classen obtained a patent for testing an immunization schedule against a control group and for using the test results to adjust the immunization of patients. That is, in the words of the dissenting judge, Classen sought to "monopolize the process of discovery itself. "

Apple vs AppleADay

There is a small restaurant in Luxembourg City called appleaday. I would say there are about 20 chairs in this restaurant. Find more Images here. Started by three young motivated people the restaurant has recently been “attacked” by Apple Inc. Why?, Because of the name “appleaday” vs. “apple” and in a second place beacause of the Logo.

Linus Torvalds: Software and Process Patents Don't Make Sense

I think copyrights, and especially patent disputes, get really nasty really quickly. Especially on patents, it's like winner take all on completely insane grounds - there is no middle ground. You either win or you lose.

The DRM graveyard: A brief history of digital rights management in music

There are more than a few reasons digital rights management (DRM) has been largely unsuccessful. But the easiest way to explain to a consumer why DRM doesn't work is to put it in terms he understands: "What happens to the music you paid for if that company changes its mind?"

Ongoing Battles over Patentable Subject Matter

The patent claims a method of distributing copyrighted products (such as a movie) over the internet. The novel idea is that the copyrighted product be both (1) offered for sale and (2) delivered for free if the consumer agrees to view an advertisement.

Joining forces against Lodsys patents: Our response to Lodsys

The following letter was sent as registered mail with record of delivery on the 19th of October 2011. A copy of the letter was sent by email to Mark Small CEO of Lodsys LLC.

German court grants injunction against Apple for infringement of Motorola patents

According to FOSS Patents this is a default judgment, meaning Apple did not respond to Moto's filing and as a result got hit with the injunction, which could result in its products being pulled or the company being required to pay damages. And so the saga continues. . . Dust off the pocket translator and hit up the source link for the full ruling in German. Update: We just got the following statement from Apple regarding the ruling: "This is a procedural issue, and has nothing to do with the merits of the case. It does not affect our ability to sell products or do business in Germany at this time. "

Steve Jobs' legal war on Google, Android rages on,0,1939553.story?track=lat-pick

Steve Jobs' legacy at Apple Inc. goes well beyond cool gadgets, a thriving retail chain and a music empire. He also launched the company's all-out legal war on Google Inc. In the last months of Jobs' life, Apple unleashed a patent-suit blitzkrieg on its Silicon Valley rival, filing 10 lawsuits in six countries that accuse the Internet search giant of stealing its smartphone and tablet computer technology.

EU Antitrust Authority Investigates Samsung's Use of Patents Against Apple

Samsung has sued Apple in five E. U. countries alleging infringement of its patents on 3G mobile technology. The European Commission will now consider whether the South Korean company is abusing the principle of fair, reasonable and non-discriminatory (FRAND) licensing in these cases.

Joel Tenenbaum moves for rehearing en banc

In SONY BMG Music Entertainment v. Tenenbaum, the defendant has filed a petition for rehearing en banc (i. e. , a hearing before the full court, instead of just 3 judges).

Spanish Firm Wins Tablet Case Against Apple

A small Spanish company has won a legal case against Apple Inc. and will now be able to sell a tablet computer that the U. S. technology giant had claimed infringes on the iPad patent.

Marshals ordered to seize Righthaven assets

Righthaven has refused to pay and has said it faces bankruptcy if a creditor like Hoehn tries to seize its assets. The company has said it’s low on cash because the problems with its litigation campaign have reduced lawsuit settlement revenue. But even as the company has refused to pay Hoehn, it has continued paying attorneys to litigate other cases in Nevada, Colorado and South Carolina.

***** Applications/Gadgets

New $89 open-source hardware runs full Linux OS

The BeagleBone runs a full version of Linux and a full-featured web server, BeagleBoard said in a statement. The board is based on Texas Instruments' $5 Sitara AM335x ARM Cortex-A8 processor, which can deliver 720MHz of performance.

Infoblox Accelerates DNS (Linux-powered)

The Infoblox-4010 DNS appliance is all about helping service providers deliver DNS services at scale. The new appliance can service more than 200,000 DNS queries per second, according to Infoblox. When clustered together with multiple appliances the system can scale up to as many as 3 billion DNS queries per second.

IBM Open Sources Messaging Client for Embedded Devices

IBM has donated the source code of its machine-to-machine messaging software to the Eclipse Foundation, the company announced Thursday.

***** Reports

Ubuntu Linux heads to smartphones, tablets, and smart TVs

It turns out it wasn’t just the technical pieces. Shuttleworth told me that they “had been talking to partners for eighteen months” about bring Ubuntu to smartphones and tablets.

Open core or dual licensing? The example of MySQL

The latest manifestation of this phenomenon is the claim by Monty Widenius that Oracle is moving MySQL, which has been available for many years under a dual licence, to an "open core" model of development.

Wall Street Won't Share the Wealth, But It Will Share the Code

By abandoning the profit motive and moving to open source its code, NYSE Technologies aims to make even more money

Mobile open source startup Modo Labs lands $4M

Modo Labs, a developer of an open source mobile platform, has pulled in $4 million in funding from Storm Ventures and New Magellan Ventures. The Cambridge startup said in a news release that it plans to use the backing to support its mobile product offerings built on its Kurogo open source platform.

Microsoft contributes open-source code to Samba

Since Samba began in 1992, Microsoft has been well, less than happy, with its server rival. But, every since Microsoft lost an anti-trust case in the European Union and was forced to open its network protocols to Samba in 2007, Microsoft has ever so slowly been getting along better with Samba.

Open Hardware Journal - First Edition

Although I Programmer is first and foremost a programming magazine, we can't ignore the hardware. Open source software has been a well known idea, and something of a success, for decades, open source hardware is relatively new. You can say that open source hardware was born out the of the "maker" movement, but for such an obvious idea it has been slow to take off. The one big notable exception being the Arduino.

Negroponte: We'll Throw OLPCs Out of Helicopters to Teach Kids to Read,2817,2395763,00.asp#fbid=yj2DHk4jyPG

"We will literally take tablets and drop them out of helicopters," and return a year later to see if the effort was a success, Negroponte said. A new tablet design can withstand a 30-foot drop, and even be left out in the rain.

***** Snippets

Mozilla's Brendan Eich on JavaScript - and Microsoft Buying Netscape

Shuttleworth: Linux Power Users Aren't too Cool for Unity

GoAccess - Visual apache/Nginx log analyzer

Ruby 1.9.3 arrives with licence change

CFEngine 3 Nova Unveiled

Never say die: why HP should open up webOS instead of killing it

Students could save millions on open source texts

What Open Source Can Learn From Steve Jobs, Part 2

OpenBSD 5.0 Released

Ubuntu One for Windows Bringing new users to Linux?

Fedora 16 is Coming With Big Changes

Stallman parody site catches Stallman's attention

Ubuntu Desktop Designers: ‘Unity Should Be Configurable’

Fedora to simplify filesystem hierarchy

Eclipse Turns 10

Pentaho Business Analytics Gets an In-Memory Boost

jQuery 1.7 Released

Yet Another Misinformed Swipe At Open Source and Linux

Where native Linux app development stands

Questions remain over $25 Raspberry Pi
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