Brendan Scott
+61 414 339 227

lists at
Linked In Profile

OSWALD Newsletter Archives (by issue #, click to view)

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.

[508] [507] [506] [505] [504] [503] [502] [501] [500] [499] [498] [497] [496] [495] [494] [493] [492] [491] [490] [489] [488] [487] [486] [485] [484] [483] [482] [481] [480] [479] [478] [477] [476] [474] [473] [472] [471] [470] [469] [468] [467] [466] [465] [464] [463] [462] [460] [459] [458] [457] [456] [455] [454] [453] [452] [451] [450] [449] [448] [447] [446] [445] [444] [443] [442] [441] [440] [439] [438] [437] [436] [435] [434] [433] [432] [430] [429] [428] [426] [425] [424] [423] [422] [421] [420] [419] [418] [417] [416] [415] [414] [413] [412] [411] [410] [409] [408] [407] [403] [389] [378] [375] [374] [373] [372] [371] [370] [369] [368] [367] [366] [365] [364] [363] [362] [361] [360] [359] [358] [357] [356] [355] [354] [353] [352] [351] [350] [349] [348] [347] [346] [345] [344] [343] [342] [341] [340]

OSWALD #426 Period ending 23 November 2011

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

Last week's news today! I was away in the week of the 14th. This is part of the catching up. The main IP news (which has been a little down) this week is the up and coming SOPA Act in the US. This Act is intended to allow companies alleging infringement to bypass normal judicial procedure in respect of their targets. There are also a few more stories about the retirement of Adobe's Flex.

At the OSDC conference dinner Jon Oxer had a really interesting talk about 3D printers. One striking example he gave was in relation to assault rifles in the US. Apparently the sale of these guns is regulated by controlling a certain part called the "lower receiver". All other parts can be obtained anonymously through mail order, except for this one lower receiver part. You might have guessed it, people are now printing functional lower receivers on their own 3D printers bypassing the regulation.

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

***** Off Topic

Novell-Microsoft trial at critical juncture

Novell had purchased WordPerfect and other software programs in 1994 in order to compete head-to-head with Microsoft. It claims Gates’ decision to withdraw the previously promoted features of Windows 95 was meant to try to give Microsoft time to develop its own programs such as Word and the spreadsheet Excel and, ultimately, to help it maintain its monopoly in computer operating systems.

***** Government/Policy

Piracy bill could waylay FLOSS projects

A copyright holder need only accuse a website of infringement, and the search engine, advertisement, and payment system would be cut off in five days. The DNS filtering would still need the involvement of the Department of Justice to get that court order, but again, there would be no need to prove anything to obtain such an order from a judge.

Barnes & Noble reveals Microsoft's Android patents in detail

Barnes & Noble has done the world a tremendous favor, by pulling aside the curtain and revealing Microsoft's patent campaign tactics against Android in lurid detail.

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

GPL upheld in Berlin case

A manufacturer of DSL routers has lost a case against a maker of web-filtering software in a Berlin court. The case revolved around the GNU General Public Licence.

Patent Misuse - Exploring the Basics

Once a patent infringement suit is initiated, the alleged infringer, in order to successfully rely upon the patent misuse defense, must “show that the patentee has impermissibly broadened the ‘physical or temporal scope’ of the patent grant with anticompetitive effect. ”

Samsung’s 10.1N Apple-sidestep slate gets German fondle

The big difference is the bezel: Apple claimed that part of the iPad’s distinctive appearance was the edge-to-edge glass and minimal metal seen around it. Samsung has thickened the metal section on two of the edges, as well as pivot the stereo speakers around to face more forward than sideways.

Tech Giants Weigh in On USPTO Post Grant Rule Making Effort

As a practical matter, the new thresholds should not necessarily produce a higher rejection rate than that which resulted under the “substantial new question” threshold for inter partes reexamination. Although some have described the new thresholds as “elevated,”^ the difference is one of kind and not of degree.

***** Applications/Gadgets

NETGEAR Expands Entry-Level Network Attached Storage (Linux-powered)

The ReadyNAS Duo and NV v2 boxes both now include the ReadyNAS Remote mobile app that runs on Apple iOS as well as Android to deliver secure remote access.

Aruba Advances Instant Enterprise WLAN (Linux-powered)

Aruba Instant is a controller-less architecture for WLAN, enabling enterprises both large and small to more rapidly deploy wireless networks.

Fingerprint recognition firmware released, including an open source 'extractor' package

DigitalPersona is shipping Linux- and Android-ready fingerprint recognition software for biometric and mobile device manufacturers.

Open Source WYSIWYG Visual Editor for UI Mockups

Maqetta is an open source project that provides WYSIWYG visual authoring of HTML5 user interfaces. The Maqetta application itself is authored in HTML, and therefore runs in the browser without requiring additional plugins or downloads

Nook Tablet Review (Video): Editor’s Choice

This week the Bookseller released an update to that device: the Nook Tablet. This $249 slate still doesn’t have camera, GPS or Bluetooth. It does have a dual-core processor, a lighter case and better software. Oh, and it’s a media tablet now.

***** Reports

All bets off as Flex put out to pasture

The product's governance will be moved from Adobe to an unspecified open-source foundation; the project's leaders will include some of the Flex SDK engineering team, along with developers from the Flex community; Adobe will contribute to Flex, but the guidance of the project rests in the new governance committee; the roadmap has been torn up, with the new committee to decide the framework's direction.

Five years of open-source Java: Freedom isn't (quite) free

Java co-creator James Gosling certainly thinks so - although he didn't seem entirely open to the idea in the early days. Gosling told The Reg that putting Java under the GPL has helped unify what was a fractured community while making the code freely available has helped uptake from a grassroots up.

So Oracle - Are you Supporting Linux or Unix?

Oracle is in an interesting position. It is now a supporter of both Linux and Unix with their own Oracle Enterprise Linux and Solaris Unix operating systems. This past week, Oracle released Solaris 11 their first official Unix release and it made me wonder if the new Solaris is changing Oracle's position on Linux.

15+HTML5 Video Player Open Source Download

In addition to having a built-in player, browsers also give website developers access to the video functionality through a jQuery API. This allows developers to build custom video player controls or other interfaces, that utilize the browser’s core video functionality html5 video controls

Red Hat Expands OpenShift PaaS for Cloud Development

When it comes to the cloud, simply using the cloud for deployment isn't always enough. The cloud can also be used for application development as well, which is the direction that Red Hat's OpenShift Platform-as-a-Service (PaaS) offering is now going.

The Linux Foundation Announces Four New Members from Around the Globe

The Linux Foundation, the nonprofit organization dedicated to accelerating the growth of Linux, today announced that four companies are joining the organization: DENSO Corporation, Integrated Computer Solutions (ICS), ProFUSION Embedded Systems and Savoir-Faire Linux.

Network Infrastructure Startup Vyatta Raises $12M

Network infrastructure startup Vyatta has raised $12 million in new funding led by HighBAR Partners with JPMorgan, Arrowpath Venture Partners and Citrix Systems participating. This brings Vyatta’s total funding to more than $45 million.

Big Data Attracts Big Money

"What is driving this market is the change in the shape of the largest datasets that businesses of all sizes are going to use," Artale said. "In the past, data was rows and columns, things that were akin to spreadsheets, names, addresses and records for sales. Now the shape of the data is so much different. "

60 Days as a Linux user by a recovering Windows Guy.

It’s been my primary machine since I started at Mozilla two months ago and I have to say that I’m surprised at how painless the transition has been. I have not HAD to use my Windows box for ANYTHING in that 60 days.

Android activations reach 200 million

The number of Android devices that have been activated has doubled in just six months.

Motorola Mobility Shareholders Approve Google Acquisition

Motorola Mobility said Thursday that its shareholders voted overwhelmingly in favor of the proposed acquisition of the company by Google.

***** Snippets

Evolution of the Linux kernel source code tarball size

Apache Mahout: Scalable machine learning for everyone

Linux 3.2 rc2

Where Linux crushes Windows likes a bug: Supercomputers

Ubuntu's Tablet Ambition: Doomed to Fail

OpenSUSE 12.1 Gets Snappy Release

Taking oVirt for a Spin

Native UI for Firefox on Android

Has Linux dropped off the face of the Earth?

Managing Live and Offline Migrations with Linux's KVM

Kernel Log: Coming in 3.2 (Part 1) - Networking

The Richard Stallman saga, redux

Google’s Brin answers Wikipedia’s Wales, gives $500,000 through foundation

Wildeboer: "Apple uses OGG speex for Siri"

Rupert Goodwins on simple pleasures

Interview with Andrew Tanenbaum

Google Tells Congress: Financial Embargo Of WikiLeaks Shows How To Deal With Web Piracy

HP Names Activist Whitworth to Board

Top Calif. Court Backs Prop 8 Supporters, Says They Have Standing to Pursue Same-Sex Marriage Ba

Creative Commons at WIPO

Costco Prevails in First Sale Case Thanks to Copyright Misuse

Artists sue CBS for providing P2P software

Antitrust Law Basics: A Primer on Patent and Copyright Misuse

Rambus Loses Antitrust Case

Microsoft Shareholder Meeting Transcript [doc.x file]

Sluggish stock price overshadows Ballmer's message at Microsoft meeting

Look out! Here comes Apple's killer location-services patent

New openSUSE heads for cloud, virtual markets

Samsung Modifies to Avoid Germany Ban

Why is Google in love with Bletchley Park?

Federico Faggin on the First 40 Years of the Microprocessor — And the Next 40

Doug Caddell on Foley & Lardner's Freedom of Computing

Effective Use of Rule 502(d) in E-Discovery Cases

Opening to Win: 7 tips for delivering an effective opening statement.

Oracle, Reed Smith Share Database Blues

Microsoft shareholders question company's large stash of cash

Google Allows Wi-Fi Owners to Opt Out of Database

Barnes & Noble subpoenas Nokia over Microsoft Android lawsuit

Barnes & Noble Blows The Lid Off Microsoft's Android Patent Squeeze

First Amendment Expert: Stop Online Piracy Act Upholds Free Speech

Android Crushed the Smartphone Competition Last Quarter

Ballmer shoots down Microsoft breakup advice

DOJ: Lying on needs to be a crime

The Private and Social Costs of Patent Trolls - Study Implies "Reduced Innovation Incentives"

When Patent, Antitrust Worlds Collide

Google releases source code for Ice Cream Sandwich

Siri knows when you're nearby

Oracle Pitches Solaris as ‘First Cloud OS’

Private Investigator’s Notebooks Offer New Details In Phone Hacking Case

Samsung Won't Block New iPhone in Korea

Google’s Lab of Wildest Dreams

Kindle Fire Review: Decent Tablet Despite Sacrifices

How the BBC's HD DRM plot was kept secret … and why

Jay Bradner: Open-source cancer research

Free Tools for Getting Started with the Mighty GIMP Graphics Editor

The Linux Setup - Fabio Erculiani, Sabayon Linux

Mulawa Dreaming Easy Comes to Linux

Gaming on Linux, Now a Reality with Desura

TenDigits Puts Microsoft Dynamics CRM on Android Smartphones and Tablets

Google Releases Source Code for Ice Cream Sandwich and Honeycomb

Googler: Android antivirus software is scareware from 'charlatans'

Steve Jobs and Larry Ellison walking on the beach in Hawaii, 1996...

Copyright isn't working, says European Commission

Sandia National Labs: DNS Filtering In SOPA/PIPA Won't Stop Piracy, But Will Hurt Online Securit

Free Microsoft upgrade when you threaten open source?

How Pursuit of Profits Kills Innovation and the U.S. Economy

Deadline looms on Pakistan 'obscene' text message ban

What Inventors Need to Know About The New Patent Law

Why I Oppose the Stop Online Piracy Act (SOPA)/E-PARASITES Act

Silver Lake Takes on the Big Fish

Early video of Obama surfaces from Harvard Law School era

McElhaney Explains Why Failing the ‘Giggle Test’ Might Leave You Crying

Explainer: How Did Inequality in America Get So Bad? And What Can the Government Do to Fix It?

Document Trove Exposes Surveillance Methods

Five Reasons Why the Amazon Kindle Fire Will Light Up Enterprises

Facebook to help Congress expand online reach

Judge: Novell-Microsoft trial in Utah to continue

Next post Tiny USB Stick Brings Android to PCs, TVs

IHS: $199 Kindle Fire costs only $201.70 to make

Apple [says it] Faces $2.7 Billion in Lost Sales in Motorola Mobility Case

Apple’s Indirectly Supporting A Bill That Could Destroy Freedom On The Interner And iTunes Match
This Digest is sponsored by Open Source Law
see also:
Join: email with "Subscribe oswald" in subject line
Leave: email with "Unsubscribe oswald" in subject line
Note: This email list is manually generated.
Archives: (not maintained)
General disclaimer: I am a member of Open Source Industry Australia Limited

Recent Papers:

Research Note: Trade Practices Implications of Infringing Copies of Open Source Software
Software Patents: Microsoft Jumps the Shark
Reading the BSD License in Isolation
  View other publications