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 #444 Period ending 16 April 2012

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

Number 444 today. I used to live at number 444 in Holland Park in Brisbane. I discovered last year that the mother of one of my son's friends lived in the same house. In fact, my parents sold it to her parents. We only found out because our sons ended in the same class with a teacher with a reputation for being mean. She commented about "Mean Mr Lane" she had in Grade 5 - a teacher we discovered we had both shared and the details unravelled from there. Life has strange coincidences!

Microsoft has announced the creation of a new subsidiary to deal with open source. The new entity is apparently to quarantine its patents. The EFF has brought a case against the US government for locking people out of their Megaupload accounts. A court in the US found there was no "theft" of source code because it wasn't physical property. The US has also commenced a price fixing action against Apple over its eBook arrangements.

Finally, the High Court is due to hand down its decision in Roadshow v iiNet (which argues that ISPs are liable for their customers' infringements) later this week.

*From my blog:

Verbatim distribution with attribution ok.

Other distribution - email me.



Brendan Scott

Open Source Law

***** Off Topic

This Internet provider pledges to put your privacy first. Always.

Nick Merrill, who challenged a demand from the FBI for user data, wants to create the world's first Internet provider designed to be surveillance-resistant.

Lumia 900's design called efficient -- and inexpensive,0,5880804.story

“Given the highly strategic partnership with Nokia, we believe Microsoft substantially discounted its software licensing fees on the Lumia 900 to accommodate the overall lowered manufacturing costs,” said Wayne Lam, senior analyst, wireless communications at IHS.

Failure to Update the Law a Titanic Mistake

So, it was a mistake not to ensure that the lifeboat rules kept up with developments in shipbuilding, but the Board of Trade would probably still have made a mistake in setting the requirements even if it had updated the rules. Oh dear.

***** Government/Policy

NASA Announces Open Government Plan 2.0

The use of open-source ideals -- both inside and outside of the software realm -- is at the heart of the latest version of NASA's Open Government Plan, which was announced Tuesday in an official blog post.

DOJ: How Apple and book publishers conspired to combat Amazon, raise e-book prices

The U. S. Justice Department today filed its long-awaited lawsuit against Apple and major U. S. book publishers, alleging that they conspired illegally to raise e-book prices to counter Amazon’s deep discounting.

Vague Definitions in CISPA Raise Concerns of SOPA 2.0

While CISPA currently has the support of over 100 cosponsors in the US House of Representatives and over 20 major corporations, opponents of the bill have voiced concerns over the bill's potential negative effects on privacy laws and individual internet users' civil liberties. CISPA is scheduled to go to full vote in the US House of Representatives for the week of April 23rd.

Mozilla Open Badges ships Beta release

The new Beta release includes integration with Mozilla Persona (formerly BrowserID). This opens the door for users to create a single user-centric identity across the web, with tools like Mozilla Open Badges adding a “reputation layer” that provides a complete story about what they know and have achieved. All through an open, standards-based infrastructure that puts user sovereignty, privacy and security first.

Gaming Freedom with Liberated Pixel Cup Contest

Artists can contribute art that follows the newly created style guide and then upload it to, licensed under dual CC BY-SA 3.0 and GPLv3 licenses.

Broadband at the Speed of Light

A new report just released by the Institute for Local Self-Reliance (ILSR) and the Benton Foundation explains how these communities have built some of the best broadband networks in the nation.

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

Sanofi’s Patents on Cancer Drug Taxotere Invalidated

Sanofi’s (SNY) two patents on the cancer drug Taxotere were ruled invalid and unenforceable by a U. S. court today in a victory for generic-drug makers Hospira Inc. (HSP) (HSP) and Apotex Inc.

Court to consider access to Megaupload data

The EFF said the closure of Megaupload and seizure of its servers had cut off Mr Goodwin, and many other users, from their data. An ill-timed hard-drive failure meant Mr Goodwin needed to get at his stored footage, added the EFF. It wants access restored so that "innocent" users can retrieve their data.

Fourth Circuit's Rosetta Stone v. Google Opinion

Intellectual property supports 40 million jobs in U.S.

Code Not Physical Property, Court Rules in Goldman Sachs Espionage Case

“Because Aleynikov did not ‘assume physical control’ over anything when he took the source code, and because he did not thereby ‘deprive [Goldman] of its use,’ Aleynikov did not violate the [National Stolen Property Act],” the 2nd Circuit Court of Appeals wrote in its opinion (. pdf).

Apple 'Push' Emails Ban Upheld: Court Rules Apple Owes Motorola For Using Its Feature

A court spokesman said Apple still had to refrain from offering the "push" features in Germany, that it was liable for damages and was ordered to provide information to calculate the amount of damages.

***** Applications/Gadgets

Cars running on Android

Itâs the worldâs first car that comes loaded with Android.

Amazing Robots controlled by Android

Cisco Updates Linux Powered Networking Gear

when it comes to smaller deployments with less intense requirements, Cisco relies on Linux.

Barnes & Noble Announces New Nook With Built-In Lights

Pebble smartwatch for iOS and Android available on Kickstarter

The watch connects to your iPhone or Android device using Bluetooth, and alerts you to notifications with the built-in vibration motor. While text messages aren’t supported on iOS, almost everything else is: incoming calls, Facebook and Twitter notifications, as well as email, calendar, and weather alerts. Luckily for Android owners, text messages are supported by the watch.

VirtualBox 4.1.12 released and ubuntu 12.04 installation instructions included

Oracle VM VirtualBox, formerly Sun xVM VirtualBox and innotek VirtualBox, is a family of x86 virtualization products for enterprise and home use. VirtualBox is a general-purpose full virtualizer for x86 hardware, targeted at server, desktop and embedded use.

***** Reports

OpenStack Foundation Update.

Last month, as that framework started coming into focus, we published a “Framework Acknowledgement Letter” and asked com panies to sign it if they agreed with the approach and were intent on joining as Gold or Platinum members once formed. T oday are are very excited to announce that nineteen companies have signed the letter

Announcing one more way Microsoft will engage with the open source and standards communities

I am really excited to be able to share with you today that Microsoft has announced a new wholly owned subsidiary known as Microsoft Open Technologies, Inc. , to advance the company’s investment in openness – including interoperability, open standards and open source.

Kubuntu Finds Sponser, Lives On

Kubuntu will have a new sponsor in Blue Systems from the 12. 10 cycle starting in May. Kubuntu is a community led project to create a KDE flavour as part of Ubuntu.

Open source: Code still matters

Discussions about Red Hat's involvement in the OpenStack project have dredged up old enmities about Red Hat's kernel development practices, charges that are perhaps misdirected, yet still reflect a strong undercurrent on the value of code contribution in open source.

Review: Yahoo Mojito Gives Node.js A Lift

Yahoo built Mojito by taking the best ideas from the various server stacks and creating a framework in JavaScript on top of Node. js, a server-side tool that might be called a cult.

SAP Wants to be a (Linux-Powered) Database Company

At the core of SAP's HANA database push is the Linux operating system, which is the only operating system on which the in-memory database will run.

VMware Wants CloudFoundry to be the Linux of the Cloud

Today VMware officially announced how they are opening up the platform even further in an effort to dominate the open source PaaS landscape.

Demand for Linux Skills Sets a New Record This Month

Specifically, the number of Linux job postings reached a new peak on April 2, Dice spokeswoman Rachel Ceccarelli told me this week, with a full 12,007 postings.

20-million new Ubuntu Linux PCs in 2012?

In a recent interview with Julie Bort, Canonical and Ubuntu founder Mark Shuttleworth said, “We expect to ship close to 20 million PCs in the next year. ”

Zerobin, Open Source Pastebin Alternative With Client-Side Encryption

One of the big differences between the two services is that Zerobin encrypts contents on the client side before they are send to the server. This basically means that the server has no information of the contents of the text that is stored on it.

Open Networking Foundation Set to Advance OpenFlow

One of the most exciting up and coming trends in the world of networking in the last few years has been emergence of Software Defined Networking (SDN). At the core of the SDN revolution is the open source OpenFlow protocol which has helped to define the entire SDN space.

MySQL founder's latest MariaDB release takes "enterprise" features open-source

Some of the other high performance features were "developed for a very large social networking site," according to the company, including a non-blocking client library that allows applications to run multiple parallel connections to one or more databases—for tasks like data merges across "shard" databases in very large database implementations. There are also other features aimed at developers of geospatial applications based on the Open Geospatial Consortium’s OpenGIS standards.

***** Snippets

Linux. Do it your way!

Ubuntu 10.10 (Maverick Meerkat) end-of-life reached on April 10, 2012

Linux Top 3: Who Writes Linux in 2012?

DoudouLinux: A Starter Distro Where Baby Linux Gurus are Born

Stunt Rally Linux Game Updated with new Features and Multiplayer Mode

Oracle previews MySQL 5.6

Farewell, Apple. Hello Linux Mint!

What we can learn from a young boy’s cardboard arcade

Calligra 2.4.0 released

First Peek at WordPress 3.4

MariaDB/MySQL, PostgreSQL and SQLite3 - Comparing Command-Line Interfaces

Proprietary Software for Linux: A Good Idea?

Slitaz 4.0 Arrives with New TazPanel Goodness
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