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 #451 Period ending 5 June 2012

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

APIs aren't copyrightable according to a finding in Oracle v Google. That's enormous news. Also very big, but slightly less big, is that people will now need to pay for a key to load Linux on their computers (UEFI lockdown). That this could come to pass demonstrates the parlous state of competition policy in relation to technology.

RIAA is complaining that Google doesn't subsidize them enough. People at IP addresses associated with Microsoft and others have been linked to downloading pirated material.

*From my blog:

Verbatim distribution with attribution ok.

Other distribution - email me.



Brendan Scott

Open Source Law

***** Open Standards/ODF

Lib-Ray: An Open HD Video Standard for Free Culture and Independent Film

We could release on Blu-Ray, of course, but there's a whole raft of objections to the DRM, region-coding, and closed/proprietary nature of that standard. Everything about Blu-Ray is antithetical to our business model and way of thinking about media.

WSO2 Joins Technology Leaders in Proposing OASIS OData Technical Committee

Web Protocol Brings New Level of Simplicity to Querying and Accessing Data Across the Disparate Applications Populating the Enterprise, Cloud and Mobile Devices

***** Off Topic

Consumer Product and Service Agreement Updates

many of our new user agreements will require that, if we can’t informally resolve the dispute, the customer bring the claim in small claims court or arbitration, but not as part of a class action lawsuit.

***** Government/Policy

Open government reboot focuses on APIs instead of data

Issued by the Office of Management and Budget, the Digital Government Strategy is the basis of a new White House directive to expose "high-value" Federal data through Web APIs

Conservancy Projects Launch Coordinated Free Software Compliance Efforts

The effort brings together copyright holders, developers, and users of a variety of Conservancy's projects — old and new — to ensure that the rights embodied in Free Software licenses are fully upheld for all developers, users, and the general public.

Innovation Under Austerity: Eben Moglen's call to arms from the Freedom to Connect conference

What do we know about how to achieve innovation under austerity? We created the Cloud. We created the idea that we could share operating systems and all the rest of the commoditizable stack on top of them. We did this using the curiosity of young people, not venture capital. Venture capital came towards us not because innovation needed to happen, but because innovation had already happened.

Privacy practices of the Internet's biggest companies

The Electronic Frontier Foundation (EFF) released its "When the Government Comes Knocking, Who Has Your Back?" report, tracking some of the Internet's biggest service providers on their public commitments to their users' privacy and security.

Open source still feared within Whitehall, says IT architect

"There is a fear in government that sometimes if we use open source, we've exposed ourselves and that isn't the case. It enables innovation, it gives you flexibility to change," he said. "There's a debate about whether it's free or not. You can access the software for free, but clearly you'll have to pay for support if you want it. "

Making Open Access a reality for Science

These days, we live in a knowledge-based society. And knowledge prospers when it is shared. Sharing benefits scientists, it benefits science, and it benefits our economy. So today, I want to talk to you about how your work is helping make a reality of open access to scientific information. And how I want to support that, too.

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

RIAA says Google piracy policies are lacking

The Recording Industry Association of America (RIAA) Wednesday accused Google of not [subsidising the RIAA's enforcement costs].

When Others Violate Our Patents, They're Copying Our Hard Work; When We Violate=System Is Broken

at the latest All Things D Conference, CEO Tim Cook appears to have a bit of a double standard.

Patent Wars

An infographic showing who is suing whom and who is selling patents to whom shows that patents are indeed a source of much friction and the only likely winners are the lawyers.

HTC One X, EVO 4G LTE Clear Customs After Apple Patent Spat,2817,2405021,00.asp

The HTC One X and EVO 4G LTE have been released into the wild. HTC confirmed today that U. S. Customs officials completed their patent review of the devices, allowing them to be sold in the country.

With Motorola in Google’s Hands, Microsoft Eyes Possibility of Patent Deal

And Microsoft would certainly like to add Motorola to that list. Sources familiar with the company’s thinking tell AllThingsD that the company would be very open to meeting with Motorola’s new owners to discuss some sort of arrangement.

French Court Sides With Google in YouTube Case

A French court on Tuesday dismissed a copyright lawsuit against Google’s online video-sharing platform, YouTube, in a case that has parallels with the long-running struggle between YouTube and Viacom in the United States.

New Zealand judge orders US to hand over Megaupload documents

Actions by and on behalf of the requesting State have deprived Mr. Dotcom and his associates of access to records and information," wrote Judge David Harvey, alluding to the fact that dozens of hard drives were taken from the Dotcom mansion during the January raid and have not been returned. Dotcom, Judge Harvey wrote, "does not have access to information which may assist him in preparation for trial. "

Busted: Microsoft Harbors BitTorrent Pirates

But perhaps the company should make a start by educating its own employees first. In Microsoft’s offices around the world many company employees are using BitTorrent to download and share pirated movies.

Judge Alsup Rules: Oracle's Java APIs are Not Copyrightable

Contrary to Oracle, copyright law does not confer ownership over any and all ways to implement a function or specification, no matter how creative the copyrighted implementation or specification may be.

Google files EU complaint against Nokia, Microsoft over alleged patent collusion with MOSAID

Google has just filed an official complaint with the European Commission that accuses Nokia and Microsoft of colluding to drive up handset prices through deals they've struck with Canadian IP licensing firm MOSAID — a company that Google doesn't hesitate to call a "patent troll. "

***** Applications/Gadgets

ZaReason Upgrades Open Source PC Line

Now ZaReason, one of the few other big open source OEMs, has both released new hardware and upgraded a popular existing model.

Sony dumps Android Ice Cream Sandwich update for Xperia Play

"After extensive in-house testing with our developer teams and working with our partners, we have concluded that a consistent and stable experience, particularly with gaming, cannot be guaranteed for this smartphone on Ice Cream Sandwich--therefore, we will not make the Android 4. 0 upgrade available for Xperia Play," the Sony Xperia Product Blog states.

Open Source Gluster 3.3 Melds Object and File Storage

The Gluster open source distributed filesystem is out with version 3. 3 after a long development cycle. Gluster 3. 3 unifies file and object storage and provide a Hadoop HDFS compatible API for Big Data Storage.

Psychonauts: Classic Xbox Platformer Now Available For Linux

Pay what you want for Psychonauts, LIMBO, Amnesia: The Dark Descent, andSuperbrothers: Sword & Sworcery EP. If you choose to pay more than the average price, you will also receive Bastion! Each game comes with its soundtrack in both lossless (FLAC) and MP3 formats.

***** Reports

Implementing UEFI Secure Boot in Fedora - BY PAYING MICROSOFT?!

Most hardware you'll be able to buy towards the end of the year will be Windows 8 certified. That means that it'll be carrying a set of secure boot keys, and if it comes with Windows 8 pre-installed then secure boot will be enabled by default. This set of keys isn't absolutely fixed and will probably vary between manufacturers, but anything with a Windows logo will carry the Microsoft key.

Microsoft Delivers a Blow to Open Source with Visual Studio 11

Specifically, it looks like the free, Express version of the upcoming new product--widely used by many developers to create open source desktop applications for Windows--will no longer offer support for desktop-style applications.

Skip Internet Explorer for Web Dev. Save $100,000

"To save more than $100,000, 4ormat decided to skip Internet Explorer, opting to only allow users to access its service through Mozilla’s Firefox and Google Chrome browsers," the article states.

OpenOffice - A House of Sand

Apache claims to be a meritocratic organization, but none of the feedback from the LibreOffice community was considered. The plan that was adopted is the same as what was first announced, in spite of the many objections. In addition to the question of whether the Apache OO fork is a good idea, there is an additional question of why did Apache ignore the complaints?

Four ways a business can immediately benefit from Linux

It is inherent in the complexity introduced when trying to create product and licensing that is as much marketing as it is functional.

Jobs Nobody Qualifies For

The first public beta of Red Hat Enterprise Linux 5. 0 was announced on September 7, 2006. Nobody on the planet has that level of experience. Eight years ago RHEL 4. 0 wasn't even released yet. It's even worse for Microsoft admins. I saw a position demanding 10 years of experience or more in SQL Server 2008 and Office 2010.

The open source answer to big data

Cost, flexibility and the availability of trained personnel are major reasons for the open-source boom. Hadoop, R and NoSQL are now the supporting pillars of many enterprises' big data strategies, whether they involve managing unstructured data or performing complex statistical analyses on it. "

Open source celebrates the freedom to leave

Of those surveyed, 62 percent indicated that open source software represented more than half their software deployment, while 32 percent indicated more than three-quarter of their software was open source. This trend has continued steadily over the years, and I see no reason to expect a reversal; indeed, the survey responses delineate a continuing trend towards open source over the next five years.

Internet Defense League Crafts 'Bat Signal' for the Web,2817,2404953,00.asp

When the group detects a threat to the Internet - most likely via objectionable legislation - it will send supporters a snippet of code they can add to their website in order to organize the masses in protest.

OSCON Nonprofit Pavilion deals with limited space

Due to limited space, the popular O'Reilly Open Source Convention (OSCON) has changed the way it is filling the coveted Nonprofit Pavilion for the upcoming 2012 show, which could leave some popular open source projects without show space.

Linux Server Revenues Growing Faster Than Windows, Hit $2.4 Billion in 1Q12

According to IDC, Linux servers generated $2. 4 billion in revenue for vendors in the first quarter of 2012. That's a 16. 0 percent growth rate, which is better than the 1. 3 percent revenue growth rate for Windows servers.

The Linux Foundation Releases Free FOSS Component Tracker

The QR code contains important information on the Free and Open Source Software (FOSS) stack contained in a product, such as component names, version numbers, license information and links to download the source code, among other details.

New Open Source CRM App Uses Gamification

Gamification is still a nascent field, "but we see it as really interesting and very possible in terms of motivating users," McKay said.

AMD Admits It Has Linux Problems

Although AMD works with Microsoft to provide OpenCL support in Windows 8, Neal Robinson, senior director of Consumer Developer Support at AMD told The INQUIRER that the firm has "more work to do in the Linux environment".

How cloud can give back to open source

There's been a lot of talk about open source and the cloud, which makes sense given the proliferation of open source technologies that actually comprise cloud computing. But what about open source in the cloud? Can cloud computing and storage provide open source projects less expensive access to computing resources?

Humble Team and Game Developers Share Their Linux Experience

Humble Indie Bundle 5 has been launched and it has smashed all records of past bundles by raising more than $2 Million in 24 hours. As always, average price paid by Linux users is higher than Windows and Mac users.

***** Snippets

Ubuntu One For KDE Has Arrived

Red Hat could cash in with open-source cloud juggling act

Open Source WordPress Turns Nine as 3.4 Release Nears

Announcing Fedora 17. Relish it.

Flip Cinnamon panel to top of desktop

Why Doesn't Fedora 17 Linux Have a Beefy Miracle Theme?

Kaspersky antivirus use Linux to rescue Windows

Why Zuck will go soft for Facebook Phone and rebrand Android

New Fedora Linux Release Promises Improved Desktop Look;jsessionid=p-T+S1K2iAnsL7Kwkq-z1A**.ecappj03

Open Source BlackBerry: RIM's Last Resort

The Document Foundation announces LibreOffice 3.5.4

Set up your Raspberry Pi like a pro

Eucalyptus is Open for (Cloud) Business

The Web Balancing Act – Privacy vs Personalization

DoudouLinux Brings Educational Software To Your Children's Fingertips [Linux]

Mageia 2 Review. Pure Magic

An open source analogy: Open source is like sharing a recipe

Adobe sucks on Oracle brain drain for HTML5 game gain
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