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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 #454 Period ending 29 June 2012

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

I have deliberately delayed this week's edition because I will be away next week (so no Oswald) and Oswald is likely to be late the following week. Lots of (off topic) stories about the new Surface product from Microsoft. Linus Torvalds criticises Nvidia for not playing well with Linux. ACTA is under pressure and may not be ratified in Europe and an FOI request reveals UK Government preference for closed storage equipment.

*From my blog:

Verbatim distribution with attribution ok.

Other distribution - email me.



Brendan Scott

Open Source Law

***** Other

Wikipedia's founder calls for Richard O'Dwyer extradition to [be] stopped

Wikipedia founder Jimmy Wales has made a rare political intervention to call on Theresa May to stop the extradition of British student Richard O'Dwyer to the US for alleged copyright offences.

Occupy Diaspora

Today I’m going on Hootsuite and set up a daily post on my Facebook wall. “Come hang out with me on Diaspora. I’ll send you an invite if you like, or you can just go to the main page and get an invite yourself. ” I’ll still hang out on Facebook, working undercover to do my best to convince my friends to make the move with me.

***** Off Topic

Python wraps its coils around the enterprise

On the programming language front, while Java and C++ aren't going away anytime soon, PHP and Python have established themselves as first-class citizens in the enterprise, with Python growing at a much faster rate than the other dominant languages, including PHP.

Microsoft to build its own tablet, the Surface

By producing its own hardware, Microsoft will be navigating a tricky course as the computers will be in direct competition with companies such as Asus, Lenovo and Samsung, with whom it maintains strong partnerships for development of tablets and laptops.

Governments ask Google to remove more content

U. S. authorities are leading the charge as governments around the world pepper Google with more demands to remove online content and turn over information about people using its Internet search engine, YouTube video site and other services.

***** Government/Policy

Public sector favours legacy over open source storage

Local and central government departments in the UK are favouring legacy storage systems from the likes of IBM and Hitachi Data Systems (HDS) as opposed to open-source storage, according to a Freedom of Information Act (FOIA) request.

OSU Open Source Lab receives $300,000 donation from Google

The Open Source Lab (OSL) at Oregon State University (OSU) has received a $300,000 donation from Google to further its open source development and hosting operations.

ACTA on life support as key EU committee rejects it

Now the fourth—and final—committee to consider the treaty has rejected it by a 19-12 vote, giving opponents strong momentum going into next month's decisive vote of the full European Parliament. The trade committee's vote is considered crucial because it has formal jurisdiction over trade agreements like ACTA.

One court order could gag EVERY ISP in Denmark

Internet service providers (ISPs) and copyright holders in Denmark have agreed on a framework that would see all ISPs in the country block access to copyright-infringing content if one of the providers is ordered to do so by a court.

A Battle for Internet Freedom as UN Meeting Nears

Secret negotiations among dozens of countries preparing for a United Nations summit could lead to changes in a global treaty that would diminish the Internet's role in economic growth and restrict the free flow of information.

Is Stealing Music Really the Problem?

Yet lost in this discussion is one important element. Facts. Because if you’re going to argue that stealing has impacted your business, you should actually prove that…y’know…a lot of people have actually stolen your music.

Olympics Website Leans on Open Source, Akamai for Winning Results

Another surprising thing about the London 2012 Olympics website is that it leverages open source extensively, using LAMP as the primary software foundation. Despite the demands placed on the site, there's an apparent ethos of running "cheap and cheerful," which precludes use of expensive proprietary software packages.

UK regulators say ISPs must be piracy watchdogs

Add watchdog to the list of duties now on required of U. K. Internet service providers. The nation’s communications regulator, Ofcom, today rolled out a draft code demanding ISPs watch out for piracy, record how many warnings are given suspected offenders, and after three notices, remove violators.

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

Kodak sues Apple, claiming interference in patent sales

Photography pioneer Eastman Kodak Co sued Apple Inc to stop it from interfering with plans to sell a large patent portfolio, a significant part of its bankruptcy restructuring.

Federal Circuit takes willfulness out of jurors' hands [US]

The judge is in the best position to determine whether a defendant's conduct was reasonable, the court concluded.

Peer to Patent: Final Results for Pilot One

We now present the full results of that first pilot (June 15, 2007 to June 15, 2009) and those results demonstrate why the U. S. Patent and Trademark Office elected to conduct a second Peer To Patent pilot beginning in the Fall of 2010.

Google Nabs 50 Mobile Patents From Magnolia Broadband,2817,2405960,00.asp

According to Magnolia, the patents come from its Mobile Transmit Diversity (MTD) portfolio and cover, "methods for increasing spectrum utilization (network capacity), expanding coverage, improving uplink transmission speeds at the cell edge, and improving device battery life. " Terms of the deal were not disclosed.

Microsoft demurs at Motorola patent settlement offer

Microsoft Corp has brushed off an offer by Motorola, the phone maker bought by Google Inc, to settle patent disputes with Motorola that are threatening to halt imports of Android devices and Xbox game consoles into the United States.

Facebook and Yahoo! in patent fight truce talks

Facebook and Yahoo! are in patent war truce talks that could end a legal battle between the companies, according to court documents available online Wednesday.

Opinion: EFF should call for the elimination of software patents

The Electronic Frontier Foundation announced a new initiative on Tuesday to seek reform of the United States patent system. Under the banner of Defend Innovation, the civil liberties organization suggested seven ways Congress could make the patent system less harmful to progress in software.

Samsung owed compensation from Apple after winning 3G patent ruling in The Hague

The ruling has been published and states that Apple must pay compensation for infringing patent EP1188269. However, because it's classified as FRAND, Samsung is not entitled to a ban on sales or import. The infringing devices are the iPhone 3G, 3GS, 4, and iPad 1 and 2.

U.S. judge blocks Apple in Google smartphone war

"Apple is complaining that Motorola's phones as a whole ripped off the iPhone as a whole, " Posner wrote. "But Motorola's desire to sell products that compete with the iPhone is a separate harm -- and a perfectly legal one -- from any harm caused by patent infringement. "

RIAA to CNET: Follow Google, nix video-to-MP3 conversions

The RIAA, the trade group representing the four largest record companies, began pressuring Google to start cracking down on the MP3-conversion services about a year ago, according to music industry sources. That's about the same time the trade group says it began appealing to Download. com to do the same.

Application of the “Capable of” Test when a Controller with Associated Programming is Claimed

The Board stated that while it might be possible to install software that would allow the prior art controller to warm the fuel cell stack and the water supply when the vehicle is not running, the “capable of” test requires that the prior art structure be capable of performing the function without further programming.

Apple wins injunction against Samsung Galaxy Tab

Apple won an injunction against Samsung’s 10-inch Galaxy Tab in a California federal court Tuesday after a judge ruled that Apple had made a “strong” claim that the Samsung tablet had improperly copied the design of the iPad.

Patent snafus could delay new video codec

The H. 265 High Efficiency Video Coding (HEVC) standard is about to be ratified, promising a new generation of higher resolution and more compact digital video products. The bad news is chip makers are afraid to design products using it.

***** Applications/Gadgets

Nuvola: the Linux Choice for Cloud-y Music

Nuvola Player (formerly known as google-music-frame) is a Linux application that integrates cloud-based music services into your Linux desktop. I've tested it only with Google Music, but Nuvola now supports Google Music, Grooveshark, Hype Machine and 8tracks. It also supports Last.FM scrobbling.

Android texting app Swype gets 4-in-1 keyboard

Android texting application Swype just got a little smarter, graduating to a next-generation, four-in-one keyboard and adding voice capabilities.

Mule update is data friendly

With the newest edition of its open source enterprise service bus (ESB), MuleSoft allows administrators to connect directly to data sources in addition to applications.

Firefox for Android gets major update

Firefox for Android has just received a big update

LibreOffice 3.6.0 Beta 2 Is Available for Download

***** Reports

Is Mozilla Abandoning Open Source Gecko for Apple iPad? WebKit Wins.,0,6310944.story

Apple's own restrictive policies will not allow another rendering engine and that means that Mozilla's core Gecko rendering engine is not an easy option.

iPad to Grow Market Share Over Android Tablets: IDC

Apple's iPad will grow its share of the booming tablet market over its Android-based rivals this year, thanks in large part to new features introduced with the iPad 3 and the company's decision to reduce the prices further on the iPad 2, according to market research firm IDC.

Linux architect Linus Torvalds to Nvidia: F*** You

But then he just let loose, finishing his comments with this great sound byte: “Nvidia has been the single worst company we’ve ever dealth with. ...

Download Nvidia GeForce 302.17 Driver for Linux

Nvidia has announced yesterday, June 15th, the immediate availability for download of the 302. 17 version of its graphics driver for Linux, Solaris and FreeBSD operating systems.

Eucalyptus updates cloud platform in open source mold

Eucalyptus, the cloud platform company that wants to bridge corporate private clouds to the Amazon cloud , is updating its platform software to bring it more in line with the open source model.

SourceForge back-end code to be donated to Apache

Open source vendor GeekNet is turning a new page in the SourceForge story today with a proposal to the Apache Software Foundation to accept the Allura software platform within the ASF as a new Incubator project.

Linux gaming on the rise: EA arrives on Ubuntu and Valve plans Steam port

The organizers of the bundle partnered with Canonical to make the games easily available to participating Ubuntu users through the Ubuntu Software Center. According to an entry on the official Ubuntu application developer blog, the Ubuntu Software Center served the bundle to nearly 10,000 buyers within the first 72 hours after it launched.

Using open source and grassroots to map the world's radiation data

Mapping the world’s radiation and air pollution data, using one volunteer with one gadget at a time — that’s the goal of the Safecast project, which this week closed over $100,000 on Kickstarter to deliver a limited run of its open source geiger counters to interested buyers.

Dell, Canonical Extend Ubuntu PC Partnership Into India

The seemingly obvious answer is that China and India, as markets where the number of first-time computer users is still growing rapidly, simply have not yet been saturated by proprietary operating systems to the point that selling Ubuntu to consumers is a steeply uphill battle. And undoubtedly, that’s a part of the equation.

SUSE Advances Linux for SAP Applications

SAP applications run on Linux, and in particular they run on SUSE Linux Enterprise Server (SLES). SAP and SUSE have a longstanding partnership, and there are a number of SAP applications where SLES is the only operating system that is certified by SAP.

Lithium PHP Framework Now Fueled by Engine Yard

Infrastructure vendor Engine Yard is well known in the development community for its support of Ruby on Rails. Engine Yard is now also moving into the PHP space, by sponsoring the Lithium PHP Framework.

Shuttleworth on Ubuntu Linux, Fedora, and the UEFI problem

I doubt that will actually make them more secure, but it’s always crystal clear that it will make it much harder to boot Linux or any other operating system, such as Windows XP or 7, on them.

CyanogenMod 7.2 released, adds features from Android 4.0 ICS

The final major version of Android 2. 3 based CyanogenMod 7 has been released, as 7. 2 adds support for 20 new mobile devices, and marks the end of 7. x support for certain devices.

Red Hat Enters New Era of Virtualization Scalability

"We've increased the number of CPUs that a virtual guest can support, from the previous limit of 64 up to a new limit of 160,"

Fedora introduces offline updates

By "offline" OS updates we mean package installations and updates that are run with the system booted into a special system update mode, in order to avoid problems related to conflicts of libraries and services that are currently running with those on disk.

After Oracle, OpenSolaris rises again

While superficially appealing, the value of escrow as a safety measure is especially questionable today.

Airlines should work together on open source apps

Virgin Atlantic's IT director, David Bulman, has called upon the airline industry to work collaboratively on open source applications that create an emerging standard for re-use and allow passengers to avoid downloading multiple tools.

The Linux Foundation Announces LinuxCon and CloudOpen Schedule, New Keynote Confirmations

The Linux Foundation, the nonprofit organization dedicated to accelerating the growth of Linux, today announced the complete program and new keynote confirmations for LinuxCon and CloudOpen, taking place together in San Diego, Calif. , August 29-31, 2012.

Open source is like falling in love

Behrenshausen's article uses the analogy that open source is like sharing a recipe. It's always nice to find openness in our daily experiences and realize how important it is to our lives.

Sourcefire Pushes Open Source ClamAV Forward

Sourcefire , the company behind leading open source intrusion detection system Snort, is acquiring the open source antivirus project ClamAV.

Great Open Source Cloud Debate Rages

The role of open source firms has been to consolidate a set of rapidly occurring changes in a class of commercial software, frequently adding their own updates to the code and then commoditizing them in the marketplace.

Dear Microsoft: is not a "gambling site"

If Microsoft's "reputation" database can't tell the difference between a gambling site and an independently audited registered nonprofit public-interest charity founded almost 30 years ago, it is certainly doing you and your business more harm than good.

The Paris meeting results: the Community is moving forward

We (see the list of participants below) have met in Paris for most of the day and we discussed the future of the Mandriva Linux distribution.

Open Beats rock Brazil

The reason (no pun intended) that there is not yet an open source alternative to Reason 6, is because the open source community hasn't rallied to create one, yet. I want to change that.

Getting Started With RTL-SDR

The last few months have seen an explosion of activity in the field of Software Defined Radio (SDR), after it was discovered that cheap USB TV tuners based on the Realtek RTL2832U chip could be dialed into frequencies well outside their advertised ranges.

Open Source WebOS Community Edition Released for TouchPads

The source code was made available online for download and can be used under the Apache License, Version 2. 0, which is one of the more permissive licenses, allowing developers to mix open-source code with their own inventions and sell products using the combined code.

Red Hat Puts a Price on Open Source OpenShift PaaS

Red Hat While Roth declined to provide a specific number of users that the free version of OpenShift currently has, he did say that it was in the tens of thousands of users.

Red Hat CEO: We're at the Dawn of the Information Economy (and Linux is the Sun)

Whitehurst added that if nuts and bolts could have been patented and you had to buy your screwdriver form the same company you buy your screws, jet engines would not exist today. That’s where open source and standards, much like the autolathe of 1851 are critical.

***** Snippets

Mandriva Linux 2012 Tech Preview Released

Linux 3.5 rc3

Five Best Android Launchers

Canonical Posts More Wayland Patches

The M-word that's Linux's curse

Role of a Linux Kernel Maintainer

New Android malware disguised as security app

Vulnerabilities in open source WAF ModSecurity

IBM's Sequoia No. 1 on the TOP500 supercomputer list - Runs on Linux

Zorin OS 6 Core preview

Unity Revamped Adds New Features to Ubuntu 12.04

Nokia drops Linux prototype platform

Eucalyptus CEO Marten Mickos Evolves His Cloud Approach

7 Tips to Get the Most Out of BleachBit, a "CCleaner for Linux"

How to Land the Best Linux Job

Linux Desktops and Linux Personalities: What's Your Perfect Match?

Salix OS 13.37 MATE Goes Live

Pinguy OS 12.04 LTS Has Been Released

Welcome To Ubuntu's Penguin Bar - How Can I Help You?

Jfbchat: Simple And Powerful Facebook Chat Client For Ubuntu/Linux

Interview with Mobeen Iqbal of Vinux Project

Wireshark 1.8.0 can capture from multiple interfaces at once

Apple Mac OS X 10.7.4 Lion vs. Ubuntu Linux

Gnome's 10 big goals for 2013/14

Linux Kernel 3.4.4 Is Available for Download

30 Linux Kernel Developers in 30 Weeks: Sarah Sharp

Red Hat Enterprise Linux 7 to Features Btrfs

Linux 3.5 rc4

5 Best Android Tablets That Rival The New iPad 3

OStatic's Updated Collection of Free Books on Open Source Topics

PureOS 5.0 Released, Incorporates GIMP 2.8

Mageia 2: smooth upgrade

Firefox Command Line Hackathon

Discovering Zorin OS

Ubuntu TV: The Community Wish List Is Taking Shape

Asus loads Linux on new EeePC

Download KDE SC 4.9 Release Candidate 1

Android 4.1 Jelly Bean: What We Hope to See

Beyond the Beagle: Seven Open Source Board Projects that Count

Slackware Follows 13.37 with 14.0

Netflix open sources Asgard cloud deployment smarts

ROMP gets support for MIDI files

Google Unveils Nexus Tablet, Stepping Up Apple Challenge
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