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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 #457 Period ending 23 July 2012

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

In OT news, Microsoft admits to being in breach of anti-trust requirements for a browser ballot screen... for over a year - oops. Quite a lot of patent policy related stories in the IP section. A few more UEFI stories and some interesting stuff about alternative operating systems (Enyo and Jolla). It would be ironic if Jolla (a resurrection of Meego dumped by Nokia) got traction.


*From my blog:
http://brendanscott.wordpress.com/2012/06/07/open-source-law-releases-report-on-open-standards/
http://brendanscott.wordpress.com/2012/05/07/more-on-ausgoal-lack-of-understanding-of-formats/
http://brendanscott.wordpress.com/2012/05/04/australian-government-and-open-data-they-just-dont-get-it/

Verbatim distribution with attribution ok.

Other distribution - email me.

Regards

Brendan

Brendan Scott

Open Source Law

***** Off Topic


Microsoft Admits It Hasn’t Complied with EU Antitrust Order Since February 2011
http://www.windowsitpro.com/article/paul-thurrotts-wininfo/microsoft-admits-hasnt-complied-eu-antitrust-order-february-2011-143719
http://www.computerworld.com/s/article/9229318/Microsoft_ignored_tip_that_it_botched_browser_choice_in_Windows_7_SP1?taxonomyId=89
http://www.geekwire.com/2012/severe-consequences-microsofts-browser-screwup/
http://europa.eu/rapid/pressReleasesAction.do?reference=SPEECH/12/561&format=HTML&aged=0&language=EN
http://money.cnn.com/2012/07/17/technology/microsoft-eu-antitrust/
http://news.cnet.com/8301-10805_3-57473593-75/eu-opens-microsoft-antitrust-probe-over-browser-choice/

The investigation is apparently historic: According to the European Commission (EC), this is the first time it will have to punish Amazingly, Microsoft has already admitted that it isn't complying with the order. But the company claims this is due to a “technica"Due to a technical error, we missed delivering the [browser ballot screen] software to PCs that came with the Service Pack 1 updat

***** Government/Policy


US Navy to use Linux on VTOL Drones
http://www.theregister.co.uk/2012/06/08/us_navy_linux_drones/

After a malware attack on the Air Force's Windows-based drone-control system last year, there has been a wholesale move to Linux for security reasons.


Richard Stallman Speaks About UEFI
http://bytesmedia.co.uk/2012/07/17/richard-stallman-uefi/

In any case, what secure boot does is that it causes the machine to only work with (?) programs that are signed with a certain key, your keys. And as long as the user controls which keys they are, then it’s a security feature. However, it can be chained into a set of digital handcuffs when the user doesn’t control the keys. And this [is] happening.


Internet Coalition Vows to Stave Off Regulation
http://blogs.wsj.com/washwire/2012/07/19/internet-coalition-vows-to-stave-off-regulation/

An alliance of lawmakers and Internet groups launched the “Internet Defense League” Thursday to “fight for their basic freedoms” against Internet regulation.


When It Comes to IP Enforcement Bills, It's the Little Things That Count
http://www.publicknowledge.org/blog/when-it-comes-ip-enforcement-bills-its-little

The recently maligned IP Attaché Act is just one in a long line of IP bills that include seemingly innocuous provisions that could later prove to be harmful to innovation and the free flow of information.


UW joins Stanford, others; will offer free online classes
http://seattletimes.nwsource.com/html/localnews/2018703163_coursera17m.html

The university has signed a contract to provide an online startup called Coursera with courses in math, computer science, computational finance and information security. Coursera already provides free courses to anyone wanting to participate, although students do not earn credit, at least for now.

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


Federal Circuit Weighs New Precedent in Human Gene Patentability Case
http://legaltimes.typepad.com/blt/2012/07/federal-circuit-weighs-new-precedent-in-human-gene-patentability-case.html
http://blogs.wsj.com/law/2012/07/20/judges-hold-the-line-on-gene-patents/
http://www.businessweek.com/news/2012-07-19/human-genes-as-company-property-tested-by-myriad-patent-case

"It didn't appear that any of the judges had a sea change in their views on the subject," said Reines, who has been following the case and filed an amicus brief early on unrelated to the merits.


Why Patentable Subject Matter Matters for Software
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2102134

Rather than continue efforts to craft a test for determining when a software invention graduates from an “abstract idea” or mere algorithm into a patentable invention, several recent Federal Circuit opinions dismissinely reject section 101 challenges as attacks that should have be made instead under sections 102, 103, and 112.


Apple Must Publish Notice Samsung Didn’t Copy IPad in U.K.
http://www.bloomberg.com/news/2012-07-18/apple-must-publish-notice-samsung-didn-t-copy-ipad-judge-says.html

Apple Inc. (AAPL) was ordered by a judge to publish a notice on its U. K. website and in British newspapers alerting people to a ruling that Samsung Electronics Co. didn’t copy designs for the iPad.


Dotcom judge quits the case
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10820496

Judge Harvey made the comments at NetHui during a conference discussion on copyright and trade talks with the US. He referred to a tweet which had played on a reference to cartoonist Walt Kelly: "We have met the enemy and he is [the] U. S. "


Pirate Bay block effectiveness short-lived, data suggests
http://www.bbc.co.uk/news/technology-18833060

A major UK internet service provider (ISP) said peer-to-peer (P2P) activity on its network returned to just below normal only a week after the measures were enforced earlier this year.


Patent troll takes last shot at owning "interactive web," but falls short
http://arstechnica.com/tech-policy/2012/07/patent-troll-takes-last-shot-at-owning-interactive-web-but-falls-short/

Now Eolas has taken a final, post-trial longshot, but missed its target again.


Red Hat, patents, software
http://piana.eu/red_hat

It's on Red Hat patent promise, which has some unfortunate language that can be interpreted as "in general software patents impede innovation", meaning that in some cases they don't. I think that my reply can be of more general interest and make an excerpt here, with a few minor edits.


ITC dismisses Kodak patent claim against RIM and Apple
http://www.theverge.com/2012/7/22/3175689/itc-dismisses-kodak-patent-claim-against-apple-rim

Kodak's plan to recoup its losses by leveraging valuable patents has just been shaken, as the International Trade Commission has dismissed claims that RIM and Apple are infringing on a technique for previewing images.


Google Says Some Apple Inventions Are So Great They Ought to Be Shared
http://allthingsd.com/20120720/google-claims-popularity-has-made-some-apple-patents-de-facto-essentials/

Google, which is facing a lot of regulatory scrutiny in the U. S. and abroad over what some allege is abuse of SEPs, has been arguing that proprietary non-standardized technologies that become ubiquitous due to their popularity with consumers should be considered de facto standards.


Apple, Google’s Motorola Unit Each Appeal Patent Rulings
http://www.bloomberg.com/news/2012-07-21/apple-google-s-motorola-unit-each-appeal-patent-rulings.html

Apple Inc. and Google Inc. (GOOG)’s Motorola Mobility unit filed separate appeals of a federal judge’s June 22 order dismissing their mutual patent- infringement claims.


Uniloc Accuses Minecraft (and Notch) of Violating Software Patents
http://www.pcmag.com/article2/0,2817,2407476,00.asp

Uniloc, a Luxembourg-based company that focuses on, "R&D, development and licensing of its technology by a large portfolio of intellectual property (IP) and software," has sued Minecraft creator Markus Persson, alleging that the Minecraft game for the Android operating system violates the company's patent #6,857,067.


Can the U.S. patent system be saved?
http://www.computerworld.com/s/article/9229100/Can_the_U.S._patent_system_be _saved

With the number of patent-related lawsuits on the rise, and the system set up to favor deep-pocketed giants over individual inventors and smaller companies, U. S. technology innovation is in for a continued shaky ride, according to patent experts and other observers.

***** Applications/Gadgets


Great open source map tools for Web developers
http://www.javaworld.com/javaworld/jw-07-2012/120718-open-source-map-tools.html

The explosive growth and endless optimism came crashing to an end in October 2011, when Google started charging heavy users. Light users could still get the services for free, but everyone else was going to pay to support the big map in the sky. It wasn't as tragic as it might seem, but Google's decision was one of the first to signal the end of totally free era.


Ohloh.net opens data for community use
http://www.itworld.com/it-managementstrategy/286574/ohlohnet-opens-all-data-community-use

Black Duck Software, which owns and operates the directory site of FLOSS projects and participants, announced at OSCON today the immediate release of all of the Ohloh. net data under the Creative Commons Attribution 3. 0 Unported license.


RedPhone now GPLv3
http://www.whispersys.com/redphone-now-open-source.html

RedPhone, our Android application for making secure voice calls, is now available as Free and Open Source Software!


Google Nexus 7 sells out at US shops
http://www.telegraph.co.uk/technology/google/9403637/Google-Nexus-7-sells-out-at-US-shops.html

In the United States, major retailers including GameStop, Sam’s Club and Staples are already reporting shortages of the Nexus 7.


Raspberry Pi turned into a portable workstation
http://www.geek.com/articles/chips/raspberry-pi-turned-into-a-portable-workstation-20120719/

What they have done is combine a mini wireless keyboard typically used with a smartphone, a USB power pack, and an small LCD monitor usually found in the backseat of a car.


MIPS Works with Android 4.1, Focused on Low-Cost Tablets
http://ostatic.com/blog/mips-works-with-android-4-1-focused-on-low-cost-tablets

Tablets based on MIPS chips and priced under $100 have made a mark around the world. Now there is news that MIPS will develop around Jelly Bean, otherwise known as Android 4. 1.


16GB Nexus 7 no longer available on Google Play
http://www.theverge.com/2012/7/21/3173987/nexus-7-16gb-google-play-sold-out

The 16GB, $249 version of Google's Nexus 7 tablet appears to have sold out of the company's own Play Store — its page on the site currently reads "coming soon" for users in both the US and the UK, offering a form for email notification when the Asus-built device becomes available again.

***** Reports


OpenStack faces the terrible twos
http://gigaom.com/cloud/openstack-faces-the-terrible-twos/

OpenStack turns two this week. That means the open-source project — which fancies itself the Linux of the cloud — is entering a critical stage of its development process.


Linux developers working on Windows UEFI secure boot problem
http://www.zdnet.com/linux-developers-working-on-windows-uefi-secure-boot-problem-7000000909/
http://www.pcworld.com/businesscenter/article/240347/will_windows_8_pcs_shut_the_door_on_linux.html

What we don't know is exactly how original equipment manufacturers (OEM)s will be implementing UEFI, never mind secure boot, on these new machines. To address this problem, James Bottomley, chair of the Linux Foundation's Technical Advisory Board, has released a version of the Intel Tianocore UEFI boot image and some code that Linux programmers can use to get around Windows 8's Secure Boot restrictions.


Intel Acquires Whamcloud for Supercomputing Scale
http://www.datamation.com/data-center/intel-acquires-whamcloud-for-supercomputing-scale-data.html

With Oracle's acquisition of Sun in 2010, Oracle took over leadership of the effort. Oracle, however, didn't show all that much interest in pushing Lustre forward, which is what helped to give birth to Whamcloud in 2010.


Hardware hacker startup grabs $3.65M for computer/Lego hybrid toy
http://venturebeat.com/2012/07/18/littlebits/

“Open-source software lowered the costs of innovation for software and Internet services and pushed it from big companies to startups,” said Ito in a release today. “The same thing is now happening in hardware, and LittleBits is one of the companies leading the way. ”


Twitter's Open Source Big Data Tool Comes to the Cloud Courtesy of Nodeable
http://techcrunch.com/2012/07/18/twitter-storm-nodeable-pivot/

Today Nodeable launched a new service called StreamReduce, a cloud-hosted real-time big data analytics product. StreamReduce is based on the same architecture as Nodeable’s existing IT operations monitoring tool.


Android-X86 4.0.4 (ICS) RC2 Released With ARM Translator, More [Android For Netbooks Or Laptops]
http://www.webupd8.org/2012/07/android-x86-404-ics-rc2-released-with.html

The Android-X86 project provides Android optimized for X86 so you can install Android 4. 0. 4 Ice Cream Sandwich on your netbook or laptop just like any other OS.


Assassins, Orcs, & Zombies, oh my! Valve brings Steam games to Ubuntu Linux
http://www.zdnet.com/assassins-orcs-and-zombies-oh-my-valve-brings-steam-games-to-ubuntu-linux-7000001056/

According to Valve, “Our mission is to strengthen the gaming scene on Linux, both for players and developers. This includes Linux ports of Steam and Valve games, as well as partner games. We are also investigating open source initiatives that could benefit the community and game developers. ”


Shuttleworth: Next year 5 percent of the world's PCs will ship with Ubuntu pre-installed #oscon
http://www.internetnews.com/blog/skerner/shuttleworth-nxt-year-5-percent-of-the-worlds-pcs-will-ship-with-ubuntu-pre-installed-linux.html

"Next year, 5 percent of the world's PCs will ship with Ubuntu pre-installed," Shuttleworth said. That's a number based on emerging markets, like India and China as well as brand news PCs from Dell.


A first look at Dell's Sputnik Ubuntu Linux developer laptop
http://www.zdnet.com/a-first-look-at-dells-sputnik-ubuntu-linux-developer-laptop-7000001166/
http://arstechnica.com/information-technology/2012/07/dell-launching-sputnik-the-ubuntu-developer-laptop-this-year/

The Sputnik won't be just for cloud developers. George said that there has been an incredible amount of interest in the project. “When I first put the word out I thought it would be a success if I got 4,000 hits on the proposal. It's now over 50,000 hits. ” Since then developers have been telling Dell in great detail what they want from a developer's laptop and Dell has been listening.


New life for the Open Source Initiative
http://www.zdnet.com/new-life-for-the-open-source-initiative-7000001148/
http://webmink.com/2012/07/19/osi-opens-for-membership/

At OSCon, the OSI announced that it would accepting applications for Individual Membership. The new Individual Membership category allows individuals who support the mission and work of the OSI to join discussions about that work, to be represented in the evolving governance of the OSI, and to spin up task-focused Working Groups to tackle open-source community needs.


MeeGo Startup Jolla Signs Deal With China's D.Phone
http://www.pcmag.com/article2/0,2817,2407191,00.asp

Jolla has not released details about its first product, which is expected to be revealed later this year, according to the companies' release.


Facebook exec: Celebration premature until OEMs open source their x86 systems
http://www.zdnet.com/facebook-exec-celebration-premature-until-oems-open-source-their-x86-systems-7000001243/

Facebook’s Open Compute Project leader said the open source movement won’t be complete until all core hardware design specs – including x86 PCs – are open.


HP's Enyo 2.0 application framework released
http://www.h-online.com/open/news/item/HP-s-Enyo-2-0-application-framework-released-1647325.html
http://arstechnica.com/information-technology/2012/07/webos-legacy-lives-on-as-next-generation-enyo-framework-exits-beta/

Enyo is a cross-platform, object-oriented JavaScript web application framework, which has a simple encapsulation model to allow apps to be constructed from self-contained building blocks.


Oracle courts CentOS users
http://linux.oracle.com/switch/centos/

We're putting Oracle Linux in your hands by doing two things: * We've made the Oracle Linux software available free of charge * We've created a simple script to switch your CentOS systems to Oracle Linux

***** Snippets


Kororaa 17 Is Now Available for Download
http://news.softpedia.com/news/Kororaa-17-Is-Now-Available-for-Download-281422.shtml

Firebug 1.10 released with new cookie manager
http://www.h-online.com/open/news/item/Firebug-1-10-released-with-new-cookie-manager-1641591.html

Linux 3.5 rc7

https://lkml.org/lkml/2012/7/14/186


BSD For Human Beings?
http://www.unixmen.com/bsd-for-human-beings-interview/

Tech Comics: Pavlov
http://www.datamation.com/news/tech-comics-pavlov-1.html

Fail Client: How Linux Fails At The Corporate Desktop
http://www.thepowerbase.com/2012/07/fail-client-how-linux-fails-at-the-corporate-desktop/

The Perfect Server - CentOS 6.3 x86_64 (Apache2, Dovecot, ISPConfig 3)
http://www.howtoforge.com/perfect-server-centos-6.3-x86_64-apache2-dovecot-ispconfig-3

Android 4.1 Jelly Bean is Hard to Crack
http://www.trustedreviews.com/news/android-4-1-jelly-bean-is-hard-to-crack-says-security-expert

31 Flavors of Linux
http://ostatic.com/blog/31-flavors-of-linux

Mint and openSUSE: My take on four Linux release candidates
http://www.zdnet.com/mint-and-opensuse-my-take-on-four-linux-release-candidates-7000000954/

Valve launches Linux blog, officially announces Steam for Ubuntu
http://www.engadget.com/2010/04/23/steam-for-mac-beta-reveals-possible-linux-compatibility-in-the-p/

Why To Look Forward to GNOME 3.5.4
http://ostatic.com/blog/why-to-look-forward-to-in-gnome-3-5-4

Open Source OpenStack ARMs the Cloud
http://www.serverwatch.com/server-news/openstack-debuts-trystack.html

PS3 Media Server 1.60 Supports Ubuntu 12.04 LTS
http://news.softpedia.com/news/PS3-Media-Server-1-60-Supports-Ubuntu-12-04-LTS-281944.shtml

Mozilla Firefox 14 Secures Google
http://www.datamation.com/applications/mozilla-resets-firefox-13.html

KeePassX: Keeping Your Passwords Safe
http://www.linuxjournal.com/content/keepassx-keeping-your-passwords-safe

FreeBSD 9.1 enters beta
http://www.freebsd.org/

OpenNebula 3.6 Brings a Raft of New Tools and Marketplace Integration
http://www.opennebula.org/

Ubuntu and Thunderbird: What the Future May Hold
http://www.thevarguy.com/2012/07/15/ubuntu-and-thunderbird-what-the-future-might-hold/

Linux Deepin 12.06 preview
http://www.linuxbsdos.com/2012/07/17/linux-deepin-12-06-preview/

SimplyMEPIS 12 Gets an Early Alpha
http://ostatic.com/blog/simplymepis-12-gets-an-early-alpha

The Best Features Of The Linux 3.5 Kernel
http://www.phoronix.com/scan.php?page=search&q=Linux+3.5

How to Try New Firefox OS on Your Linux Desktop
http://www.ubuntuvibes.com/2012/07/how-to-try-new-firefox-os-on-your-linux.html

Firefox 14 Encrypts Google Searches
http://www.pcmag.com/article2/0,2817,2407263,00.asp

Komodo 7.1 lets users add their own language support
http://www.activestate.com/

Ubuntu's Unity Desktop Comes To Fedora 17
http://www.phoronix.com/scan.php?page=news_item&px=MTE0Mjc#

LinuxCon Keynote Q&A: Qualcomm's Rob Chandhok on Why Linux is Essential to the Company's Success

https://www.linux.com/news/featured-blogs/185-jennifer-cloer/606604-linuxcon-keynote-qaa-qualcomms-rob-chandhok-on-why-linux-is-essentail-to-the-companys-success


Open Source Initiative Accepting Individual Members
http://www.eweek.com/c/a/Linux-and-Open-Source/Open-Source-Initiative-Accepting-Individual-Members-196233/

How to Get Started with ActiveMQ
http://olex.openlogic.com/wazi/2012/how-to-get-started-with-activemq/

Top 10 Ubuntu App Downloads for June 2012
http://news.softpedia.com/news/Top-10-Ubuntu-App-Downloads-for-June-2012-282169.shtml

The Return of MeeGo: Phones and Apps and Games, Oh My!
http://www.linuxinsider.com/story/The-Return-of-MeeGo-Phones-and-Apps-and-Games-Oh-My-75674.html

MS Outlook vs Linux Alternatives: the Best Choice?
http://www.datamation.com/open-source/ms-outlook-vs-linux-alternatives-the-best-choice-1.html

5 Reasons Why Commercial Software Companies Care About Open Source and Linux
http://www.readwriteweb.com/enterprise/2012/07/5-reasons-why-commercial-software-companies-care-about-open-source-and-linux.php

Microsoft Removes Embarrassing 'Big [redacted]' String From Linux Code
http://www.forbes.com/sites/adriankingsleyhughes/2012/07/21/microsoft-removes-embarrassing-big-boobs-string-from-linux-code/
---
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