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 #458 Period ending 1 August 2012

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

President Obama made a comment to the effect that the provision of Government infrastructure contributes to the success of businesses in the US. A quote was taken and used in attack ads by Mitt Romney, whence followed the absurd suggestion that the US Government wasn't involved in the creation of the Internet - therefore the history of the Internet stories this week. Apple v Samsung dispute is everywhere. More news on Valve's support for Linux.

*From my blog:

Verbatim distribution with attribution ok.

Other distribution - email me.



Brendan Scott

Open Source Law

***** Open Standards/ODF

German Court Rules In Favor Of Microsoft In FAT Technology Patent Case

A German court has ruled in favor of Microsoft in a patent infringement case against Google’s Motorola Mobility unit. In the judgment, Microsoft won the ability to place an injunction on Motorola to stop the sale of phones using Microsoft’s FAT technology, for which it holds an international patent.

***** Other

The Walled Garden Approach Won't Work For Microsoft

Even the word “showcase” might be misleading. The truth is, Microsoft thinks that business is still tightly locked into the proprietary Office formats, so it’s trying to get a message to the enterprise that “bring you own device” should refer only to Microsoft devices that will integrate with their existing IT infrastructures.

***** Off Topic

A History of the Internet,0,5052169.storyazzzz

But the four-year old Advanced Research Projects Agency (ARPA) of the U. S. Department of Defense, a future-oriented funder of ‘high-risk, high-gain’ research, lays the groundwork for what becomes the ARPANET and, much later, the Internet.

Skype Won't Say Whether It Can Eavesdrop on Your Conversations

New surveillance laws being proposed in countries from the United States to Australia would force makers of online chat software to build in backdoors for wiretapping.

Google launches Kansas City fiber net, intros Google Fiber TV

Google launched its 1-gigabit-per-second broadband service in Kansas City today and also unveiled a new interactive television service called Google Fiber TV, in a move it hopes will push the broadband and paid TV industries to deploy speedier networks at a lower cost.

Jack Daniel’s Cease-and-Desist Letter Goes Viral for Being Exceedingly Polite

Above the Law noted the letter. “Well, you know what they say,” the blog observes. “You get more flies with Tennessee whiskey than you do with adversarial attorneys. ”

Record Crowd Participates in DigitalPreservation 2012

Dash warned that proprietary applications lock up content and put it at serious risk of loss or misappropriation. The way around this involve linking apps to the web, which permits copying and preservation.

***** Government/Policy

Red Hat, patents, software

And now I am looking at you, Google. You make boatloads of money and have spent tons of cash to amass a patent portfolio to very little avail. Quit this nonsense, make a better use of money. You must start speaking "patent on software must not be allowed" as soon as the CEO wakes up and stop saying it when the last employee has gone to bed, then go back to step one.

Facebook, Google, eBay and Amazon join US lobby group

Google, Facebook, Amazon and eBay are joining forces to create a powerful pro-internet lobbying group in the US.

1996: Only Microsoft can do Microsoft

A backroom deal with Microsoft was justified therefore, because only Microsoft could supply Microsoft software.

Artists: Be The Change, Submit Comments! Deadline EXTENDED to August 10th

You can comment on anything, but she is probably looking for specific comments about how good a job you think the US government is doing in enforcing our IP laws and protecting artist rights and any ideas you have about how the government could be doing more.

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

Apple v Samsung

The sales injunction, awarded by a Dusseldorf appeals court earlier today, seemingly conflicts with a UK court ruling earlier in July which ruled that the 7. 7-inch tablet had not, in fact, copied the iPad’s aesthetic.

Purposeful pollution: An Apple patent, but not an Apple idea

The title of the patent -- "Techniques to pollute electronic profiling" -- was immediately intriguing to the privacy fanatic in me.

NTP Announces Patent Settlements With 13 Tech Firms

NTP didn't disclose the terms of the patent settlements. The agreements allow the tech firms to use NTP's patented technology, including eight U. S. patents related to the delivery of email over wireless systems, NTP said in a press release.

Apple vs. Samsung: Another Patent Slapfight, Another Exasperated Judge

“Why on earth are these proceedings going ahead?” Bennett asked. “It’s just ridiculous. … Why shouldn’t I order the parties to mediation?”

ITC dismisses Kodak patent claim against RIM and Apple

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.

Why Open-Source Principles Are a Recipe For Innovation

Two weeks ago, Amy Clark wrote that an open-source model can — and should — be applied to scientific research in the pharmaceutical industry. Using insights from Ashoka Fellow Stephen Friend, she showed that open-source science would eliminate redundant efforts and fast-track lifesaving drugs.

Apple digs in to protect ‘app store’ name

At a time when Amazon poses a growing threat to its dominant iTunes service, Apple is doubling down on efforts to drive its rival away from the term “appstore. ”

Rambus loses ITC case against chip makers

The U. S. International Trade Commission (ITC) Wednesday (July 25) finding that a group of chip makers did not violate several patents held by technology licensor Rambus Inc.

Musicians need strong copyright laws to excel globally

Comment posted to The Telegraph

Craigslist sues site that makes its apartment listings easier to find

Following-up on its cease-and-desist letter sent last month, Craigslist has now filed a lawsuit alleging copyright infringement against PadMapper, a website that plots Craigslist apartment listings on a map and makes it much easier to use.

Another app maker sues to stop Lodsys patent troll

While a handful of small companies have attempted to stand up to Lodsys in the past, they have typically withered quickly under the legal cost. More recently, major companies like Oracle, Apple and Google have gone to court in attempts to smash the troll and protect app makers.

Government: we can freeze Mega assets even if case is dismissed

Judge Liam O'Grady is weighing a request to dismiss the indictment against Megaupload because (in Megaupload's view) the federal rules of criminal procedure provide no way to serve notice on corporations with no US address. At a hearing in Alexandria, VA, he grilled both attorneys in the case but did not issue a ruling.

Verizon, Comcast, and the Patent Wars

The real answer that is that no combination of conditions on these deals can really prevent the public interest harms they would likely create, but there are some conditions that could somewhat lessen the public interest harms.

Judge concerned about "indicia of improper conduct by plaintiffs' counsel"

How A (Non-Apple) U.S. Patent Might Just Change the World

Depending on the final outcome, the case may prove momentous not simply because Apple is seeking an unprecedented $2. 5B in damages, but because the nature of Apple’s patent infringement claims against its rival hinge on particular design elements of its iPhone that may or may not have “changed the world. ”

Taiwan University Sues Apple Over Siri,2817,2407816,00.asp

A Taiwan-based university has filed suit against Apple for infringing on two speech-recognition patents with its Siri mobile app.

RIAA's Backdoor Plan For Using 'Six Strikes' Plan To Cut Off Internet Access For People

But here's the sneaky part: the RIAA is ready to insist that a reasonable termination plan under the DMCA would require an ISP to terminate a user once they get to those six strikes. In other words, the plan doesn't require termination -- which was necessary from a PR standpoint -- but the RIAA is going to claim that the law already requires it.

Bancorp Services: Further Fracturing of the Patent Eligibility for Business Methods and Systems

The Bancorp Services case involved two patents, U. S. Pat No. 5,926,792 (the ‘792 patent) and U. S. Pat No. 7,249,037 (the ‘037 patent), relating to methods, systems, and computer-readable media for administering and tracking the value of life insurance policies in separate accounts.

***** Applications/Gadgets

$49 Android PC’s ROM, kernel and bootloader released

It has just been announced that the ROM, kernel and bootloader for the APC (Android PC) are now available for public download. The APC is an initiative of VIA Technologies Inc., a manufacturer of integrated circuits based in Taiwan.

Dementia app now available on Android

The world's first mobile application aimed at reducing people's dementia risk is now available for Android phone users.

Smart meter hack framework goes open-source

The software is described as having a structure like Metasploit, with a similar interface and ability to be extended with external modules.

Google's 16GB Nexus 7 Disappears from Play Store

Google’s $250 16GB Nexus 7 tablet disappeared from Google’s online Play store over the weekend due to overwhelming demand, according to an online report.

VortexBox 2.1 Includes Logitech Media Server 7.7.2

Yesterday, July 24th, Andrew Gillis announced the release of VortexBox 2. 1, a Fedora-based operating system that turns any computer into a music server or jukebox.

Gooseberry An alternative to Raspberry Pi

Gooseberry is another alternative to Raspberry Pi, and according to the manufacturers it is three times faster than its rival.

Arduino Leonardo finally available

Arduino users are about to get a major upgrade, as the brand new Arduino Leonardo is now being made widely available. The new microcontroller is now powerful enough to handle USB communication without the use of an extra chip like in the older Uno board.

Black Hat: Open Source Web Application Firewall Comes to Microsoft IIS

At the Black Hat security conference this week, ModSecurity developers will for the first time make their WAF available for the Microsoft IIS web server as well as the nginx open source web server.

Apache OpenMeetings 2.0 Incubating released

This is our first release as Apache project and there have been major changes almost everywhere in the application.

Oracle Bakes NetBeans IDE 7.2

NetBeans IDE 7. 2 also includes FXML and CSS3 enhancements plus support for: PHP 5. 4; PHP editor enhancements; PHP annotations and Symfony 2; C++11 standard and debugging improvements; Maven 3. 0. 4; and Groovy 1. 8. 6. TestNG can be selected as an alternative to the JUnit framework when creating tests. In addition, wizards for creation of TestNG-based test cases and test suites are now available.

***** Reports

Open Source For Me But Not For Thee

When IBM (IBM) failed in operating systems two decades ago, it slowly began embracing Linux, eventually unifying its whole product line under the open source operating system. The results were spectacular.

Oracle 'winding down' open-source HPC language project started under Sun

Oracle researchers are "winding down" development of the Fortress programming language for high-performance computing, an effort started nearly 10 years ago by Sun Microsystems.

webOS legacy lives on as next-generation Enyo framework exits beta

HP announced this week that version 2 of the Enyo JavaScript framework is now officially out of beta. The open source library has been deemed stable and ready for production use.

How VMware Embraced Its Open Source Nemesis

VMware just spent $1. 26 billion to secure its place in the future of computer networking. But in acquiring the swashbuckling Silicon Valley startup Nicira, the virtualization giant is also shifting even further into the world of open source software, a world it was once very much at odds with — and in some ways still is.

Dell offers new laptops with Red Hat Enterprise Linux

Dell is expanding the range of laptops with Linux, with its new Precision mobile workstations being offered with Red Hat Enterprise Linux 6 OS as an option.

Intel, Google revamping Android 4.1 for Atom powered devices

While ARM based products are already powered by the latest Android 4. 1 Jelly Bean, for now, Intel is trying to catch-up in market. In order to move ahead with plans to break into this segment, Intel engaged manufacturers including Lava International, Orange and Lenovo for Intel powered smartphones running Android.

Fedora rewards contributors with Summer of Fun

The hardware will be given away in a random draw, and you can choose which device to be eligible for. To enter, you need to have a Fedora Project Account, have signed the Contributor Agreement, and be a member of at least one non-CLA/FCPA Fedora Group. You’ll also need to explain in 500 characters or less the kind of projects you want to use the hardware.

Microsoft profits from Linux patent FUD

Microsoft has long made some nice cash from convincing Android vendors that they should pay them for Linux-related patents. Now, for the first time, a company that uses Linux on its servers. Amdocs has publicly paid off Microsoft for patents covering Linux.

Smartphones power record Samsung profit of $5.9 bln during Apple lull

Samsung Electronics Co , the world's top technology firm by revenue, reported on Friday a record operating profit of $5. 9 billion for the June quarter, as rampant Galaxy S handset sales helped stretch its lead over Apple Inc.

Nokia scraps phone software to conserve cash: sources

Finnish cellphone maker Nokia has ditched the software it was developing to compete with Google's mass-market Android phones, three sources with direct knowledge of the company's plans said, in its latest move to slash costs.

Jonathan Schwartz: Oracle bungled its chance at mobile Java

Google almost became a Java ally when it needed something to help its Android mobile operating system span many devices. Instead, Google plucked what it liked from Java but left behind the brand name and its promise of app compatibility. Schwartz wasn't happy but let the issue lie.

Is Valve's Linux gamble over Windows 8 a shot in the dark?

Gabe Newell, co-founder and managing director of the video game development and online distribution company Valve, thinks that Windows 8 will be "a catastrophe for everyone in the PC space," and is looking to Linux as a hedging strategy in case Windows 8 disrupts the success of the Valve gaming portal.

Support for Apple iOS over Android for enterprise apps widens significantly

"The big news is that Apple's iOS took a dramatic lead over Google's Android in the enterprise app space," said Scott Ellison, vice president, Mobile and Connected Consumer Platforms at IDC. "For developers, Android appears to be evolving more towards a consumer play, which in turn provides a key competitive opening for Microsoft in the enterprise mobile app space. "

Is Google headed toward an Android Nexus PC?

Google's Android operating system for mobile devices has gained significant traction in the market. Will Google follow this success up by pushing the OS into more sophisticated computing devices? Or will it use its browser based-OS Chrome to take on Apple and Microsoft in the PC software market?

Open-Source Startup Meteor Gets $11.2M from Andreessen Horowitz

Meteor Development Group (MDG) raises $11. 2 million in funding from Andreessen Horowitz and others to fund development around the open-source Meteor Web app development platform.

Can open source save HP?

The fact that HP is implementing OpenStack means customers will have an open choice of provider as public clouds grow, which quells fears of lock-in.

Still waiting for UEFI plans, as Fedora moves ahead

The Fedora Engineering Steering Committee has voted 7-0 to move forward with the Fedora Project's UEFI Secure Boot plan, thus formally activating the plan for the upcoming release of Fedora 18.

How Google ganked Android app developers

The capability to sideload apps has long been a vector for potential malware on Android, and Gemmell levels charges that it's a big channel for piracy, too.

Linux Desktops Dominate at Black Hat

Linux came in at 19. 9 percent of the total users on the Wi-Fi network. Windows came in at 19. 2 percent and Mac OS was 13. 7 percent.

Open source model disrupts the commercial drone business

Anderson said the whole project is “open sourcing the military industrial complex. ” Drones have been the domain of the U. S. military, which has created huge awareness about drones such as the Predator and the Reaper by using them against terrorist targets in a variety of areas where troops can’t go. Those drones cost millions of dollars, but the DIY drone business is focused on created ubiquitous drones that cost tens of dollars.

BT backpedals on claims almost every Android device has malware

British Telecom has backpedaled on claims that one third of Android apps are compromised with some form of active or dormant malware, and that almost every Android device is infected. The company has refused to publicly reveal its research.

Meet Linux Viruses

So, viruses for Linux are not non-existent entities they exist, but thankfully, the risk posed by these viruses are minimal in fact negligible in most cases. This is why we say Linux is virus-proof; by that we mean Linux has a very strong architecture. However it’s always a good practice to keenly observe the content you surf on internet and your attachments and downloads.

Installing Linux on Windows 8 PCs: No easy answers

It also happens to stop you from easily installing Linux or any other operating system, such as Windows 7 or XP, on a Windows 8 system. Thanks Microsoft. We really needed that kind of protection!

***** Snippets

Linux Mint 13 now in KDE, XFCE flavours

Linux 3.5 Advances Open Source Stability

Kororaa 17 Available, Not Announced

Wordpress Performance Comparison: Using Nginx, Apache, APC and Varnish in Different Scenarios

GNOME 3.5.4 Comes With a Revamped Nautilus

Dual-boot Pear Linux 5 and Windows 7 on a PC with 2 hard drives

Linux Mint 13 KDE Edition Has Been Released

What's new in Linux 3.5

Microsoft Apologies for 'Big Boobs' Coding Gag,2817,2407478,00.asp

HealthCheck Mandriva - Rebooting the company

Barton George interviewed at OSCON 2012

Linux Patches Intel Flaw 6 Years Ahead of Windows

Linux Mint 13 KDE Released

SUSE Linux powers 147,456-core German supercomputer

>From Windows to Linux In No Time

Chrome OS Linux 2.1.1145 Is Powered by Cinnamon 1.4

A Full LuninuX Experience

Ubuntu 12.10 Alpha 3 unifies user menus

Ext4 vs. Btrfs: Why We’re Making The Switch

GNOME 4.0, GNOME OS Coming In 2014 & Other Crazy Plans

Gamecaster, New Real Time Video Capture Tool for Linux Games

Open source won

OpenStack: Allegation of abusive conversation under investigation

Ubuntu 13.04 Developer Summit: 29th Oct - 1st Nov

Open source for MBAs: A primer

Openfiler Enterprise NOS: Capable but Tricky

Gnome-Schedule – GNOME scheduler for automatic tasks

Uhuru platform spans .NET, open-source worlds

Linux Kernel 3.4.7 Is Available for Download

Is GNOME 'Staring into the abyss'

Netflix attacks own network with "Chaos Monkey"—and now you can too
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