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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 #459 Period ending 7 August 2012

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

Apple v Samsung has garnered a heap of stories this week. So much so that recording them is getting a little tedious. The main aspect this week was Apple complaining when Samsung made public filings in their case... available to the public. That said, there are a number of notable stories this week - in Government stories, apparently procurement is biassed against open source, in IP NASA's videos of the Mars Curiosity probe were subject to a Youtube takedown and a decision that overturned an injunction against "embedding" a video.

*From my blog:

Verbatim distribution with attribution ok.

Other distribution - email me.



Brendan Scott

Open Source Law

***** Government/Policy

Biased Buyers Blocking Open Source

A recent report shows that 17% of ICT procurement across Europe is biased, with the UK the 4th most common offender.

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

NASA's Own Video of Curiosity Landing Crashes Into a DMCA Takedown

Ten minutes later, the video was gone, replaced with the message: 'This video contains content from Scripps Local News, who has blocked it on copyright grounds. Sorry about that. ' That is to say, a NASA-made video posted on NASA's official YouTube channel, documenting the landing of a $2. 5 billion Mars rover mission paid for with public taxpayer money, was blocked by YouTube because of a copyright claim by a private news service. "

Flava Works v Gunter: Injunction Vacated

The appellate court, however, did no such thing. What it did do was vacate a preliminary injunction against video bookmarking site myVidster because the district court had applied the wrong standard.

Draconian 'Wi-Fi police' stalk Olympic Games

The absurdities don't end there. According to Britain's Daily Telegraph, Fish and chip stalls have been advised they are not allowed to serve chips on their own without fish as McDonald's is the official chip maker of the Games. The Independent reported that the ban on chips extended to 800 retailers at the 40 Olympic venues.

Why Patents are bad (aka Samsung v Apple),2817,2407935,00.asp

This is what Samsung was considering putting to market in the summer of 2006, six months before the unveiling of the iPhone.

Apple Inc. Loses Patent Claim vs. Kodak

Apple, Inc. (NASDAQ:AAPL) It seems that in the courts, Apple, Inc. (NASDAQ:AAPL), is not entirely invincible. The juggernaut that is Apple, Inc. , was given a partial setback Thursday when U. S. bankruptcy judge Allan Gropper awarded Eastman Kodak two of 10 patents that Apple had disputed during Kodak’s bankruptcy process.

Bill would force patent trolls to pay defendants' legal bills

A new bill introduced in the House of Representatives attempts to deter frivolous patent litigation by forcing unsuccessful patent plaintiffs to cover defendants' legal costs.

Google: Motorola’s patents were just $5.5B of $12.4B price

The real value of Motorola’s patent portfolio comes when it can safely lead Android devices through a minefield of legal threats surrounding its nebulous hardware history. As smartphones and computers collide in the marketplace, having a distinct background as a cell phone manufacturer, rather than software creator, could give Google and all of its Android allies the cover so far lacking.

Apple-Samsung Case Hurts You, Me, The Economy

Its direct costs are sapping promising young companies and R&D budgets. It's frustrating the forces of innovation that are vital to economic renewal.

EA levels copyright lawsuit against Zynga

Zynga's General Counsel, Reggie Davis, has released a statement to the media denying the allegations, and accusing EA of not even understanding what a copyright is.

Google records show book scanning was aimed at Amazon

The Authors Guild filing, which asks Google to pay $750 per book, also reveals new details about how Google went about the massive scanning project which has produced more than 20 million digital titles since it began almost 10 years ago.

Director Kappos: Some Thoughts on Patentability

a reprint from USPTO Director Kappos' recent statement on patentable subject matter

Book printed with disappearing ink needs you to read before its expiration date

[A book that is "improved" by deliberately making it worse]

When a reader takes the book out of its package, he or she has up to four months to finish reading the Latin American literature within before the ink slowly fades away due to exposure to air and light. Once the ink is gone, the book becomes just your average blank notepad. This concept, which won three gold medals and a Bronze Lion at Cannes 2012 Festival of Creativity, pushes readers to actually get through the book in a respectable time, but won’t be popular among those who want to reread stories, or want to pass it on to a friend.

***** Applications/Gadgets

Android gaming tablet Wikipad sheds 3D, grows to 10"

The hardware of the tablet (setting aside the controller attachment) seems solid. The Wikipad is now a 10. 1" tablet with a 1280x800 IPS display. Inside is a Tegra 3 T30 chip running at 1. 4 Ghz.

Netflix open sources its army of monkeys that attack Amazon's cloud

Netflix has released Chaos Monkey, which it uses internally to test the resiliency of its Amazon Web Services cloud computing architecture, making available for free one of the tools the video streaming company uses to keep its massive cloud computing architecture running.

Second One Laptop Per Child's XO Touch touchscreen finalized

Shown at CES, the next OLPC product will include a touch screen, and it’s been revealed that Neonode will be supplying the touch screen for the XO Touch when it is finally released.

IBM Debuts Next Gen IPS - Linux Powered!

The GX 7800is a 20 Gbps Linux powered system that got its last major update in 2011. The new XGS 5000 is also Linux based.

ZaReason's Valta X79 - Linux system review

I was recently contacted by Earl Malmrose of ZaReason, who wanted to know if I'd like to review ZaReason's new Linux-based desktop computer, built around the new Intel 6-Core processor and quad channel memory.

'Shadowrun Online' MMO Confirmed for Linux

Shadowrun Returns is already heading to Linux in Jan 2013 after raising more than $1. 8 million in Kickstarter crowd funding campaign.

Microsoft Continues to Open Up, Makes Entity Framework Open Source

Now, Microsoft has made entity framework, a development library that shields developers from the low-level details of manipulating data, open source.

Oracle Releases VirtualBox 4.2 Beta 1

Oracle has put out their first (beta) development release of Oracle VM VirtualBox 4. 2. The 4. 2 release series brings several new features to this easy-to-use virtualization platform.

I want a little penguin powered friend

You should have guessed by now that I am talking about a robot. One of the most advanced robots for public sale that I have ever seen.

Apple, be afraid... be very afraid

I’ve just spent a few days with Samsung’s much hyped Galaxy S3, and I can see what the late Apple boss was so worried about. The Android powered S3 is superior to the iPhone 4S in almost every respect. Not surprising then that Samsung’s already sold more than 10 million of them.

***** Reports

Open Source Asterisk Leader Kevin Fleming Leaving Project

Fleming announced today that he is now moving on from Asterisk and its corporate parent Digium.

HP kills the platform again: Open webOS not for existing HP devices

Is the inability to run on existing devices due to insufficient hardware? No, it's due to the "many proprietary components" that preclude ever running Open webOS. That's strange since HP, which is behind the Open webOS effort, also owns the existing HP webOS line.

Red Hat CEO Likes CentOS Linux. Oracle Linux, Not So Much

Having CentOS out there is a good thing. It broadens our community. There are people that don't need the things that we have in subscription and it's great that there is an offering build off the same code base.

Creator of Minecraft agrees Windows 8 will be bad for gaming

Gabe Newell had talked to VentureBeat about the future of gaming. Newell said that many don't realize the importance laid upon games by consumers when choosing an operating system. “The big problem that is holding back Linux is games. People don’t realize how critical games are in driving consumer purchasing behavior,” he said.

Why The Open Cloud Wins And Oracle Loses When IT Gets Virtualized

VMware now has to make a choice. Will they embrace OpenStack and differentiate with Cloud Foundry, its innovative platform as a service? Or will they go the way of Oracle and create their own proprietary stack?

Android 4.1 Jelly Bean hits 0.8 percent market share

According to data collected by Google, based on devices accessing the Google Play store within a 14-day period up to August 1, the new Android version is already installed on 0. 8 percent of devices.

KLANG: A New Linux Audio System For The Kernel

Moving the audio system into the kernel is said to be "the only reasonable thing to do" for the lowest possible latency and best performance, compared to projects like PulseAudio and JACK living in user-space.

Rackspace Finally Goes Public with OpenStack Service

Existing Rackspace cloud customers, though, will not automatically benefit from the new OpenStack based offering.

Google Cracks Down on Deceptive Android Apps

Google is also restricting developers from using names or icons similar to existing apps, ostensibly to cut down on piracy.

Linux lessons for Hadoop doubters

In fact, if anything, we are still only on the first few steps of the Big Data marathon, a race that Hadoop seems set to win despite its many shortcomings.

Harvard creates software for 3D printing articulated action figures

A team of computer scientists at Harvard University have developed a piece of software that allows anyone to 3D print their own action figures at home. Not only will the models carry the likeness of the character, they will also be fully articulated.

Microsoft and Amdocs: The Linux Connection Is Just FUD

In fact, it appears as if Linux licensing isn’t really a part of this deal at all.

Nokia shutters Qt Brisbane office

The Australian office was considered a cornerstone of putting the Qt framework onto mobile platforms.

Android malware made easy with modular kit

Now a new threat to Android may be on the horizon: A pair of security researchers are planning to make public next month a modular, open source framework called AFE (Android Framework for Exploitation) that bad guys can use to build and tailor Android malware to suit their tastes.

Microsoft mum on reasons for secure boot

On the ARM platform, however, a device which is sold with Windows 8 will be able to run only that version of Windows.

CDE released as open source

Sadly, CDE was closed source, and as such, never gained much traction beyond big-iron UNIX systems like Solaris and HP-UX.

Open Source ERP Buyer's Guide

Open source is still a small subset of the ERP market, yet its promise of low cost and added flexibility means it merits investigation, especially for entry-level ERP deployments.

***** Snippets

5 Linux Distros focused on computer security

Zorin OS 6 Core: fresh blood

KDE Software Compilation 4.9 Officially Released

Three tips for working with open source diagrams

Fedora 18 to get MATE desktop, Samba 4 and ownCloud

Debian 8.0 Will Be Known as Jessie

Scientific Linux 6.3 RC1 Comes With LibreOffice

Pentoo 2012 Beta Has Been Released

MATE 1.4 desktop improves Caja file manager

SolusOS: A New Linux Distro with a Focus on the Familiar

Google Wants Chrome 21 to See You

New Ubuntu 12.10 Unity Concept Looks Amazing

Android 4.0 ported to Raspberry Pi's $35 Linux computer

Dreaming a Little Dream of the Ideal Linux Distro

Geek Time with Eben Moglen

openSUSE 12.2 RC2 Is Now Available for Testing

How To Install Cinnamon Desktop On Fedora 17

Stresslinux Torture-Tests Your Hardware

Kororaa 17: What Fedora should be!

How to get your Linux feet wet with UNetbootin

Is usability breaking Linux adoption?

First beta for Debian 7.0's installation media

Speed Up with Midori!

Nemo: The Linux Mint Team Forks Nautilus

Where Did the Internet Really Come From?
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