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 #460 Period ending 13 August 2012

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

Apple v Samsung continues to make the headlines with heaps of stories this week. Innovators and VCs ask the US government for less IP, an unfortunate story about a (legitimate) online lending library which was taken out by vigilantes and apparently there's been a trademark issue between the Open Source Initiative and an open hardware organisation.

*From my blog:

Verbatim distribution with attribution ok.

Other distribution - email me.



Brendan Scott

Open Source Law

***** Off Topic

A belt and suspenders for your cloud storage

However secure you think your cloud storage is, why solely rely on it when keeping an extra backup can cost from very little to nothing at all?

Internet Archive adds 1 million-plus torrent files for free movies and other media

But the nonprofit organization announced Tuesday that it has added BitTorrent links to over a million files.

Aug. 7, 1991: Ladies and Gentlemen, the World Wide Web

The web has changed a lot since Tim Berners-Lee posted, on this day, the first webpages summarizing his World Wide Web project, a method of storing knowledge using hypertext documents. In the months leading up to his post, Berners-Lee had developed everything necessary to make the web a reality, including the first browser and server.

Google to Launch Packaged Desktop Applications

Packaged apps will deliver an experience as capable as a native app. Just like web apps, packaged apps are written in HTML5, JavaScript, and CSS. But packaged apps look and behave like native apps, and they have native-like capabilities that are much more powerful than those available to web apps.

***** Government/Policy

Entrepreneurs & VCs Tell The White House To Focus On Innovation, Rather Than IP Enforcement

The key to our filing is to point out that if the White House really wants to deal with infringement, the absolute best way to do so is to encourage and enable greater innovation.

Stallman comes out against Steam for Linux

“Nonfree game programs (like other nonfree programs) are unethical because they deny freedom to their users. (Game art is a different issue, because it isn’t software). If you want freedom, one requisite for it is not having nonfree programs on your computer. ”

Anonymous donors bring Hollywood production values to anti-MPAA video

A video accusing the American government of selling out to Hollywood has made a splash after being featured on the front page of the Pirate Bay, where it has garnered over 10 million views. Anti-Hollywood sentiment is nothing new, especially on The Pirate Bay, but what sets this video apart is its top-notch—one might even say Hollywood-caliber—production values. to offer textbook rental service

A 2005 Government Accountability Office report found that textbook prices have increased at twice the rate of inflation over the past two decades, and that in the 2003-04 academic year, students spent more than $6 billion on new and used textbooks.

No Surprise, CIS Reliably Sides With Users

This simple pro-user principle explains why CIS is such a fair weather friend to companies. We often fight positions taken by Google and Facebook on privacy and often support positions taken by Google and Facebook on copyright. I say often because we do not always agree.

SUSE details its Secure Boot plans

Red Hat developer Matthew Garrett, who is leading the development on Fedora's Secure Boot plans, has called SUSE's implementation of the MOK file and its protection via an UEFI Boot Services Only variable "a wonderfully elegant solution. " Garrett assumes that SUSE's shim extension will find its way into Fedora's boot approach since it simplifies the process, but is not saying when this would happen.

Former MPAA CTO Tells The White House Why SOPA Is The Wrong Approach For IP Enforcement

Back in January, he and I faced off on a panel in Washington DC the day before the Internet blackout, in which he tried to defend the MPAA's position on SOPA, though almost everyone who watched the panel noted that his statements appeared half hearted. It was little surprise two months later to see Brigner leave the MPAA to go work for the Internet Society, who fought strongly against SOPA. Since then, Brigner has more or less admitted that SOPA was a bad idea.

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

Apple vs. Samsung,0,5791363.story

After over a year of drama, the patent battle between Apple and Samsung heads to trial in California today.

Judge sides with porn P2P plaintiff, setting up legal showdown

Since the plaintiff only had IP addresses for the defendants, it subpoenaed several ISPs for subscriber contact information. The ISPs objected, arguing that a plaintiff shouldn't be allowed to sue more than 1,000 people in one lawsuit, and that most of the defendants were outside of Judge Howell's jurisdiction anyway, as even a cursory geolocation search would show.

Judge overturns $147.2 mln jury award against RIM in MFormation dispute

A U. S. judge has overturned a $147. 2 million jury award against Research in Motion Ltd , ruling that the BlackBerry maker has not infringed a Mformation Technologies Inc patent covering a remote management system for wireless devices.

Vringo Reaches Deal For More Than 500 Nokia Patents

The video-ringtone company's shares rose 5. 2% to $3. 62 in recent premarket trading. Through Wednesday's close, the stock has more than tripled this year.

HTC Doesn't Belong in Apple-Motorola Suit

"HTC and Motorola are competitors in the smartphone industry and produce different smartphones that run on at least somewhat modified Android software," Scola wrote. "The mere use of the Android platform by these competitors, and the mere allegation that the same or similar patents were infringed, does not satisfy the joinder standards of the AIA. "

Microsoft lays deal to license its exFAT tech to Sharp for use in Android devices

Today the Redmond-based software giant announced that it has reached an agreement to license its exFAT technology to Sharp, a consumer electronics giant, for use in devices that will include Android units.

“No” to Software Patents Per Se: Software is Only a Means to an End.

LendInks, Mob Mentality and the DMCA

This is exactly what happened to disabled army vet Dale Porter. For about the last two years he’s operated LendInk, a website that makes it possible for users to legally share DRM protected e-books. It was all legit; users could only share books that were approved for lending by the publishers. In fact, the lending deals were actually finalized on the websites of either Amazon or Barnes & Noble, not on the LendInk site. Early last week, LendInk was taken offline by the company hosting the site. Site visitors are offered the cryptic message, “Currently offline. Not due to DMCA complaints,” on a page that might have been put up after the story was exposed by blogs. It’s anyone’s guess whether the site will ever be back, but that notice makes me think it will.

More USPTO Final Rules

The USPTO is in the process of publishing five final rules packages for implementing the America Invents Act (AIA) as well as one guide to the new style of trial practice before the Office.

All subpoenas quashed in Discount Video Center v Does 1-29

In a Massachusetts case, Discount Video Center v. Does 1-29, the Court quashed all subpoenas served, since the plaintiff had misleadingly represented that it had sued all of the 29 ISP subscribers, when in fact it could only have sued the unknown copyright infringers, not the subscribers.

Malaria is no excuse for patent trolling, Mr. Myhrvold

The CEO of Intellectual Ventures says his company’s philanthropy means he is doing more good for the world than GigaOM. The claim fails to account for the harm to innovation he is causing through ruinous patent suits.

***** Applications/Gadgets

Hackberry A10 $60 Developer Board Launches

You might be interested in the new Hackberry A10 Developer Board which is now available to purchase for around $60, and is capable of running a variety of operating systems including Ubuntu, Fedora, and other Linux based distros.

Has functionality finally caught up with the Android spec race?

The Note 10. 1 still has to live up to its promises – we’ll have to wait for the first reviews before we see if the stylus is accurate enough, and the hardware capable enough, to deliver true split-screen usability and replace our paper notebooks – but Samsung has given it a starting advantage few Android tablets ever manage.

Raspberry Pi interface add-on Gertboard announced

If there’s one thing the RasPi may have been missing for the hobbyist crowd, it was an extensive interface system and microcontrollers. Well, the folks that are looking for such functionality will be pleased to hear that Gert Van Loo, designer of RasPi’s alpha hardware, has created an add-on board for just that.

The Coolpix S800 will be the first Android based camera from Nikon

Nikon will finally announce a new Android based compact camera.

LibreOffice 3.6.0 is Here

***** Reports

Linux Foundation Heads to Korea, Thanks to Samsung

The Linux Foundation is bringing Linus Torvalds to South Korea. Torvalds will be a key speaker at the inaugural Korea Linux Forum which is set to occur October 11 to 12 in Seoul, South Korea.

Upcoming Conference will Showcase Linux's Growing Success in Vehicles

Now in its second year, the Automotive Linux Summit is designed for the automotive industry and members of the car-focused, cross-industry Linux ecosystem to collaborate.

Is Linux Nemesis SCO *FINALLY* Dead Now?

In April of 2011, SCO sold off its Unix business to UniXs, so there really has been much left to reorganize in over a year. That said, SCO still want to pursue its legal actions against IBM, until its last dying breath.

Mac App 'TextMate2' Goes Open Source, Could Come to Linux

“The hacker in me wants all software to be free (as in speech),” he says of this choice, “so in a time where our platform vendor [Apple] is taking steps to limit our freedom, this is my small attempt of countering such trend. ”

Open World Forum - CFP: Legal Topics For Practical People

Legal issues affect open source contributors and decision makers the whole time, but they can be tools rather than traps. This track considers licensing, patents, trademarks and community governance in a practical, accessible way for business managers and software development leaders.

Digia to acquire Qt from Nokia

One of Digia’s key objectives with this acquisition is to improve its position within the Qt ecosystem by further strengthening Qt’s R&D capabilities and expanding its reach on many more platforms than ever before.

Is emulating a product the same as stealing?

This is true in most industries. When one company introduces an innovation that changes everything, competitors must adapt or die.

Open-source movements butt heads over logo

The gear logo is backed by the Open Source Hardware Association (OSHWA), which was formally established earlier this year to promote hardware innovation and unite the fragmented community of hackers and do-it-yourselfers. The gear mark is now being increasingly used on boards and circuits to indicate that the hardware is open-source and designs can be openly shared and modified.

Apple owns US smartphone market while Samsung dominates worldwide

Worldwide, Android is clearly the dominating platform, with a 68 percent total share according to IDC. iOS has 17 percent as previously mentioned, while BlackBerry, Symbian, and Windows Phone platforms take a few percentage points each.

After Epic Hack, Apple Suspends Over-the-Phone AppleID Password Resets

Apple on Tuesday ordered its support staff to immediately stop processing AppleID password changes requested over the phone, following the identity hacking of Wired reporter Mat Honan over the weekend, according to Apple employees.

Consumers love their tablets, study shows, favor iPad, Kindle Fire

The firm draws a number of conclusions from its results, but most notably it finds that tablet owners are pretty darn satisfied with their touchscreen-toting slabs.

Open Source for the Space Age

Yesterday, NASA JPL released Spacecraft 3D, an augmented reality application for the iPhone and iPad that allows you to create a 3D version of either Curiosity, the Mars rover current en-route to the Red Planet, or the GRAIL spacecraft, currently orbiting the moon.

Bill and Ted's Excellent License

"The "Greater Lunduke License" is inspired, in part, by the wisdom of the Two Great Ones, Bill S. Preston, Esq. and Ted "Theodore" Logan. " Their famous tag line is the very philosophy behind the GLL. "Namely that we should all "be excellent to each other", that being "bogus" is "most non-triumphant" and that all dudes should 'party on'. "

Ouya Open-Source Console Raises $8.5m On Kickstarter

Fans of the console were inspired by its mission to take on the big boys of the gaming world with a low price, hackable hardware and open operating system.

Open source project to get gadgets talking via the net

More than 5,400 developers have downloaded a new open-source operating system designed to enable digital devices to communicate with each other.

Top 10 signs your company doesn't "get" open source

Guy Martin, Managing Principal Architect at Red Hat, gives us the big reasons why companies shy away from using open source —and other misconceptions, like not being able to mix and match open and closed source applications and thinking open source is only about risk management.

The open source technology behind Twitter

Without open source, Twitter wouldn't exist.

Red Hat Releases Open Source OpenStack Cloud Preview

OpenStack's core components include the Nova compute, Swift storage and Glance image service. Reaches Its $500k Funding Goal With 38 Hours To Spare

App. net, Dalton Caldwell’s audacious Twitter clone, just reached its $500,000 funding goal with almost two days to spare.

***** Snippets

Gnome Disks Gets A Major Overhaul

MATE vs Unity, GNOME 3: Future of Open Source Desktop?

Desktop Android? Multi-user Android support is on its way

Apache Deltacloud Hits Open Source Milestone

nginx: How To Block Exploits, SQL Injections, File Injections, Spam, User Agents, Etc.

The Uphill Climb of Linux Gaming

Saying Goodbye To PCLOS

Debian Wheezy May Ship With XFCE As The Default Desktop Environment

30 Linux Kernel Developers in 30 Weeks: Arnd Bergmann

Linux Mint developers work on GNOME file manager fork

Will Qt support more platforms than anything else?

Which Linux Desktop Will Dominate in the Future?

Ubuntu 12.10 Might Ship With Nautilus 3.4 Instead Of 3.6

Three Top Ubuntu Alternatives

Damn Small Linux Returns, Hints at Modernization

ROSA Marathon 2012: first-ever usable LXDE distribution

Will Android kill Windows 8 on the desktop?

Linux Deepin 12.06 review

OStatic's Updated Collection of Free Resources for GIMP Graphics

Devs Cast Net to Capture Nautilus Improvements

The Perfect Desktop - Linux Mint 13 XFCE

Ex-Motorola Employee: It's Actually Harder For Motorola To Work With Android Now

The Perfect Server - CentOS 6.3 x86_64 (nginx, Dovecot, ISPConfig 3)

Ubuntu Desktop Environment Usage Statistics

Mozilla: Firefox OS is a huge and scary step

Motorola to Cut 4000 Employees as It Focuses on High-end Devices
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