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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 #462 Period ending 26 August 2012

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

Apple wins in the US v Samsung, and it's something of a draw in South Korea. I have marked a blog about coffee shop conversations after the verdict. Google is out talking down patents. Overall though, the Apple patent litigation has sucked the air out of a lot of the other stories in the market.


*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


Genius Mathematics Tool
http://worldofgnome.org/genius-mathematics-tool/

Genius Mathematics is a very useful tool that intends to help with many things from simple calculations to complex research and education.


After Complete Memory Loss, Mayank Gets It Back Using Internet and Linux
http://www.ubuntuvibes.com/2012/08/after-complete-memory-loss-mayank-gets.html

He had a Linux computer to play with. He Google'd himself and discovered articles he had written for various publications, such as Linux. com, IBM developerWorks and many others. He found couple of books he has authored for a UK-based publisher on Google Books.


Windows 8 Tells Microsoft About Everything You Install, Not Very Securely
http://log.nadim.cc/?p=78

Windows 8 has a new featured called Windows SmartScreen, which is turned on by default. Windows SmartScreen’s purpose is to “screen” every single application you try to install from the Internet in order to inform you whether it’s safe to proceed with installing it or not.

***** Government/Policy


US teen invents advanced cancer test using Google
http://www.bbc.co.uk/news/magazine-19291258

Jack Andraka has created a pancreatic cancer test that is 168 times faster and considerably cheaper than the gold standard in the field. He has applied for a patent for his test and is now carrying out further research at Johns Hopkins University in the US city of Baltimore. And he did it by using Google. [exactly the sort of innovation that IP precludes]


Google: We are so over patents, especially in their current form
http://www.washingtonpost.com/business/technology/google-we-are-so-over-patents-especially-in-their-current-form/2012/08/21/52ba2214-eb0c-11e1-866f-60a00f604425_story.html
http://news.cnet.com/8301-13578_3-57496747-38/google-time-to-ditch-our-current-software-patent-system/

Googlers are getting publicly fed up with software patents as a whole.


BBC not bringing iPlayer or live streaming to Windows Phone, blames Microsoft
http://www.engadget.com/2012/08/20/bbc-no-iplayer-on-windows-phone/

Live streaming is also impossible thanks to a "bug" in the software that can't secure the session, breaking the corporation's copy protection system which only affects mobile devices.

The White House releases its first open source app on Github

https://github.com/WhiteHouse/petition

Among our commitments, we’re launching a new online tool -- called “We the People” -- to allow Americans to directly petition the White House, and we’ll share that technology so any government in the world can enable its citizens to do the same.

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


Feds Expand Domain Seizures to Mobile-App Pirate Sites
http://www.wired.com/threatlevel/2012/08/app-domains-seized/

Seizing domains is nothing new under the President Barack Obama administration. Usually, however, sites are shuttered for offering gambling, hawking counterfeit goods, or providing links to or streaming unauthorized movies and sporting events, or selling unauthorized copies of software. The government has seized more than 750 domains in the past two years under a program called “Operation in Our Sites. ”


NZOSS: Software Patent Exclusion vs TPP -- A Fair Deal
http://fairdeal.net.nz/2012/08/nzoss-software-patent-exclusion-vs-tpp

One need only look as far as the legal spectacles created by software patent disputes between major corporations in the US and EU to see the wealth they squander – as much as half a trillion dollars wasted since 1990 according to one academic study.


Heinz Sued Over 'Dip & Squeeze'
http://online.wsj.com/article/SB10000872396390444233104577593590556900030.html#articleTabs%3Darticle

The patent wars have come to the ketchup business, with a Chicago inventor battling H. J. Heinz Co. over who came up with the idea for its "Dip & Squeeze" condiment packets.


Apple v Samsung - Korea
http://www.businessweek.com/news/2012-08-23/apple-samsung-infringed-each-other-s-patents-seoul-court-says
http://www.reuters.com/article/2012/08/24/us-samsung-apple-court-idUSBRE87N03J20120824?feedType=RSS&feedName=topNews&rpc=71
http://online.wsj.com/article/SB10000872396390444358404577609154169601924.html
http://www.bbc.co.uk/news/business-19364875

Apple Inc. (AAPL) and Samsung Electronics Co. (005930) must stop selling some smartphones and tablet computers in South Korea and pay damages after a Seoul court ruled they infringed on each other’s patents.


Oracle and Google meet again to discuss rangeCheck
http://www.zdnet.com/oracle-and-google-meet-again-to-discuss-rangecheck-code-7000003079/

In response to a motion for judgment as a matter of law filed by Google last month, the hearing was called to further discuss the nine lines of code in the rangeCheck method, on which the jury found Google liable for copyright infringement.


ITC Concludes Review in Motorola Mobility v. Apple Case
http://www.intomobile.com/2012/08/25/itc-concludes-review-motorola-mobility-v-apple-case/

The International Trade Commission issued the results of its review on Friday, and found that Apple had not infringed on 3 or the 4 patents for which Motorola Mobility had filed their complaint. The ITC sent the 4th patent back to the judge for review on whether it has been infringed upon or not.


Apple's New Pinch-To-Zoom Monopoly is Bad News
http://www.slate.com/blogs/moneybox/2012/08/25/apple_v_samsung_verdict_creates_new_pinch_to_zoon_monopoly_that_s_bad_for_consumers.html

To look specifically at what I'm unhappy about, the jury upheld several Apple patents which amount to saying that if there are now-standard elements of touchscreen user interfaces that Apple did first in iOS now only iOS can use them.


Reforming Patents
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2125515

While many believe the patent system has hit a historic and unprecedented low, discontent with patents is nothing new. In 1966, a Presidential Commission recommended prohibiting software patents because of the PTO’s inability to vet them.


The Apple Samsung Verdict Is In (US)
http://abovethelaw.com/2012/08/apple-samsung-verdict/#more-186518
http://www.bloomberg.com/news/2012-08-22/in-apple-v-samsung-expect-nobody-to-truly-win-susan-crawford.html
http://www.washingtonpost.com/business/technology/apple-lawyer-in-epic-patent-case-says-samsung-wanted-to-cash-in-on-iphone-success/2012/08/21/0934a8f6-ebf4-11e1-866f-60a00f604425_story.html
http://in.reuters.com/article/2012/08/22/idINL2E8JK02J20120822
http://bits.blogs.nytimes.com/2012/08/21/why-apple-might-be-better-off-losing-its-patent-lawsuit/
http://blogs.hbr.org/cs/2012/08/who_cares_if_samsung_copied_ap.html?utm_source=readme&utm_medium=rightrail&utm_term=&utm_content=2&utm_campaign=recirc
http://www.newyorker.com/online/blogs/comment/2012/08/patent-pounding-apple-and-samsung.html?mbid=gnep&google_editors_picks=true
http://www.foxnews.com/tech/2012/08/21/epic-patent-trial-over-iphone-tech-wraps-up/
http://www.guardian.co.uk/technology/2012/aug/22/apple-samsung-patent-dispute?newsfeed=true
http://www.tgdaily.com/business-and-law-features/65657-the-mobile-patent-wars
http://allthingsd.com/20120822/competing-views-of-competition-in-apple-samsung-trial/?mod=tweet#
http://www.pcworld.com/article/261285/apple_vs_samsung_five_experts_weigh_in.html
http://www.pcworld.com/businesscenter/article/261323/applesamsung_jury_extends_deliberations.html
http://tech.fortune.cnn.com/2012/08/23/apple-v-samsung-when-will-the-jury-deliver-a-verdict/
http://www.theverge.com/2012/8/23/3260463/apple-samsung-jury-verdict-form-nightmare
http://www.reuters.com/article/2012/08/25/us-apple-samsung-impact-idUSBRE87O02I20120825
http://www.nytimes.com/2012/08/26/technology/apple-samsung-case-shows-smartphone-as-lawsuit-magnet.html
http://www.usatoday.com/tech/news/story/2012-08-25/apple-samsung-ruling-smartphone-effect/57306384/1
http://www.zdnet.com/apple-vs-samsung-verdict-it-doesnt-matter-7000003164/
http://www.pcworld.com/article/261441/quick_verdict_in_apple_trial_doesnt_mean_jury_shirked_its_duty_expert_says.html
http://www.indianexpress.com/news/apple-wins-but-samsung-set-for-bounceback/993045/
http://arstechnica.com/tech-policy/2012/08/jury-returns-verdict-in-apple-v-samsung/
http://blogs.wsj.com/law/2012/08/24/check-please-experts-say-apple-samsung-face-sky-high-legal-fees/
http://www.patentlyo.com/patent/2012/08/apple-wins-105-billion-verdict.html
http://www.businessweek.com/news/2012-08-25/apple-samsung-jury-may-have-leaned-on-engineer-patent-holder
http://9to5mac.com/2012/08/24/tim-cook-tells-apple-employees-that-todays-victory-is-about-values/
http://newyork.newsday.com/business/technology/apple-vs-samsung-s-korea-court-rules-iphone-not-copied-1.3924986
http://live.wsj.com/video/apple-vs-samsung-a-lawyer-take/C78A699E-B237-4574-8767-F7FF4BC3B32B.html?mod=wsj_article_tboleft#!4063E195-3F59-4257-A8E6-EB12D614EFF5
http://news.cnet.com/8301-13579_3-57499676-37/apple-v-samsung-whats-the-worst-that-could-happen/

Of special interest:

https://plus.google.com/u/0/114476892281222708332/posts/246srfbqg6G

The jury took just [DEL: two :DEL] three days — or 21 hours, to be more precise. They’ve been asked to answer more than 700 questions, but they’ve deliberated for just three days! Bored much?

***** Applications/Gadgets


Codethink launches little Linux ARM servers with 8 quad-core CPUs per node
http://arstechnica.com/information-technology/2012/08/codethink-launches-little-linux-arm-servers-with-8-quad-core-cpus-per-node/

Codethink, a Linux consulting company headquartered in the UK, has launched a new ARM-based server product called the Baserock Slab. Each individual node includes eight quad-core ARM CPUs. Two nodes can fit in a single 1U slot, for a total of 64 cores per rack unit.


OpenStacker stuffs free Moxie on USB
http://www.theregister.co.uk/2012/08/22/pistoncloud_aiframe/

Piston Cloud has released Airframe, a scaled-down version of its Enterprise OpenStack product, allowing users a taste of the OpenStack installation and management process that it claims allows users to move from OpenStack pilots to live cloud at the push of a button.

***** Reports


Review: Google Compute Engine
http://www.infoworld.com/d/cloud-computing/review-google-compute-engine-rocks-the-cloud-200591

Google's new compute cloud offers a crisp and clean way to spin up Linux instances and easily tap other Google APIs


Linux Foundation Ranks Grow as Twitter Joins the Community
http://www.internetnews.com/blog/skerner/linux-foundation-ranks-grow-as-twitter-joins-the-community.html
http://arstechnica.com/business/2012/08/twitter-joins-linux-foundations-fight-for-open-source-software/

The Linux Foundation is growing, again. The Foundation is set to announced that Twitter, Inktank and Servergy willl be joining the Linux organization. The formal announcement is set for next Tuesday, at the LinuxCon event.


Open source misrepresented on TV again, community speaks out
http://opensource.com/life/12/8/open-source-misrepresented-TV-again

"It does give entirely the wrong impression of what open source means in terms of security and reliability," said Clinker, "[It's] disappointing that Disney didn't pick up on this as they extensively use free [open source] software for animations, etc. "


Open-Source virtualization management coming for KVM, Xen and VMware
http://www.zdnet.com/open-source-virtualization-management-coming-for-kvm-xen-and-vmware-7000003074/

ConVirt Enterprise Cloud is currently used to manage virtual and cloud infrastructures based on the open-source hypervisors KVM (Kernel-based Virtual Machine) and Xen. VMware remains popular on on August 28th, Convirture will release a beta of the program that can manage VMware as well.


Twitter Launches Clockwork Raven: an Open Source Mechanical Turk Application
http://mechanicalturk.typepad.com/blog/2012/08/twitter-launches-clockwork-raven-an-open-source-application-for-using-mechancial-turk.html

Originally, Twitter developed Clockwork Raven as an internal tool with the following goal in mind: optimize the speed and cost efficiency of collecting accurate human evaluations used in the development of new and existing products.

***** Snippets


Apache Server 2.4.3 fixes over fifty bugs and two security holes
http://www.h-online.com/open/news/item/Apache-Server-2-4-3-fixes-over-fifty-bugs-and-two-security-holes-1672035.html

Did Zorin OS Ultimate save me money? You bet it did.
http://linuxblog.darkduck.com/2012/07/zorin-os-ultimate-save-me-money.html.html

Walt Disney Commitment To Open Source
http://www.thepowerbase.com/2012/08/walt-disneys-real-commitment-to-open-source/

The Kernel Column with Jon Masters: Developing Linux Kernel 3.5
http://www.linuxuser.co.uk/news/the-kernel-column-with-jon-masters-developing-linux-kernel-3-5/

Tiny Core Linux 4.6 RC3 Is Available for Testing
http://news.softpedia.com/news/Tiny-Core-Linux-4-6-RC3-Is-Available-for-Testing-287051.shtml

Android App Websites Seized in the U.S. for Alleged Copyright Violations
http://www.pcworld.com/article/261239/android_app_websites_seized_in_the_us_for_alleged_copyright_violations.html

Have you seen Anaconda's new UI?
http://www.linuxbsdos.com/2012/08/21/have-you-seen-anacondas-new-ui/

Open Source Router Platforms - The Hardware
http://www.anandtech.com/show/6180/open-source-router-platforms

Twisted pleasures of open source 'sprint' worth my weekend
http://www.irishtimes.com/newspaper/finance/2012/0823/1224322751340.html

Kernel Log – Coming in 3.6 (Part 1): Filesystems and storage
http://www.h-online.com/open/features/Kernel-Log-Coming-in-3-6-Part-1-Filesystems-and-storage-1672027.html

A ton of Updates for Gnome components!
http://worldofgnome.org/a-ton-of-updates-for-gnome-components/

The Future of LibreOffice. Android, iOS, fixes, and more
http://www.linuxuser.co.uk/news/the-future-of-libreoffice-android-ios-fixes-and-more/

Raise a glass to Linux
http://www.itworld.com/it-managementstrategy/291320/raise-glass-linux

Has cash corrupted open source?
http://www.theregister.co.uk/2012/08/24/open_source_entrepreneurship/

Is Fedora 17 GNOME Really a Miracle?
http://linuxblog.darkduck.com/2012/07/is-fedora-17-gnome-really-miracle.html

Ubuntu 12.04.1 out now, 10.04 users prompted to update
http://www.linuxuser.co.uk/news/ubuntu-12-04-1-out-now-10-04-users-prompted-to-update/

Linux Mint 14 Will Be Named Nadia
http://news.softpedia.com/news/Linux-Mint-14-Will-Be-Named-Nadia-287996.shtml

Pop culture references for open source principles
http://opensource.com/life/12/8/pop-culture-references-open-source-principles

Linux 3.6 rc3

https://lkml.org/lkml/2012/8/22/615


Nautilus 3.6 Beta Brings New Features and Improvements
http://news.softpedia.com/news/Nautilus-3-6-Beta-Brings-New-Features-and-Improvements-287259.shtml

OpenOffice 3.4.1 released, includes more languages
http://www.linuxuser.co.uk/news/openoffice-3-4-1-released-includes-more-languages/

Minor improvements coming in Ubuntu Linux update release
http://www.zdnet.com/minor-improvements-coming-in-ubuntu-linux-update-release-7000003098/

Manjaro Linux: Arch Linux For Newbies
http://www.archlinux.org/
---
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