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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 #464 Period ending 20 September 2012

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

Early last week, not so early this week! At least the Apple/Samsung stories have died down a little! There is a story about open source in schools in Spain. This is has a long history, but it is good to see it reported on from time to time. The US Government is still trampling all over the IP rights of Megaupload users, with their data still locked away. Some researchers have built a supercomputer from Lego and the Raspberry Pi (well... lots of them). Google has stopped the distribution of an Acer smartphone alleging it was not compatible with the Android ecosystem.

*From my blog:

Verbatim distribution with attribution ok.

Other distribution - email me.



Brendan Scott

Open Source Law

***** Other

Proof claimed for deep connection between primes

The usually quiet world of mathematics is abuzz with a claim that one of the most important problems in number theory has been solved.

***** Off Topic

Caine's Arcade 2: The Global Cardboard Challenge & Imagination Foundation

This is the followup to the original Caine's Arcade short film. 5 months later, Caine's Arcade has gone global, inspiring a wave of cardboard creativity, an Imagination Foundation, and a Global Cardboard Challenge.

Pi in the Sky, Skywriters Fill the San Francisco Bay Area Skies With First 1,000 Digits of Pi

On the afternoon of September 12, 2012, artist ISHKY, with Stamen Design, launched Pi in the Sky, a project that used skywriting to create quarter-mile tall digits at 10,000 feet over the San Francisco Bay Area. It took a team of five synchronized skywriters “equipped with dot-matrix technology” to create the first one-thousand numbers of the infinite order of pi (3. 14159, etc. )

New App to Help Voters Expose Trouble at the Polls

A new app that lets voters flag polling-place irregularities will be tested at the primaries on Thursday and, if it works well, will be rolled out citywide for the November general election.

***** Government/Policy

Injustice Continues as Megaupload User Data Negotiations Go Bust

Months after the Megaupload raids and arrests the fate of the site’s user data is still unclear. The final negotiation round between the involved parties just went bust with Megaupload’s defense team holding the US Attorneys Office responsible. “They favor the Hollywood Oligopoly over innocent consumers who lost access to their data,” Megaupload lawyer Ira Rothken told TorrentFreak.

7 Questions to Ask Open Source Vendors

With their budgets under increasing pressure, many campus IT directors are considering open source projects for the first time.

Open source the vote

The Democratic party has released a Ruby on Rails open-source program, Voter Registration that enables you to deploy a Web application that enables U. S. citizens to register to vote.

In Spain, Hundreds of Thousand of Students Get Ubuntu Access

"Used by 600,000 students and 75,000 teachers, the Ubuntu-based operating system, Guadalinex EDU, is now an accepted standard in schools throughout the region. By the end of the And@redproject in 2012, 4,000 schools, around 1. 5 million students and nearly 200,000 teachers will be using Guadalinex every day.

Open source education software unveiled by Google

Now Google is lending its brainpower to the rapidly growing area by releasing a tool called Course Builder, open source software designed to let anyone create online education courses.

Open sourcing legal docs for small business

The real beneficiaries of this kind of service will be small businesses and private contractors who could use a little legal documentation without the cost of lawyers for relatively straightforward contracts. [lol!]

Publishers' worst nightmare: Amazon again on discount warpath

Last week, HarperCollins, Hachette, and Simon & Schuster cut a deal with the government to settle allegations that the book publishers had colluded with Apple to fix the price of e-books. If you believe the government's charges, the book publishers were trying to prevent Amazon from discounting them to death.

NZ software giants join patent bill protest

New Zealand’s largest software exporters, Jade and Orion Healthcare, have lined up with the NZ Open Source Society, InternetNZ, and local industry lobby NZRise to ask the government to revise its proposed patent laws.

Stanford Class2Go to Offer Free Courses This Fall

Many universities, including U. C Berkeley and M. IT. have been involved in e-learning for a long time, and, not long ago, M. I. T. and Harvard teamed up to deliver online learning to millions of people around the world, through their new edX initiative. Not to be outdone, Stanford University is going to offer 16 courses and two new, interactive e-learning platforms this fall. Here are details.

Creative Commons applied to government, business, and journalism

In particular, Creative Commons international affiliates create a huge number of educational resources that cross language and cultural boundaries.

State warned on ditching copyrighted software (Kenya)

Last week, the Government issued a warning that in the next three years it will move its IT operations to Free and Open Source Software (FOSS), a move that will reduce cost by more than half in IT expenses.

Harvard Business Review Press Goes DRM-Free And Platform Independent

Despite the growing evidence that consumers absolutely hate DRM, many publishers still hold harbor fantasies that locking down digital goods prevents unauthorized copies from spreading across the internet. Most DRM ends up serving one purpose: to make authorized copies less functional than unauthorized versions.

IDF: Intel says Clover Trail will not work with Linux

However Intel said Clover Trail "is a Windows 8 chip" and that "the chip cannot run Linux".

Patent infringement filings up 22% in 2011 compared to 2010, highest ever

The number of patent infringement actions filed in 2011 reached 4,015 – the highest number ever recorded, according to data compiled in the 2012 Patent Litigation Study released today by PwC US.

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

Motorola Mobility ordered to recall Android tablets and smartphones

A court in Munich ruled on Thursday that Google-owned Motorola Mobility (MMI) must recall all the Android tablets and smartphones it has shipped in the country which infringe Apple's "rubber band" scrolling patent, which was key in its billion-dollar lawsuit win against Samsung in the US.

Red Hat's new patent troll weapon: GPL violation

Red Hat has taken a unique step in defending itself from a patent infringement claim from Twin Peaks Software: a counterclaim that Twin Peaks is in copyright violation on mount, the file management app that is licensed under the GPLv2. Not only is Red Hat seeking GPL compliance, it's also going after Twin Peaks for damages and is seeking an injunction on Twin Peaks' own product sales.

ITC sides with Apple, says no violation of Samsung patents

The U. S. International Trade Commission ruled that Apple's iPhones, iPods, and iPads do not violate four Samsung patents, dealing a blow to Samsung's legal offensive against Apple and its portable devices.

Kodak's Patent Auction Falters

Eastman Kodak Co. conceded Friday that a crucial patent auction may fail, as the company encounters difficulties reaching a deal with a wide-ranging group of prospective buyers.

Laminar Research, Creators of X-Plane, Are Being Sued for Patent Infringement

If you want to help me defend against Uniloc, click here. I promise that I will not give them one single penny of your contribution. Every single penny that you donate will be used by me to defend against Uniloc, and if any money is left over after the lawsuit, I will put it towards my next Pet Adoption Center within one week of the lawsuits’ conclusion. I promise you: I will NEVER settle with them.

Microsoft and Google Take $4 Billion Patent Dispute to 9th Circuit

Motorola Inc. attorney Kathleen Sullivan argued that a Seattle federal judge has wrongly asserted authority "to create a global license from scratch" for Motorola patents on wireless networking and video coding. Not only that, the judge issued "an extraordinary and unprecedented" order that blocks Motorola from enforcing a German court injunction against Microsoft Corp. 's infringement.

Steve Wozniak on Samsung patent verdict: ‘I hate it and I don’t agree with it’

In fact, Apple co-founder Steve Wozniak hates the result, doesn’t agree with it, and thinks it will be overruled. Samsung will of course appeal, and this case will go back and forth for months still, but Wozniak just wishes everyone could get along.

University of California [and Eolas] sue Facebook, Wal-mart over patents

Eolas Technologies Inc and the Regents of the University of California filed lawsuits on Wednesday over four patents they believe the companies are infringing.

Samsung, Apple Amass 4G Patents for Battle

LTE is expected to become the next wireless-network standard, and holding a large number of patents for the technology could help companies shield themselves from potential litigation.

Google VP says Apple v Samsung verdict was a "wake-up call"

Google Vice President for Corporate Development David Lawee believes Apple's win against Samsung in a federal district court last month was a "wake-up call. "

Thomas-Rasset to take $222K copyright case to the Supremes$222k-copyright-case-to-the-supremes/

The Minnesota woman found liable for sharing 24 copyrighted songs via the Web will try and take her case to the U. S. Supreme Court, Kiwi Camara, her attorney, told CNET today. It must be noted that there's no guarantee that the court will hear her case.

Samsung to sue Apple over iPhone 5

Samsung Electronics will sue Apple over its release of the iPhone 5 for infringing on its fourth-generation (4G) long-term evolution (LTE) connectivity patents, according to industry sources, Monday.

Apple v Samsung Jury Verdict Lacks Sufficient Detail to Support Enhanced Damages

While this distinction may appear important to one who wishes to obtain an enhancement of the damages award for willful infringement, the jury verdict form in Apple v. Samsung leaves one clueless as to whether the monetary award for infringement of 18 Samsung devices was an award of damages, an award of profits, or some combination of the two.

Closing the software patent loophole: Professor Lemley's new proposal

In broad terms, functional claiming refers to writing patent claims that cover the broader function enabled by an invention rather than writing claims to the specific embodiment developed or contemplated by the inventor.

Apple, RIM get green light to intervene in Kodak appeal

Apple and Research In Motion can now intervene in Kodak's efforts to reinstate its patent case against the two tech giants, which was tossed by the U. S. International Trade Commission earlier this year.

Dutch Court: hyperlinks on website can constitute copyright infringement

Yesterday, the Court of Amsterdam decided that publishing hyperlinks to copyrighted content is, under certain circumstances, a copyright infringement.

RMail v. Can Invalidity Based on 35 U.S.C. § 101 Be Properly Raised as a Defense in

This interpretation by the USPTO that post-grant review requests may include challenges for patent-eligibility under 35 U. S. C. § 101 has caused a “renaissance” of rethinking about what the actual language of 35 U. S. C. § 282(2) says and means.

***** Applications/Gadgets

Torque 3D engine going open-source and free

Now, 11 years later, maker GarageGames is preparing to set Torque 3D free and open-source it.

Tabeo vs Nexus 7

Android 4. 0 (Ice Cream Sandwich)

Meet the first announced Ubuntu for Android product: NexPhone

The NexPhone is a normal Android smartphone, only it will be able to connect with a tablet, laptop, and monitor docks. Like previous Motorola phones, it will physically attach to the docks and then power them itself.

***** Reports

Is Aliyun OS really Linux? Android? A rip-off of both?

When Acer was ready to announce a new smartphone running Alibaba's Aliyun operating system, Google responded with force. If it were to be released, Google would end its partnership with Acer, which uses Android for 90 percent of its smartphones. Acer swiftly cancelled the release, but clearly Acer wasn't happy about the state of affairs. Alibaba, China's largest e-commerce company, was even less happy.

Google donates to an Eclipse performance test lab

Google has contributed $20,000 to the Eclipse Foundation for hardware to assist in the task of performance testing the foundation's integrated development environment (IDE).

The Limits of Open Source

That's what open source was all about. Open source creates competition for anyone who builds a dominant platform. Linux beat Windows, but Linux did not create dominance any more than the Internet's TCP/IP protocol did, because everyone had access to it.

OpenSuSE 12.1 Li-f-e: get trained, if you can


Open source champ Mark Shuttleworth invests $1M in Ceph storage startup

Mark Shuttleworth, a superstar in the open-source world and the force behind Ubuntu Linux, is funding Inktank to the tune of $1 million. DreamHost spun out Inktank last year to help get customers up and running on Ceph open-source storage technology.

Oracle Pushing Forward on Linux and Solaris

>From a development perspective, Linux and Solaris at Oracle are developed by two separate groups. The two groups do talk to one another, but there is no sharing of code.

Facebook Linux, What Distro is it?

According to Michael, Facebook Linux was based originally on CentOS 5. 2. Facebook uses one image that is placed on every server that they have.

Mozilla Accelerates Firefox 18 with IonMonkey

The performance improvement ranges from 7 to 26 percent over Firefox 17 depending on the benchmark.

Android, Apple have 85 percent of worldwide smartphone market: IDC

Android and Apple devices dominate in smartphones, with 85 percent of the worldwide market combined, according to IDC.

Ubuntu One Music Store Available Now on Web and Mobile

The Ubuntu One development team proudly announced earlier today, September 11th, that a new version of their famous Ubuntu One Music Store is now available.

Meet the Raspberry Pi Supercomputer--with Lego!

The team from Southampton claims it built its supercomputer for under $5,000.

The AGPL: Solution in Search of a Problem

When asked about the justification for this prohibition, the most common response centered around difficult-to-articulate concerns about being compelled to open source code they did not wish to. The fear that this “viral” license would infect their private repositories was rampant.

Open Source Ceph Storage Filesystem Advances with Inktank

When open source software gets used in production grade environments, commercial support businesses tend to show up. That's exactly what is now happening with the open source Ceph distributed storage filesystem.

Open source, open Cloud, open CRM - SugarCRM's grand ambition

Outlining his vision for CRM, CEO Larry Augustin says that the key element to this is an infrastructure that is ‘open’.

The software patent solution has been right here all along

Most notably, the astonishing proliferation of software patents has forced technology companies to spend a lot of time and energy assembling defensive portfolios.

How Twitter Uses Open Source

Twitter prefers Linux because, Aniszczyk says, it lets the company innovate faster given the flexibility to customize the operating system.

How Successful CEOs Leverage Open Source Software

With all this going on, not once have I heard “use more open source software” as a goal. However, many C-level execs do think about open source software as a means to an end.

Canonical Updates Ubuntu Linux Landscape

The Landscape 12. 09 update provides Ubuntu administrators with new compliance tools and management controls. Landscape is able to control and manage physical, virtual and cloud deployments.

Against software patents, 460 companies demand an improvement of the unitary patent for Europe

On September, 13th, 2013, over 460 companies from all over Europe got involved to demand the improvement of the proposal for a unitary patent, following the call for action launched by April and by signing the resolution proposed with StopSoftwarePatent. eu and FFII.

Google: 500 million Android devices activated

"Today is a big day for Android. . . 500 million devices activated globally, and over 1. 3 million added every single day," said Hugo Bara, Android's director of product management, in a Google+ post.

openSUSE to support secure boot in next release

The latest release of openSUSE, 12. 2, which became available last week, does not have support for secure boot, Vojtech Pavlik, director of SUSE Labs and head of kernel development at SUSE, told iTWire today. However, it does have support for the Unified Extensible Firmware Interface, or UEFI, he added.

Red Hat: Linux on ARM Is No Joke

The Red Hat-sponsored Fedora Linux project already has a full-fledged ARM effort. Fedora 17 is now available to run on ARM, and there is a sizable team working on its development.

The Data Journalism Handbook

The Data Journalism Handbook is a free, open source reference book for anyone interested in the emerging field of data journalism.

***** Snippets

The September 2012 Issue of the PCLinuxOS Magazine

SimplyMEPIS 12 Alpha 2 Shows Direction

13 years old hacker Esteban is announced developer of the month

Accounting on Linux: why GNUCash might make sense for your home or business

Grudge Match: Ubuntu 12.10 vs openSUSE 12.2

5 New Unity 4 Games Will Come to Linux

Top 10 Ubuntu App Downloads for August 2012

Enlightenment E17 Is Another Step Closer To Release

What is going on with GNOME?

VirtualBox 4.2.0 Released With Support For Drag n drop

Version 2.6.0 of Avidemux video editor released

Gnome 3 vs. Gnome 2 vs. change

Desktop Linux: The GNOME 3 Release Series Extensions

Google Gets Serious about Chrome Security on Linux

Basics of SELinux in Linux a Linux user should know

VirtualBox Finds the Meaning of Open Source Life with Version 4.2

Ubuntu GNOME Remix 12.10 Alpha 2 Released

What to prepare before installing Arch Linux the first time

First release candidate for Samba 4 is available

Joomla 2.5.7 Released

Upcoming Features of GNOME 3.8

Hewlett-Packard developing smartphone, CEO Meg Whitman says
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