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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 #488 Period ending 23 April 2013

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

A lot of off topic and IP related news this week, with both the CISPA and the Myriad Genetics case in the US. There is a little more on Software Defined Networking, and a lot of patent related articles (in response to a US patent office request). Mad copyright story for the week is Fox pulling Cory Doctorow's creative commons licensed book off the internet because it had the same name as one of their series.

*From my blog:

Verbatim distribution with attribution ok.

Other distribution - email me.



***** Off Topic

Obama Threatens Veto Against CISPA Unless Changed

Online privacy advocates finally got what they’ve been asking for when President Obama yesterday threatened to veto the Cyber Intelligence Sharing and Protection Act (CISPA) if congress doesn’t amend it to include more protections of privacy and civil liberties.

Hacking the Law: Fights Over Cyber-Security and a Silicon Valley Divide

But lawyers defending Keys and Auernheimer worry these companies have no intent to push for lighter cyber-security laws, even if Zuckerberg pays a ton of lip service to "innovation."

Richard Turere: My invention that made peace with lions

So I set it up in my home two years ago, and since then, we have never experienced any problem with lions. And my neighboring homes heard about this idea. One of them was this grandmother. She had a lot of her animals being killed by lions, and she asked me if I could put the lights for her. And I said, "Yes. " So I put the lights.

Skylar Tibbits: The emergence of "4D printing"

The idea behind 4D printing is that you take multi-material 3D printing -- so you can deposit multiple materials -- and you add a new capability, which is transformation, that right off the bed, the parts can transform from one shape to another shape directly on their own. And this is like robotics without wires or motors. So you completely print this part, and it can transform into something else.

Old, new media botch breaking news

Inspired by the events of the past week, here’s a handy guide for anyone looking to figure out what exactly is going on during a breaking news event. When you first hear about a big story in progress, run to your television. Make sure it’s securely turned off. Next, pull out your phone, delete your Twitter app, shut off your email, and perhaps cancel your service plan. Unplug your PC.

***** Government/Policy

ACLU Asks Government to Investigate Phone Carriers Over Android Security Threat

Unlike phones made by Apple, which controls the distribution of software updates to its phones, Android users can’t get an update to their phones without a carrier’s intervention. Instead, they have to obtain updates from servers operated by the carriers. But the wireless carriers and hardware makers can take a year or longer to distribute new firmware updates containing security fixes for phones.

Ann McKechin MP: Open Access - Breaking the Monopoly of Large Academic Publishers

Breaking the stranglehold which the handful of large corporate publishers currently have over academics and university libraries is not only important because of the public money at stake, but also because genuine open access allows research to be utilised by those outside the close confines of academia.

FOSS in the Italian public administration: fundamental law principles

We take a first reading of the recent modification to the fundamental law that governs the digital aspects of the Public Administration in Italy. These modifications require Public Administrations to prefer internally made solutions and FOSS solutions over proprietary ones, mandate an increased degree of interoperability and strengthen the push for open data.

Is NATO forcing Microsoft and NSA backdoors on the French Ministry of Defense?

Since the agreement made the Ministry of Defense unacceptably dependent on Microsoft, April called for the Prime Minister to suspend the contract renegotiations, so that all the facts surrounding the issue might be brought to light and so that we might start afresh on healthy foundations.

Previous Article Law professor makes a case for legally recognizing the Dangers of Surveillance

Richards talks about intellectual privacy and how new ideas develop best when we are not being watched

A New HTTP Status Code to Report Legal Obstacles

This document specifies an additional Hypertext Transfer Protocol (HTTP) status code for use when resource access is denied due to legal demands.

Fox Censors Cory Doctorows Homeland Novel From Google

Copyfighter, journalist, sci-fi writer and Boing-Boing editor Cory Doctorow has fallen victim to the almighty content empire of Rupert Murdoch. In an attempt to remove access to infringing copies of the TV-show Homeland, Fox has ordered Google to take down links to Doctorow’s latest novel of the same title.

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

Microsoft signs Android patent deal with Foxconn

Microsoft has secured a patent deal with the world's biggest consumer electronics manufacturer to receive fees for devices powered by Google's Android and Chrome operating systems.

Developer Patent Summit: Los Angeles - Keynote

The software patent system poses a significant challenge for developers. Patent trolls, product life cycles shorter than the patent process, and general uncertainty threatens to stifle innovation and growth in the app industry.

Broadcasters file Aereo appeal, warn of havoc and massive disruption to TV industry

In the past, other companies have retransmitted TV signals over the internet but broadcasters quickly smashed them for copyright infringement. Aereo, however, has survived two major court challenges thanks to its technology which assigns a mini-antenna (see pic below Aereo antennas ) to each subscriber; the service is now live in New York City and is slated to arrive imminently in 22 more markets.

Washington court sets RAND terms for Motorolas SEPs (but the public will have to wait)

Today, presiding Judge James L. Robart issued the order that many who follow SEP issues have long been waiting for — an order that sets forth his view of what constitutes “reasonable and non-discriminatory” licensing terms for a Microsoft license to Motorola’s 802.11- and H.264-essential patent portfolios, as well as the appropriate methodology for calculating these RAND terms.

What We May Learn from the Myriad Oral Argument

Bad analogies make bad law: Isolated human DNA is not a tree (Justice Kagan); sap from a tree (Justice Breyer); a chocolate chip cookie (Justice Sotomayor); a baseball bat (Greg Castanias); or a liver or kidney (Chris Hanson). Instead of dancing around the issues by waxing poetic with analogies, the Court might have (and at least Myriad should have given them an opportunity to) considered more realistic comparisons.

Prenda Law, A San Francisco Treat

But Prenda Law may have realized it wasn't going to win, and Judge Chen pointedly asked about that. "Why is this attempt to dismiss not simply an attempt to avoid adverse rulings?"

How Google Beat Viacom in the Landmark YouTube Copyright Case Again,0,5832848.story

A federal judge handed a major victory to YouTube on Thursday, one year after a federal appeals court breathed new life into Viacom’s $1 billion lawsuit.

UK Supreme Court decision -- Held: you don't need a copyright license to view a web page [PDF].

Antitrust Alert: Fast-forward for FRAND Disputes in Europe

In the Düsseldorf case, a patentee is seeking to enforce a patent relating to the Long Term Evolution ("LTE") mobile telecommunication standard. The Düsseldorf court found that the patent at issue is essential for the LTE standard. On this basis, the court could have granted the injunction under the Orange Book criteria.

Alliance Files Comments Regarding Software Patent Reform

- Yesterday the Alliance filed comments regarding the Patent and Trademark Office's Partnership for Enhancement of Quality of Software-Related Patents.

Patent Lawyers Have High Hopes for PTO's Valley Branch

At a recent speaking engagement, Michelle Lee, the recently appointed head of the U.S. Patent and Trademark Office in Silicon Valley, declared the new outpost to be "open for business." Well, not quite.

Rackspace: Victim or Thief?

Patents and the protection of intellectual property are very complex issues with serious implications for business and society on both a micro and macro level. Instead of engaging in name calling, in this post we will lay out the facts in our dispute with Rackspace – and you, the reader, can decide who’s a “troll” or who’s a “thief.” In due course a judge and jury will make the decision that counts.

Gould to digitally archive music infringement cases

The Gould School of Law is now home to the Music Copyright Infringement Resource, an online case archive consisting of hundreds of music infringement cases.

***** Applications/Gadgets

Parallella: The $99 Linux supercomputer

This board will use Ubuntu Linux 12.04 for its operating system. To put all this to work, the platform reference design and drivers are now available.

***** Reports

Open source is taking over the software world, survey says

"It's been recognized that software is eating the world,” said Michael Skok, general partner at North Bridge Venture Partners. “Our survey points to the fact that open source is eating the software world."

What is Cisco's Biggest Open Source Contribution Ever?

At the core of OpenDaylight is the goal of creating an open source Software Defined Networking (SDN) opendaylight framework. Part of that framework will be some form of SDN controller, which is where Cisco might have a big impact.

Windows 8 PC makers should tell users how to kill UEFI

Hispalinux, a Spanish Linux group pushing for a European Commission probe into Microsoft's Windows 8 Secure Boot requirements, wants all Windows 8 PC makers to outline deactivation options for the security measure.

Facebook Home And The Promise Of Android

But Facebook promised that more handsets will be supported in time, as will tablets. Well, only Android ones, that is.

Samsung flexes its open source muscles where you might not expect

He cited, for example, how in 2005, the Linux kernel was applied to mass production of flat-panel TVs: "It was a great opportunity for Samsung to jump to [being a] No. 1 company in the TV industry."

Ubuntu Software Center Explored

In this article, I'll explore the Ubuntu Software Center, it's earliest beginnings, how the back-end works and where it still needs some fine-tuning for the future.

Microsoft's Open Source Company Is a Year Old. But What Is It?

Back in February, Microsoft’s Gianugo Rabellino told us that Open Technologies is all about speeding up open source development. “We figured out that having a different subsidiary would have been something that would work best in making sure that we are agile and nimble and faster in working with the open source communities at the rate that they require,” said Rabellino, a community director with Microsoft Open Technologies.

Most enterprises encounter problems with open source software

Although businesses are relying on unsupported FOSS solutions today, 64% say they would pay for supported software to solve their issues.

Mozilla Shows Off TowTruck, for Browser-based Collaboration

The icon allows for generating unique links that can tbe shared online with other users to initiate text chatting or voice communications. TowTruck may also eventually incorporate LiveAudio features.

Study: Most projects on GitHub not open source licensed

Code-sharing website GitHub has grown so popular that it and open source are practically synonymous for many developers. But new research shows that most of the projects now on GitHub are released under license terms that are unclear, inconsistent, or nonexistent, leaving their legal status as open source software uncertain.

Alibaba steps up battle versus Android with Amos OS

Alibaba - China's biggest e-commerce company - has ramped up efforts to promote its mobile operating system.

App Ecosystem for Ubuntu Mobile Growing Steadily

Canonical is making steady progress creating an app ecosystem for Ubuntu mobile that takes full advantage of touch and will make Ubuntu truly cross-platform.

Linux in 2013: Freakishly awesome - and who needs a fork?

Zemlin said that each day some 10,519 lines of code are added to the Linux kernel, while another 6,782 lines are subtracted from it. All told, the kernel averages around 7.38 changes per hour – a phenomenal rate for any code base.

Canonical Promotes Ubuntu for Microsoft Azure Cloud

Beyond that, the Canonical post doesn't actually say too much about Azure specifically. But it does remind readers that Ubuntu is "the leading guest OS in most major public clouds" (according to Canonical, at least—independent numbers to back up this statement are elusive) and can run a variety of major cloud applications across multiple clouds.

2014: The year of the Linux car?

When you think about Linux, you probably think about servers, desktops, and Android smartphones and tablets. What you almost certainly don't think about is cars, but Linux is already running under the hood of many cars, and it may play a much larger role soon, too.

Americas Digital Library launches without a peep from Google

The long-awaited Digital Public Library of America launched this week — but its collection does not include the digital repositories of many major university libraries. Meanwhile, a much bigger library collection scanned by Google is tied up in court.

Nokia sales tumble overshadows Lumia pick-up

He made the controversial decision to switch to Microsoft's untried Windows Phone software in early 2011 and had said the transition would take two years, a period that's now over. Analysts said he was running out of time.

Taiwan's tech companies banding together with Apple to take on Samsung

Longstanding rumors have pegged Taiwan Semiconductor Manufacturing Co. as Apple's most likely partner in a chip switch. Wednesday's latest report again reaffirmed rumors that Apple is planning to transition its chipmaking responsibilities to TSMC.

Hortonworks, Red Hat and Mirantis to bring easy Hadoop to OpenStack

Hortonworks, Red Hat and Mirantis have announced that they will be cooperating on Project Savanna which aims to make provisioning Hadoop clusters on OpenStack systems fast and easy. Savanna is being designed as an OpenStack component with a REST API and UI accessible through OpenStack's Horizon Dashboard.

Vint Cerf: SDN Is a Model For a Better Internet

Vint Cerf, one of the “founders of the Internet,” told an audience April 16 that if he could do it all over again, he would construct the Internet in the mold of Software-Defined Networking (SDN).

HTML5 Video at Netflix

Today, we’re excited to talk about proposed extensions to HTML5 video that enable playback of premium video content on the web.

Firefox Mobile OS to launch in five countries

Improve Your Open Source Project Adoption by Catering to Integrators

These “integrators” (sometimes called value-added resellers or just computer consultants) can encourage a business to adopt software because the integrator is a trusted outside party without a sales agenda. If you capture the integrators and keep them interested and dedicated, the growth of your project is guaranteed.

***** Snippets

SUSE Studio 1.3: Linux Appliances Head to the Cloud

Linux and Mesa 3D support for AMD's video accelerator

Grimlands heralds Linux and Mac announcement with second video

LibreOffice update fixes more than 50 bugs

Xen becomes a Linux Foundation project Is An Open Source Social Music Player

OpenMandriva Has a Face!

10 Top Widely Used Linux Distributions of 2012

Red Hat Launches Open Source OpenStack RDO

Who Wrote OpenStack Grizzly?

Easily Sign The Ubuntu Code Of Conduct With CoC Signing Assistant

Trisquel 6.0 LTS Review

Fairness Is MIA in

Oh No! Fuduntu Calls it Quits

Ubuntu's Magical Approach to OpenStack [Video]

Who is Using OpenStack?

Six good reasons to try Manjaro Linux 0.8.5

Magento Open-Source Ecommerce Platform Gains Strong Momentum

Is 'Linux' a Word Better Left Unspoken?

Ubuntu 13.04: GNOME vs Unity User Interface Update

Open source desktop developers meet at freedesktop Summit

OpenStack Nova Compute Gets New Leader & New Features for Havana

Why Rackspace Uses Xen for OpenStack [VIDEO]

Larry Page: Android powers Google Glass

Google Internet business solid despite Motorola losses

Larry Page excited by bets on Google Now, Voice, and Glass

Dear Mr. President: Extortion? 12 Leads Re Patent Trolls for Your DOJ-FTC Investigation

Fuduntu Team meeting held on April 14, 2013

Fuduntu Linux is closing its doors

KEI Works to Make the World a Better Place in Many Ways (Video)

Linux Collaboration Summit keynotes streaming live (TODAY)

Linux Mint Debian Edition 201303 Review

Linux on the Mini PC
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