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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 #493 Period ending 27 June 2013

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

Still a ridiculous number of PRISM related stories this week. A few stories about Oracle and Microsoft agreeing something so that Java will run on Azure. Some Pirate Bay founders claim someone framed them by hacking their computers and using them to break into other computers. Citrix releases XenServer as open source.

*From my blog:

Verbatim distribution with attribution ok.

Other distribution - email me.



***** Off Topic

Dissenting 1928 opinion of Justice Louis D. Brandeis in Olmstead v. United States

The Government makes no attempt to defend the methods employed by its officers. Indeed, it concedes that if wire-tapping can be deemed a search and seizure within the Fourth Amendment, such wire-tapping as was practiced in the case at bar was an unreasonable search and seizure, and that the evidence thus obtained was inadmissible. But it relies on the language of the Amendment; and it claims that the protection given thereby cannot properly be held to include a telephone conversation. . . .

Privacy Guard: Scientists Develop Goggles That Block Facial Recognition Systems

The concept is not entirely full proof, however. Some camera are not affected by near-infrared light, which deems the goggles ineffective. According to CNET, researchers are looking into reflective material that would counter the special cameras.

Google: GPAs are worthless

You will therefore realize that the academically bright might not be the most practical, the most worldly or, indeed, the most anything -- except the most proficient at passing utterly pointless examinations of their memory.

Internet Hall of Fame Announces 2013 Inductees! (Aaron Swartz)

The Internet Society today announced the names of 32 individuals who have been selected for induction into the 2013 Internet Hall of Fame. Honored for their groundbreaking contributions to the global Internet, this year’s inductees comprise some of the world’s most influential engineers, activists, and entrepreneurs.

SSL: Intercepted today, decrypted tomorrow

The reason that governments might consider going to great lengths to log and store high volumes of encrypted traffic is that if the SSL private key to the encrypted traffic later becomes available — perhaps through court order, social engineering, successful attack against the website, or through cryptanalysis — all of the affected site’s historical traffic may then be decrypted at once. This really would open Pandora’s Box, as on a busy site a single key would decrypt all of the past encrypted traffic for millions of people.

Study Shows Many iPhone Apps Defy Apples Privacy Advice

Apple’s mobile operating system, iOS, does not usually allow apps to monitor each other, so the information was gathered from users of “jailbroken” iPhones, on which Apple’s usual controls have been disabled to allow modification of the device and installation of apps not offered through Apple’s App Store. The researchers say their results are relevant to all iPhone users, because a large majority of apps used on jailbroken devices are the same as those used on unmodified phones.

Google-backed O3b successfully launches its first four satellites into the heavens

I went into many of the specifics of O3b’s satellite constellation in a profile post Monday, but in a nutshell it’s not like any of the other mobile phone or broadband networks up above the Earth today. It’s 5,000 miles above the surface, which it puts it far closer to its customers than the big geostationary satellites far above it. That means it can deliver much lower-latency services like voice and real-time communications – its signals have a much shorter distance to travel.

Barnes & Noble Sinks Most in 17 Months as Loss Doubles

Last year, the company created a subsidiary that included the Nook and college bookstore divisions and dubbed it Nook Media with an eye toward spinning it off into its own company. Microsoft Corp. (MSFT) and Pearson Plc (PSON) invested in the unit last year.

***** Government/Policy

About that Android thing... Did Google add a lockout clause?

At the time it said Google had "achieved its dominance in the smartphone operating system market by giving Android to device-makers for ‘free'" but that it had, in the process, required device manufacturers wishing to incorporate the Android platform to "pre-load an entire suite of Google mobile services and ... give them prominent default placement on the phone". FairSearch said that this "disadvantages other providers, and puts Google’s Android in control of consumer data on a majority of smartphones shipped today".

Aarons Law, much-needed reforms to computer crimes law, introduced in Congress

On Thursday, Zoe Lofgren (D-CA) and Ron Wyden (D-OR) formally introduced Aaron’s Law into the House of Representatives after requesting revisions from reddit in February 2013. For the revisions to take effect, the law must pass the House, Senate, and be signed by the president.

Blowback from the NSA Surveillance

Now, when countries like Russia and Iran say the US is simply too untrustworthy to manage the Internet, no one will be able to argue. We can't fight for Internet freedom around the world, then turn around and destroy it back home. Even if we don't see the contradiction, the rest of the world does.

Pirate Bay co-founder sentenced to two years in prison for hacking

Svartholm Warg and his co-defendant in the hacking case have never disputed that the intrusions actually happened the way the prosecutor has alleged—that the hacks were carried out from their computers. However, they have denied any involvement, saying in their defense that their computers must have been remote controlled or that other people used the computers to carry out the actions, according to the court.

Microsoft retreats on rules for Xbox One after gamers complain

Microsoft also had placed restrictions on how used games could be given, shared or resold — including that each copy of a game could only be given once. After a flood of criticism, the company did a 180, saying that, after the initial Xbox One setup, those playing disc-based games would not need an Internet connection. Those who play downloaded games will also be able to play them offline without having to check in every 24 hours.

Why I Have Nothing to Hide Is the Wrong Way to Think About Surveillance

If the federal government can’t even count how many laws there are, what chance does an individual have of being certain that they are not acting in violation of one of them?

Kim Dotcom: All Megaupload servers 'wiped out without warning in data massacre'

Kim Dotcom has accused the US government and Leaseweb, one of the hosting providers of former file-sharing site Megaupload, of deleting millions of personal files "without warning."

Munich to distribute Linux CDs to get people to ditch Windows XP

Next year, the Munich city council plans to distribute two thousand copies of Lubuntu to local residents who still own computers running Windows XP. The goal is to reduce the amount of electronic waste its citizens generate when upgrading their computer systems.

Census in the spotlight at open source summit

And in 2012, he said, Census released an app called "America's Economy," which provides real-time statistics tracking key economic indicators. The app's release was part of the agency's Digital Transformation Project, an effort to comply with the governmentwide Digital Government Strategy and provide the public and government workers with access to information "anywhere, anytime, on any device."

Materials Genome Initiative Commitments Announced [PDF]

The MGI, overseen by the White House Office of Science and Technology Policy, helps to coordinate Federal materials science research across multiple agencies and encourages private-sector and academic researchers to develop and share basic materials science discovery data to speed innovation

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

Opening Pandora's Box

Wired magazine, in their February 2003 cover article “The Year The Music Dies,” reported that the future digital music business model that included free MP3 downloads would limit the avenues for an artist’s profit to either “selling their music to advertisers,” or “from the American Idol model building recognition as part of a corporate campaign to the Broadway show model getting ad hoc groups and small investors to provide funds.” Ten years later that is a stunningly accurate prediction and seems to reveal technology’s responsibility for the state of music today.

Take That, SCOTUS: Appeals Court Reinstates Patent On Video-Ad Technology

By reversing the court for a second time and remanding the case for review, the Federal Circuit reasserted its view that rejecting patents as ineligible before a more intensive legal inquiry is a mistake. Technology is constantly evolving in new and unexpected ways, the court said, so it is a bad idea for courts to set up rigid rules covering what can and cannot be patented.

Microsoft-Motorola update: Parties spar over discovery issues; Microsoft wants its bond $ ba

It’s been relatively quiet in the Western District of Washington over the past couple weeks, as Motorola and Microsoft move forward toward an August jury trial on Microsoft’s RAND-based breach of contract claims.

The best slides from the closing arguments in the Apple ebooks case

Apple and the Justice Department made closing arguments in the ebook pricing case Thursday. Apple argued that a ruling against it would lead to a “chilling” effect on commerce and content markets in the U.S., while the DOJ said this is a straightforward antitrust suit and compared Apple and publishers to Saudi Arabian oil cartels.

Apple Wins Suit Against Samsung in Japan on Screen Effects

Apple Inc. (AAPL) won a patent lawsuit in Japan, as a Tokyo judge ruled that Samsung Electronics Co. (005930) smartphones and a tablet computer infringed on its visual effects for touch panels.

Arizona Court Skeptical Of 'Medical Excuse' From Prenda Lawyers

Judge Snow hints pretty strongly that he simply doesn't believe Goodhue, and suggests that he's stalling, which would be par for the course in a variety of Prenda-related cases.

Obama Issues New Anti-Piracy Plan

Among the "action items" noted for the coming year are improving transparency in IP policymaking and international negotiations, improving law enforcement communication with IP stakeholders and educating authors on "fair use."

JDownloader Court Ruling Worries Open Source Software Developers

The Regional Court had ruled against a feature present in an earlier beta (not official) version of JDownloader 2 which enabled the downloading of copyrighted and protected RTMPE streams. The Court decided that this represented a circumvention of an “effective technological measure” under Section 95a of Germany’s Copyright Act.

Apple, Samsung take their standard-essential patent battle to the U.S. Trade Representative

After an introduction and recitation of the background of the case, Apple gets down to brass tacks — not surprisingly, it wants the USTR to veto the ITC’s exclusion order. [OSL: When Apple wins a patent case, the other side are stinking pirates stealing their stuffs. When Apple loses a patent case...]

Everything You Need to Know About Trolls (The Patent Kind)

Litigation is super stressful, disruptive, and distracting. Both small and large companies have described to me the measures they’ve taken to avoid it: not offering features, changing the business, closing a business line. It’s also expensive, displacing activities that grow the business — like hiring and engaging in more R&D.

Pandora Paid Over $1,300 for 1 Million Plays, Not $16.89

Lowery doesn’t disclose the Pandora performance royalty but he declares it “unsustainable."^5 This is a fascinating perspective: apparently in Lowery’s view a performance royalty of $1,275 is unsustainable but the AM/FM world of $0 is totally fine?

Did the Federal Circuit Just Adopt Functional Claiming Through the Back Door?

Then the majority does something very odd: it proceeds to discuss in great detail the technology disclosed in the specification but not mentioned in the claims. The court clearly viewed Ultramercial's claims as patent-eligible because the specification contained detailed technical implementations and a complex flow-chart, even though none of those were included as limitations in the claim.

Japan Court Shoots Down Apple in Samsung Patent Fight

Japan Court says Samsung isn't infringing on Apple's media sync patents Japan Court says Samsung isn't infringing on Apple's media sync patents

U.S. panel takes action aimed at needless patent lawsuits

The International Trade Commission said it will soon require some complaining companies to prove upfront that they have a significant presence in the United States.

What's So Special About Patent Law, Judge Asks

Defendants complain about the high cost of litigation and then prolong cases by running back to the PTO for a do-over, Koh chided, referencing the agency's recent decision rejecting a business method patent on post-grant review, after the same patent resulted in a $345 million verdict.

The FTC Chairwoman Calls Out Patent Assertion Entities

At an event co-sponsored by CCIA, FTC Chairwoman Edith Ramirez announced that she would be asking the Commission to institute a Section 6(b) investigation of the patent troll business model. Senator Leahy also sent Chairwoman Ramirez a letter today, encouraging the FTC use its powers “to prevent unfair and deceptive trade practices in patent infringement allegations.”

***** Applications/Gadgets

GameStick Android Console Ship Date Delayed Until August To Refine UI

It’s the GameStick, the super portable USB-stick style device that plugs into an open HDMI port on your TV to turn it into an Android-powered gaming machine, and its release schedule is being pushed back another month until August, with a retail launch to follow after that, because of a need to gather more feedback related to the GameStick UI so that it can be refined prior to wide release.

Zurmo 2.0: Open Source CRM for Gen X and Y

Using BlinkStick with Raspberry Pi

BlinkStick plugs directly into a USB port, which eliminates the need for a breadboard and wires and makes the setup more tidy.

First Android-based camera with interchangeable lenses

Samsung unveiled a quad-core, 20-megapixel Galaxy NX camera with 4G LTE and a 4.8-inch display, billed as being the first Android-based, connected interchangeable-lens camera, as well as an Android-powered 16-megapixel, 10x-zoom Galaxy S4 Zoom.

Netflix open sources its Hadoop manager for AWS

Netflix runs a lot of Hadoop jobs on the Amazon Web Services cloud computing platform, and on Friday the video-streaming leader open sourced its software to make running those jobs as easy as possible.

Portal Now Available To All Linux Users

It’s no lie: legendary first person shooter and puzzle mashup Portal is now available to all Linux users. Developers Valve today pulled the Linux version of the game out of beta, meaning anyone with Steam for Linux installed can now purchase and download Portal for $9.99 US.

Citrix Takes XenServer Open Source

The world of fully open-sourced virtualized infrastructure is getting a new entrant today. Citrix is making the latest XenServer 6.2 release available under the GNU GPL v2 open source license.

'Secure Work Space' Brings BlackBerry Security to iOS, Android,2817,2420947,00.asp

BlackBerry today rolled out a new security option for BlackBerry Enterprise Service 10 that will let those with iOS and Android smartphones separate their work and personal information.

***** Reports

Spark: Open Source Superstar Rewrites Future of Big Data

Little more than three years old, Spark is very much a fledgling technology. But as Yahoo takes the plunge, according to researchers at Berkeley, Amazon is kicking the tires on the platform

Linux-based quadrocopter gains flight recorder

The Flight Recorder also enables a new Click & Go piloting mode on the Android and iOS AR.FreeFlight 2.4 piloting app for the AR.Drone. Users can now select a location on a map, and the AR.Drone 2.0 will automatically pilot toward it. They can then send the quadrocopter back to its original location. As with other functions, this is dependent on WiFi range.

Oracle Advances Open Source MySQL Clustering

Tomas Ulin, vice president for MySQL Engineering at Oracle, explained to Database Journal that MySQL server on its own has replication where data can be replicated to one or more read slaves. The model for MySQL Cluster is a bit different.

Cumulus Networks Unveils a Linux Platform for Data Centers and Cloud Deployments

"We share an open approach to the virtual datacenter," said Joshua McKenty, co-founder and CTO of Piston Cloud, in a statement. "Cumulus Networks and Piston Cloud were founded on the fundamental belief that specialized software can run on a wide range of hardware to avoid vendor lock-in, decrease complexity, increase agility and reduce cost. By transforming the economics of infrastructure and networking, Cumulus Networks and Piston Cloud are removing the barriers to enterprise clouds, and making the software-defined datacenter a reality."

Start-up readies network-optimized Linux for data centers

Start-up Cumulus Networks this week has emerged with a Linux network operating system designed for programmable data centers like the ones Google and Facebook are building.

Mozilla Moves Ahead With Do Not Track Browser

Much to the disappointment of the digital advertising establishment, Mozilla is going ahead with plans to automatically block third-party cookie tracking in its Firefox browser.

Startup Cumulus Brings Linux OS to Data Center Networks

Startup Cumulus Networks is bringing a Linux operating system to data center networks and the burgeoning software-defined network market.

Xiph unveils "next-next-generation" video codec

OpenDaylight SDN Project Expands Membership and Technology

AppScale Launches As An Open-Source Backup Equivalent To Google App Engine

Startup AppScale has launched its open-source backup up service for Google App Engine (GAE), which is compatible with standard cloud services that developers use when building apps.

Download Hosts Withdrawing

Not only is there a big risk of bad actors using download services to conceal malware downloads for their badware activities, but additionally anyone offering downloads is duty-bound to police them at the behest of the music and movie industries or be treated as a target of their paranoid attacks. Policing for both of these -- for malware and for DMCA violations -- is a costly exercise.

Android-controlled exercycle excites Kickstarter fans

After only two days on Kickstarter, an Android 4.1-powered exercise bike project has reached almost half its $250,000 goal.

Firefox 22 Delivers Open Source Communications

Among the big items that has landed in Firefox 22 is WebRTC. WebRTC is a Real Time Communication (RTC) effort that will enable users to use a browser as a communications and collaboration vehicle. Mozilla has been working on including WebRTC over the last several Firefox releases, and with Firefox 22 now considers it to be ready for prime time.

Java and other Oracle software heads to the Microsoft cloud

Microsoft also agreed to license Oracle's enterprise Java run-time and APIs and make Java "a first class runtime in Windows Azure, fully licensed and fully supported by Oracle" according to Satya Nadella, Microsoft's president of Microsoft Corporation’s Server and Tools Business. Previously, Microsoft offered open Java SDKs, he said. "Now we have the licensed Java stack, plus the middleware stack, available. We think it makes Java more first class within Azure."

***** Snippets

Linux Top Three Takeaways from the Red Hat Summit

Subversion 1.8 Gits New Features

For Red Hat, the Cloud Beckons

OpenMandriva Releases Public Alpha

Linux Foundation Sponsors IT Training Scholarship

Webconverger 20 out now

Anne Nicolas: Mageia project is a viable and mature

Linux continues to rule supercomputers

Oracle Patches Java for 40 Vulnerabilities

Red Hat (RHT) Q1 2014 Earnings: Cloud, Storage Partner Lift?

Commentary: The future of Android looks more like Apple

New Linux Training Courses Address OpenStack, Enterprise Automation Needs

When Will Red Hat Make Money from OpenStack Clouds?

Oracle bug accidentally removes GPL licence from MySQL man pages

Linux Potpourri: KDE 4.11 Beta, Debian 7.1, & Pisi Linux Beta

Linux Deepin 12.12 Released With New Desktop Environment,

Raspberry Pi Model B 512MB Linux Test Suite Benchmarks

Open source spatial monitoring gets SMART for conservation

Canonical's Mir move doesn't sit well with some Linux developers

What's Next for IBM Power? [VIDEO]

What's Inside Cumulus Linux for Networking?

Apple patent chief departs amid major ongoing IP lawsuits

Oracle bug accidentally removes GPL licence from MySQL man pages

Google should acquire Canonical and merge Ubuntu with Android

Kaspersky Secure OS vs China, Iran, North Korea Hackers?

Ubuntu Seeks Mobile, Carrier, Telecom Partners

Rapiro - The Raspberry Pi Robot Kickstarter

The most popular end-user Linux distributions are...

Forces Driving Open Source Enterprise IT Applications to the Cloud

Libraries Embracing Linux Can Be a Haven for Makers

Mandriva Linux: Which Fork Is Right for You?

Linux Mint 15 XFCE and KDE Editions released

The Best and Worst Features of Linux Desktops

Are freeloaders helpful or hurtful to open source communities?

MariaDB Foundation Becomes OSI Affiliate

Welcome to antiX.

AntiX Keeps Going For Low-End Computers

**** PRISM

Break free of PRISM with the EFFs PRISM Break site,2817,2420597,00.asp?google_editors_picks=true

Avoid Prism and the NSA with the Electronic Frontier Foundation’s guide to maintaining your privacy – comprised offree and open source software

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