OSWALD Newsletter Archives (by issue #, click to view)
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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Welcome to the Open Source Law Weekly Open Source Digest (OSWALD)
I have moved the Snowden/NSA stories to the end of this edition - and there are still a lot of them, but not as many as over the past month or so. Of interest is the possible charges being brought against the owner of Lavabit. There are some hints of a cheap Firefox phone as well.
*From my blog: http://brendanscott.wordpress.com/2013/07/29/it-pricing-report-available/
http://brendanscott.wordpress.com/2013/06/14/should-governments-specify-licence-conditions/
http://brendanscott.wordpress.com/2012/11/16/ip-issues-paper-42-costs/
Verbatim distribution with attribution ok.
Other distribution - email me.
Regards
Brendan
***** Off Topic
Google blocks Microsoft's new YouTube Windows Phone app http://www.theverge.com/2013/8/15/4624706/google-blocks-window-phone-youtube-app
http://blogs.technet.com/b/microsoft_on_the_issues/archive/2013/08/15/the-limits-of-google-s-openness.aspx
In a statement issued to The Verge, Google confirms that the application has been blocked for violating the terms of use.
Google to encrypt Cloud Storage data by default http://www.itworld.com/cloud-computing/369304/google-encrypt-cloud-storage-data-default
A Google spokeswoman said via email the company does not provide encryption keys to any government and provides user data only in accordance with the law.
***** Government/Policy
Lavabit.com owner: 'I could be arrested' for resisting surveillance order http://investigations.nbcnews.com/_news/2013/08/13/20008036-lavabitcom-owner-i-could-be-arrested-for-resisting-surveillance-order?lite
http://pressthink.org/2013/08/when-youre-in-a-fourth-estate-situation/
http://www.techdirt.com/articles/20130816/14533924213/feds-threaten-to-arrest-lavabit-founder-shutting-down-his-service.shtml
“I think if the American public knew what our government was doing, they wouldn’t be allowed to do it anymore.” Those are the poignant words of Ladar Levison, founder of Lavabit, a secure email service that he voluntarily shut down when faced with some sort of demand from the U.S. government to reveal user information.
FSFE opposes claim that free software harms consumers http://opensource.com/law/13/8/fairsearch-foss-complaint
FairSearch claims to represent consumers’ best interests, but it consists of companies who either compete directly with Google or don’t like where their websites appear in Google’s search results. No consumers or consumer groups are members of FairSearch.
Post open source software, licensing and GitHub http://opensource.com/law/13/8/github-poss-licensing
Some critics have suggested that this situation results from a combination of the ignorance of younger developers about legal matters and willful inaction by GitHub's management.
Did You Know that Mozilla is Hijacking the Internet? http://blogs.computerworlduk.com/open-enterprise/2013/08/did-you-know-that-mozilla-is-hijacking-the-internet/index.htm
A couple of weeks ago I wrote about the incredible spectacle of the European arm of the Interactive Advertising Bureau (IAB) attacking Mozilla on the grounds that the latter had "lost its values" because it insisted on defending the users' rights to control how cookies were used on their systems.
Getty Just Made 4,600 Incredible Images Public Domain http://blogs.smithsonianmag.com/smartnews/2013/08/getty-just-made-4600-incredible-images-public-domain/
Why open content? Why now? The Getty was founded on the conviction that understanding art makes the world a better place, and sharing our digital resources is the natural extension of that belief.
Conservancy Helps Samsung Resolve GPL Compliance Matter Amicably http://sfconservancy.org/news/2013/aug/16/exfat-samsung/
Conservancy's GPL Compliance Project for Linux Developers is pleased to announce its role in assisting Samsung in a recent public compliance issue.
White House IP Chief Victoria Espinel Steps Down http://legaltimes.typepad.com/blt/2013/08/white-house-ip-chief-victoria-espinel-steps-down.html
http://www.hollywoodreporter.com/blogs/thr-esq
Espinel could be one of the top candidates to head BSA
Copyright Troll Ran Pirate Bay Honeypot, Comcast Confirms http://torrentfreak.com/copyright-troll-ran-pirate-bay-honeypot-comcast-confirms-130815/
Evidence is stacking up that Prenda Law has been operating a honeypot in order to lure Internet users into downloading copyrighted material. A subpoena just returned by Comcast confirms that a Pirate Bay user called “Sharkmp4″ is directly linked to the infamous anti-piracy law firm. The case is controversial in many ways, not least because The Pirate Bay actively helped to expose the copyright troll in question.
A Robust Social Graph of the United States http://www.softwarefreedom.org/events/2012/freedom-to-connect_moglen-keynote-2012.html
We have produced innovation under austerity for the last generation and not only did we produce pretty good innovation we've produced innovation that all the other smart rich people took most of the credit for.
***** Patent/CR/DRM News+Policy
Academic Papers and Articles (Standard Essential Patents) http://essentialpatentblog.com/academic-papers-and-articles/
Over the last decade, many, many pages have been dedicated to the topic of standard-essential patents in various academic papers and journal articles. This page includes links to a variety of papers that we have found to be interesting or otherwise noteworthy.
Two weeks ahead of Microsoft-Motorola jury trial, summary judgment ruling reduces the issues http://essentialpatentblog.com/2013/08/two-weeks-ahead-of-microsoft-motorola-jury-trial-summary-judgment-ruling-reduces-the-issues-but-only-a-little-bit/
[W]hether Motorola’s offer letters were commercially reasonable requires more than a simple comparison between the royalty rate included in the offer letters and the determined RAND rate, as Microsoft urges.
Conservatives want patent reform. Thats new. http://www.washingtonpost.com/blogs/the-switch/wp/2013/08/06/conservatives-want-patent-reform-thats-new/
One of the trolls singled out in the Manhattan Institute paper claims to own the concept of scanning a document and sending it by e-mail.
PATENT TROLLS http://www.triallawyersinc.com/updates/tli_update11.html
A Report on the Litigation Industry’s Intellectual Property Line of Business
Full Attorney Fees ($9m) Awarded for Pattern of Vexatious Litigation, Affirmed on Appeal http://www.patentlyo.com/patent/2013/08/full-attorney-fees-9m-awarded-for-pattern-of-vexatious-litigation-strategy-affirmed-on-appeal.html
The award here was based upon O2's "vexatious litigation strategy, litigation misconduct and unprofessional behavior." To be clear, the problem, according to the Judge, was not just this case, but instead the pattern of bad behavior seen in prior cases as well.
Prenda parties ordered to pay more than $63K to Doe Defendants in Minnesota http://fightcopyrighttrolls.com/2013/08/08/prenda-parties-ordered-to-pay-more-than-63k-to-doe-defendants-in-minnesota/
I thought that this lawsuit was over, and I was gladly surprised to learn (hat tip to Jason Sweet) that yesterday Judge Tanya M. Bransford ordered Prenda parties (Guava LLC, Michael Dugas and Paul Hansmeier’s Alpha Law Firm) to jointly and severally pay $63,367.02 in attorney fees.
Intellectual Ventures Deploys In-House D.C. Lobbyist http://legaltimes.typepad.com/blt/2013/08/intellectual-ventures-deploys-in-house-dc-lobbyist.html
Intellectual Ventures Management, which its critics consider one of the largest U.S. "patent trolls," has deployed its first in-house lobbyist in Washington, D.C.
***** Applications/Gadgets
Let the 1st annual Open SBC Games begin! http://linuxgizmos.com/let-the-open-sbc-games-begin/
The 4.0 x 4.0-inch $189 Gizmo SBC is based on AMD’s Embedded G-Series APU along with an AMD A55E I/O controller hub.
Tiny SBC runs Linux on Xilinx ARM+FPGA SoC http://linuxgizmos.com/tiny-sbc-runs-linux-on-xilinx-zynq-arm-fpga/
The $199 Linux-ready MicroZed board is built with a Xilinx Zynq-7010 SoC, and can be used as either a single-board computer (SBC) or as a computer-on-module (COM) feeding 100 programmable GPIO signals into a carrier board.
North Korea unveils Arirang, a homemade Android-based smartphone http://gadgets.ndtv.com/mobiles/news/north-korea-unveils-arirang-a-homemade-android-based-smartphone-405041
Industry analysts say the "Arirang", built around Google's Android OS, is likely manufactured in neighbouring China, however.
ZTE Firefox OS smartphone available globally for $80 http://www.zdnet.com/zte-firefox-os-smartphone-available-globally-for-80-7000019293/
http://linuxgizmos.com/unlocked-80-dollar-firefox-os-phone-coming-to-ebay/
http://www.ztedevices.com/news/company_news/bb874d58-5a32-4e65-b075-32f5f0959d16.html
Firefox has also shown some creative thinking by partnering with smartphone OEM ZTE to sell the inexpensive ZTE Open worldwide via eBay for $80.
A crowd funded modern, fast web-mail client with user-friendly encryption and privacy features. http://boingboing.net/2013/08/04/mailpile-crowdfunding-a-secur.html
Mailpile is an Iceland-based free/open source email service that's privacy oriented, integrating easy-to-use encryption and scalable searching.
Open Source Adobe Brackets Web Development Comes to Linux http://www.eweek.com/blogs/upfront/open-source-adobe-brackets-web-development-comes-to-linux.html
Adobe is now building out a number of new Web development tools, among them is the open-source Brackets code editor that is now available as a preview for Linux users.
Google Unveils Open-Source Gumbo HTML Parser Tool http://www.eweek.com/cloud/google-unveils-open-source-gumbo-html-parser-tool/
Google is adding another open-source tool for developers with the release of its Gumbo HTML parser, which is a C implementation of the HTML5 parsing algorithm.
Tiny ARM+DSP+FPGA COMs gain Linux support http://linuxgizmos.com/tiny-arm-dsp-fpga-coms-gain-embedded-linux-support/
Timesys announced embedded Linux support for a pair of computer-on-modules that combine CPU, DSP, and FPGA functions on tiny, SODIMM-style cards.
Gigwalk Expects Its Mobile Workforce To Double With Debut Of Android App http://techcrunch.com/2013/08/15/why-a-new-android-app-is-expected-to-double-gigwalks-mobile-workforce/
Gigwalk, until now an iPhone-only service, has launched an Android version of its app, which posts crowdsourced jobs for the mobile workforce marketplace. Now the 400,000 Android users who had signed up in anticipation can now go out and get some work.
***** Reports
Is Apache the Most Important Open Source Project? http://blogs.computerworlduk.com/open-enterprise/2013/08/why-apache-remains-an-open-source-project-without-peer/index.htm
http://www.eweek.com/blogs/upfront/open-source-apache-web-server-hits-ignominious-milestone.html
Apache and nginx, both open source web servers, have lost market share this month whilst Microsoft gained significantly, up by 2.43 percentage points, to just shy of 20% of worldwide sites.
Canonical will win even if Ubuntu Edge doesn't make its $32 million http://www.zdnet.com/canonical-will-win-even-if-ubuntu-edge-doesnt-make-its-32-million-7000019241/
http://www.linuxbsdos.com/2013/08/16/ubuntu-edge-sets-crowdfund-record-but-could-still-fail/
As of August 11th, with 10 days left in the Ubuntu Edge Indiegogo campaign, Canonical has raised only $9.5-million toward its goal.
Microsoft to open source a big data framework called REEF http://gigaom.com/2013/08/12/microsoft-to-open-source-a-big-data-framework-called-reef/
Microsoft has developed a big data framework called REEF (a graciously simple acronym for Retainable Evaluator Execution Framework) that the company intends to open source in about a month. REEF is designed to run on top of YARN, the next-generation resource manager for Hadoop, and is particularly well suited for building machine learning jobs.
AnsibleWorks Raises $6M For Popular Open-Source And Easy-To-Use IT Automation Framework http://techcrunch.com/2013/08/12/ansibleworks-raises-6m-for-popular-open-source-and-easy-to-use-it-automation-framework/
AnsibleWorks has raised $6 million from Menlo Ventures for its open-source framework that has become immensely popular for its easy to use environment that simplifies the often mystical world of IT Automation.
1 Small App, 1 Giant Feather in Linux's Cap http://www.linuxinsider.com/story/1-Small-App-1-Giant-Feather-in-Linuxs-Cap-78705.html
"The father of Linux, Linus Torvalds, once said, 'if Microsoft ever does applications for Linux it means I've won,'" noted a recent article on Muktware, for example. "Microsoft yesterday released one of its cash cows, Microsoft Office, for Android.... So, it looks like Linus has won."
Twitter acquires open source educator Marakana for internal university http://www.zdnet.com/twitter-acquires-open-source-educator-marakana-for-internal-university-7000019344/
Specifically, Marakana has taught courses about Android, Java, HTML5, Scala, Python, Hadoop, and jQuery, among other languages and platforms.
Red Hat CEO: Go Ahead, Copy Our Software http://readwrite.com/2013/08/13/red-hat-ceo-centos-open-source
Imagine your company spent more than $100 million developing a product. Now imagine that a competitor came along and cloned your product and distributed a near-perfect replica of it. Not good, right? If you're Apple, you spend years and tens of millions of dollars fighting it, determined to be the one and only source of your product. If you're Red Hat, however, you embrace it
Why Ubuntu’s creator still invests his fortune in an unprofitable company http://arstechnica.com/information-technology/2013/08/why-ubuntus-creator-still-invests-his-fortune-in-an-unprofitable-company/
What may surprise some people is that Canonical could be profitable today if Shuttleworth was willing to give up his dream of revolutionizing end user computing and focus solely on business customers.
Hyperloop: The Promise is in the Project’s Approach http://www.linuxfoundation.org/news-media/blogs/browse/2013/08/hyperloop-promise-project%E2%80%99s-approach
Hyperloop is also unique in that it is an open design concept, similar to Linux. Feedback is desired from the community that can help advance the Hyperloop design and bring it from concept to reality. - - Hyperloop Alpha, Page 6
Facebook's trillion-edge, Hadoop-based and open source graph-processing engine http://gigaom.com/2013/08/14/facebooks-trillion-edge-hadoop-based-graph-processing-engine/
People following the open source Giraph project likely know that Facebook was experimenting with it, and on Wednesday the company detailed just how heavily it’s leaning on Giraph. Facebook scaled it to handle trillions of connections among users and their behavior, as the core of its Open Graph tool.
Run Windows apps on both OS X & Linux with CrossOver 12.5 http://www.zdnet.com/run-windows-apps-on-both-os-x-and-linux-with-crossover-12-5-7000019345/
You actually don't need CrossOver to run Windows applications on Linux or a Mac. You can do it with Wine alone -- if you know precisely what you're doing. What CrossOver gives you is easy, automated installation of Windows applications, and technical support. And in this latest version, the CrossOver interface has been improved so it's easier than ever to install and manage Windows applications.
How Android Grew To Be Massively More Popular Than The iPhone http://www.businessinsider.com/history-of-android-2013-8?
Last week, research firm IDC dropped a big bomb on Apple.
Linux solidifies its marketability due to the increased Linux adoption by enterprise businesses http://www.linuxcareer.com/linux-solidifies-its-marketability-due-to-the-increased-linux-adoption-by-enterprise-businesses
However, recent study conducted by Suse Linux reveals that 83 percent of enterprise companies already have Linux deployed on their servers and more than half of the responders included in the survey, which do not have currently Linux as part of their business operations, are prepared to incorporate Linux into their business model within upcoming 12 months.
Happy 20th Birthday, Debian http://news.softpedia.com/news/Happy-20th-Birthday-Debian-375907.shtml
Well, another year has passed and Debian GNU/Linux is getting older and older, as it turns exactly 20 years old, today, on August 16, 2013.
VMware's Love-Hate Relationship With OpenStack http://www.eweek.com/blogs/first-read/vmwares-love-hate-relationship-with-openstack.html
OpenStack, just like VMware, is not just a single product or thing. It is a collection of projects that collectively can be called OpenStack and includes compute, storage, networking, orchestration and identity services.
Linux-based autopilots target commercial UAVs http://linuxgizmos.com/linux-based-autopilots-target-commercial-uavs/
Airware demonstrated its Linux-based os-Series autopilot computers for unmanned aerial vehicles (UAVs).
Patterns and practices for open source software success http://opensource.com/business/13/8/oss-patterns-and-practices
* Deployment growth: One publishes software to see it used. Even from the minimalist view point of, “It was useful to me; it might be useful to you.”
***** Snippets
Bitcoin developers say critical Android flaw leaves digital wallets vulnerable to theft http://www.theverge.com/2013/8/11/4611770/bitcoin-critical-android-flaw-digital-wallets
http://www.zdnet.com/google-confirms-bitcoin-theft-vulnerability-in-android-7000019431/
Free Google AdSense app for Android devices http://www.itworld.com/mobile-wireless/368117/free-google-adsense-app-android-devices
Fedora Linux Set to Build Agile Core http://www.eweek.com/enterprise-apps/fedora-linux-set-to-build-agile-core
Firefox 24 Set to Update Browser Console, Android Features http://www.eweek.com/cloud/firefox-24-set-to-update-browser-console-android-features
Where Is Linux Used in the Enterprise? http://www.eweek.com/enterprise-apps/where-is-linux-used-in-the-enterprise
Ubuntu 13.10 Sticks with Firefox, Ubuntu 14.04 LTS to Feature Chromium as Default http://news.softpedia.com/news/Ubuntu-13-10-Sticks-with-Firefox-Ubuntu-14-04-LTS-to-Feature-Chromium-as-Default-375012.shtml
Linux Kernel 3.10.7 Is Now Available for Download http://news.softpedia.com/news/Linux-Kernel-3-10-7-Is-Now-Available-for-Download-375596.shtml
Mini-ITX SBC packs lots of I/O, runs Linux on Haswell http://linuxgizmos.com/mini-itx-sbc-packs-lots-of-io-runs-linux-on-haswell/
Precise Puppy 5.7.1 review: a small and swift linux distro http://www.binarytides.com/precise-puppy-5-7-1-linux-review/
Working with Red Hat's Pulp team http://opensource.com/life/13/8/pulp-intern
Linux Users Have Luxury of Choosing From Diverse Desktop Options http://www.eweek.com/enterprise-apps/slideshows/linux-users-have-luxury-of-choosing-from-diverse-desktop-options/
Samba: opening Windows to a wider world http://www.linuxuser.co.uk/features/samba-opening-windows-to-a-wider-world
**** More On NSA/Snowden
http://www.techdirt.com/articles/20130816/14315324210/wyden-udall-latest-revelations-abuses-are-just-tip-larger-iceberg.shtmlhttp://www.washingtonpost.com/world/national-security/nsa-broke-privacy-rules-thousands-of-times-per-year-audit-finds/2013/08/15/3310e554-05ca-11e3-a07f-49ddc7417125_story.html
http://www.washingtonpost.com/blogs/the-switch/wp/2013/08/12/the-man-who-misled-congress-on-spying-will-pick-obamas-intelligence-review-panel/?Post+generic=%3Ftid%3Dsm_twitter_washingtonpost
http://www.zdnet.com/expecting-privacy-with-email-providers-is-extremely-naive-7000019374/
http://www.volokh.com/2013/08/12/problem-withthe-administration-white-paper-on-the-telephony-metadata-program/?ModPagespeed=noscript
http://thecable.foreignpolicy.com/posts/2013/08/13/after_multiple_denials_cia_admits_to_snooping_on_noam_chomsky
http://arstechnica.com/information-technology/2013/08/the-1-6-percent-of-the-internet-that-nsa-touches-is-bigger-than-it-seems/
http://www.nytimes.com/2013/08/18/magazine/snowden-maass-transcript.html?src=twr&_r=1&
http://www.forbes.com/sites/kashmirhill/2013/08/12/every-important-person-in-bitcoin-just-got-subpoenaed-by-new-yorks-financial-regulator/
http://www.wired.com/threatlevel/2013/08/swartz-foia-release/
http://www.theatlantic.com/technology/archive/2013/08/the-nsa-is-commandeering-the-internet/278572/
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10910701
http://www.theguardian.com/commentisfree/2013/aug/11/nsa-internet-surveillance-email
http://www.aclu.org/blog/national-security/nsa-privacy-violations-even-more-frequent-we-imagined
http://www.aclu.org/blog/national-security/guide-what-we-now-know-about-nsas-dragnet-searches-your-communications
http://www.dailydot.com/politics/foia-request-nsa-prism-metadata-kevin-collier/
http://www.scotusblog.com/2013/08/u-s-appeals-on-cellphone-privacy/
They point out that they really can't reveal the details, but they're hopeful that President Obama and the intelligence community recognizes that it's better for them to come clean themselves.
---This Digest is sponsored by Open Source Law http://www.opensourcelaw.biz
see also: http://www.members.optusnet.com.au/brendansweb/opensource/
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