Brendan Scott
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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 #367 Period ending 20 July 2010

OSWALD #367 Period ending 20 July 2010

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

Neelie Kroes says some kind words in support of open source and NZ apparently ditches software patents (how is it that the NZers typically see sense a decade before the rest of the world?). OpenSolaris looks like it's headed nowhere and more punditry on the Bilski/Kappos decision.

>From my blog:

Verbatim distribution with attribution ok.

Other distribution - email me.



Brendan Scott

Open Source Law

***** Open Standards/ODF

Please Welcome Open AXIS Group

The Open AXIS Group's mission is to expand the adoption, promotion, enhancement and maintenance of a robust airline industry standardized XML schema capable of delivering comprehensive functionality to both the supply and demand sides of the travel supply chain.

ODF 1.2 Begins Final 60-day Public Review

A major milestone was reached for the OASIS ODF TC last week. The latest Committee Draft of ODF 1. 2 (CD 05) was sent out for a 60-day public review.

***** Off Topic

Microsoft's latest charitable tactic to boost Bing's search share

In order to enable the $3 donation, users must set Bing as their default search engine.

Gawker Media Deals Its Way Out of iPhone Search Warrant

A California court has granted the request of local prosecutors to withdraw a controversial search warrant against an editor for the tech site Gizmodo over its scoop about the iPhone 4G. Prosecutors reached an agreement with Thomas Nolan, the attorney representing Gizmodo and reporter Jason Chen, to return a computer and other seized items in exchange for "all of the materials in the computer sought by our investigators," San Mateo County Chief Deputy District Attorney Stephen Wagstaffe told Wired. com Friday.

***** Government/Policy

OSS: Europe vs. The United States

She blasted proprietary software, saying that choosing it over Open Source alternatives can leave nations "unintentionally locked into proprietary technology for decades", and went on to note that even if Open Source options are later implemented, they "risk being systematically ignored. "

NHS loses massive Microsoft licensing rebate

[A little off topic, but goes to show what an exercise in futility any closed source licensing discount is.]

Without a new agreement every NHS organisations will be looking at expensive hardware audits of all their various offices, labs and surgeries. The original deal was good for up to 900,000 desktop machines, at the time the NHS had approximately 500,000 machines.

It's official: Software will be unpatentable in NZ

This is significant. As we've previously pointed out software patents aren't black and white, and there are certainly pros and cons. However on balance, we believe they represent a far greater risk to smaller NZ-based software providers than opportunity, and there are many cases where they have significantly stifled innovation.

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

ASCAP's attack on Creative Commons

But there is not. Creative Commons, Public Knowledge and EFF are not aiming to "undermine" copyright; they are not spreading the word that "music should be free"; and there is certainly not yet any rally within Congress in favor of any of the issues that these groups do push.

Curse of the Greedy Copyright Holders

When I asked to use a single line by songwriter Joe Henry, for example, his record label's parent company demanded $150 for every 7,500 copies of my book. Assuming I sell enough books to earn back my modest advance, this amounts to roughly 1. 5% of my earnings, all for quoting eight words from one of Mr. Henry's songs.

Report: More Patents Granted in 2009

The number of utility patents granted by the U. S. Patent & Trademark Office increased in 2009 after a two-year decline.

Bilski v. Kappos - Post-Decision SCOTUScast

Sony v. Tenenbaum

This ruling is critically important because it has the potential to affect every copyright litigation's damages calculations when statutory damages are at issue.

eBay served with $3.8 billion patent suit

According to the suit, which was filed Tuesday in a Delaware federal district court, technology that was built into PayPal's patent had previously been shared with PayPal confidentially by representatives from XPRT and is contained in a total of six XPRT patents. eBay, the complaint alleges, incorporated those details into an April 2003 patent called "Method and System to Automate Payment for a Commerce Transaction. "

Ha ha ha ha ha. RIAA paid its lawyers more than $16,000,000 in 2008 to recover only $391,000

The RIAA paid Holmes Roberts & Owen $9,364,901 in 2008, Jenner & Block more than $7,000,000, and Cravath Swain & Moore $1. 25 million, to pursue its "copyright infringement" claims, in order to recover a mere $391,000.

***** Applications/Gadgets

Linux game console adds GPU, accelerometers

GamePark Holdings (GPH) is readying a new version of its GP2X handheld game console running open source Linux games. The "GP2X Caanoo" is equipped with a 533MHz ARM9 CPU and 3D-ready GPU, a 3. 5-inch display, Wi-Fi, and an accelerometer with a vibration motor.

SugarCRM 6 Debuts with Open Source and Commercial Features

FreeType 2.4 now free from patent restrictions

The FreeType development team has released version 2. 4 of the rendering library for TrueType and PostScript fonts. FreeType is used in almost all Linux and open source Unix systems. The latest version is also much more stabile when dealing with broken or damaged font files.

***** Reports

DuckDuckGo: A New Search Engine Built from Open Source

..the entire site is built on open source tools, ranging from FreeBSD for the operating system to good old-fashioned Perl for the logic.

Mandriva Linux avoids bankruptcy; we test the new version

The Spring 2010 version was finally released last week after some new investors bailed out the company and made it possible for development efforts to continue.

EMC Moves into Business Analytics with Greenplum Acquisition

Greenplum is built on the open source PostgreSQL database and commodity hardware, giving the company a pricing edge over competitors. It also developed its own MapReduce technology after initially looking at Hadoop.

Exploring the software behind Facebook, the world’s largest site

In some ways Facebook is still a LAMP site (kind of), but it has had to change and extend its operation to incorporate a lot of other elements and services, and modify the approach to existing ones.

OpenSolaris governing board threatens dissolution

In an act of desperation, the OpenSolaris governing board (OGB) has issued an ultimatum to Oracle. The company must nominate a contact person able to take decisions regarding OpenSolaris by the 16th of August or the board will dissolve and relinquish control of OpenSolaris to Oracle.

Amazon opens supercomputing service

The cluster service, which is available with Linux and a customer's own software added into the mix, is best suited to parallel tasks that can be divided into independent pieces that run simultaneously.

Compiere Open Source failed?

Nevertheless, the Compiere product exists and is certainly superior in its market (= the primary motivation for Consona to invest in Compiere). This may be a good time to revitalize the momentum of Open Source ERP and Compiere. In the second part of this series I will cover the lessons learned from building (and losing) open source community support.

Richard Stallman to hit Australia

free and open source software luminary Richard Stallman will hit Australia for an unknown period of time in October, with a keynote scheduled to be held at the University of New South Wales.

Richard Stallman on .NET, Mono and DotGNU

The basic point is that Microsoft has patents over features in . NET, and its patent promise regarding free software implementations of those is inadequate. It may someday attack the free implementations of these features.

Open Source Hardware Defined

Members of the open source hardware community publicly issued a list of standards that define a specific piece of hardware as open source.

Top Solaris developer flees Oracle

Greg Lavender, the lead developer in charge of the Solaris operating system at Oracle, has left the company. And the OpenSolaris Governing Board, which is supposed to steer the open source version of Solaris, is thinking about disbanding because Oracle has not had any contact with the board for the past six months.

A line in the sand for graphics drivers

The situation in the fast-growing mobile space is not so comforting, though. As can be seen in recent conversations, free support for mobile graphics looks like the next big problem to be solved.

Droid X actually self-destructs if you try to mod it

If the eFuse failes to verify this information then the eFuse receives a command to "blow the fuse" or "trip the fuse". This results in the booting process becoming corrupted and resulting in a permanent bricking of the Phone. This FailSafe is activated anytime the bootloader is tampered with or any of the above three parts of the phone has been tampered with.

Linux Phones To Dominate Mobile Market

"The number of Linux-oriented initiatives recently seen in the mobile industry indicates that Linux will be a key technology in the next generation of netbooks, media tablets, and other mobile devices," said senior analyst Victoria Fodale in a statement.

Editor's Note: What Good is it if They Don't Know it's Linux?

Apple bought CUPS in 2007. The first release of CUPS was in 1999, and has been maintained all these years by its inventor Michael Sweet. Apple had nothing to do with it, and even now would have no interest in it except for the hidden Unix underpinnings that makes OS X CUPS-compatible.

Intel Can't Ship Their Own Driver With Their MeeGo OS

The overall situation since has only become worse and even MeeGo (their own Linux OS) will be shipping without Intel's EMGD driver.

***** Snippets

Announcing FOSSology 1.2.0 Release

Microsoft UK: Don't Cave to UK Survey's Linux "Suggestions"

What FOSS communities can look like from the outside

IBM's "Complete Defense" To Any SCO Claim of Copyright Infringement - Transcribers Needed

MeeGo keynote address at Akademy 2010

Open Source Business Models Become More Attractive

Google SketchUp in Linux - A reality!

Weaver: Framework for Game Development for Linux

SugarCRM Jumps the Open Source shark

SCO says its claims not dead yet

Ballmer: Microsoft is 'hardcore' about Windows 7 slate machines

IBM's Defense Against SCO's Copyright Infringement Claims - The Memorandum, Part 1

Open Source Cornerstones: Foundational Ideas and People in Open Source/Free Software Movement

T2 System Development Environment 8.0 arrives

Mandriva Press Release Raises More Questions

FSF developing social networking software

MediaWiki and Script Translation for the Morevna Project

At Least Motorola Admits It

A considered future for OpenSolaris

London Stock Exchange CTO leaves during move to Linux

Bordeaux 50% off sale in celebration of the Wine 1.2 release

Well over half of the most reliable hosting companies run on Linux

Virtualization Software for Linux

Droid X Proves a Hit: Sold Out
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