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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.                                                                                                                                        
OSWALD #368 Period ending 28 July 2010
Welcome to the Open Source Law Weekly Open Source Digest (OSWALD)
Hmmm. Lots of talk this week of Android taking over the world. In Russia, a national operating based on Linux is being planned. Common sense is seeing the light of day in the US with an administrative ruling opening up some exceptions to the DMCA over there, and a court case also limiting its application and in other IP news, a busienss has been started applying to copyright a similar strategy to that of patent trolls.
>From my blog: http://brendanscott.wordpress.com/2010/07/01/example-copyright-damages-australian-industry/
Verbatim distribution with attribution ok.
Other distribution - email me.
Open Source Law
WS-I Transitions to OASIS http://www.oasis-open.org/news/oasis-news-2010-07-22.php
Today the Web Services Interoperability Organization (WS-I; http://www.ws-i.org) announced its decision to transition its assets, operations, and mission into a Member Section of OASIS (Organization for the Advancement of Structured Information Standards; http://www.oasis-open.org/). The transition is expected to take place over the next few months.
Government Computers to Get Linux-Based Operating System http://www.themoscowtimes.com/business/article/government-computers-to-get-linux-based-operating-system/410915.html
The government is hoping to launch the first version of a "national operating system" for its computers as early as next year, a senior Communications and Press Ministry official said Thursday.
EFF Celebrates 20th Anniversary With New Animation by Nina Paley http://www.eff.org/deeplinks/2010/07/eff-celebrates-20th-anniversary-new-animation-nina
EFF's defense of your digital rights is needed now more than ever. From onerous user agreements with monstrous blocks of legalese that take away your rights, to new forms of tracking and surveillance that erode your privacy as you use the Internet, to international efforts to force ISPs to monitor subscribers and become "copyright cops," the threats to our freedom and rights online continue.
Our commitment to the digital humanities http://googleresearch.blogspot.com/2010/07/our-commitment-to-digital-humanities.html
Look at the 10th century Venetus A manuscript, which contains scholia written fifteen centuries earlier about texts written five centuries before that. Almost since computers were invented, people have envisioned using them to expose the interconnections of the world's knowledge. That vision is finally becoming real with the flowering of the web, but in a notably limited way: very little of the world's culture predating the web is accessible online.
The DMCA just got a little weaker http://lwn.net/Articles/397368/
The court has ruled that simply circumventing technical measures is not, by itself, a violation of the Digital Millennium Copyright Act. "However, MGE advocates too broad a definition of "access;" their interpretation would permit liability under 1201(a) for accessing a work simply to view it or to use it within the purview of 'fair use' permitted under the Copyright Act. Merely bypassing a technological protection that restricts a user from viewing or using a work is insufficient to trigger the DMCA's anti-circumvention provision.
New AntiCircumvention Rule from US Copyright Office http://www.copyright.gov/1201/
The Copyright Office is conducting this rulemaking proceeding mandated by the Digital Millennium Copyright Act, which provides that the Librarian of Congress may exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works.
Patenting by Entrepreneurs: The Berkeley Patent Survey (Part I of III) http://www.patentlyo.com/patent/2010/07/patenting-by-entrepreneurs-the-berkeley-patent-survey-part-i-of-iii-1.html
Newspaper Chain’s New Business Plan: Copyright Suits http://www.wired.com/threatlevel/2010/07/copyright-trolling-for-dollars/
Borrowing a page from patent trolls, the CEO of fledgling Las Vegas-based Righthaven has begun buying out the copyrights to newspaper content for the sole purpose of suing blogs and websites that re-post those articles without permission. And he says he's making money.
Bratz Dolls Breathe Again After Stunning Ninth Circuit Reversal http://blogs.wsj.com/law/2010/07/22/bratz-dolls-breathe-again-after-stunning-ninth-circuit-reversal/
It is not equitable to transfer this billion-dollar brand, the value of which is overwhelmingly the result of MGAs legitimate efforts, because it may have started with two misappropriated names, the appellate panel said in its ruling today.
UltraViolet video streaming DRM to launch this Fall http://www.myce.com/news/ultraviolet-video-streaming-drm-to-launch-this-fall-32157/
The Digital Entertainment Content Ecosystem (DECE) has branded their system of "Universal DRM", which was first announced at CES 2010, calling the technology UltraViolet. The system is designed to allow consumers the ability to view purchased movies wherever, whenever, over multiple platforms and formats.
Apple among 36 companies targeted in e-mail spam patent suit http://www.appleinsider.com/articles/10/07/21/apple_among_36_companies_targeted_in_e_mail_spam_patent_suit.html
A new lawsuit filed this week has accused Apple, Google and numerous others of patent infringement, alleging that the companies are improperly profiting from spam filtering technology created by InNova.
A proposed EU patent on broccoli and tomatoes http://www.dw-world.de/dw/article/0,,5819653,00.html
There are fears that if the patent is allowed to stand, it will have negative consequences for independent farmers and consumers.
Lawsuit Dropped; Claimed That Copyright-Filtering Violates Copyright http://www.wired.com/threatlevel/2010/07/copyrightfiltering-scribd/
Ironically, Scott targeted Scribd both for trying to block pirated copies of her book, and for failing to successfully do so.
RIAA Appeals Reduction of Tenenbaum P2P Judgment http://www.zeropaid.com/news/90025/riaa-appeals-reduction-of-tenenbaum-p2p-judgment/
Disagrees with Judge Nancy Gertner's ruling that the $675,000 fine is "unconstitutionally excessive" and formally appeals the case to the United States Court of Appeals for the First Circuit.
Bilski to be Expanded in RCT v. Microsoft http://www.awakenip.com/?p=466
While there are at least eight (8) cases before the Federal Circuit that could be the court's first word on patentable subject matter after the Supreme Court's Bilski v. Kappos opinion, my prediction is that the first decision to provide additional guidance for computer software will be Research Corp. Tech (RCT) v. Microsoft.
Why NASA uses Open Source http://blog.internetnews.com/skerner/2010/07/why-nasa-uses-open-source-and.html
In order to save the data from distant spacecraft, satellites and other scientific endeavors, NASA is leveraging open source tech (including Ubuntu Linux) and regular enterprise networking components to meet their mission.
System76 second gen Starling Netbooks look gorgeous, Available to pre-order now http://www.omgubuntu.co.uk/2010/07/system76-second-gen-starling-netbooks.html
Lenovo to launch Android tablet by year's end http://news.cnet.com/8301-17938_105-20011028-1.html
Dubbed "LePad," the tablet will run Google's Android operating system
Why India’s $35 Tablet May Be Just a Dream http://www.wired.com/gadgetlab/2010/07/india-35-tablet/
The Linux-based tablet from India is priced at $35 with the potential to drop it to either $20 or $10. The tablet will support video conferencing and wireless, have open source software on it including Open Office, and will include a media player. It will also have a solar-power option.
Zbox HD-ID11 nettop review http://www.linuxuser.co.uk/reviews/zbox-hd-id11-review/
Pros: This tiny home theatre box is the perfect partner for streaming HD content to your TV, or as a mini Linux entertainment system
Rackspace, NASA launch OpenStack: Can it prevent cloud lock-in? http://www.zdnet.com/blog/btl/rackspace-nasa-launch-openstack-can-it-prevent-cloud-lock-in/36850
Rackspace on Monday launched OpenStack, an open source cloud computing operating system, designed to take on the likes of VMware's vSphere and Microsoft's Azure. NASA, Citrix and Dell are among the key partners.
Visual Effects For Project London Movie Made With Blender! http://www.techdrivein.com/2010/07/visual-effects-for-project-london-made.html
Project London is an independent, no-budget, feature-length, live action movie with vivid, intense, and marrow-vibrating visual effects and animations created with the open source software Blender (and other traditional software) and 250 (or so) worldwide volunteers.
Android Army to Conquer Mobile Market by 2015 http://www.linuxinsider.com/rsstory/70427.html?wlc=1280404835
Android's a powerful up-and-comer in smartphone market share, but when it comes to non-smartphone mobile devices -- netbooks, tablets, MIDs, etc. -- Google's platform will own a huge chunk of the market by 2015, according to ABI. Several manufacturers have announced plans to offer Linux-based mobile non-smartphone devices soon.
What does Oracle plan for Sunâ€™s open-source projects? http://blogs.computerworld.com/16570/what_does_oracle_plan_for_sun_s_open_source_projects
Oracle isn't actively killing any of these projects. Instead, they're simply no longer funding them or assigning staffers to them. So, for example, there may still be servers devoted to one project or another, but there's no longer anyone who can give any outside developers permission to commit changes to the projects hosted on those servers.
Microsoft OpenSource Platform Project http://www.networkworld.com/community/node/63948
China and the Year of the GNU/Linux Desktop http://www.computerworlduk.com/community/blogs/index.cfm?entryid=3083&blogid=14
If so, it would directly compete with Google's Android operating system. New Android handsets are being released quickly in China, and Baidu would like its own operating system to help give it an edge in the increasingly important mobile search market.
Ubuntu Linux Brings IBM DB2 to the cloud http://blogs.computerworld.com/16573/ubuntu_linux_brings_ibm_db2_to_the_cloud
DB2 Express-C is IBM's free community edition of DB2 software. Small businesses and multi-branch companies, as well as developers, can use it as their DBMS (database management system) platform. It has all of DB2's core features and can be used to power in-house DBMS applications,
Why I'm jolly impressed with Jolicloud 1.0 http://www.zdnet.co.uk/blogs/communication-breakdown-10000030/why-im-jolly-impressed-with-jolicloud-10-10018069/
Firstly, it exists now a big plus. More importantly, though, is the fact that Jolicloud offers full cloud integration while retaining the persistent offline functionality of a normal desktop OS (Chrome OS's major Achilles heel, I suspect I look forward to a world of hyperconnectivity, but we're not there yet).
Introducing OpenStack http://openstack.org/blog/
Today Cloud. com announced that we have joined the OpenStack Initiative, providing our commitment to support, collaborate and contribute to the success of this community and it's efforts to drive open standards and innovation in the cloud computing market.
Google cracks open Android's closed development http://www.theregister.co.uk/2010/07/22/android_open_development/
Google will crack open more of Android's development process but keep new versions of its mobile OS closed for competitive reasons.
Canonical Offers Cloud Computing Based Virtual DB2 Appliance for Ubuntu http://www.serverwatch.com/news/article.php/3894351/Canonical-Offers-Cloud-Computing-Based-Virtual-DB2-Appliance-for-Ubu
The new IBM DB2 appliance partnership comes as Canonical is ramping up its cloud efforts for both public and private clouds.
FCam adds RAW and HDR capture to Nokia N900 http://www.slashgear.com/fcam-adds-raw-and-hdr-capture-to-nokia-n900-2294918/
Mobile photography could get a shot in the arm thanks to the combined efforts of Stanford University researchers and Nokia Research, who have pushed a new open-source digital photography platform out the door.
Android may have the phones, but MeeGo may get the cars http://blogs.computerworld.com/16583/android_may_have_the_phones_but_meego_may_get_the_cars
Actually, it looks now like MeeGo is going to have its own niche where it will be the embedded Linux of choice: Car entertainment, Internet, and navigation systems.
Sony now facing single class-action for PS3 other-OS removal http://arstechnica.com/gaming/news/2010/07/sony-now-facing-single-class-action-for-ps3-other-os-removal-action-in-ps3-other-os-removal.ars
Sony did not make many friends in the tech community when the company forcibly removed the option to install Linux via a mandatory firmware update.
Inside Facebook's Open Source Infrastructure http://www.developer.com/open/article.php/3894566/Inside-Facebooks-Open-Source-Infrastructure.htm
Facebook's open source Web serving infrastructure has a lot more than just the traditional LAMP (Linux/Apache/MySQL/PHP) stack behind it.
HP confirms tablets for both Windows 7 and WebOS http://www.linuxfordevices.com/c/a/News/HP-confirms-tablets-for-both-Windows-7-and-WebOS/
Bradley notably left out mention of a tablet running Google's Android OS, which HP was reported to have temporarily shelved as it focuses on getting its first WebOS product to market. The PC-maker acquired the well-regarded OS during its $1. 2 billion purchase of Palm, earlier this year.
The Sad State of Open Source in Android tablets http://projectgus.com/2010/07/open-source-in-android-tablets/
Unfortunately, the current crop of Android tablets aren't nurturing open source at all.
Open Source Does Not Need "Monetising" http://www.computerworlduk.com/community/blogs/index.cfm?entryid=3092&blogid=41
An open source community is an example of a group of people choosing to synchronise a fragment of their mutual interests, each at their own expense, for the benefit of all involved including themselves^1. While there may be a non-profit organisation for administrative reasons, an open source community is not a non-profit or a for-profit.
FFmpeg's VP8 Decoder Blasts Google's Decoder http://www.phoronix.com/scan.php?page=news_item&px=ODQ0NQ
The ffvp8 library is this new VP8 decoder created by three FFmpeg developers and after a few weeks of work it's already complete enough to be bit-exact with that of Google's libvpx, while it's much faster than the official decoder.
Deacon: Musings on Starting an Open-Source Project http://www.daverea.com/2010/07/deacon-musings-on-starting-an-open-source-project/
It's been four months since I founded and announced the Deacon project, and the team and I have learned a few lessons about open source projects along the way. The project is admittedly still a fledgling, but if you're interested in hearing a few impressions from our work so far, feel free to hit the jump. . .
Droid X sells out as Motorola defends lock-down chip http://www.linuxfordevices.com/c/a/News/Motorola-Droid-X-shortages/
50 Places Linux is Running That You Might Not Expect http://www.focus.com/fyi/information-technology/50-places-linux-running-you-might-not-expect/
Seven Current Issues on the Linux Desktop http://itmanagement.earthweb.com/osrc/article.php/3893631/Seven-Current-Issues-on-the-Linux-Desktop.htm
Mozilla Would Like to Pick Your Brain - Revising the MPL http://www.groklaw.net/article.php?story=20100718112719569
Open source software. The gateway drug to Linux. http://it.toolbox.com/blogs/locutus/open-source-software-the-gateway-drug-to-linux-40024
The Transcripts from the SCO v. Novell Trial http://www.groklaw.net/article.php?story=20100719172924486
FOSS dev launches petition against software patents http://www.itwire.com/it-policy-news/government-tech-policy/40511-foss-dev-launches-petition-against-software-patents
Resources for Open Source Compliance http://www.linuxtoday.com/developer/2010072100535OSBZLL
Fortune cookie says: To succeed, you must share. http://opensource.com/business/10/7/fortune-cookie-says-succeed-business-you-must-share
Linux Syncs Great With Droids http://www.linuxplanet.com/linuxplanet/reports/7128/1/
Rotten to the (Open) Core? http://blogs.gnome.org/bolsh/2010/07/19/rotten-to-the-open-core/
Drupal looks beyond open source zealots http://www.theregister.co.uk/2010/07/21/drupal_7_changes/
OSCON: Open Source Lazy About Social Web Services http://www.pcworld.com/businesscenter/article/201599/oscon_open_source_lazy_about_social_web_services.html
Not another rehash of Bilski http://allthingspros.blogspot.com/2010/07/not-bilski-rehash.html
Can one sponsor sustain a FOSS project on the long term? http://www.linuxtoday.com/developer/2010072202935OPCYDV
Morevna - An Open Source Anime Project Using Open Source Tools Only http://www.techdrivein.com/2010/07/morevna-open-source-anime-project-using.html
Keep Tabs on Your Data with Pygmynote http://www.linux-magazine.com/Online/Blogs/Productivity-Sauce-Dmitri-s-open-source-blend-of-productive-computing/Keep-Tabs-on-Your-Data-with-Pygmynote
Dell drops Ubuntu PCs from website... for now http://www.pcpro.co.uk/news/359740/dell-drops-ubuntu-pcs-from-website-for-now
WordPress Theme Thesis Maker Backs Down, Adopts GPL http://mashable.com/2010/07/22/thesis-relents/
Living the Linux Lifestyle http://itmanagement.earthweb.com/osrc/article.php/3894876/Living-the-Linux-Lifestyle.htm
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