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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.                                                                                                                                        
Welcome to the Open Source Law Weekly Open Source Digest (OSWALD)
Well, HP has just released the TouchPad running its closed (Linux-based) webOS operating system and then told everyone they were canning their PC division (including the tablet form factor). TouchPad pricing was slashed, with people snapping them up at $100 ea. They've now appeared on eBay etc at several multiples of that price (!). In addition, people are now loading Ubuntu etc onto their TouchPads.
The Patents-Are-A-Problem meme has also gotten a fair bit of attention this week, with a variety of stories in that vein. Samsung are free to ship to Europe again with an injunction there lifted. Also, Apple's design has apparently been anticipated in 2001 A Space Odyssey(!!)
>From my blog: http://brendanscott.wordpress.com/2011/07/01/gov-2-0-open-source-wrongness/
Verbatim distribution with attribution ok.
Other distribution - email me.
Open Source Law
Notch challenges Bethesda to Quake 3 battle for use of Scrolls name http://www.geek.com/articles/games/notch-challenges-bethesda-to-quake-3-battle-for-use-of-scrolls-name-20110817/
The Terrible Cost of Patents http://www.washingtonpost.com/business/technology/the-terrible-cost-of-patents/2011/08/19/gIQATldxPJ_story.html
Platform wars: software patents in a new light http://opensource.com/law/11/8/platform-wars-software-patents-new-light
The value of these patents is not in the technology. These prices are being paid for the power to block others from using technology they have developed independently. Or for the power to block others from blocking you by threatening to block them from using their technology -- "assertion" and "counter-assertion. "
Beware: Europe's 'unitary patent' could mean unlimited software patents http://www.guardian.co.uk/technology/2011/aug/22/european-unitary-patent-software-warning
The volunteer activists drifted away, thinking the battle won, but the corporate lobbyists for software patents were paid to stay on the job. Now they have contrived another sneaky method: the "unitary patent" system proposed for the EU. Under this system, if the European Patent Office issues a patent, it will automatically be valid in every participating country, which in this case means all of the EU except for Spain and Italy.
DK: 25,000 hospital staff Copenhagen region to use open source office suite http://www.osor.eu/news/dk-25-000-hospital-staff-copenhagen-region-to-use-open-source-office-suite
Almost all of the 25,000 workers at thirteen hospitals in the Copenhagen region will over the next year begin to use Libre Office, an open source suite of office productivity tools.
Patent [npe] targets Apple's Disk Utility over alleged patent violation http://arstechnica.com/apple/news/2011/08/patent-troll-targets-apples-disk-utility-for-patent-violation.ars
Illinois-based Software Restore Solutions has filed a patent infringement lawsuit against Apple, claiming that the company's Disk Utility application violates a patent on automatic computer configuration repair. The lawsuit was filed Wednesday in the Northern District of Illinois.
Court Ruling Opens The Door To Rejecting Many Software Patents As Being Mere 'Mental Processes' http://www.techdirt.com/articles/20110817/03120415557/court-ruling-opens-door-to-rejecting-many-software-patents-as-being-mere-mental-processes.shtml
In a new ruling at the Federal Circuit appeals court (CAFC), the court appears to open up a potentially broad path for rejecting all sorts of bad (mostly software) patents by deciding that the Supreme Court's Bilski ruling might not have been so narrow after all.
Righthaven CEO Steve Gibson Brushes Aside Fair Use Setbacks http://paidcontent.org/article/419-righthaven-ceo-steve-gibson-brushes-aside-fair-use-setbacks/
Zynga targeted in patent infringement lawsuit http://news.cnet.com/8301-31001_3-20093473-261/zynga-targeted-in-patent-infringement-lawsuit/
Agincourt, which focuses on the social-gaming space, said it "owns foundational patents that claim priority back to 1996 and cover the processes for credits-based online gaming and a prize redemption system based on the outcome of game play. "
Court Lifts Injunction on Galaxy Sales http://online.wsj.com/article/SB10001424053111903480904576512122898305378.html
A German court partly lifted a preliminary injunction barring Samsung Electronics Co. from selling its Galaxy Tab 10. 1 tablet computer in most of the European Union.
HTC Sues Apple (Again) for Patent Infringement http://www.pcmag.com/article2/0,2817,2391192,00.asp
HTC sued Apple again this week in a Delaware district court for infringing on several patents that cover Apple's entire product line. In its filing, HTC mentions everything from Apple's Mac computers, iPhones and iPads to Apple TV, AirPort and Time Capsule, and the iPod.
High tech’s patented self-serving maneuvers http://www.washingtonpost.com/steven-pearlstein-high-techs-patented-self-serving-maneuvers/2011/08/16/gIQAfmO6RJ_story_1.html
Microsoft's Android patent claims get tested Monday http://news.cnet.com/8301-10805_3-20094729-75/microsofts-android-patent-claims-get-tested-monday/?part=rss&subj=news&tag=2547-1_3-0-20
The first test of Microsoft's claims that device makers running Google's Android mobile operating system have infringed on its patents comes Monday.
Judge Dismisses Google's Complaint in Android Lawsuit http://redmondmag.com/articles/2011/08/18/judge-dismisses-google-complaint.aspx
Google's attempt to disqualify an expert witness in a legal dispute between Microsoft and Motorola over Android use was rebuffed by the judge this week.
Samsung cites Kubrick’s ’2001′ as legal defense in Apple patent battle http://venturebeat.com/2011/08/23/samsung-kubrick-2001-apple-patent-war/
When Are Patents Obvious? http://www.juliansanchez.com/2011/08/15/when-are-patents-obvious/
Speaking of software patents http://opensource.com/law/11/8/speaking-software-patents
In the last few days there have been signs of life in the debate, with reports in the mainstream media focusing on criticisms of software patents. From The Economist: "At a time when our future affluence depends so heavily on innovation, we have drifted toward a patent regime that not only fails to fulfil its justifying function, to incentivise innovation, but actively impedes innovation. "
RIAA Files Expected Appeal Over Judge's Decision To Decrease Jury Award In Jammie Thomas Trial http://www.techdirt.com/articles/20110822/12384515619/riaa-files-expected-appeal-over-judges-decision-to-decrease-jury-award-jammie-thomas-trial.shtml
The RIAA's war against reasonableness continues. As totally and completely expected after Judge Michael David reduced the jury award against Jammie Thomas-Rasset from $80,000 per song shared to a still ridiculous $2,250 per song shared, the RIAA has now appealed the case to the Eighth Circuit appeals court.
Microsoft Says Motorola’s Android Phones Infringe Its Patents http://www.bloomberg.com/news/2011-08-22/microsoft-says-motorola-s-android-phones-infringe-its-patents.html
MP3tunes Wins Copyright Case Against EMI, For The Most Part http://paidcontent.org/article/419-mp3tunes-wins-on-dmca-but-founder-robertson-may-take-a-hit/
Federal Circuit Rules Beauregard Claims are Unpatentable http://inventivestep.net/2011/08/22/federal-circuit-rules-beauregard-claims-are-unpatentable/
Last week in Cybersource Corp. v. Retail Decisions, Inc. , the Federal Circuit panel of Judges Bryson, Dyk, and Prost overruled a large amount of precedent in holding that claims to computer-readable media are directed to non-patentable subject matter if the media contain code for methods that themselves are non-patentable subject matter.
Google Takes on Lodsys Patents at USPTO http://www.patentspostgrant.com/lang/en/2011/08/google-takes-on-lodsys-at-uspto#more-6751
Late Friday, Google announced that it had filed inter partes patent reexamination requests against two of the now infamous Lodsys patents, 7,222,078, and 7,620,565.
PGA TOUR Builds Mission-Critical Media Asset Management System on Red Hat Enterprise Linux http://www.redhat.com/about/news/prarchive/2011/PGA-TOUR-Builds-Mission-Critical-Media-Asset-Management-System-on-Red-Hat-Enterprise-Linux
After initiating the migration of its servers to Red Hat Enterprise Linux, PGA Tour Entertainment, a division of PGA TOUR that produces programming both internally for PGA TOUR and externally for the Golf Channel, CBS, NBC and other network and cable outlets, chose to partner with Red Hat on an addition critical technology program.
Longterm kernel proposal signals ongoing Linux growth http://www.linuxtoday.com/developer/2011081700341OPKN
The proposal is simple, on the surface and all the way down: Currently, the 2. 6. 32 kernel is maintained as a longterm kernel, a kernel release that is maintained as a stable release with bug fixes and patches for a relatively lengthy period of time.
Open Source Business Intelligence Heats Up http://www.enterpriseappstoday.com/business-intelligence/open-source-business-intelligence.html
Open source business intelligence is growing faster than the rest of the BI market, according to a recent study.
LinuxCon: Linux Compliance Hits Milestone with SPDX 1.0 http://www.linuxplanet.com/news/linux-compliance-hits-milestone-with-spdx-1.0.html
Zemlin explained that SPDX is a metadata standard and vendors will self certify against the standard. He added that the Linux Foundation will however make sure that SPDX is being used properly. Zemlin noted that the 1. 0 milestone required time and effort to get right as all the various stakeholder worked on it to make sure it was complete.
#LinuxCon: HP kills WebOS after Keynote http://www.internetnews.com/blog/skerner/linuxcon-hp-kills-webos-after-keynote.html
After Robb's presentation, I went for lunch and when I came back, the news hit the HP is kiling the TouchPad and WebOS.
Red Hat CEO: Google, Facebook owe it all to Linux, open source http://www.zdnet.com/blog/open-source/red-hat-ceo-google-facebook-owe-it-all-to-linux-open-source/9414
Should Google Buy HP's PC Business? http://www.linuxjournal.com/content/should-google-buy-hps-pc-business
It would be way cool if Somebody Big stepped up for Linux, and took over the PC bus that's coasting along in the slow lane while Apple rockets by in an aluminum-anodized blur. Who might that be? There's only one possibility: Google.
Choosing sides in the cloud game http://www.itworld.com/cloud-computing/195385/choosing-sides-cloud-game
Canonical has softly announced it would be offering the Cloud Foundry Platform as a Service (PaaS) tool in Ubuntu 11. 10, a move that marks a noted preference away from a similar offering from Red Hat.
Benefits of the Open Source Software Market Identified http://www.sciencedaily.com/releases/2011/08/110816144041.htm
Commercial open source software (COSS) products, which are privately developed software based on publicly available source code, represent a rapidly growing, multi-billion dollar market.
Google gets discounted Droids http://blogs.the451group.com/techdeals/open-source/google-gets-discounted-droids/
Non-profit Group Releases Open Source Mesh WiFi Network Software http://hothardware.com/News/Nonprofit-Group-Releases-Open-Source-WiFi-Software/
The software is based on the not-yet-ratified IEEE 802. 11s, an extension to the 802. 11 WiFi standard. 11s creates wireless "mesh" networks. Ratification is expected to happen by Q4 2011. 11s allows multiple wireless devices to connect with each other without having a hardware access point between them and to "multi-hop" to reach nodes that would otherwise be out of range.
$80 Android Phone Sells Like Hotcakes in Kenya, the World Next? http://singularityhub.com/2011/08/16/80-android-phone-sells-like-hotcakes-in-kenya-the-world-next/
It seems like just yesterday when only the slickest kid on the block had a smartphone, but now, this revolutionary gadget is selling like hotcakes in the developing world.
MIT Launches Center for Mobile Learning with Support From Google http://www.readwriteweb.com/archives/mit_launches_center_for_mobile_learning_with_suppo.php
App Inventor was a Google Labs project that was discontinued last week, but Google open-sourced the code. The MIT Center for Mobile Learning's adoption of the code comes as a relief to fans of App Inventor, many of whom worried that no one would step up to carry on its development.
HP: ‘We are not walking away from webOS;’ exclusive details from inside http://thisismynext.com/2011/08/18/hp-not-walking-away-webos-exclusive-details/
ARM'ing Linux http://www.datamation.com/open-source/arming-linux.html
A Look at Oregon State University's Open Source Lab http://www.linux.com/news/enterprise/biz-enterprise/486133-a-look-at-oregon-state-universitys-open-source-lab
One of the key themes at LinuxCon North America 2011 is the ubiquity of Linux. Many people use Linux in many ways, often totally unaware that they're depending on Linux. Likewise, those of us in the open source community depend heavily on Oregon State University's Open Source Labs (OSUOSL), but may not even realize just how much.
Open hardware, or open source hardware? http://blogs.computerworlduk.com/commons-law/2011/08/open-hardware-or-open-source-hardware/
Open source hardware almost inevitably relies on open hardware: for example, you can have all the specs to a simple integrated circuit like a 555 timer, but you don't need to have the information necessary to build one.
Android GPLv2 termination worries: one more reason to upgrade to GPLv3 http://www.fsf.org/news/android-termination-upgrade-gplv3
GPLv3 has improved termination provisions to codify this approach, giving developers one more reason to upgrade.
Mozilla Launches WebAPI Effort to Free Apps from Vendor Chains http://www.readwriteweb.com/hack/2011/08/mozilla-launches-webapi-effort.php
The WebAPI is part of Mozilla putting serious effort into mobile devices through its Boot to Gecko (B2G) initiative.
Microsoft teams with China’s top Linux vendor in the cloud http://geekwire.us2.list-manage.com/track/click?u=7d9669cf206fb932dea38e25e&id=bcbe3b6a04&e=c31e96422a
Microsoft and China Standard Software Co. plan to work together develop and sell cloud cloud computing technologies in the country. The companies announced the agreement last night.
Android foes still beating GPL non-compliance drum http://www.itworld.com/mobile-wireless/193751/android-foes-still-beating-gpl-non-compliance-drum
Are Linux Users Smarter or is Everyone Else Just Lazy? http://www.datamation.com/open-source/are-linux-users-smarter-or-is-everyone-else-just-lazy-1.html
Linux snickers at Microsoft's victory declaration http://www.zdnet.com/blog/open-source/linux-snickers-at-microsofts-victory-declaration/9405
How Linux mastered Wall Street http://www.itworld.com/open-source/193823/how-linux-mastered-wall-street
openSUSE Edu Li-f-e 11.4 update release announcement http://news.opensuse.org/2011/08/15/opensuse-edu-li-f-e-11-4-update-release-announcement/
Linux 3.0.2 Released http://article.gmane.org/gmane.linux.kernel/1179861
Is the Linux Desktop "On Par" With Mac and Windows? No Way! http://www.linux.com/learn/tutorials/483462-is-the-linux-desktop-qon-parq-with-mac-and-windows-no-way
Mozilla Unleashes Firefox 6 http://www.datamation.com/open-source/mozilla-unleashes-firefox-6.html
Debian Community celebrates its 18th birthday http://lists.debian.org/debian-news/2011/msg00042.html
LinuxCon : Sessions You Don't Want to Miss http://www.internetnews.com/blog/skerner/linuxcon-sessions-you-dont-want-to-miss.html
The GNOME 3 Meltdown http://www.datamation.com/open-source/the-gnome-3-meltdown.html
Kernel Log: Coming in 3.1 - Part 1 - Networking http://www.h-online.com/open/features/Kernel-Log-Coming-in-3-1-Part-1-Networking-1323463.html
Open Source - Open Cloud? http://blogs.computerworlduk.com/si-and-tech-insights/2011/08/open-source---open-cloud/index.htm
Mobile Malware Increases Chances of Infection in Android http://www.unixmen.com/linux-tutorials/linux-distributions/android-tutorials/1859-mobile-malware-increases-chances-of-in
LinuxCon: Red Hat CEO : What's Next for Linux? I don't know http://www.datamation.com/open-source/red-hat-ceo-linux-isnt-just-about-technology.html
Wind River Linux 4 Updates for Embedded Graphics http://www.datamation.com/open-source/wind-river-linux-4-updates-for-embedded-graphics.html
Red Hat Revs up Virtualization, Without Windows http://www.serverwatch.com/news/article.php/3938671/Red-Hat-Revs-up-Virtualization-Without-Windows.htm
LinuxCon: Will Android Fork Rejoin Linux Mainline? http://www.enterprisemobiletoday.com/features/article.php/3938726/Will-Android-Fork-Rejoin-Linux-Mainline.htm
Red Hat CEO: We Won't Make Money From PaaS for Years http://www.serverwatch.com/news/article.php/3938736/Red-Hat-CEO-We-Wont-Make-Money-From-PaaS-for-Years.htm
LinuxCon: Red Hat CEO thinks the desktop is becoming a legacy application http://www.zdnet.com/blog/open-source/red-hat-ceo-thinks-the-desktop-is-becoming-a-legacy-application/9434
IBM's Irving Wladawsky-Berger sings the praises of Linux http://www.v3.co.uk/v3-uk/news/2102944/ibms-irving-wladawsky-berger-sings-praises-linux
LinuxCon: A Look at the Changing Linux Landscape http://www.readwriteweb.com/enterprise/2011/08/a-look-at-the-changing-linux-l.php
Patent Battles (audio) http://www.kqed.org/a/forum/R201108170900
Linux at 20, some personal memories http://liw.fi/linux20/
LinuxCon: Open Source is an Ecosystem, not a Zero Sum Game http://techcrunch.com/2011/08/21/linuxcon-open-source-is-an-ecosystem-not-a-zero-sum-game/
GridOS a new Android based OS http://www.itrunsonlinux.com/news/175-gridos-a-new-android-based-os
Linux Desktop Flamewars: Is the News Media Too Negative? http://lxer.com/module/newswire/view/154953/
Is Red Hat Interested in the Database Market? http://www.datamation.com/open-source/is-red-hat-interested-in-the-database-market.html
The GNOME 2 Fork ‘Mate’ http://www.omgubuntu.co.uk/2011/08/gnome-2-forked/
Linux 3.1 rc3 http://article.gmane.org/gmane.linux.kernel/1182531
Motorola's Influence Wanes as Android's Share Strengthens http://www.pcmag.com/article2/0,2817,2391575,00.asp
More API Copyright Nonsense http://people.gnome.org/~michael/blog/2010-10-29-api-copyright.html
SIGGRAPH keynote review: Cory Doctorow discusses copyright laws http://tech.icrontic.com/articles/siggraph-keynote-review-cory-doctorow-discusses-copyright-laws/
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