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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)
Apparently kernel.org servers were hacked a few weeks ago. One of the article discusses how kernel patches are hashed so any changes can be determined. A fair bit of press on the new Samsung Galaxy Note.
Next week is the official launch of the Open Technology Foundation in Sydney: http://www.katelundy.com.au/2011/08/31/launching-the-open-technology-foundation-with-dr-terry-cutler/
For those of you interested in three strikes and ISP liability in AU, I have written a couple of draft articles arguing that important authorities cited in Moorhouse do not support the propositions for which they have been cited. In a second article I argue that the court's approach to the meaning of "relationship" is also not correct.
Details here: http://brendanscott.wordpress.com/2011/09/01/iinet-the-history-of-authorization-and-sanction-approve-countenance/
>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
Open Source for America Awards http://opensourceforamerica.org/awards/
Australia's Defence Department in OpenOffice.org trial http://delimiter.com.au/2011/08/29/defence-conducts-openoffice-org-trial
According to iTNews (click here for the full story), the initiative was kicked off by Defence chief technology officer Matt Yannopoulos over the past year. However, it does not appear likely the initiative will immediately broaden into a wider rollout at Defence, with Yannopoulos noting it would be a major decision for the department, which has long been a Microsoft shop.
No Copyright Law: The Real Reason for Germany's Industrial Expansion? http://www.spiegel.de/international/zeitgeist/0,1518,710976,00.html
Did Germany experience rapid industrial expansion in the 19th century due to an absence of copyright law? A German historian argues that the massive proliferation of books, and thus knowledge, laid the foundation for the country's industrial might.
The Problem with Medical Patents http://novasci.org/2010/11/the-problem-with-medical-patents/
Agency May Have Violated Law With Microsoft Contract, Judge Says http://www.bloomberg.com/news/2011-09-01/agency-may-have-violated-law-with-microsoft-e-mail-contract-judge-says.html
FFII-se reply to swedish justice department on unitary-patent-court. http://bosson.blogspot.com/2011/09/ffii-se-reply-to-swedish-justice.html
The Swedish Association for a Free Information Infrastructure,FFII, has interest in innovation and growth in software. We are therefore pleased to be consulted on a new patent court.
Wi-LAN and Openwave File Patent Infringement Suits against Apple http://www.patentlyapple.com/patently-apple/2011/09/wi-lan-and-openwave-file-patent-infringement-suits-against-apple.html
Openware's CEO stated in a press release that "Openwave invented technologies that became foundational to the mobile Internet" and believes that large companies like Apple should pay them for the use of their technologies.
Microsoft weighs in on Mosaid-Nokia patent deal http://www.zdnet.com/blog/microsoft/microsoft-weighs-in-on-mosaid-nokia-patent-deal/10523
Google Chairman Eric Schmidt Weighs In On Patent Issues: They’re ‘Terrible’ http://techcrunch.com/2011/09/01/google-chairman-eric-schmidt-weighs-in-on-patent-issues-theyre-terrible/
Super Troll Lodsys Stalks Blackberry App Developers http://paidcontent.org/article/419-super-troll-lodsys-stalks-blackberry-app-developers/
Obama and the Smartphone Wars http://online.wsj.com/article/SB10001424053111903327904576526130093390612.html
Patent litigation is a game created by government, and constructively so. But the game appears to be getting out of whack in the smartphone patent wars.
Software patents considered really harmful http://news.ycombinator.com/item?id=2948724
Almost no one in the industry comes up with innovative solutions to problems by reading software patents from the last 20 years. They do it by implementing their own solutions or improving existing solutions.
Study of the Reversal Rates of Technically Trained Judges in Patent Claim Construction http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1595044
Surprisingly, the collected data does not support the generally accepted premise that technically trained judges are better at claim construction than their non-technically trained peers.
BitTorrent users don't "act in concert," so judge slashes mass P2P case http://arstechnica.com/tech-policy/news/2011/08/bittorrent-users-dont-act-in-concert-so-judge-slashes-mass-p2p-case.ars
Steele Hansmeier, the antipiracy law firm that has been routinely hammered by judges in Illinois, is now getting hammered by judges in California.
Samsung Galaxy Note (hands-on) http://news.cnet.com/8301-30685_3-20100730-264/samsung-galaxy-note-hands-on/
I tried the device today and came away more impressed than I thought I'd be. The Galaxy Note has a nice screen, a fast dual-core processor, and works as an ordinary smartphone. I don't think it'll be a mainstream hit, but a certain niche might enjoy it.
Samsung Unveils Galaxy Tab 7.7 Android Honeycomb Tablet http://www.pcworld.com/article/239322/samsung_unveils_galaxy_tab_77_android_honeycomb_tablet.html
Sony bets on quality with S and P Android Tablets http://reviews.cnet.com/8301-19736_7-20099554-251/sony-bets-on-quality-with-s-and-p-android-tablets/
Sony is one of the last major manufacturers to jump into the tablet wars, but at least it's arriving in style. Today, Sony published all the details surrounding its two planned Android 3. 1 tablets, originally codenamed S1 and S2.
Citrix CloudStack Shifts to Single GPLv3 Flavor http://www.itworld.com/cloud-computing/198035/citrix-cloudstack-shifts-single-gplv3-flavor
Just under 50 days after their acquisition of IaaS provider Cloud. com, Citrix has announced at VMworld today a new release of CloudStack, a release that will be completely open sourced.
HP's webOS may yet live (but probably not with HP) http://www.itworld.com/mobile-wireless/198121/hps-webos-may-yet-live-probably-not-hp
Maybe all those people buying up $99 TouchPads since HP announced it was killing off its webOS mobile software business are getting more than they bargained for.
The People Shaping the Future of Linux http://www.linux.com/news/featured-blogs/185-jennifer-cloer/490414-the-people-shaping-the-future-of-linux
We recently announced the winners of the first-ever Linux Foundaiton Linux Training Scholarship Program. During the month of September, we'll be sharing their stories with you.
Security breach on kernel.org http://www.kernel.org
Earlier this month, a number of servers in the kernel. org infrastructure were compromised. We discovered this August 28th. While we currently believe that the source code repositories were unaffected, we are in the process of verifying this and taking steps to enhance security across the kernel. org infrastructure.
Red Hat goes for OpenStack's community jugular http://www.itworld.com/cloud-computing/198387/red-hat-goes-openstacks-community-jugular
Red Hat has chosen to announce its new cloud management software Aeolus with a fresh spin of being more community-oriented than Aeolus' competitor, OpenStack.
Gluster Founder Details Data Management Strategy http://www.infostor.com/storage-management/gluster-founder-details-data-management-strategy.html
Overall the use case for Gluster in Periasamy's view, is to solve storage problems that people have been grappling with for years. Perisamy said that companies are asking for a Google-style storage approach where a scale-out filesystem is needed that can run on commodity hardware.
Intel pulls MeeGo plug? http://www.itworld.com/mobile-wireless/199679/intel-pulls-meego-plug
Intel may be pulling out of MeeGo development, if rumors coming out of Taiwan this morning are true. If that's the case, this will be the second Linux-based mobile platform dropped by its primary corporate sponsor in less than a month's time.
Why a $25 PC? Because it's the price of a textbook http://www.geek.com/articles/chips/why-a-25-pc-because-its-the-price-of-a-textbook-2011091/
It’s an Android future, with or without Google: Android Fragmentation http://thenextweb.com/google/2011/09/04/its-an-android-future-with-or-without-google
Samsung Presses Ahead on Android http://online.wsj.com/article/SB10001424053111904716604576543402188323480.html
Samsung Electronics Co. has shrugged off early court losses in patent disputes with Apple Inc. , apparently confident that it will be able to navigate around them.
Apple Cries About Samsung and Motorola's Patent "Monopoly" http://www.dailytech.com/Apple+Cries+About+Samsung+and+Motorolas+Patent+Monopoly/article22586.htm
Meanwhile Apple is trying to ban Android smart phones and tablets from the market with lawsuits.
The cracking of kernel.org http://www.linuxfoundation.org/news-media/blogs/browse/2011/08/cracking-kernelorg
Mobile patent wars and Linux in context http://opensource.com/law/11/8/mobile-patent-wars-and-linux-context?sc_cid=70160000000IDmjAAG
HP plans one last production run for the TouchPad http://www.google.com/hostednews/afp/article/ALeqM5jI1t_MVQhk47Z20IF9nF2kfCslIQ?docId=CNG.9e34c99182f5659a398b65217766ca17.bc1
"Since we announced the price drop, the number of inquiries about the product and the speed at which it disappeared from inventory has been stunning," HP said in a blog post on Tuesday. "Despite announcing an end to manufacturing webOS hardware, we have decided to produce one last run of TouchPads to meet unfulfilled demand," HP said.
How Free Software Contributed to the Success of Steve Jobs and Apple http://radar.oreilly.com/2011/08/how-free-software-contributed.html
Red Hat's biggest enemy? VMware http://www.zdnet.com/blog/open-source/red-hats-biggest-enemy-vmware/9468
Linux 3.0.4 http://article.gmane.org/gmane.linux.kernel/1185664
VMware Expands vFabric with Postgres Database http://www.databasejournal.com/features/postgresql/vmware-vfabric-postgres-database.html
Firefox 6: A Firefox too far? (Review) http://www.zdnet.com/blog/networking/firefox-6-a-firefox-too-far-review/1380
Red Hat Enterprise Linux 7 Begins to Take Shape http://www.datamation.com/open-source/red-hat-enterprise-linux-7-begins-to-take-shape.html
As Linux Moves Into a New Decade, Companies Look for Linux Talent http://www.linux.com/news/featured-blogs/185-jennifer-cloer/489800-as-linux-moves-into-a-new-decade-companies-look-for-l
Open source is illegal? http://opensource.com/government/11/8/open-source-illegal
SCO Loses Again, Original Verdict Upheld http://www.internetnews.com/blog/skerner/sco-loses-again-original-verdict-upheld.html
Can Linux Compete in Tablets? http://www.datamation.com/open-source/can-linux-compete-in-tablets-1.html
Linux at 20: New Challenges, New Opportunities http://www.infoworld.com/d/open-source-software/linux-20-new-challenges-new-opportunities-170959
Don’t be an idiot http://larrythefreesoftwareguy.wordpress.com/2011/08/31/dont-be-an-idiot/
Chromebooks Live! http://www.zdnet.com/blog/networking/chromebooks-live/1401
Will Solaris 11 Debut at Oracle OpenWorld 2011? http://www.datamation.com/blog/will-solaris-11-debut-at-oracle-openworld-2011.html
Appsfire Announces Open Source UDID Replacement For iOS: OpenUDI http://techcrunch.com/2011/09/01/appsfire-announces-open-source-udid-replacement-for-ios-openudid/
James Gosling Leaves Google - Can He Come to JavaOne Now? http://blog.devx.com/2011/09/james-gossling-leaves-google--.html
GPLv3 is not enough to protect our constitutional communication rights http://www.telematicsfreedom.org/en/2011/09/01/gplv3-great-promote-open-innovation-not-enough-protect-our-constitutional-communication-r
Why is Google Chrome OS ready for Prime Time http://garron.me/linux/chrome-os-chromebook-ready-prime-time.html
We won and we didn't notice - a conversation with Jeremy Allison of Samba http://www.h-online.com/open/features/We-won-and-we-didn-t-notice-a-conversation-with-Jeremy-Allison-of-Samba-1334992.html
Samsung Electronics Would ‘Never’ Pursue Purchase of WebOS, Says CEO Choi http://www.bloomberg.com/news/2011-09-02/samsung-electronics-says-it-won-t-pursue-hp-s-webos.html
Google Defends Against Oracle Copyright Case http://www.courthousenews.com/2011/08/31/39433.htm
Red Hat Expands Customer Involvement in Red Hat Enterprise Linux 7 Development http://www.redhat.com/about/news/prarchive/2011/Red-Hat-Expands-Customer-Involvement-in-Red-Hat-Enterprise-Linux-7-development
Mozilla unveils new Firefox for Tablets with improved user Interface http://www.browsomatic.com/2011/08/mozilla-unveils-new-firefox-for-tablets.html
Google: Have They Just Been Very Clever Indeed Over Motorola Mobility? http://www.forbes.com/sites/timworstall/2011/08/31/google-have-they-just-been-very-clever-indeed-over-motorola-mobility/
Default to open: The story of open source and Red Hat http://www.youtube.com/watch?v=vhYMRtqvMg8
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