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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)
Remember: OSIA AGM in Canberra 14 November.
The most popular news story this week is a claim that Barnes and Noble wants the US DoJ to look into Microsoft's patent licensing practices. Apparently also Flash and Silverlight are to be canned?
Check my Posts on Authorization in AU/iiNet: 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
HTML5 Triumphant: Silverlight, Flash Both Discontinuing http://www.technologyreview.com/blog/mimssbits/27328/
You could hardly ask for a more ringing endorsement of the future of HTML5 and a Web based on open, common standards than Adobe and Microsoft's near-simultaneous leaks announcing the impending disconinuation of their respective rich media browser plug-ins, Flash and Silverlight.
Google: Microsoft uses patents when products "stop succeeding" http://arstechnica.com/tech-policy/news/2011/11/google-microsoft-uses-patents-when-products-stop-succeeding.ars
"When their products stop succeeding in the marketplace, when they get marginalized, as is happening now with Android, they use the large patent portfolio they've built up to get revenue from the success of other companies' products," he said.
Everything should be open source, says WordPress founder http://www.zdnet.com/blog/btl/everything-should-be-open-source-says-wordpress-founder/63153
“I believe morally and philosophically that not just software, but everything should be open source,” asserted Mullenweg, while speaking at the GigaOM RoadMap 2011 summit on Thursday evening.
JOURNAL: HR 2930 and Open Source Funding http://globalguerrillas.typepad.com/globalguerrillas/2011/11/hr-2930-open-source-ventures-and-crowdslaving.html
Basically, the bill eliminates most of the legal barriers (restriction on the number of investors, the type of investors, etc. ) to raising small amounts (<$2 m) of capital through the sale of equity. If it passes, it will allow entrepreneurs to bypass the entire vulture capital bottle neck (nice) and go directly to the public for its first rounds of funding.
Google and Barnes & Noble get serious about Android patent lawsuits http://www.zdnet.com/blog/open-source/google-and-barnes-noble-get-serious-about-android-patent-lawsuits/9875
When Barnes & Noble asked Microsoft for more detailed information related to these patents, Microsoft refused, claiming that the information was confidential and could not be shared unless Barnes & Noble first executed a nondisclosure agreement.” DeFelice claimed that “Microsoft’s assertion of confidentiality is simply a means to cloak its oppressive and anti-competitive licensing proposal and is another element in Microsoft’s larger scheme to restrict competition in the mobile operating systems market,”
Huawei confirms that Microsoft is chasing it for Android patent licence http://www.guardian.co.uk/technology/2011/nov/08/huawei-microsoft-android-patent-licence?newsfeed=true
"Yes, Microsoft has come to us," Xu said on Monday as the company launched a new smartphone and 7in tablet for the UK market. "We always respect the intellectual property of companies. But we have 65,000 patents worldwide too. We have enough to protect our interests. We are a very important stakeholder in Android. "
YouTube Defines Copyright ‘Red Flag’ For Court In Viacom Appeal http://paidcontent.org/article/419-youtube-defines-copyright-red-flag-for-court-in-viacom-appeal/#keep_reading
Courts have typically refused to find “red flag” knowledge and, in the MP3 case, a judge ruled there is no red flag if a website has to investigate whether or not something infringes copyright.
RIAA: Google Refused to Remove MP3 Download App http://www.pcmag.com/article2/0,2817,2396293,00.asp
Google has refused requests to remove MP3 Music Download Pro, an extremely popular Android app which allows users to download copyrighted music onto their phones, according to the RIAA.
Judge scolds Righthaven lawyer, adds another $32,000 judgment http://arstechnica.com/tech-policy/news/2011/11/judge-scolds-righthaven-lawyer-adds-another-32000-judgment.ars
Copyright troll Righthaven has once again been hit with another big bill. The case, Righthaven v. Leland Wolf, targeted the It Makes Sense Blog for allegedly posting a photograph that appeared in Righthaven client the Denver Post without its permission. The court has found in favor of the defendant and has ordered Righthaven to pony up $32,147 in attorney's fees and $1,000 in costs.
Warner Bros: we issued takedowns for files we never saw, didn't own copyright to http://arstechnica.com/tech-policy/news/2011/11/warner-admits-it-issues-takedowns-for-files-it-hasnt-looked-at.ars
In a Monday court filing, Warner Brothers admitted that it has issued takedown notices for files without looking at them first. The studio also acknowledged that it issued takedown notices for a number of URLs that its adversary, the locker site Hotfile, says were obviously not Warner Brothers' content.
Viacom, 'Decimated By Piracy,' But Its CEO Got The Biggest Raise Of Any Exec Anywhere http://www.techdirt.com/articles/20111102/04533716597/viacom-decimated-piracy-its-ceo-got-biggest-raise-any-exec-anywhere.shtml
Maybe Viacom was just so sure that it was going to win its $1 billion lawsuit against YouTube that it decided to pre-reward Dauman.
Wired.com Goes Creative Commons: 50 Great Images That Are Now Yours http://www.wired.com/rawfile/2011/11/creative-commons/
Beginning today, we’re releasing all Wired.com staff-produced photos under a Creative Commons (CC BY-NC) license and making them available in high-res format on a newly launched public Flickr stream.
Hands-on with the new Nook http://www.cbsnews.com/8301-205_162-57319887/hands-on-with-the-new-nook/
That's the message of the just-announced $249 Nook Tablet, the successor to 2010's Nook Color (which remains on the market for $199).
Barnes & Noble Unveils $249 Nook Tablet http://online.wsj.com/article/SB10001424052970204554204577023900692797964.html
But by introducing a tablet computer, which consumers can use to watch video, listen to music or surf the Web, the book retailer is entering a much more crowded market.
At long last, Mozilla Releases Lightning 1.0 Calendar http://www.internetnews.com/blog/skerner/at-long-last-mozilla-releases-lightning-1.0-calendar.html
It has been very long time since the has been a 1. 0 calendar from Mozilla, you'd have to go all the way back to the Mozilla/Netscape Suite when there was integrated mail to even come close. The 1. 0 number however isn't really about product quality though, it's about Mozilla developers drawing a line in the sand and finally declaring the milestone.
Red Hat Announces Cloud Computing Alliance with SAIC http://www.redhat.com/about/news/prarchive/2011/Red-Hat-Announces-Cloud-Computing-Alliance-with-SAIC
Red Hat, Inc. (NYSE: RHT), the world's leading provider of open source solutions, today announced a collaboration with Science Applications International Corporation (SAIC) (NYSE: SAI), to demonstrate and deliver innovative solutions that maximize the use of open source cloud computing technologies.
MongoDB - Why Does NoSQL Matter? http://www.databasejournal.com/news/mongodb-nosql.html
In recent years, the drumbeat of vendors proclaiming the ascendancy of NoSQL has become increasingly loud. One of the NoSQL vendors that is seeing business results from its NoSQL solution is 10gen, which is the lead commercial sponsor behind the open source MongoDB NoSQL database.
4 strange places to find open source http://www.itworld.com/software/221653/4-strange-places-find-open-source
Open source is about more than code: it's about unlocking all possibilities. Here are four unusual projects made possible by open source.
Rackspace Brings OpenStack to Datacenters http://www.datamation.com/cloud-computing/rackspace-brings-openstack-to-datacenters.html
In just over a year of existence, OpenStack has become a major force in the world of cloud computing. Initially OpenStack was started by Rackspace together with NASA and today has over 90 contributing member companies. The most recent OpenStack release, codenamed Diablo, was unveiled in September and includes new networking and scheduling capabilities.
Free As In Freedom: But Whose Freedom? http://www.techdirt.com/articles/20111104/08151716637/free-as-freedom-whose-freedom.shtml
As with software licenses, the question once more comes down to: whose freedom are we talking about here? The freedom for creators to decide how their creations are to be used, or the freedom of users to do with those creations as they wish? The fact that Stallman straddles this divide shows there are no easy answers.
Apache Harmony is Dead. OpenJDK Wins Open Source Java Battle. http://www.internetnews.com/blog/skerner/apache-harmony-is-dead.html
In a vote, Apache Harmony developers decided to move Harmony to the Attic, essentially shelving the project that once held the prospect of being the leading light in the open source Java world.
Leading PC makers confirm: no Windows 8 plot to lock out Linux http://www.zdnet.com/blog/bott/leading-pc-makers-confirm-no-windows-8-plot-to-lock-out-linux/4185
Debian Beckons Ubuntu Refugees to Come Home http://technorati.com/technology/article/debian-beckons-ubuntu-refugees-to-come/
Eclipse Xtends Java http://www.theregister.co.uk/2011/11/06/eclipse_extends_java/
Does Desktop Linux Need a Steve Jobs? http://www.datamation.com/open-source/does-desktop-linux-need-a-steve-jobs-1.html
How to Install XBMC Linux in 15 Minutes with OpenELEC http://mymediaexperience.com/how-to-install-xbmc-linux-in-15-minutes-with-openelec/
Unity Bliss: An Alternative Application Lens for Ubuntu http://www.omgubuntu.co.uk/2011/11/unity-bliss-an-alternative-application-lens-for-ubuntu/
Why You Should Pay Attention to Node.Js http://redmonk.com/sogrady/2010/05/13/node-js/
Linux 3.2 rc1 http://thread.gmane.org/gmane.linux.kernel/1212384
Kernel Log: Linux 3.2 main development phase complete http://www.h-online.com/open/features/Kernel-Log-Linux-3-2-main-development-phase-complete-1375016.html
Key Success Factors for Open Source Strategies http://ianskerrett.wordpress.com/2011/11/07/key-success-factors-for-open-source-strategies/
Oracle Debuts Solaris 11 http://www.serverwatch.com/server-news/oracle-debuts-solaris-11-.html
7 Years of Firefox http://blog.lizardwrangler.com/2011/11/09/7-years-of-firefox/
What Employers Want from Linux Job Seekers http://www.linuxtoday.com/it_management/2011111000441NWHL
No uTorrent for Linux by Year's End http://news.softpedia.com/news/No-uTorrent-for-Linux-by-Year-s-End-233765.shtml
German Court Rules That Free Software Can Be Modified as Users Wish http://www.pcworld.com/businesscenter/article/243607/german_court_rules_that_free_software_can_be_modified_as_users_wish.html
Apple Must Reveal Australia Mobile-Phone Contracts to Samsung, Judge Rules http://www.bloomberg.com/news/2011-11-09/apple-must-reveal-australia-mobile-phone-contracts-to-samsung-judge-rules.html
GPL violations in Android: Same arguments, different day http://www.itworld.com/mobile-wireless/222975/gpl-violations-android-same-arguments-different-day
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