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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)
Last week's news today! I was away in the week of the 14th. This is part of the catching up. The main IP news (which has been a little down) this week is the up and coming SOPA Act in the US. This Act is intended to allow companies alleging infringement to bypass normal judicial procedure in respect of their targets. There are also a few more stories about the retirement of Adobe's Flex.
At the OSDC conference dinner Jon Oxer had a really interesting talk about 3D printers. One striking example he gave was in relation to assault rifles in the US. Apparently the sale of these guns is regulated by controlling a certain part called the "lower receiver". All other parts can be obtained anonymously through mail order, except for this one lower receiver part. You might have guessed it, people are now printing functional lower receivers on their own 3D printers bypassing the regulation.
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
Novell-Microsoft trial at critical juncture http://www.sltrib.com/sltrib/money/52939617-79/novell-microsoft-gates-trial.html.csp
Novell had purchased WordPerfect and other software programs in 1994 in order to compete head-to-head with Microsoft. It claims Gates’ decision to withdraw the previously promoted features of Windows 95 was meant to try to give Microsoft time to develop its own programs such as Word and the spreadsheet Excel and, ultimately, to help it maintain its monopoly in computer operating systems.
Piracy bill could waylay FLOSS projects http://www.itworld.com/security/223845/piracy-bill-could-waylay-floss-projects
A copyright holder need only accuse a website of infringement, and the search engine, advertisement, and payment system would be cut off in five days. The DNS filtering would still need the involvement of the Department of Justice to get that court order, but again, there would be no need to prove anything to obtain such an order from a judge.
Barnes & Noble reveals Microsoft's Android patents in detail http://www.groklaw.net/article.php?story=2011111122291296
Barnes & Noble has done the world a tremendous favor, by pulling aside the curtain and revealing Microsoft's patent campaign tactics against Android in lurid detail.
GPL upheld in Berlin case http://www.itwire.com/opinion-and-analysis/open-sauce/51095-gpl-upheld-in-berlin-case
A manufacturer of DSL routers has lost a case against a maker of web-filtering software in a Berlin court. The case revolved around the GNU General Public Licence.
Patent Misuse - Exploring the Basics http://ipwatchdog.com/2011/11/18/patent-misuse-exploring-the-basics/
Once a patent infringement suit is initiated, the alleged infringer, in order to successfully rely upon the patent misuse defense, must “show that the patentee has impermissibly broadened the ‘physical or temporal scope’ of the patent grant with anticompetitive effect. ”
Samsung’s 10.1N Apple-sidestep slate gets German fondle http://www.slashgear.com/samsungs-10-1n-apple-sidestep-slate-gets-german-fondle-18196520/
The big difference is the bezel: Apple claimed that part of the iPad’s distinctive appearance was the edge-to-edge glass and minimal metal seen around it. Samsung has thickened the metal section on two of the edges, as well as pivot the stereo speakers around to face more forward than sideways.
Tech Giants Weigh in On USPTO Post Grant Rule Making Effort http://www.patentspostgrant.com/lang/en/2011/11/tech-giants-weigh-in-on-post-grant-rule-making
As a practical matter, the new thresholds should not necessarily produce a higher rejection rate than that which resulted under the “substantial new question” threshold for inter partes reexamination. Although some have described the new thresholds as “elevated,”^ the difference is one of kind and not of degree.
NETGEAR Expands Entry-Level Network Attached Storage (Linux-powered) http://www.smallbusinesscomputing.com/News/Storage/netgear-expands-entry-level-network-attached-storage-.html
The ReadyNAS Duo and NV v2 boxes both now include the ReadyNAS Remote mobile app that runs on Apple iOS as well as Android to deliver secure remote access.
Aruba Advances Instant Enterprise WLAN (Linux-powered) http://www.wi-fiplanet.com/news/aruba-advances-instant-enterprise-wlan.html
Aruba Instant is a controller-less architecture for WLAN, enabling enterprises both large and small to more rapidly deploy wireless networks.
Fingerprint recognition firmware released, including an open source 'extractor' package http://www.linuxfordevices.com/c/a/News/DigitalPersona-FingerJet-OEM-and-FingerJetFX-OSE/
DigitalPersona is shipping Linux- and Android-ready fingerprint recognition software for biometric and mobile device manufacturers.
Open Source WYSIWYG Visual Editor for UI Mockups http://www.webappers.com/2011/11/15/open-source-wysiwyg-visual-editor-for-ui-mockups/
Maqetta is an open source project that provides WYSIWYG visual authoring of HTML5 user interfaces. The Maqetta application itself is authored in HTML, and therefore runs in the browser without requiring additional plugins or downloads
Nook Tablet Review (Video): Editor’s Choice http://www.gottabemobile.com/2011/11/17/nook-tablet-review/
This week the Bookseller released an update to that device: the Nook Tablet. This $249 slate still doesn’t have camera, GPS or Bluetooth. It does have a dual-core processor, a lighter case and better software. Oh, and it’s a media tablet now.
All bets off as Flex put out to pasture http://www.zdnet.com.au/all-bets-off-as-flex-put-out-to-pasture-339326102.htm?feed=rss
The product's governance will be moved from Adobe to an unspecified open-source foundation; the project's leaders will include some of the Flex SDK engineering team, along with developers from the Flex community; Adobe will contribute to Flex, but the guidance of the project rests in the new governance committee; the roadmap has been torn up, with the new committee to decide the framework's direction.
Five years of open-source Java: Freedom isn't (quite) free http://www.theregister.co.uk/2011/11/13/open_sourcing_java_five_year_anniversary/
Java co-creator James Gosling certainly thinks so - although he didn't seem entirely open to the idea in the early days. Gosling told The Reg that putting Java under the GPL has helped unify what was a fractured community while making the code freely available has helped uptake from a grassroots up.
So Oracle - Are you Supporting Linux or Unix? http://www.internetnews.com/blog/skerner/so-oracle-are-you-supporting-linux-or-unix-.html
Oracle is in an interesting position. It is now a supporter of both Linux and Unix with their own Oracle Enterprise Linux and Solaris Unix operating systems. This past week, Oracle released Solaris 11 their first official Unix release and it made me wonder if the new Solaris is changing Oracle's position on Linux.
15+HTML5 Video Player Open Source Download http://www.freshdesignweb.com/html5-video-player-open-source-code.html
In addition to having a built-in player, browsers also give website developers access to the video functionality through a jQuery API. This allows developers to build custom video player controls or other interfaces, that utilize the browser’s core video functionality html5 video controls
Red Hat Expands OpenShift PaaS for Cloud Development http://www.serverwatch.com/server-news/red-hat-expands-openshift.html
When it comes to the cloud, simply using the cloud for deployment isn't always enough. The cloud can also be used for application development as well, which is the direction that Red Hat's OpenShift Platform-as-a-Service (PaaS) offering is now going.
The Linux Foundation Announces Four New Members from Around the Globe http://www.linuxfoundation.org/news-media/announcements/2011/11/linux-foundation-announces-four-new-members-around-globe
The Linux Foundation, the nonprofit organization dedicated to accelerating the growth of Linux, today announced that four companies are joining the organization: DENSO Corporation, Integrated Computer Solutions (ICS), ProFUSION Embedded Systems and Savoir-Faire Linux.
Network Infrastructure Startup Vyatta Raises $12M http://techcrunch.com/2011/11/15/network-infrastructure-startup-vyatta-raises-12m/
Network infrastructure startup Vyatta has raised $12 million in new funding led by HighBAR Partners with JPMorgan, Arrowpath Venture Partners and Citrix Systems participating. This brings Vyatta’s total funding to more than $45 million.
Big Data Attracts Big Money http://www.enterpriseappstoday.com/business-intelligence/big-data-attracts-big-money.html
"What is driving this market is the change in the shape of the largest datasets that businesses of all sizes are going to use," Artale said. "In the past, data was rows and columns, things that were akin to spreadsheets, names, addresses and records for sales. Now the shape of the data is so much different. "
60 Days as a Linux user by a recovering Windows Guy. http://www.misfitgeek.com/2011/11/60-days-as-a-linux-user/
It’s been my primary machine since I started at Mozilla two months ago and I have to say that I’m surprised at how painless the transition has been. I have not HAD to use my Windows box for ANYTHING in that 60 days.
Android activations reach 200 million http://www.tgdaily.com/mobility-brief/59734-android-activations-reach-200-million
The number of Android devices that have been activated has doubled in just six months.
Motorola Mobility Shareholders Approve Google Acquisition http://www.pcworld.com/article/244206/motorola_mobility_shareholders_approve_google_acquisition.html
Motorola Mobility said Thursday that its shareholders voted overwhelmingly in favor of the proposed acquisition of the company by Google.
Evolution of the Linux kernel source code tarball size http://www.linuxtoday.com/developer/2011111401041OSKN
Apache Mahout: Scalable machine learning for everyone http://www.ibm.com/developerworks/java/library/j-mahout-scaling/
Linux 3.2 rc2 http://article.gmane.org/gmane.linux.kernel/1215747
Where Linux crushes Windows likes a bug: Supercomputers http://www.zdnet.com/blog/open-source/where-linux-crushes-windows-likes-a-bug-supercomputers/9890
Ubuntu's Tablet Ambition: Doomed to Fail http://www.datamation.com/open-source/ubuntu-netbooks-vs.-tablets-1.html
OpenSUSE 12.1 Gets Snappy Release http://www.serverwatch.com/server-news/opensuse-12.1-gets-snappy-release.html
Taking oVirt for a Spin http://www.eweek.com/c/a/Virtualization/Taking-oVirt-for-a-Spin-262165
Native UI for Firefox on Android http://lucasr.org/2011/11/15/native-ui-for-firefox-on-android/
Has Linux dropped off the face of the Earth? http://marcelgagne.com/content/has-linux-dropped-face-earth
Managing Live and Offline Migrations with Linux's KVM http://www.linuxtoday.com/infrastructure/2011111800541OSNT
Kernel Log: Coming in 3.2 (Part 1) - Networking http://www.h-online.com/open/features/Kernel-Log-Coming-in-3-2-Part-1-Networking-1379085.html
The Richard Stallman saga, redux http://images.salon.com/21st/feature/1998/09/11feature.html
Google’s Brin answers Wikipedia’s Wales, gives $500,000 through foundation http://www.washingtonpost.com/business/technology/googles-brin-answers-wikipedias-wales-gives-500000-through-foundation/2011/11/18/gIQAdbJAZN_story.html
Wildeboer: "Apple uses OGG speex for Siri" http://twitter.com/jwildeboer/status/136588884409716736
Rupert Goodwins on simple pleasures http://mobile.twitter.com/rupertg/status/136865258668163073
Interview with Andrew Tanenbaum http://linuxfr.org/nodes/88229/comments/1291183
Google Tells Congress: Financial Embargo Of WikiLeaks Shows How To Deal With Web Piracy http://www.forbes.com/sites/andygreenberg/2011/11/16/google-tells-congress-wikileaks-financial-embargo-shows-how-to-deal-with-web-piracy/
HP Names Activist Whitworth to Board http://www.bloomberg.com/news/2011-11-17/h-p-said-to-appoint-relational-s-whitworth-to-board.html
Top Calif. Court Backs Prop 8 Supporters, Says They Have Standing to Pursue Same-Sex Marriage Ba http://www.abajournal.com/news/article/top_calif._court_backs_prop_8_supporters_says_they_have_standing_to_pursue_/
Creative Commons at WIPO http://creativecommons.org/weblog/entry/29666
Costco Prevails in First Sale Case Thanks to Copyright Misuse http://ipwatchdog.com/2011/11/15/costco-prevails-in-first-sale-case-thanks-to-copyright-misuse/id=20449/
Artists sue CBS for providing P2P software http://www.managingip.com/Article/2936677/Managing-Copyright-Archive/Artists-sue-CBS-for-providing-P2P-software.html
Antitrust Law Basics: A Primer on Patent and Copyright Misuse http://ipwatchdog.com/2011/11/17/antitrust-law-basics-a-primer-on-patent-and-copyright-misuse/id=20458/
Rambus Loses Antitrust Case http://online.wsj.com/article/SB10001424052970203611404577042251185225334.html
Microsoft Shareholder Meeting Transcript [doc.x file] http://www.microsoft.com/investor/downloads/events/ShareholderMeeting11152011.docx
Sluggish stock price overshadows Ballmer's message at Microsoft meeting http://seattletimes.nwsource.com/html/microsoftpri0/2016783206_sluggish_stock_price_overshadows_ballmers_message.html
Look out! Here comes Apple's killer location-services patent http://news.cnet.com/8301-13579_3-57326207-37/look-out-here-comes-apples-killer-location-services-patent/
New openSUSE heads for cloud, virtual markets http://www.theregister.co.uk/2011/11/17/opensuse_cloud_virtual/
Samsung Modifies to Avoid Germany Ban http://online.wsj.com/article/SB10001424052970203699404577043091072468100.html
Why is Google in love with Bletchley Park? http://www.bbc.co.uk/news/magazine-15739984
Federico Faggin on the First 40 Years of the Microprocessor — And the Next 40 http://allthingsd.com/20111116/federico-faggin-on-the-first-40-years-of-the-microprocessor-and-the-next-40-video/
Doug Caddell on Foley & Lardner's Freedom of Computing http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202514123317&slreturn=1
Effective Use of Rule 502(d) in E-Discovery Cases http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202532376649&Effective_Use_of_Rule_d_in_EDiscovery_Cases
Opening to Win: 7 tips for delivering an effective opening statement. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202530907496&Opening_to_Win&slreturn=1
Oracle, Reed Smith Share Database Blues http://www.law.com/jsp/cc/PubArticleCC.jsp?id=1202532492325&Oracle_Reed_Smith_Share_Database_Blues
Microsoft shareholders question company's large stash of cash http://www.techflash.com/seattle/2011/11/microsoft-shareholders-question.html
Google Allows Wi-Fi Owners to Opt Out of Database http://www.nytimes.com/2011/11/16/technology/google-allows-wi-fi-owners-to-opt-out-of-database.html
Barnes & Noble subpoenas Nokia over Microsoft Android lawsuit http://www.networkworld.com/news/2011/110911-bn-nokia-mosaid-microsoft-252957.html
Barnes & Noble Blows The Lid Off Microsoft's Android Patent Squeeze http://www.networkworld.com/community/node/79179
First Amendment Expert: Stop Online Piracy Act Upholds Free Speech http://blog.mpaa.org/BlogOS/post/2011/11/10/First-Amendment-Expert-Stop-Online-Piracy-Act-Upholds-Free-Speech.aspx
Android Crushed the Smartphone Competition Last Quarter http://www.wired.com/gadgetlab/2011/11/android-dominates-q3-2011/
Ballmer shoots down Microsoft breakup advice http://www.theregister.co.uk/2011/11/15/ballmer_plans_break_up_microsoft/
DOJ: Lying on Match.com needs to be a crime http://news.cnet.com/8301-31921_3-57324779-281/doj-lying-on-match.com-needs-to-be-a-crime/
The Private and Social Costs of Patent Trolls - Study Implies "Reduced Innovation Incentives" http://www.bu.edu/law/faculty/scholarship/workingpapers/Bessen-Ford-Meurer-troll.html
When Patent, Antitrust Worlds Collide http://online.wsj.com/article/SB10001424052970203503204577036003036334374.html
Google releases source code for Ice Cream Sandwich http://news.cnet.com/8301-1035_3-57324702-94/google-releases-source-code-for-ice-cream-sandwich/
Siri knows when you're nearby http://www.cbsnews.com/8301-501465_162-57322304-501465/siri-knows-when-youre-nearby/
Oracle Pitches Solaris as ‘First Cloud OS’ http://www.wired.com/wiredenterprise/2011/11/oracle-solaris/
Private Investigator’s Notebooks Offer New Details In Phone Hacking Case http://paidcontent.org/article/419-did-the-daily-mirror-also-engage-in-phone-hacking/
Samsung Won't Block New iPhone in Korea http://english.chosun.com/site/data/html_dir/2011/11/14/2011111400678.html
Google’s Lab of Wildest Dreams http://www.nytimes.com/2011/11/14/technology/at-google-x-a-top-secret-lab-dreaming-up-the-future.html?pagewanted=all
Kindle Fire Review: Decent Tablet Despite Sacrifices http://www.foxnews.com/scitech/2011/11/14/kindle-fire-review-good-product-despite-some-sacrifices/
How the BBC's HD DRM plot was kept secret … and why http://www.guardian.co.uk/technology/2011/nov/14/bbc-hd-drm
Jay Bradner: Open-source cancer research http://www.ted.com/talks/jay_bradner_open_source_cancer_research.html
Free Tools for Getting Started with the Mighty GIMP Graphics Editor http://ostatic.com/blog/free-tools-for-getting-started-with-the-mighty-gimp-graphics-editor
The Linux Setup - Fabio Erculiani, Sabayon Linux http://www.mylinuxrig.com/post/12736797422/the-linux-setup-fabio-erculiani-sabayon-linux
Mulawa Dreaming Easy Comes to Linux http://linuxlock.blogspot.com/2011/11/mulawa-dreaming-easy-comes-to-linux.html
Gaming on Linux, Now a Reality with Desura http://news.softpedia.com/news/Gaming-on-Linux-Now-a-Reality-with-Desura-235325.shtml
TenDigits Puts Microsoft Dynamics CRM on Android Smartphones and Tablets http://www.enterpriseappstoday.com/crm/microsoft-dynamics-crm-android-smartphones-tablets.html
Google Releases Source Code for Ice Cream Sandwich and Honeycomb http://techlaze.com/2011/11/google-releases-source-code-ice-cream-sandwich/
Googler: Android antivirus software is scareware from 'charlatans' http://news.cnet.com/8301-30685_3-57327424-264/googler-android-antivirus-software-is-scareware-from-charlatans/
Steve Jobs and Larry Ellison walking on the beach in Hawaii, 1996... http://www.barnesandnoble.com/w/steve-jobs-walter-isaacson/1104099551
Copyright isn't working, says European Commission http://www.zdnet.co.uk/blogs/communication-breakdown-10000030/copyright-isnt-working-says-european-commission-10024835/
Sandia National Labs: DNS Filtering In SOPA/PIPA Won't Stop Piracy, But Will Hurt Online Securit http://www.techdirt.com/articles/20111118/03163416812/sandia-national-labs-dns-filtering-sopapipa-wont-stop-piracy-will-hurt-online-security.shtml
Free Microsoft upgrade when you threaten open source? http://blogs.computerworlduk.com/the-tony-collins-blog/2011/11/free-microsoft-if-you-threaten-to-buy-open-source/index.htm
How Pursuit of Profits Kills Innovation and the U.S. Economy http://www.forbes.com/sites/stevedenning/2011/11/18/clayton-christensen-how-pursuit-of-profits-kills-innovation-and-the-us-economy/
Deadline looms on Pakistan 'obscene' text message ban http://www.google.com/hostednews/afp/article/ALeqM5hbr3ebFQvOUdzr63UuLG7P5eeOyA?docId=CNG.ee6a64b6d6a50645a5e894c820292a98.571
What Inventors Need to Know About The New Patent Law http://blawgit.com/2011/11/01/what-inventors-need-to-know-about-the-new-patent-law/
Why I Oppose the Stop Online Piracy Act (SOPA)/E-PARASITES Act http://blog.ericgoldman.org/archives/2011/11/stop_online_pir.htm
Silver Lake Takes on the Big Fish http://online.wsj.com/article/SB10001424052970204517204577044294022306830.html?mod=googlenews_wsj
Early video of Obama surfaces from Harvard Law School era http://dailycaller.com/2011/11/17/early-video-of-obama-surfaces-from-harvard-law-school-era/#ixzz1e4IpjaNL
McElhaney Explains Why Failing the ‘Giggle Test’ Might Leave You Crying http://www.abajournal.com/news/article/mcelhaney_explains_why_failing_the_giggle_test_might_leave_you_crying/
Explainer: How Did Inequality in America Get So Bad? And What Can the Government Do to Fix It? http://www.thenation.com/article/164681/explainer-how-did-inequality-america-get-so-bad-and-what-can-government-do-fix-it
Document Trove Exposes Surveillance Methods http://online.wsj.com/article/SB10001424052970203611404577044192607407780.html?mod=googlenews_wsj
Five Reasons Why the Amazon Kindle Fire Will Light Up Enterprises http://www.zdnet.com/blog/sybase/five-reasons-why-the-amazon-kindle-fire-will-light-up-enterprises/1971
Facebook to help Congress expand online reach http://www.physorg.com/news/2011-11-facebook-congress-online.html
Judge: Novell-Microsoft trial in Utah to continue http://www.sltrib.com/sltrib/money/52948189-79/novell-microsoft-judge-trial.html.csp
Next post Tiny USB Stick Brings Android to PCs, TVs http://www.wired.com/gadgetlab/2011/11/android-cotton-candy-fxi/
IHS: $199 Kindle Fire costs only $201.70 to make http://www.techflash.com/seattle/2011/11/ihs-199-kindle-fire-costs-202-to-make.html
Apple [says it] Faces $2.7 Billion in Lost Sales in Motorola Mobility Case http://www.bloomberg.com/news/2011-11-18/apple-says-may-face-2-7-billion-loss-in-motorola-mobility-claim.html?cmpid=yhoo
Apple’s Indirectly Supporting A Bill That Could Destroy Freedom On The Interner And iTunes Match http://www.cultofmac.com/130616/apples-indirectly-supporting-a-bill-that-could-not-only-destroy-freedom-on-the-internet-and-itunes-match/
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