Brendan Scott
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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.

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OSWALD #429 Period ending 12 December 2011

Welcome to the Open Source Law Weekly Open Source Digest (OSWALD)

Still a lot of gov related stories this week, otherwise a little slow leading up to Christmas, including a case where the US government wrongly took a site off line because of alleged IP infringement. There's a story about the Arduino in Reports also worth a look.

Check my Posts on Authorization in AU/iiNet:

*From my blog:

Verbatim distribution with attribution ok.

Other distribution - email me.



Brendan Scott

Open Source Law

***** Open Standards/ODF

Apple using patents to undermine open standards again

This time they have four claims - three patents and one patent application - that threaten to block the W3C Touch Events Specification. They filed their patent claims a little over a month before the time limit expired (the claim was filed on November 11, and the time limit is December 26, 2011).

***** Off Topic

Microsoft: We Can Remotely Delete Windows 8 Apps

"If the Windows Store, an app, or any content is changed or discontinued, your data could be deleted or you may not be able to retrieve data you have stored," Microsoft said.

WordPerfect 'bloodied and battered' before Novell buyout, former exec testifies

***** Government/Policy

Breaking News: Feds Falsely Censor Popular Blog For Over A Year, Deny All Due Process, Hide All

The US government has effectively admitted that it totally screwed up and falsely seized & censored a non-infringing domain of a popular blog, having falsely claimed that it was taking part in criminal copyright infringement.

Shopper Surveillance Using Microsoft XBox Kinect

The data collected by the Kinect system are then analyzed to determine shopper movements relative to shelf locations, and real-world comparisons came be made between shopper movements when a display is set up in two different ways.

Xbox 360 update: new media features, no right to sue Microsoft

Microsoft is the latest console manufacturer to take this approach, as the new Xbox 360 update asks you to agree on neutral arbitration to solve disputes, and states that if you feel wronged, you can't go after the company in a court of law, nor join a class-action lawsuit.

Open Source Total Cost of Ownership 2.0

...early adopters of open source applications in the public sector quote benefits such as reduced vendor lock-in as one of their key arguments alongside lower costs.

Shockingly Unshocking: Two Congressional Staffers Who Helped Write SOPA/PIPA Now Lobbyists

Two high level Congressional staffers who have been instrumental in creating or moving forward both PROTECT IP (PIPA) and SOPA have left their jobs on Capitol Hill and taken jobs with two of the biggest entertainment industry lobbyists, who are working very hard to convince Congress to pass the legislation they just helped write. And people wonder why the American public looks on DC as being corrupt.

Patry's How to Fix Copyright: deftly argued, incandescent book on state of copyright law

How to Fix Copyright is a superbly argued, enraging book on the state of copyright law today, one of the great evidence-free zones in policymaking, where every measure is taken on faith and whose results are never seriously measured (except by tame, partisan researchers who always conclude that more draconian laws are in order). Patry dismantles the arguments for "strong" copyright protection like a top chef deboning a fish, deftly carving away the industry rhetoric and leaving behind the evidence.

Silicon Valley fighting proposed law pushed by Hollywood

"What's amazing is how many of the legislators are convinced that the rights holders are getting screwed, to the point where everybody who disagrees is lying," Goldman said. "That is a product of both extremely efficient lobbying, combined with having hearings that tell only one side of the story, for so long, that it becomes self-evident. "

How Amazon Plans to Give Indie Authors a Leg Up (Hint: There's Cash Involved)

If indie authors are willing to sell their e-book exclusively through Amazon for 90 days, those books become available through the Kindle Owners' Lending Library. Each time a writer's book is loaned through the system, they get a cut of revenue on top of the royalties they get from book sales.

When Computer Misuse Becomes a Crime

"In one fell swoop, the panel opinion creates a new theory of criminal liability under the Computer Fraud and Abuse Act," wrote EFF senior staff attorney Marcia Hofmann and staff attorney Hanni Fakhoury in an amicus curiae brief, "that gives employers the discretion to define what is and is not a federal crime. "

***** Patent/CR/DRM News+Policy

Oblivious Supreme Court poised to legalize medical patents

The Supreme Court on Wednesday heard oral arguments in a case that raises a fundamental question: whether a physician can infringe a patent merely by using scientific research to inform her treatment decisions.

Apple Loses Trademark Suit over iPad Name in China

Proview apparently field for the trademark on the iPad name back in 2000 before Apple put the tablet with the same name onto the market.

RIAA Label Artists & A-List Stars Endorse Megaupload In New Song

MegaUpload is currently being portrayed by the MPAA and RIAA as one of the world’s leading rogue sites. But top music stars including P Diddy, Will. i. am, Alicia Keys, Snoop Dogg and Kanye West disagree and are giving the site their full support in a brand new song.

Motorola wins injunction against Apple, could spell trouble for EU sales

Motorola Mobility on Thursday won an important injunction against Apple in Germany, which could potentially bar Apple's European sales arm from selling iPhones and 3G-equipped iPads.

Android's Revenge on Apple's iPhone & iPad

Apple’s just been hit in the chops by a German court injunction that blocks the sale of all iPhones and iPads in the European Union.

Apple Made A Deal With The Devil (No, Worse: A Patent Troll)

Over the last two years, Apple has been engaged in vicious legal battles over smartphone patents, many of which are aimed at squelching (or squeezing money out of) manufacturers of devices running Android. And now, for some reason, it has given valuable patents to a patent troll — which is using them to sue many of the top technology companies in the world.

***** Applications/Gadgets

AirDroid: Manage Your Android Device Using A Browser

AirDroid is a free application that lets you control your Android device from your desktop, tablet or anything else that can run a browser.

JasperSoft Advances Business Intelligence for Big Data

The new JasperSoft 4. 5 release isn't just about connecting to Big Data, it's about analyzing the data quickly.

Open Source Tool Secures DNS Traffic

DNSCrypt is significant because it encrypts all DNS traffic between Internet users and OpenDNS. This technological advancement thwarts efforts by attackers, or even Internet Service Providers (ISPs), from spying on DNS activity, or worse, maliciously redirecting DNS traffic.

Pandaboard ES launches packing ARM A9 power

Pandaboard. org has unveiled a new and small mainboard that is called the Pandaboard ES. This little board is one of the open source parts that is designed to be a development tool for running Android 4. 0 ICS when it lands.

Red Hat moves into Big Data with Storage Software Appliance

Red Hat Storage Software Appliance “extends the Red Hat solution portfolio with industry-leading capability for managing the storage of unstructured data. ”

HP donates WebOS system code to open source developers

The code behind the mobile operating system, WebOS, is being released to open source software developers by Hewlett Packard.

Cloudera Expands Hadoop Management for the Enterprise

One of the leading vendors in the commercial Hadoop space is Cloudera, which develops the Cloudera Distribution for Hadoop (CDH) distribution. Going a step beyond just having a Big Data deployment,Cloudera Enterprise is subscription-based management software plus support services for users of CDH.

***** Reports

Blazemeter Brings Apache JMeter to Cloud

Blazemeter leverages the power of the open source Apache JMeter project to deliver a cloud service that enables enterprises to load test their servers and applications.

Open Source and the Open Road, Part 2

The Linux community is setting the itinerary for what could become the biggest road trip for the Connected Car caravan. Two significant events are already in motion.

Red Hat Advances Server Resource Control with RHEL 6.2

One of the major changes in the RHEL 6. x series over the previous RHEL 5. x branch is support for cgroups (control groups) to control system resources.

The making of Arduino, an open source electronics prototyping platform

"By providing a platform that lets the artist or designer get a little way in there, it makes it easier for them to work with engineers and say, ’This is what I want to do,’ " [lead Arduino software developer David Mellis] says. "I don’t think it’s replacing the engineer; it’s just facilitating that collaboration. "

BATS Chi-X hardware failure floors Linux share trading platform for entire day

Trading at BATS Chi-X, the largest Europe-wide electronic stock exchange, was yesterday unavailable for an entire day after a serious hardware component failure knocked out operations on its Linux-based matching engine.

We Can’t Wait: Obama Admin. Announces $2B in Resources to Support Job-Creating Startups

Today, the White House is also hosting the first board meeting of the Startup America Partnership, where board members will announce commitments from more than 50 private-sector partners to deliver over $1 billion in value – from free software to free consulting and legal services – to 100,000 startups over the next three years.

Apple v Samsung

The Paris court rejected Samsung’s request for an emergency order against Apple while it considers the South Korean company’s patent-infringement claims....

“The The Paris court ruled Samsung must pay Apple 100,000 euros ($134,100) for legal fees while denying Apple’s request for damages. Samsung’s claim wasn’t “abusive” and the company’s infringement claims can move forward as a regular lawsuit, Courboulay said. - Bloomberg

Google's Schmidt: Android leads the iPhone

One Android-toting audience member said he was frustrated to see iOS apps beating Android versions to market. But in part because of Ice Cream Sandwich, "my prediction is that six months from now you'll say the opposite," Schmidt said.

Carrier IQ

Twelve class actions across the country claim that Carrier IQ has been "spying on the activities" of smart phone users with a device that tracks key strokes and sen Five class actions were filed in San Jose and Bay Area federal courts, two in Boston, and one each in Los Angeles, Miami, St. Louis, Chicago, and Beaumont, Texas. - Chris Marshall, Courthouse News

Hudson spinoff Jenkins gets commercial backing

Built to run on a Java application server, Jenkins provides a platform for managing large development projects. "As developers check in code to a source code repository, Jenkins kicks off the build process," Harris said.

[License-review] Submitting MPL for Approval

The goal of the new license was to revise, tighten, and update the language of MPL 1. 1, keeping in mind changes in jurisprudence and software development since 1. 1 was issued in 1998.

Windows Store agreement has open source exception

The terms and conditions of Microsoft's Windows Phone Marketplace explicitly exclude open source software that is released under a copyleft licence.

What’s Holding Back the Age of Data?

Which is essentially where the data market is today. Everybody understands that data has value; there is little consensus on how, where and via what mechanisms it should be distributed, licensed and sold.

***** Snippets

Freedom from Ubuntu with Debian Alternatives

Finding a Linux Job

KDE Widgets: Why They Matter

Kernel Log: Coming in 3.2 (Part 3) - Architecture

Intel Puts Out Its 2011 Holiday Linux Package

The Ada Initiative: Looking Back and Looking Forward

DIY: Get top-quality open source security tools in one distro

Facebook shares some secrets on making MySQL scale

Co-Founder of GNOME Project Still Uses Linux Everyday

JetBrains turns IntelliJ IDEA up to 11

Outerra 3D Planetary Engine will Come to Linux

Apple converting the enterprise? It could happen.;content

SUSE: Global Linux jobs on the rise

Get a Taste of Google Chrome OS With Chromium OS

MOFO: Linux Open Source Operating System Software Marches On

Linux Mint Swaps Banshee Affiliate Code, Take 100% of Profits

Tech Comics: "Geeks and Holidays"

Pissed Off Penguins A Free and Open-Source Game

LightScribe in Linux: Make Gorgeous Discs
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