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 #450 Period ending 30 May 2012

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

Google seems to be ahead in the Oracle/Google Java case with no patent infringement found. In fact, rather too many IP related stories this week, with everyone suing, or preparing to sue, everyone else. There are a number of stories about the Raspberry Pi and its imitators and the completion of Google's acquisition of Motorola Mobility.

This week is also the last week to get comments in to the UK Cabinet Office on their Open Standards Consultation process. If you are interested they will accept submissions from outside the UK:

*From my blog:

Verbatim distribution with attribution ok.

Other distribution - email me.



Brendan Scott

Open Source Law

***** Open Standards/ODF

Oracle submits cloud interoperability API

Oracle on Wednesday said it will submit an application programming interface to the Distributed Management Task Force in the latest move to address cloud interoperability.

Sign o' the Times: IBM, SAP Now Support Microsoft's Standardization Move

The real competition is no longer just amongst these old-line technology companies, but largely between them and a new breed of competitors often based around new mobile devices and consumer platforms.

***** Government/Policy

US Army trains in open source 3-D virtual cyber-world

The US Army and associated federal agencies are said to be testing prototype "virtual world" technologies in a secure open source environment.

Open Source Machines: New Ideas Are Arriving

Using wikis and digital fabrication tools, Jakubowski's work enables anyone to build their own tractor or harvester from scratch.

Harvard, MIT to partner in $60 million initiative to offer free online classes to all

Harvard University and the Massachusetts Institute of Technology said today they will team up to launch a $60 million initiative to offer free, online, college-level courses under a joint superbrand known as edX.

Google's Schmidt Pledges Raspberry Pi Linux Computers to UK Schools

Now, in a very promising step for the Raspberry Pi movement, Google Chairman Eric Schmidt has pledged to give U. K. schools Raspberry Pis and pledged to train 100 teachers in how to pass Linux skills onto students.

DoD official: Open source memo doesn't mandate a support vendor

If a Defense agency is able to sustain the open source software with "its own skills and talents" then that can be enough to satisfy the intent of the memo, he said.

Open access and open source in the context of scholarly publishing

Many researchers, librarians and governments believe that if the research has been funded by public money and carried out at a government-funded university, the results should be made available to the general public for free. In fact, many of research grant organisations make it compulsory within a specific timeframe, for example the Scientific Council of the European Research Council (ERC), the US National Institutes of Health, the Australian Research Council (ARC) and the National Health and Medical Research Council (NHMRC).

Keep the Internet Open

The number of governments that censor Internet content has grown to 40 today from about four in 2002. And this number is still growing, threatening to take away the Internet as you and I have known it.

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

Oracle Java Claims Defeated by Google. What About Microsoft?

Oracle's patent claims against Google's use of Java in Android have been defeated in a California courtroom jury trial. It's a victory for Google. It's a victory for Android and it's a victory for the open source model.

Motorola Mobility Has Infringed Microsoft Patent, Says Munich Court

Google-owned Motorola Mobility has infringed a Microsoft patent related to SMS messaging, according to a ruling in the Munich regional court, which also dismissed a second case related to a localization patent.

Facebook Attack on Wireless Ink Patent among the Reexamination Requests Filed Week of May 14, 20

Notably, Facebook has filed this reexamination request before answering Wireless’s complaint in court. Facebook – like Apple and Google – has been quick to resort to reexamination when sued for infringement. Wireless has also accused Facebook of infringing two other patents – U. S. Patent Nos. 7,599,983 and 7,908,342 – in unrelated infringement actions.

Samsung, Apple says no compromise

The widely anticipated two-day meeting between chief executives of Samsung and Apple yielded no agreement between the parties mired in a hot legal dispute over copyright infringements.

ITC judge recommends import ban on Microsoft's Xbox

An administrative law judge for the International Trade Commission issued a recommendation that the commission ban 4GB and 250 GB Xbox gaming consoles from import to the United States.

Unpleasant Development for Kodak: ITC Judge Rules Key Patent Invalid

Kodak’s plan to squeeze some much-needed cash out of its intellectual property portfolio has suffered another setback, one that may bleed it of some value.

Supreme Court Turns Down File-Sharing Appeal Challenging Remittitur Procedure

A Supreme Court petition filed by Harvard University law professor Charles Nesson had objected to the remittitur procedure because it allows the plaintiffs to reject the reduced award and opt for a retrial. “The 1st Circuit’s misuse of remittitur threatens to push the defendant down an endless litigation rathole,” Nesson argues.

Supreme Ct Challenges Chief Judge Rader's Broad Notion of Software Patentability

The Supreme Court has rejected another Federal Circuit patentable subject matter decision with a GVR and has ordered the appellate court to review its patentability decision with further consideration of Mayo Collaborative Services v. Prometheus Laboratories, Inc.

How Apple and Microsoft Armed 4,000 Patent Warheads

He’s one of 10 reverse-engineers working full time for a stealthy company funded by some of the biggest names in technology: Apple, Microsoft, Research In Motion, Sony, and Ericsson. Called the Rockstar Consortium, the 32-person outfit has a single-minded mission: It examines successful products, like routers and smartphones, and it tries to find proof that these products infringe on a portfolio of over 4,000 technology patents once owned by one of the world’s largest telecommunications companies.

Google pays $10M for TeraHop patents: Sale to help investors in fraud case recoup cash

Now, Google has emerged as the buyer of a patent portfolio in a complex fraud case involving 57-year-old Seattle investment professional Mark Spangler.

HTC Smartphones Pass Customs Inspections Despite Expected Delays

Taiwanese smartphone vendor High Tech Computer said on Sunday certain models of its newest smartphones have passed U. S. Customs and are being released to its carrier customers, after the company previously warned of a delay in product shipments because of an International Trade Commission (ITC) order.

Apple to DOJ: Bite me

Apple's filing doesn't try to defend the five publishers the DOJ has accused of colluding to fix prices. In fact, it basically throws them under the bus, pointing out that if there was a price-fixing conspiracy among its co-defendants -- as alleged -- they kept it secret from Apple.

TV Networks File Legal Claims Saying Skipping Commercials Is Copyright Infringement

It wasn't a surprise that the TV networks didn't like this at all, but could they really make a legal argument that skipping commercials was against the law?

***** Applications/Gadgets

Bit.Trip.Runner Game Available in Ubuntu 12.04

Bit. Trip. Runner, an independent retro platformer game created by Gaijin Games, has been made available for purchase on the Ubuntu Software Center.

A tiny PC that runs Linux and Android 4.0 and costs just $74

The latest to appear? None other than the MK802 micro-PC, a USB-sized device priced at $74 that runs Android 4. 0 and Linux.

VIA reveals Rasberry Pi competitor running Android

Chip maker VIA as unveiled a competitor to the Raspberry Pi, an ARM-based System-on-a-Chip running Android that will cost only $49 USD (£31 GBP). Similar to the RasPi, it’s built on ARM11 architecture, however the board itself I somewhat larger, with a Neo-ITX form factor that is about twice the size.

Grive: A free open source Google Drive client has arrived on Linux

A free open source Google Drive client called Grive has been put together by a third-party developer, and it looks quite nice.

Apache Wookie Delivers Open Source Widgets

Administrators can upload Widgets packaged according to the W3C Widgets specification. Wookie makes these available to applications using a REST API. These widgets can then be hosted in a container application such as Drupal, Wordpress, Moodle, Elgg or any other web based system. Container applications may have a plugin that communicates with the Wookie server and enables users to pick widgets from a gallery. These are then added to user pages by the container application. "

Puppet Partners with EMC on Open Source Razor

Kanies noted that system administrators for the most part still rely on single vendor platform provisioning tools and there's a need for a cross-platform tool. That's what Razor is all about.

Cisco Kills Cius

"Cisco will no longer invest in the Cisco Cius tablet form factor, and no further enhancements will be made to the current Cius endpoint beyond what’s available today," Cisco stated in a blog post. "However, as we evaluate the market further, we will continue to offer Cius in a limited fashion to customers with specific needs or use cases. "

***** Reports

Chrome beats Internet Explore in global Web browser race

According to StatCounter, Chrome passed Internet Explorer during the week of May 13th. StatCounter’s stats are based on a sample of 15 billion page views in the company’s network and they show that Chrome is continuing to gradually pull away from IE.

Tizen 1.0 hands-on: Can Samsung and Intel’s mobile OS compete with Android?

In the wake of Meego’s demise a new open source mobile operating system has emerged. Known as Tizen and backed by Samsung and Intel, the Linux-based OS recently hit the version 1. 0 milestone and has even been paired with an official reference hardware platform.

A Bold Move To Open Source Your Core Business

A bold move, to shift the business model and competition from a pure commodity space to a more diversified services space. I’m following their progress in this endeavor – initially surprising, their analysis and reasoning is I think valid and innovative.

Survey: Open Source Adoption Rises, Drives Innovation

More than 50 percent of all software purchased within five years will be open source, according to a survey released Monday by a collaboration of 26 open source companies.

SUSE preps its own cloud launch

The future of the enterprise will most certainly include the cloud, and SUSE plans to remain a major player in this space.

Red Hat could cash in with open-source cloud juggling act

Completely open. Yet still generating $1bn in revenue each year.

Fedora 17 ARM Edition Enters Beta

The Fedora ARM team, through Paul Whalen, announced earlier today, May 24th, that the Beta release of the upcoming Fedora ARM 17 edition is now available for download.

Free software and the necessity for idealism

“It’s not about money”, he has said, “it’s about freedom. If you think it’s about money you’ve missed the point. I want to use a computer in freedom, to cooperate, to not be restricted or prohibited from sharing. ”

[Poll] How Much Has Oracle's Lawsuit Against Google Damaged Its Reputation Among Developers?

the company's aggressive move to assert its interest in Java - which is, after all, open source - puts the developer community's goodwill at risk. How badly has Oracle damaged its reputation?

OSI Board Elects New Officers

With President Michael Tiemann's recent retirement from the board and the appointment of new board members, it was time for the OSI Board to choose officers for a new, one year term.

Page: We’ve acquired Motorola Mobility

It’s a well known fact that people tend to overestimate the impact technology will have in the short term, but underestimate its significance in the longer term. Many users coming online today may never use a desktop machine, and the impact of that transition will be profound--as will the ability to just tap and pay with your phone. That’s why it’s a great time to be in the mobile business, and why I’m confident Dennis and the team at Motorola will be creating the next generation of mobile devices that will improve liv Larry Page, CEO, Official Google Blog

It's Official: Google Is Now a Hardware Company

Woodside vows there will be a “firewall” inside Google and that he will not ask for or receive special treatment from Andy Rubin, who runs Google’s Android division.

MySQL's growing NoSQL problem

>From no real alternatives to MySQL to an overabundance, and in just two years. That's an amazingly fast shift, and it says a great deal about how open source drives innovation.

HP's WebOS Enyo team reportedly heading to Google

The Web giant will soon be welcoming into its fold the Hewlett-Packard team responsible for creating Enyo, the HTLM5-based application framework for WebOS that debuted on the failed TouchPad, according to a report on The Verge. However, what they will be doing at Google remains a mystery.

Billions of API calls traversing Web, redefining “software”;carousel

APIs are quickly becoming the application glue for the Web with billions of calls per day making some companies billions of dollars per year, according to one keynote speaker at the annual Glue Conference.

***** Snippets

Five Reasons to be excited about Linux Mint 13 - LTS, MATE, and more

Rob Weir explains the OpenOffice resurrection

Red Hat CEO: The nuts and bolts of open source

eRacks Offers High End PCs to Open Source Crowd

The OpenFlow Revolution is a Big Switch

Google kicks Oracle in its patent teeth,104.PN.&OS=PN/RE38,104&RS=PN/RE38,104

GitHub Reaches Out to Windows Developers

Mageia 2 is released

ownCloud 4 Advances Open Source Storage

Meet Webmaker: Mozilla Launches Summer Code Web Love-in

Linux Mint 13 Maya released!

OpenLDAP Everywhere Reloaded

Tiny Core Linux 4.5.3 Is Available for Download

AMD Radeon Catalyst Performance: Windows 7 vs. Ubuntu 12.04 LTS

Bluefish. A powerful HTML editor, and more.

Living With Open Source

Want Freedom from Vendor Lock-in? Survey Says: Choose Open Source
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