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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)
Early last week, not so early this week! At least the Apple/Samsung stories have died down a little! There is a story about open source in schools in Spain. This is has a long history, but it is good to see it reported on from time to time. The US Government is still trampling all over the IP rights of Megaupload users, with their data still locked away. Some researchers have built a supercomputer from Lego and the Raspberry Pi (well... lots of them). Google has stopped the distribution of an Acer smartphone alleging it was not compatible with the Android ecosystem.
*From my blog: http://brendanscott.wordpress.com/2012/06/07/open-source-law-releases-report-on-open-standards/
Verbatim distribution with attribution ok.
Other distribution - email me.
Open Source Law
Proof claimed for deep connection between primes http://www.nature.com/news/proof-claimed-for-deep-connection-between-primes-1.11378
The usually quiet world of mathematics is abuzz with a claim that one of the most important problems in number theory has been solved.
Caine's Arcade 2: The Global Cardboard Challenge & Imagination Foundation http://www.youtube.com/watch?v=Ul9c-4dX4Hk
This is the followup to the original Caine's Arcade short film. 5 months later, Caine's Arcade has gone global, inspiring a wave of cardboard creativity, an Imagination Foundation, and a Global Cardboard Challenge.
Pi in the Sky, Skywriters Fill the San Francisco Bay Area Skies With First 1,000 Digits of Pi http://laughingsquid.com/pi-in-the-sky-skywriters-fill-the-san-francisco-bay-area-skies-with-the-first-1000-digits-of-pi/
On the afternoon of September 12, 2012, artist ISHKY, with Stamen Design, launched Pi in the Sky, a project that used skywriting to create quarter-mile tall digits at 10,000 feet over the San Francisco Bay Area. It took a team of five synchronized skywriters “equipped with dot-matrix technology” to create the first one-thousand numbers of the infinite order of pi (3. 14159, etc. )
New App to Help Voters Expose Trouble at the Polls http://cityroom.blogs.nytimes.com/2012/09/12/new-app-to-help-voters-expose-trouble-at-the-polls/
A new app that lets voters flag polling-place irregularities will be tested at the primaries on Thursday and, if it works well, will be rolled out citywide for the November general election.
Injustice Continues as Megaupload User Data Negotiations Go Bust http://torrentfreak.com/injustice-continues-as-megaupload-user-data-negotiations-go-bust-120913/
Months after the Megaupload raids and arrests the fate of the site’s user data is still unclear. The final negotiation round between the involved parties just went bust with Megaupload’s defense team holding the US Attorneys Office responsible. “They favor the Hollywood Oligopoly over innocent consumers who lost access to their data,” Megaupload lawyer Ira Rothken told TorrentFreak.
7 Questions to Ask Open Source Vendors http://campustechnology.com/articles/2012/09/11/7-questions-to-ask-open-source-vendors.aspx
With their budgets under increasing pressure, many campus IT directors are considering open source projects for the first time.
Open source the vote http://www.zdnet.com/open-source-the-vote-7000003990/
The Democratic party has released a Ruby on Rails open-source program, Voter Registration that enables you to deploy a Web application that enables U. S. citizens to register to vote.
In Spain, Hundreds of Thousand of Students Get Ubuntu Access http://ostatic.com/blog/in-spain-hundreds-of-thousand-of-students-get-ubuntu-access
"Used by 600,000 students and 75,000 teachers, the Ubuntu-based operating system, Guadalinex EDU, is now an accepted standard in schools throughout the region. By the end of the And@redproject in 2012, 4,000 schools, around 1. 5 million students and nearly 200,000 teachers will be using Guadalinex every day.
Open source education software unveiled by Google http://www.itproportal.com/2012/09/13/open-source-education-software-unveiled-by-google/
Now Google is lending its brainpower to the rapidly growing area by releasing a tool called Course Builder, open source software designed to let anyone create online education courses.
Open sourcing legal docs for small business http://www.itworld.com/it-managementstrategy/294852/open-sourcing-legal-docs-small-business
The real beneficiaries of this kind of service will be small businesses and private contractors who could use a little legal documentation without the cost of lawyers for relatively straightforward contracts. [lol!]
Publishers' worst nightmare: Amazon again on discount warpath http://news.cnet.com/8301-1023_3-57509935-93/publishers-worst-nightmare-amazon-again-on-discount-warpath/
Last week, HarperCollins, Hachette, and Simon & Schuster cut a deal with the government to settle allegations that the book publishers had colluded with Apple to fix the price of e-books. If you believe the government's charges, the book publishers were trying to prevent Amazon from discounting them to death.
NZ software giants join patent bill protest http://www.theregister.co.uk/2012/09/10/protest_at_nz_patent_bill/
New Zealand’s largest software exporters, Jade and Orion Healthcare, have lined up with the NZ Open Source Society, InternetNZ, and local industry lobby NZRise to ask the government to revise its proposed patent laws.
Stanford Class2Go to Offer Free Courses This Fall http://ostatic.com/blog/stanfords-class2go-to-offer-free-courses-this-fall
Many universities, including U. C Berkeley and M. IT. have been involved in e-learning for a long time, and, not long ago, M. I. T. and Harvard teamed up to deliver online learning to millions of people around the world, through their new edX initiative. Not to be outdone, Stanford University is going to offer 16 courses and two new, interactive e-learning platforms this fall. Here are details.
Creative Commons applied to government, business, and journalism http://opensource.com/law/12/9/creative-commons-applied
In particular, Creative Commons international affiliates create a huge number of educational resources that cross language and cultural boundaries.
State warned on ditching copyrighted software (Kenya) http://www.standardmedia.co.ke/?articleID=2000066158&story_title=State-warned-on-ditching-copyrighted-software
Last week, the Government issued a warning that in the next three years it will move its IT operations to Free and Open Source Software (FOSS), a move that will reduce cost by more than half in IT expenses.
Harvard Business Review Press Goes DRM-Free And Platform Independent http://www.techdirt.com/articles/20120903/17193420258/harvard-business-review-press-goes-drm-free-platform-independent.shtml
Despite the growing evidence that consumers absolutely hate DRM, many publishers still hold harbor fantasies that locking down digital goods prevents unauthorized copies from spreading across the internet. Most DRM ends up serving one purpose: to make authorized copies less functional than unauthorized versions.
IDF: Intel says Clover Trail will not work with Linux http://www.theinquirer.net/inquirer/news/2205462/idf-intel-says-clover-trail-will-not-work-with-linux
However Intel said Clover Trail "is a Windows 8 chip" and that "the chip cannot run Linux".
Patent infringement filings up 22% in 2011 compared to 2010, highest ever http://www.hawaiinewsnow.com/story/19522648/stakes-for-patent-infringement-remain-high-as-litigation-continues-to-grow-according-to-pwcs-2012-patent-litigation-study
The number of patent infringement actions filed in 2011 reached 4,015 – the highest number ever recorded, according to data compiled in the 2012 Patent Litigation Study released today by PwC US.
Motorola Mobility ordered to recall Android tablets and smartphones http://www.guardian.co.uk/technology/2012/sep/14/motorola-mobility-recall-android-tablets-smartphones
A court in Munich ruled on Thursday that Google-owned Motorola Mobility (MMI) must recall all the Android tablets and smartphones it has shipped in the country which infringe Apple's "rubber band" scrolling patent, which was key in its billion-dollar lawsuit win against Samsung in the US.
Red Hat's new patent troll weapon: GPL violation http://www.itworld.com/storage/295325/red-hats-new-patent-troll-weapon-gpl-violation
Red Hat has taken a unique step in defending itself from a patent infringement claim from Twin Peaks Software: a counterclaim that Twin Peaks is in copyright violation on mount, the file management app that is licensed under the GPLv2. Not only is Red Hat seeking GPL compliance, it's also going after Twin Peaks for damages and is seeking an injunction on Twin Peaks' own product sales.
ITC sides with Apple, says no violation of Samsung patents http://news.cnet.com/8301-13579_3-57513316-37/itc-sides-with-apple-says-no-violation-of-samsung-patents/
The U. S. International Trade Commission ruled that Apple's iPhones, iPods, and iPads do not violate four Samsung patents, dealing a blow to Samsung's legal offensive against Apple and its portable devices.
Kodak's Patent Auction Falters http://online.wsj.com/article/SB10000872396390444433504577651481017327876.html
Eastman Kodak Co. conceded Friday that a crucial patent auction may fail, as the company encounters difficulties reaching a deal with a wide-ranging group of prospective buyers.
Laminar Research, Creators of X-Plane, Are Being Sued for Patent Infringement http://www.x-plane.com/x-world/lawsuit/
If you want to help me defend against Uniloc, click here. I promise that I will not give them one single penny of your contribution. Every single penny that you donate will be used by me to defend against Uniloc, and if any money is left over after the lawsuit, I will put it towards my next Pet Adoption Center within one week of the lawsuits’ conclusion. I promise you: I will NEVER settle with them.
Microsoft and Google Take $4 Billion Patent Dispute to 9th Circuit http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202571015679&slreturn=20120812175732
Motorola Inc. attorney Kathleen Sullivan argued that a Seattle federal judge has wrongly asserted authority "to create a global license from scratch" for Motorola patents on wireless networking and video coding. Not only that, the judge issued "an extraordinary and unprecedented" order that blocks Motorola from enforcing a German court injunction against Microsoft Corp. 's infringement.
Steve Wozniak on Samsung patent verdict: ‘I hate it and I don’t agree with it’ http://thenextweb.com/apps/2012/09/13/apple-co-founder-steve-wozniak-samsung-patent-verdict-i-hate-i-dont-agree-it/?utm_campaign=social%20media&utm_medium=Spreadus&awesm=tnw.to_o4EZ&utm_source=Twitter
In fact, Apple co-founder Steve Wozniak hates the result, doesn’t agree with it, and thinks it will be overruled. Samsung will of course appeal, and this case will go back and forth for months still, but Wozniak just wishes everyone could get along.
University of California [and Eolas] sue Facebook, Wal-mart over patents http://in.reuters.com/article/2012/09/13/patents-facebook-university-california-idINL1E8KCLEE20120913
Eolas Technologies Inc and the Regents of the University of California filed lawsuits on Wednesday over four patents they believe the companies are infringing.
Samsung, Apple Amass 4G Patents for Battle http://online.wsj.com/article/SB10000872396390444017504577646472302481872.html
LTE is expected to become the next wireless-network standard, and holding a large number of patents for the technology could help companies shield themselves from potential litigation.
Google VP says Apple v Samsung verdict was a "wake-up call" http://arstechnica.com/tech-policy/2012/09/google-vp-says-apple-v-samsung-verdict-was-a-wake-up-call/
Google Vice President for Corporate Development David Lawee believes Apple's win against Samsung in a federal district court last month was a "wake-up call. "
Thomas-Rasset to take $222K copyright case to the Supremes http://news.cnet.com/8301-1023_3-57510677-93/thomas-rasset-to-take-$222k-copyright-case-to-the-supremes/
The Minnesota woman found liable for sharing 24 copyrighted songs via the Web will try and take her case to the U. S. Supreme Court, Kiwi Camara, her attorney, told CNET today. It must be noted that there's no guarantee that the court will hear her case.
Samsung to sue Apple over iPhone 5 http://www.koreatimes.co.kr/www/news/nation/2012/09/182_119602.html
Samsung Electronics will sue Apple over its release of the iPhone 5 for infringing on its fourth-generation (4G) long-term evolution (LTE) connectivity patents, according to industry sources, Monday.
Apple v Samsung Jury Verdict Lacks Sufficient Detail to Support Enhanced Damages http://www.ipwatchdog.com/2012/09/10/apple-v-samsung-jury-verdict-lacks-sufficient-detail-to-support-enhanced-damages/
While this distinction may appear important to one who wishes to obtain an enhancement of the damages award for willful infringement, the jury verdict form in Apple v. Samsung leaves one clueless as to whether the monetary award for infringement of 18 Samsung devices was an award of damages, an award of profits, or some combination of the two.
Closing the software patent loophole: Professor Lemley's new proposal http://opensource.com/law/12/9/closing-software-patent-loophole-professor-lemleys-new-proposal
In broad terms, functional claiming refers to writing patent claims that cover the broader function enabled by an invention rather than writing claims to the specific embodiment developed or contemplated by the inventor.
Apple, RIM get green light to intervene in Kodak appeal http://news.cnet.com/8301-13578_3-57514499-38/apple-rim-get-green-light-to-intervene-in-kodak-appeal/
Apple and Research In Motion can now intervene in Kodak's efforts to reinstate its patent case against the two tech giants, which was tossed by the U. S. International Trade Commission earlier this year.
Dutch Court: hyperlinks on website can constitute copyright infringement http://www.futureofcopyright.com/home/blog-post/2012/09/13/dutch-court-hyperlinks-on-website-can-constitute-copyright-infringement.html
Yesterday, the Court of Amsterdam decided that publishing hyperlinks to copyrighted content is, under certain circumstances, a copyright infringement.
RMail v. Amazon.com: Can Invalidity Based on 35 U.S.C. § 101 Be Properly Raised as a Defense in http://www.ipwatchdog.com/2012/09/13/rmail-v-amazon-com-can-invalidity-based-on-35-u-s-c-%c2%a7-101-be-properly-raised-as-a-defense-in-litigation/id=28033/
This interpretation by the USPTO that post-grant review requests may include challenges for patent-eligibility under 35 U. S. C. § 101 has caused a “renaissance” of rethinking about what the actual language of 35 U. S. C. § 282(2) says and means.
Torque 3D engine going open-source and free http://www.shacknews.com/article/75700/torque-3d-engine-going-open-source-and-free
Now, 11 years later, maker GarageGames is preparing to set Torque 3D free and open-source it.
Tabeo vs Nexus 7 http://www.linuxbsdos.com/2012/09/11/tabeo-vs-nexus-7/
Android 4. 0 (Ice Cream Sandwich)
Meet the first announced Ubuntu for Android product: NexPhone http://www.linuxuser.co.uk/news/meet-the-first-announced-ubuntu-for-android-product-nexphone/
The NexPhone is a normal Android smartphone, only it will be able to connect with a tablet, laptop, and monitor docks. Like previous Motorola phones, it will physically attach to the docks and then power them itself.
Is Aliyun OS really Linux? Android? A rip-off of both? http://www.zdnet.com/is-aliyun-os-really-linux-android-a-rip-off-of-both-7000004318/
When Acer was ready to announce a new smartphone running Alibaba's Aliyun operating system, Google responded with force. If it were to be released, Google would end its partnership with Acer, which uses Android for 90 percent of its smartphones. Acer swiftly cancelled the release, but clearly Acer wasn't happy about the state of affairs. Alibaba, China's largest e-commerce company, was even less happy.
Google donates to an Eclipse performance test lab http://www.h-online.com/open/news/item/Google-donates-to-an-Eclipse-performance-test-lab-update-1703288.html
Google has contributed $20,000 to the Eclipse Foundation for hardware to assist in the task of performance testing the foundation's integrated development environment (IDE).
The Limits of Open Source http://www.thestreet.com/story/11690726/1/the-limits-of-open-source.html
That's what open source was all about. Open source creates competition for anyone who builds a dominant platform. Linux beat Windows, but Linux did not create dominance any more than the Internet's TCP/IP protocol did, because everyone had access to it.
OpenSuSE 12.1 Li-f-e: get trained, if you can http://linuxblog.darkduck.com/2012/09/opensuse-12-1-li-f-e.html
Open source champ Mark Shuttleworth invests $1M in Ceph storage startup http://gigaom.com/cloud/open-source-champ-mark-shuttleworth-invests-1m-ceph-storage-startup/
Mark Shuttleworth, a superstar in the open-source world and the force behind Ubuntu Linux, is funding Inktank to the tune of $1 million. DreamHost spun out Inktank last year to help get customers up and running on Ceph open-source storage technology.
Oracle Pushing Forward on Linux and Solaris http://www.serverwatch.com/server-trends/oracle-pushing-forward-on-linux-and-solaris.html
>From a development perspective, Linux and Solaris at Oracle are developed by two separate groups. The two groups do talk to one another, but there is no sharing of code.
Facebook Linux, What Distro is it? http://www.internetnews.com/blog/skerner/facebook-linux-CentOS.html
According to Michael, Facebook Linux was based originally on CentOS 5. 2. Facebook uses one image that is placed on every server that they have.
Mozilla Accelerates Firefox 18 with IonMonkey http://www.internetnews.com/blog/skerner/mozilla-firefox-18-ionmonkey-open-source.html
The performance improvement ranges from 7 to 26 percent over Firefox 17 depending on the benchmark.
Android, Apple have 85 percent of worldwide smartphone market: IDC http://www.nbcnews.com/technology/gadgetbox/android-apple-have-85-percent-worldwide-smartphone-market-idc-992551
Android and Apple devices dominate in smartphones, with 85 percent of the worldwide market combined, according to IDC.
Ubuntu One Music Store Available Now on Web and Mobile http://news.softpedia.com/news/Ubuntu-One-Music-Store-Available-Now-on-Web-and-Mobile-291492.shtml
The Ubuntu One development team proudly announced earlier today, September 11th, that a new version of their famous Ubuntu One Music Store is now available.
Meet the Raspberry Pi Supercomputer--with Lego! http://ostatic.com/blog/meet-the-raspberry-pi-supercomputer-with-lego
The team from Southampton claims it built its supercomputer for under $5,000.
The AGPL: Solution in Search of a Problem http://redmonk.com/sogrady/2012/09/10/agpl/
When asked about the justification for this prohibition, the most common response centered around difficult-to-articulate concerns about being compelled to open source code they did not wish to. The fear that this “viral” license would infect their private repositories was rampant.
Open Source Ceph Storage Filesystem Advances with Inktank http://www.infostor.com/storage-management/open-source-ceph-storage-filesystem-goes-commercial.html
When open source software gets used in production grade environments, commercial support businesses tend to show up. That's exactly what is now happening with the open source Ceph distributed storage filesystem.
Open source, open Cloud, open CRM - SugarCRM's grand ambition http://www.businesscloud9.com/content/open-source-open-cloud-open-crm-sugarcrms-grand-ambition/11822
Outlining his vision for CRM, CEO Larry Augustin says that the key element to this is an infrastructure that is ‘open’.
The software patent solution has been right here all along http://www.infoworld.com/d/open-source-software/the-software-patent-solution-has-been-right-here-all-along-202299
Most notably, the astonishing proliferation of software patents has forced technology companies to spend a lot of time and energy assembling defensive portfolios.
How Twitter Uses Open Source http://h30565.www3.hp.com/t5/Feature-Articles/How-Twitter-Uses-Open-Source/ba-p/7180
Twitter prefers Linux because, Aniszczyk says, it lets the company innovate faster given the flexibility to customize the operating system.
How Successful CEOs Leverage Open Source Software http://www.openlogic.com/blog/bid/219817/How-Successful-CEOs-Leverage-Open-Source-Software
With all this going on, not once have I heard “use more open source software” as a goal. However, many C-level execs do think about open source software as a means to an end.
Canonical Updates Ubuntu Linux Landscape http://www.serverwatch.com/server-news/canonical-updates-ubuntu-linux-landscape.html
The Landscape 12. 09 update provides Ubuntu administrators with new compliance tools and management controls. Landscape is able to control and manage physical, virtual and cloud deployments.
Against software patents, 460 companies demand an improvement of the unitary patent for Europe http://www.april.org/en/against-software-patents-460-companies-demand-improvement-unitary-patent-europe
On September, 13th, 2013, over 460 companies from all over Europe got involved to demand the improvement of the proposal for a unitary patent, following the call for action launched by April and by signing the resolution proposed with StopSoftwarePatent. eu and FFII.
Google: 500 million Android devices activated http://news.cnet.com/8301-1035_3-57510994-94/google-500-million-android-devices-activated/?google_editors_picks=true
"Today is a big day for Android. . . 500 million devices activated globally, and over 1. 3 million added every single day," said Hugo Bara, Android's director of product management, in a Google+ post.
openSUSE to support secure boot in next release http://www.itwire.com/business-it-news/open-source/56621-opensuse-to-support-secure-boot-in-next-release
The latest release of openSUSE, 12. 2, which became available last week, does not have support for secure boot, Vojtech Pavlik, director of SUSE Labs and head of kernel development at SUSE, told iTWire today. However, it does have support for the Unified Extensible Firmware Interface, or UEFI, he added.
Red Hat: Linux on ARM Is No Joke http://www.serverwatch.com/server-trends/red-hat-linux-on-arm-is-no-joke.html
The Red Hat-sponsored Fedora Linux project already has a full-fledged ARM effort. Fedora 17 is now available to run on ARM, and there is a sizable team working on its development.
The Data Journalism Handbook http://datajournalismhandbook.org/
The Data Journalism Handbook is a free, open source reference book for anyone interested in the emerging field of data journalism.
The September 2012 Issue of the PCLinuxOS Magazine http://pclosmag.com
SimplyMEPIS 12 Alpha 2 Shows Direction http://ostatic.com/blog/simplymepis-12-alpha-2-shows-direction
13 years old hacker Esteban is announced developer of the month http://worldofgnome.org/13-years-old-hacker-esteban-is-announced-developer-of-the-month-and-the-cinnamon-1-5-8/
Accounting on Linux: why GNUCash might make sense for your home or business http://linuxblog.darkduck.com/2012/08/gnucash-accounting-on-linux.html
Grudge Match: Ubuntu 12.10 vs openSUSE 12.2 http://www.datamation.com/open-source/grudge-match-ubuntu-12.10-vs-opensuse-12.2-1.html
5 New Unity 4 Games Will Come to Linux http://news.softpedia.com/news/5-New-Unity-4-Games-Will-Come-to-Linux-291280.shtml
Top 10 Ubuntu App Downloads for August 2012 http://news.softpedia.com/news/Top-10-Ubuntu-App-Downloads-for-August-2012-291689.shtml
Enlightenment E17 Is Another Step Closer To Release http://www.phoronix.com/scan.php?page=news_item&px=MTEzNTg
What is going on with GNOME? http://www.linuxuser.co.uk/interviews/whats-going-on-with-gnome/
VirtualBox 4.2.0 Released With Support For Drag n drop http://www.webupd8.org/2012/09/virtualbox-420-released-with-support.html
Version 2.6.0 of Avidemux video editor released http://avidemux.berlios.de/news.html#2012-09-06
Gnome 3 vs. Gnome 2 vs. change http://opensource.com/life/12/9/gnome3-versus-gnome2-versus-change
Desktop Linux: The GNOME 3 Release Series Extensions http://www.datamation.com/open-source/desktop-linux-the-gnome-3-release-series-extensions-1.html
Google Gets Serious about Chrome Security on Linux http://www.internetnews.com/blog/skerner/google-gets-serious-about-chrome-security-on-linux.html
Basics of SELinux in Linux a Linux user should know http://www.linuxnix.com/2012/09/basics-of-selinux-in-linux.html
VirtualBox Finds the Meaning of Open Source Life with Version 4.2 http://www.internetnews.com/blog/skerner/virtual-box-finds-the-meaning-of-open-source-life-with-version-4.2.html
Ubuntu GNOME Remix 12.10 Alpha 2 Released http://news.softpedia.com/news/Ubuntu-GNOME-Remix-12-10-Alpha-2-Released-292199.shtml
What to prepare before installing Arch Linux the first time http://www.linuxandlife.com/2012/09/prepare-before-install-arch-linux-first-time.html
First release candidate for Samba 4 is available
Joomla 2.5.7 Released http://www.joomla.org/announcements/release-news/5463-joomla-2-5-7-released.html
Upcoming Features of GNOME 3.8 http://news.softpedia.com/news/Upcoming-Features-of-GNOME-3-8-292171.shtml
Hewlett-Packard developing smartphone, CEO Meg Whitman says http://www.mercurynews.com/siliconvalley/ci_21543700
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