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 #465 Period ending 26 September 2012

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

Interesting report from the UK recommends use of open source. More back and forward on Samsung v Apple around the world. Some stories on cloud sourcing to fight patents. Flavour of the week seems to be automotive Linux stories, either as part of the car or as part of the entertainment system in a car.

*From my blog:

Verbatim distribution with attribution ok.

Other distribution - email me.



Brendan Scott

Open Source Law

***** Off Topic

Senate report says Microsoft sidesteps billions in taxes

“These loopholes and abuses exact a tremendous cost,” Levin said, according to Bloomberg’s report. “What these gimmicks do is shift the burden of taxes onto citizens and business who don’t use armies of lawyers and accountants. ”

Security researchers hack Android via NFC to gain full control, steal data from Samsung GalaxyS3

Security researchers participating in the Mobile Pwn2Own contest at the EuSecWest Conference in Amsterdam today demonstrated how to hack Android through Near Field Communication (NFC).

Internet Archive collects, streams TV news archives

But now the site has an additional function: TV News Search & Borrow, which stores a collection of 1000 national news shows with some 350,000 individual programs dating back to 2009. The site will continue to add new programs 24 hours after they air.

Microsoft Said to Face EU Antitrust Complaint on Browser Choice

European Union regulators are preparing an antitrust complaint over Microsoft Corp. (MSFT)’s failure to comply with a settlement to give users a choice of web browsers, according to two people familiar with the matter.

***** Government/Policy

Study urges CIOs to choose open source first,study-urges-cios-to-choose-open-source-first.aspx

In most cases, Norton argues that re-engineering internal IT using open source software is the more sensible outcome.

Neelie Kroes: Copyright and Innovation in the Creative Industries

In this fascinating keynote, Neelie Kroes, vice-president of the European Commission and commissioner for the digital agenda, talks about "Copyright and Innovation in the Creative Industries."

Switzerland, Italy Join Congressional Watch List on Piracy for First Time

The report released Thursday says that while this is the first time Italy and Switzerland have been on the list, along with China, Russia and the Ukraine, “insufficient protections for copyright are a longstanding problem in both nations. ”

“Rest assured, the EU is behind you”: EU Commissioner Neelie Kroes to OKFestival participants

Data is a 21st century commodity: it’s the new oil. There’s almost no limit to the economic and social wonders it can generate: new applications and new tools appear every day. That’s why the Commission has an ambitious Open Data Strategy. To really make the most of this huge asset within our single market. Here are four things we’re doing in particular.

Still a Protectionist Trade Remedy: The Case for Repealing Section 337

The availability of a second venue to pursue patent lawsuits poses serious systemic problems. Section 337 contravenes a foundational element of free trade known as national treatment and violates the commitments of the United States as a member of the World Trade Organization. The law negatively impacts the integrity and functionality of U. S. patent law by establishing a dual-track system for patent enforcement and retains its ability to serve as a purely protectionist trade remedy mechanism.

Can U.S. Citizen Shoot Down Domestic Spy Drones? Question Looms

A key question is whether such spying would be legal without warrant, an allowance that could be tantamout to leaving the door open to abuse.

Feds Charge Activist with 13 Felonies for Rogue Downloading of Academic Articles

Federal prosectors added nine new felony counts against well-known coder and activist Aaron Swartz, who was charged last year for allegedly breaching hacking laws by downloading millions of academic articles from a subscription database via an open connection at MIT.

The USPTO's Reality Distortion Field: Web Filter Blocks Critics Like EFF, Welcomes Maximalist Lo

Love then checked a bunch of other sites. . . and noticed a rather distressing pattern. For public interest groups who advocate that the existing copyright/patent system is broken, the websites were all blocked. ACLU, EFF, Public Knowledge, Public Citizen, CDT. . . all blocked. However, if you're a lobbyist for maximalism? No problem! MPAA, RIAA, IIPA, IPI, PHRMA, BSA. . . come on through.

Google Doesn’t Require Google Search On Android, Despite What FairSearch & Microsoft Want Yo

Fairsearch, a group backed by Microsoft and other Google competitors to lobby that Google isn’t “fair” to them with its search results, has been having a event today to push its view of all that’s wrong with Google. That includes building a myth that Google requires that all Android devices to use Google search. Google doesn’t do that. It never has.

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

Thanks to Cool New Crowd-Sourcing Website, Now You Can Help Prevent Bogus Patents

A new partnership between the U. S. Patent Office, Google, and popular tech website Stack Exchange, will recruit average Americans to help end the patent wars. Take that, rounded corners! [OSL: Which is to say that the public needs to pay to avoid patents. Potential patentees should pay a bounty for prior art findings.]

My Brush With a Patent Troll (Joao Controls)

Back when the web was only a limited affair and the most exciting thing on it in the realm of imagery was the ‘coffee pot webcam’ I came up with a way to make a real live video stream that worked in a browser.

Why Fox Thinks That Skipping Commercials is Like Robbing a Bank

In its case against DISH, Fox is arguing that all TV viewers who skip commercials are copyright infringers.

Microsoft scores patent win against Motorola in Germany

In the ongoing, globe-spanning patent battle between Microsoft and Google-owned Motorola, Microsoft said today that a court in Munich, Germany ruled in its favor, deciding that Motorola infringes on Microsoft's patent for soft input panel system and method.

Samsung may add iPhone 5 to patent claims against Apple,0,1796814.story

"Based on information currently available, Samsung expects the iPhone 5 will infringe the asserted Samsung patents-in-suit in the same way as the other accused iPhone models," Samsung said in a court in filing, according to the Wall Street Journal. The report said Samsung would decide whether to amend "as soon as it has had a reasonable opportunity to analyze the device. "

Apple steals from Swiss Railways

Well, it copy pasted its design from famed Swiss Railways SBB. The new iPad clock looks exactly like the clocks at Swiss railways stations.

Antitrust: Commission market tests commitments proposed by Apple et al re ebooks

The proposed commitments aim to alleviate concerns that these companies may have engaged in an anti-competitive concerted practice affecting the sale of e-books in the European Economic Area (EEA). If the market test confirms that the commitments are suitable to address the Commission's competition concerns, the Commission may make them legally binding on the companies.

Access to Courts: Federal Circuit: Preliminary Rejection of Judge Koh on Access to Trial Docs

It is an odd appeal in that both parties want the court to seal the documents. Our adversarial appellate system does not work that well when the parties agree with each other but disagree with the judge.

Motorola asks ITC to ban every Mac, iPad, and most iPhones

The International Trade Commission voted yesterday to investigate Apple for patent infringement allegations launched by the Google-owned Motorola Mobility. As expected, Motorola is asking for import bans on just about every iOS device, including iPhones, iPods, and iPads. What might be surprising is that Motorola is also asking for a ban on every type of Mac OS X computer, claiming Apple's iMessage technology infringes a Motorola patent.

Patent Trolls: Make Them Pay!

It’s apparent that the people filing the suit don’t understand the technology or the products enough to realize that Rackspace Cloud Servers and GitHub are completely different products from different companies. By now, it’s widely known that GitHub is hosted at Rackspace, but beyond that, there is no other connection between the two.

Samsung topples Apple in brand image

Samsung Electronics lost its recent court battle against Apple in San Jose and was ordered to pay a staggering $1. 05 billion but ironically, recent polls show that the Korean firm has overtaken its U. S. rival in brand image.

Microsoft, RIM ink new licensing agreement

The exFAT technology is loosely based on Redmond's venerable FAT file system, which has been available in some form since before the MS-DOS days. According to Microsoft, the new version accommodates much larger files than earlier file systems and makes accessing them faster.

Level 3 Communications Sues Apple for iTunes and iCloud Services

According to the formal complaint, PersonalWeb draws on its proprietary technology to innovate and develop software products, including a social learning platform and digital content management system.

Alleged Copyright Infringement by Patent Prosecutors

The newly amended complaint thus recites no factual basis other than the fact that Schwegman is a law firm that prosecutes patents and that, because Schwegman submitted copies of certain articles to the USPTO that it must have also made unauthorized copies.

Apple Cuts Display Orders to Samsung, Loses Patent Case in Germany

Today, the district court in Mannheim, one of the three German courts the two rivals have been facing off in, ruled Samsung didn't infringe the iPhone maker's patent on multi-touch flags.

Motorola, Samsung Secure Patent Victory Over Apple,2817,2410028,00.asp

Motorola and Samsung secured a patent victory against Apple today when a German court found that the two firms did not infringe upon Cupertino's multi-touch patent.

***** Applications/Gadgets

Reasons to run Occidentalis on your Raspberry Pi

Most recently, Adafruit released a Linux distribution based on Raspbian (a Debian-based distribution). It is called Occidentalis, which takes its name from the black rasperry, rubus occidentalis.

Humble Indie Bundle 6 Comes to Linux

Humble Indie Bundle 6 comes with the following 6 games: Torchlight, Rochard, Shatter, S. P. A. Z. , Vessel and Dustforce, which can be unlocked only if you pay more than the average. And you will do that!

Bromium vSentry Defends Enterprises with Microkernel Virtualization

Crosby and his team have a lot of history and experience with the open source Xen hypervisor. While vSentry does benefit from Xen, it is not entirely based on it.

***** Reports

New Update of Landscape Is Part of Ubuntu's Enterprise Push

Landscpe is aimed at automating system management in enterprises, solving hardware management problems, helping to craft useful software repositories and more.

Aliyun OS is not a fork of Android

Spelich further criticized Android for not actually being open, because of the way the platform distributes content through apps, which means the platform-maker essentially acts as gate-keeper to this content.

Intel reverses course, bringing Android to Clover Trail chips for tablets

Tablets running on Intel's upcoming Atom chip code-named Clover Trail could come with the Android OS, adding another OS option for the processor platform in addition to Microsoft's soon-to-be-released Windows 8 OS, Intel said on Monday.

Pentaho, Cisco Partner on Open Source Big Data Solution

The deal will combine Pentaho’s Big Data analytics and reporting tools with Cisco’s Unifed Computing Systems (UCS) line of servers. Pentaho is promoting the move as a way for customers to simplify deployment of its software in enterprise environments.

Automotive manufacturers gear up for open source push

Launched in 2009, the Genivi Alliance is an industry group comprised of over 100 vehicle manufacturers and consumer electronics companies that was founded to standardise around Linux-based car infotainment software.

Rackspace Hands Over Keys To Open Source Cloud

But as that community grew, it became clear that the project needed a more neutral steward, and the company started taking steps to hand the project over to the non-profit OpenStack Foundation.

Coming To A Car Near You: Linux Goes Automotive, Signs Up Harman, Intel, Toyota, Samsung’s Tizen, More

Google’s self-driving car project is probably one of the most audacious experiments the company has embarked upon.

Linux Drives the Open Source Car

Automotive Grade Linux Workgroup (AGL), the free and open source software movement hopes to gain enough leverage to successfully topple traditional automotive infotainment silos.

Investors Growing Tired of Nokia's Elop, Eye Android Escape Route

Some like Mr. Rehle believe Nokia should ditch Windows Phone and use Android.

Slashdot, SourceForge, FreeCode sold to jobs site company

Slashdot has been sold again. Dice Holdings, the company behind the Dice. com career site, announced today that it had purchased Slashdot, as well as the SourceForge and FreeCode websites, from Geeknet for $20 million in cash.

How to pay for open source

On the other hand, many who understand the beneficial effect of the open source movement wonder how they can, in fact, directly contribute money to an open source project. It sounds like an easy question, but the issue is more complex than you might think.

Vivaldi KDE tablet delayed following major setback

But recently a really eye-opening thing happened. One person I'd been working with previously contacted me, said they had recently moved to another company that also produces the sorts of electronics we need and started with ". . . and we have source code. " This was the first time I'd had a company at this level in the game approach me with that line. Are we, collectively, getting through to them? Maybe.

Red Hat plans to do for OpenStack what it did for Linux

Just as with Linux, Red Hat knows there's no way it can make OpenStack the de facto cloud software of choice for the enterprise by itself. In a blog posting, Red Hat's OpenStack team wrote, “A huge community is contributing to OpenStack. More than 180 participating companies and 400 contributing developers have produced six software releases in just a little over two years. Some organizations will choose to leverage all that innovation directly by implementing, testing, patching and supporting community releases on their own. ”

Raspberry Pi: Turbo Warranty safe overclocking

There are now five overlock presets in raspi-config, which will increase the processors speed to 1 GHz at its highest level. In tests performed by the Raspberry Pi Foundation, they found a 50% increase in performance, and the best part is it won’t void your warranty.

Open source music-making lab resonates in the Congo

They took this curriculum to Goma, Democratic Republic of the Congo and the results were remarkable—this short documentary features a full song and video the group produced using free, open source music-making software.

***** Snippets

Sabayon Linux 10 Has MATE and Linux Kernel 3.5

Linux and Windows: Peaceful Coexistence

Fedora 18 Alpha out now!

Android under fire again for poor vulnerability patching

Open source in 2012: Bigger and better than ever

5 Free and Open Source Alternatives to Microsoft Office

What is the best backup tool for 2012? What else, Virtual Box!

Linux 3.6 rc6

Goodbye Ubuntu 11.04

Raspberry Pi Media Centre Tutorial

Desktop Linux: Has Ubuntu's Unity Surpassed the Mac?

New Cinnamon 1.6 Release Adds 2D Session, New Applets And More Customization Options

Superb Mini Server 2.0.0 Is Based on Slackware 14

Open Source Software Licenses

Should the root account be disabled in Fedora 18?

GNOME Shell 3.6 RC Has Been Released

New Unity Features will Generate Affiliate Revenue for Ubuntu

Raspberry Pi tutorial: how to do more

Oracle Sales Miss Estimates as Hardware Sales Decline

Qemu automates Kindle Fire HD root

The best 5 new features in Gnome Files 3.6!

Fedora 18 and Firewalld

The inner workings of openSUSE

SUSE Manager Improves Linux Server Control
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