OSWALD Newsletter Archives (by issue #, click to view)
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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Welcome to the Open Source Law Weekly Open Source Digest (OSWALD)
I was just about to send this out yesterday when news of Google's purchase of Motorola Mobility came out, so I waited since it's the big news story this week. Google paid way over the value of the shares, apparently in order to secure the mobile patent portfolio - this only a day or two after Motorola did some mobile patent sabre rattling (2+2 =?). The other story getting attention is that Apple has blocked Samsung from selling the Galaxy II in Europe, at least for the time being.
>From my blog: http://brendanscott.wordpress.com/2011/07/01/gov-2-0-open-source-wrongness/
http://brendanscott.wordpress.com/2011/05/18/iinet-disturbed-by-full-federal-court-decision/
http://brendanscott.wordpress.com/2010/12/07/cablegate-shows-copyright-as-the-emporers-new-clothes/
Verbatim distribution with attribution ok.
Other distribution - email me.
Regards
Brendan
Brendan Scott
Open Source Law
***** Off Topic
Simulate proton smashing with updated LHC@home http://arstechnica.com/science/news/2011/08/virtual-particles-cern-updates-lhchome.ars
As such, LHC@home requires that users install VirtualBox, which lets the CERN environment run in a virtual machine on any of the major platforms. That's a hassle, but at least it lets users host CERN's Linux distribution "without risking the integrity of your machine. "
***** Government/Policy
Cough up the hairball and make NHS technology open http://www.guardian.co.uk/healthcare-network/2011/aug/11/hairball-nhs-technology-open
Who's Afraid of the Trademark Police? Everyone. http://www.fastcompany.com/1604170/whos-afraid-of-the-trademark-police-everyone
...Vinod jumped in with "Do you think that when we founded Sun we worried about how many other companies were using that name? We just shouted louder and longer than any of them, and we made Sun our name!"
Spain Tells Google to Give Its Citizens Some Privacy http://www.courthousenews.com/2011/08/10/38900.htm
The Spanish government has ordered Google to delete information about 90 of its citizens from online indexes, upholding a complaint from Spain's Data Protection Agency.
Gizmodo 'not motivated by financial greed' in iPhone case, D.A. says http://latimesblogs.latimes.com/technology/2011/08/gizmodo-not-motivated-by-financial-greed-in-iphone-case-da-says.html
The task force, called REACT (for Rapid Enforcement Allied Computer Team), is a kind of SWAT team, chartered in 1997 to focus on "large-scale crimes that victimize the high-technology industry in the Bay Area. " A story by the Times last May investigated ties between REACT and the technology industry.
Lawsuit claims Apple and publishers colluded on eBook pricing in fear of Amazon.com http://www.geekwire.com/2011/suit-claims-apple-publishers-colluded-ebook-pricing-fear-amazoncom
A Seattle law firm has filed a class-action lawsuit accusing Apple and five book publishers of engaging in price fixing around sales of electronic books.
***** Patent/CR/DRM News+Policy
Mark Shuttleworth on patents, tablets and the future of Ubuntu http://www.techcentral.co.za/mark-shuttleworth-on-patents-tablets-and-the-future-of-ubuntu/25192/
Software Is Just Math. Really. http://www.forbes.com/sites/timothylee/2011/08/11/software-is-just-math-really/
Google Tells ITC Judge: Microsoft Revealed Our Secret Source Code http://paidcontent.org/article/419-google-tells-itc-judge-microsoft-revealed-our-secret-source-code/
Google Could Make App Inventor Open Source http://gizmodo.com/5829382/google-could-make-app-inventor-open-source
Motorola Not Backing Down From Apple Lawsuit, Says it Has “No Merit” http://www.androidguys.com/2011/08/11/motorola-backing-apple-lawsuit-merit/
It's obvious by now, after having sued Samsung, which led to the Galaxy Tab 10. 1 being banned from every major European country, that Apple likes to enforce patent infringement on other companies. Their latest victim appears to be Motorola, as Apple mentioned, in a complaint over the Samsung lawsuit, that they (Apple) had filed a patent suit against Moto for the design of the Xoom, claiming that it infringed on their patents.
Apple Wins Court Injunction against Samsung Galaxy Tab shipments across EU http://legal.tmcnet.com/topics/legal/articles/207181-apple-wins-court-injunction-against-samsung-galaxy-tab.htm
http://www.news24.com/SciTech/News/Samsung-Apple-battle-in-Dutch-court-20110811
http://ca.reuters.com/article/technologyNews/idCATRE77A6IN20110811
http://www.bnet.com/blog/technology-business/apples-ipad-may-depend-on-tablet-rival-samsung-which-apple-of-course-is-suing/12272
http://www.computerworld.com/s/article/9219024/German_court_s_ruling_may_pose_long_term_concerns_over_Android_?taxonomyId=88&pageNumber=2
http://jan.wildeboer.net/2011/08/apple-v-samsung-in-eu-some-thoughts-but-ianal/
http://www.vancouversun.com/business/technology/Apple+uses+courts+time+secure+iPad+market+share/5233691/story.html
http://apcmag.com/Content.aspx?id=8033
http://www.dw-world.de/dw/article/0,,15307069,00.html
http://www.forbes.com/sites/parmyolson/2011/08/10/will-apples-ban-make-the-galaxy-tab-more-attractive/
http://www.netbooknews.com/32506/actually-looked-at-the-apple-patent-they-could-stop-anyone-from-building-a-tablet/
http://www.zdnet.com/blog/mobile-news/apple-injunctions-against-similar-looking-tablets-just-beginning/3703
http://news.cnet.com/8301-27076_3-20090327-248/samsung-blindsided-by-apples-eu-tablet-injunction/
http://www.pcworld.com/article/238047/apple_offers_flawed_evidence_in_lawsuit_against_samsung.html
http://www.pcmag.com/article2/0,2817,2391056,00.asp
When Startups Fail, Investors Recoup by Selling Patents http://www.wired.com/epicenter/2011/08/startups-fail-sell-patents/
LG Electronics, Sony Settle Patent Disputes http://online.wsj.com/article/SB10001424053111904006104576501361690377264.html
LG Electronics Co. and Sony Corp. said Thursday they have settled patent-infringement lawsuits covering digital television sets, Blu-ray players and mobile handsets and agreed to cross-license each others' patents covering the electronic devices.
Patently Obvious: Pitiful Patent System Has to Go http://blog.laptopmag.com/patently-obvious-pitiful-patent-system-has-to-go
Hachette Deal Bolsters Google's E-Book Project http://www.courthousenews.com/2011/08/10/38882.htm
A deal with France's largest publisher has given hope to Google's e-book library project, which has faced daunting legal hurdles since its inception in 2004. The agreement, signed by Hachette Livre and Google last week, will digitalize tens of thousands of French-language titles, including out-of-print books.
Sites That Link to Illegal Downloads Aren't Liable (Spain) http://www.courthousenews.com/2011/08/09/38853.htm
In what may prove a landmark decision for European copyright law, the Barcelona Court of Appeals ruled that websites that simply provide links to copyright-infringing content are not liable for illegal downloads.
Indicia of Extortion – Federal Circuit Slams Patent Troll http://ipwatchdog.com/2011/08/04/indicia-of-extortion-federal-circuit-slams-patent-troll/id=18568/
Google Steps Up to Defend Android Developers From Patent Lawsuit http://www.wired.com/gadgetlab/2011/08/google-android-lodsys-patent/
Righthaven rocked, owes $34,000 after "fair use" loss http://arstechnica.com/tech-policy/news/2011/08/righthaven-rocked-owes-34000-after-fair-use-loss.ars
Pending Reexamination has Major Effect on Injunction Decision http://www.whda.com/blog/2011/08/pending-reexamination-has-major-effect-on-injunction-decision/#more-2634
The Great Patent Bubble of 2011 http://www.huffingtonpost.com/brian-kahin/technology-patents-today_b_923922.html
The value of these patents is not in the technology. These prices are being paid for the power to block others from using technology they have developed independently. Or for the power to block others from blocking you by threatening to block them from using their technology -- "assertion" and "counter-assertion. "
Protecting Freedom In The Patent System http://www.youtube.com/watch?v=d0chez_Jf5A
Undeserved patents injure the public because they can be used by private actors to preclude activity that would otherwise be permissible, if not desirable. This causes prices for goods to be artificially high, the advancement of science to be thwarted, and civil liberties to be inappropriately restrained.
***** Applications/Gadgets
Review: Piwik Analytics Software http://linuxaria.com/article/review-piwik-analytics?lang=en
Play DotA clone Heroes of Newerth on Linux Natively For Free http://www.cahilig.net/2011/07/31/play-dota-clone-heroes-newerth-linux-natively-free
Twitter to open source Hadoop-like tool http://www.reuters.com/article/2011/08/05/idUS250289487220110805
Attention webscale aficionados, Twitter says it is planning to open source Storm, its Hadoop-like real-time data processing tool. In a blog post Thursday, the microblogging network said it plans to release the Storm code on Sept. 19 at the Strange Loop event in St. Louis, Mo.
Linux users can now read Kindle ebooks on their desktop with Amazon Cloud Reader http://techlaze.com/2011/08/linux-users-kindle-cloud/
***** Reports
Google Acquiring Motorola Mobility for $12.5 Billion http://www.enterprisemobiletoday.com/features/article.php/3938576/Google-Acquiring-Motorola-Mobility-for-125-Billion.htm
http://twitter.com/johndrinkwater/status/103143036724326400
http://googleblog.blogspot.com/2011/08/supercharging-android-google-to-acquire.html
http://www.chicagotribune.com/business/sns-rt-us-media-motorolapatentstre77f20110815,0,190.story
http://investor.google.com/releases/2011/0815.html
http://www.google.com/press/motorola/quotes/
http://gigaom.com/2011/08/15/guess-who-else-wanted-to-buy-motorola/
http://www.patentlyo.com/patent/2011/08/googles-purchase-of-motorola-mobility.html
http://www.bloomberg.com/news/2011-08-15/apple-google-duel-over-mobile-supremacy-drives-patent-lawyer-demand-tech.html
http://dealbook.nytimes.com/2011/08/15/google-to-buy-motorola-mobility/?hp
http://www.ibtimes.com/articles/197141/20110812/patent-tablet-iphone-ipad-sue-lawsuit-apple-google-samsung-ip.htm
Chowdhry noted that Google will get approximately 16,000 Motorola Mobility patents as part of the acquisition. He noted that Google could probably be able to use these patents to indemnify other Android Partners against various IP infringements.
Canonical Expands Ubuntu Partnerships with Game Developers http://www.thevarguy.com/2011/08/04/canonical-expands-partnerships-with-game-developers/
Doom 3 source code to be open sourced by the end of the year http://sociable.co/2011/08/06/doom-3-source-code-to-be-open-sourced-by-the-end-of-the-year/
Carmack made the announcement almost as a throw-away line during his 80 minute keynote address on Friday. In the address Carmack lamented that developments in graphic processing and the professionalisation of the game development process had been at the cost of the mod community, who are now less involved in creation the process.
A Guide to Open Source Licensing http://ostatic.com/blog/a-guide-to-open-source-licensing
In this post, you'll find our updeated collection of all the things you need to know to make an informed open source license decision.
Red Hat Brings Java EE 6 to OpenShift Cloud http://www.serverwatch.com/news/article.php/3938416/Red-Hat-Brings-Java-EE-6-to-OpenShift-Cloud.htm
Red Hat (NYSE:RHT) sees opportunity in providing an integrated platform as a service (PaaS) offering for the cloud that enables Java development. To that end, Red Hat today announced that its JBoss Application Server 7 is now integrated with the OpenShift PaaS, providing an easy on-ramp to the cloud for Java.
Novell and Nortel Patent Sales Boost Linux Group Membership http://www.datamation.com/news/novell-and-nortel-patent-sales-boost-linux-group-membership.html
http://www.zdnet.com/blog/open-source/cisco-and-twitter-join-linux-patent-protection-pool/9372
As to why growth was faster in the first quarter, the reason has to do with an event that caused many organizations to consider their patent positions.
Microsoft to Release Hadoop Connectors for SQL Server, Parallel Data Warehouse http://www.enterpriseappstoday.com/data-management/hadoop-sql-server-data-warehouse.html
A TechNet blog by Microsoft's SQL Server Team detailed the company's plans to release a community technology preview (CTP) of two new Hadoop connectors: one for SQL Server and one for the Parallel Data Warehouse (PDW) solution.
Linux on mainframe, alive, kicking and doing rather well http://www.computerweekly.com/blogs/open-source-insider/2011/08/linux-on-mainframe-alive-kicking-and-doing-rather-well.html
CA has highlighted the opportunity that Linux brings to deliver lower cost IT infrastructures during these lean times. As part of this, ancillary/complementary mainframe technologies such as workload automation form a key part of this technology's advantage.
Extending our Reach: Many Layers of User Sovereignty http://blog.lizardwrangler.com/2011/08/04/extending-our-reach-many-layers-of-user-sovereignty/
Motorola Reminds World That The Best Patent Defense Can Be A Good Offense http://paidcontent.org/article/419-motorola-reminds-world-that-the-best-patent-defense-can-be-a-good-offen/
http://allthingsd.com/20110811/motorola-mulling-patent-offensive/?refcat=news
We have a very large IP portfolio, and I think in the long term, as things settle down, you will see a meaningful difference in positions of many different Android players. Both, in terms of avoidance of royalties, as well as potentially being able to collect royalties. And that will make a big difference to people who have very strong IP positions.
All Your BASH Are Belong To Us http://www.clustermonkey.net//content/view/308/1/
Many Linux/Unix programmers are not aware that a battle over Bash scripts is currently raging in a Kansas courtroom. A Linux cluster vendor, Atipa Technologies is claiming all the Bash scripts they shipped to customers contain trade secrets and were stolen by former employees. Should this issue be decided in Atipa's favor, the fundamental idea of shared and open software could be blanketed by the simple claim of trade secrets. [OSL: probably not the end of the world as we know it]
Amazon Escapes The App Trap Too http://blogs.computerworlduk.com/simon-says/2011/08/amazon-escapes-the-app-trap-too/index.htm
You may remember in June I commented on how the Financial Times had decided to opt out of Apple's sharecropping App Store scheme for publishers. If you followed the links in the last sentence you will have noticed I expected Amazon to be the next to opt out, choosing to keep the revenue from the Kindle out of Apple's undeserving hands.
Motorola CEO 'Open' to Windows Phone Relationship http://www.pcmag.com/article2/0,2817,2390789,00.asp
But Jha stopped short of finishing his thought: "Let me cut the words down to the following: focus today is Android. "
Attack targeting open-source web app keeps growing http://www.theregister.co.uk/2011/08/13/oscommerce_infection_threatens_web/
He said a fix has been available since November's release of osCommerce Online Merchant v2. 3. The steadily climbing number of infected webpages suggests that a large percentage of osCommerce websites can't be bothered to install it. And that means people visiting those ecommerce websites are being unnecessarily exposed to attacks.
Westinghouse Sanctioned in Case Over Open Source http://www.courthousenews.com/2011/08/12/38954.htm
Open-source software developers convinced a federal judge to impose sanctions on Westinghouse Digital LLC for failing to respect their copyright.
***** Snippets
Despite successes, FLOSS still misunderstood, villainized http://www.itworld.com/it-managementstrategy/190511/despite-successes-floss-still-misunderstood-villianized
How open is Google's Android? http://www.zdnet.com/blog/open-source/how-open-is-googles-android/9357
Linux 3.1 rc1 http://www.linuxtoday.com/developer/2011080801141NWKNSM
Can you be open source and not open source? http://www.networkworld.com/community/node/77342
Nouveau GeForce 400/500 Fermi Driver On Linux 3.1 http://benchmarkreviews.com/index.php?option=com_content&task=view&id=16042&Itemid=23
Linux Australia readies conference code of conduct http://www.itnews.com.au/News/266084,linux-australia-readies-conference-code-of-conduct.aspx
Arduino Open-Source Controller Platform Gains Ground http://www.designnews.com/author.asp?section_id=1386&doc_id=232004&f_src=designnews_gnews
OSCON Round-up http://blogs.computerworlduk.com/simon-says/2011/08/oscon-round-up/index.htm
Ensemble meets Hadoop on the cloud http://cloud.ubuntu.com/2011/08/ensemble-meets-hadoop-on-the-cloud/
Open Source: Pondering the Linux GUI http://blog.eracc.com/2011/08/08/open-source-pondering-linux-gui/
Open source solutions gaining acceptance in enterprise projects http://www.techjournalsouth.com/2011/08/open-source-solutions-gaining-acceptance-in-enterprise-projects/
LibreOffice vs. OpenOffice.org: Showdown for Best Open Source Office Suite http://olex.openlogic.com/wazi/2011/libreoffice-vs-openoffice-org-showdown-for-best-open-source-office-suite/
Does Loving Linux Make Us Dislike Windows? http://www.datamation.com/open-source/does-loving-linux-make-us-dislike-windows-1.html
Open Sesame With Your Source http://technorati.com/technology/it/article/open-sesame-with-your-source/
Do Developers Prefer Mac to Linux? http://www.internetnews.com/blog/skerner/macvslinux.html
Four Steps Toward a Successful Open Source Project http://olex.openlogic.com/wazi/2011/four-steps-toward-a-successful-open-source-project/
A foundation for the desktop – one apple, two ideas http://www.h-online.com/open/features/A-foundation-for-the-desktop-one-apple-two-ideas-1318177.html
Atom Zombie Smasher is Now Available in Ubuntu Software Center http://www.ubuntuvibes.com/2011/08/atom-zombie-smasher-is-now-available-in.html
Report Cites Lack of Open Source Skills As a Barrier in Enterprises http://ostatic.com/blog/report-cites-lack-of-open-source-skills-as-a-barrier-in-enterprises
CloudSwing Allows You to Assemble Open-source Cloud Stacks http://www.pcworld.com/businesscenter/article/237843/cloudswing_allows_you_to_assemble_opensource_cloud_stacks.html
Community: A Visit from the Ghost of Linux Future http://www.linuxinsider.com/story/A-Visit-from-the-Ghost-of-Linux-Future-73051.html
Will Linux miss its big desktop shot? http://www.itworld.com/it-managementstrategy/192173/will-linux-miss-its-big-desktop-shot
Shuttleworth Takes Note of the Cloud, and Mobile Computing http://ostatic.com/blog/shuttleworth-takes-note-of-the-cloud-and-mobile-computing
Top 10 Things Linux Users Don't Understand http://fossforce.com/2011/08/top-10-things-linux-users-dont-understand/
OSS not ideal for niche, specialized apps http://www.zdnetasia.com/oss-not-ideal-for-niche-specialized-apps-62301618.htm
Despite critics, Chromebooks prove their business mettle http://www.infoworld.com/d/open-source-software/despite-critics-chromebooks-prove-their-business-mettle-169664
Red Hat CFO is upbeat http://blogs.newsobserver.com/business/red-hat-cfo-is-upbeat
Android and iOS both fail, but Android fails better http://www.guardian.co.uk/technology/2011/aug/09/technology-failure-more-important-than-success
Company Claims Patents On Generating A Map From A Database; Getting Real Estate Industry To Pay http://www.techdirt.com/articles/20110805/16234115415/company-claims-patents-generating-map-database-getting-real-estate-industry-to-pay-up.shtml
Google's Chrome operating system gets a much needed update http://www.zdnet.com/blog/open-source/googles-chrome-operating-system-gets-a-much-needed-update/9388
Canonical Brings Ubuntu One to Apple iPhone http://www.datamation.com/open-source/canonical-brings-ubuntu-one-to-apple-iphone.html
XtreemFS 1.3.0 release candidate arrives with new licence http://www.h-online.com/open/news/item/XtreemFS-1-3-0-release-candidate-arrives-with-new-licence-1322227.html
Microsoft disregards Linux as threat. Big mistake. http://www.itworld.com/mobile-wireless/192879/microsoft-disregards-linux-threat-big-mistake
Free Software and homeschooling: reports from the trenches http://stop.zona-m.net/2011/08/free-software-and-homeschooling-reports-from-the-trenches/
Ultimate Edition 3.0 "Gamers" Released http://ostatic.com/blog/ultimate-edition-3-0-gamers-released
Linux 3.1 rc2 http://article.gmane.org/gmane.linux.kernel/1179341
Corporate desktops and Ubuntu http://www.markshuttleworth.com/archives/738
Android foes still beating GPL non-compliance drum http://www.itworld.com/mobile-wireless/193751/android-foes-still-beating-gpl-non-compliance-drum
Chrome 14 Brings Native Code to the Web http://www.webmonkey.com/2011/08/chrome-14s-native-client-brings-cc-to-the-web/
---
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