Free Software and law related links 11.VII.2011 - 18.VII.2011

2011
18
July

In this week’s update the biggest news is probably IBM promising to give its source code to Lotus Symphony to the Apache Foundation (Free Software Licensing).

Interesting turn of events is also W3C wanting to invalidate Apple’s Widget patents (Software Patents) as well as a blog post about trademarks in Free Software (Other interesting links).

I would again like to thank Natalia for her help with this issue and at the same time excuse both of us for not producing the next week’s edition. After that it will be business as usual again.

Free Software Licensing

The plot thickens as IBM decides to give the source code of its (OOo-based) Lotus Symphony office suite to Apache Foundation. What seems now is that OpenOffice.org (under an Apache license) has IBM’s blessing, while LibreOffice (under LGPLv3 or later) will by the favourite of the Free Software community.

Project Harmony continues to be featured in the media next week.

Software Patents

H-online: To defend Android… …Google must attack software patents

AllThingsD: W3C Wants to Invalidate Apple’s Widget Patents

The Inquirer: Nortel patents haul is sold to Apple, Microsoft and others

OpenSource.com: Bilski’s growing up, and smacking down some bad software patents

Government and Free Software Policies

Stop!: Vendola, Puglia and Free Software: communication struggles and unanswered questions

OSOR: TN: Head of National Digital Certification Agency aims to give open source community a say

Other interesting links

The Register: Google sets up 13m academic legal institute in Berlin

The Next Web: Google to fund new research into how the Internet affects society

ECJ: L’Oreal v eBay

Technollama: Intermediary liability: because you’re worth it (L’Oreal v eBay)

Kluwer Copyright Blog: An American Perspective on the SAS v. WPL Case

Microsoft updates the Hyper-V driver in the Linux kernel.

In this week’s EDRi-gram there’s news like: EP discussions on international agreements on passenger name records, Internet blocking stopped in Italy (for now), EP Hearing “Copyright and Intellectual Property in the Digital Age”, Perspectives of Internet blocking in UK following US model.

Neelie Kroes, EC: Researching Romania’s digital revolution

Neelie Kroes, EC: Working with businesses to deliver the internet revolution

hook out → yay, office supplies arrived! :D

Free Software and law related links 4.VII.2011 - 10.VII.2011

2011
11
July

Although it was a relatively uneventful week, probably the biggest news item from the past week is Microsoft (anew) using the tried and tested method of a huge patent portfolio to bully other companies into paying them just to go away (Software patents).

On licensing we have some interesting news: Project Harmony just launched 1.0 and CERN just launched its Open Hardware License 1.1 and Open Hardware Repository (both Free Software Licensing).

A interesting and fun find was the Illustrated Law Journal, which uses Free licenses and illustrations to make legal questions more understandable (Other interesting links).

I would again like to thank Natalia for the great help with gathering of these articles and links. oftware Licensing

Project Harmony just launched version 1.0 of its contributor agreement templates. Project Harmony is tackling the tricky ground of contribution agreements and copyright assignments, trying to make these more understandable an easily managable. Since copyright assignments can be quite a touchy subject, some dissenting opinions are also present.

CERN launches Open Hardware Repository and Open Hardware License [CERN OHL], granting all freedoms of Free Software, only on a hardware level. It includes a reasonable patent clause as well as copyleft.

Software Patents

Washington Post: Antitrust officials probing sale of patents to Google’s rivals

Debian: Community Distribution Patent Policy FAQ

Electronista: Canada investigating Nortel patent selloff

Slightly Right of Centre: When the sum of the parts is way more than the whole

Microsoft has (again) started to use patents to bully companies who make Android-based devices. Below is a collection of interesting articles, which the light of these recent events reflect upon the importance and implications of (software) patents.

More news on Oracle vs. Google:

Government and Free Software Policies

The Register: NHS told: freeze all Microsoft spend

Free Software Business

The Inquirer: Microsoft open sources code to calm WiFi snooping fears

451 CAOS Theory: The rise, fall and reality of commercial open source

ComputerWorldUK: Investing In Open Source

Copyright and Other Legal Act Reforms

ArsTechnica: “Massive infringement” case against CNET dropped

EFF: It’s Back: WIPO Broadcasting Treaty Returns From The Grave

Open Standards

ArsTechnica: Samsung releases code of WebCL implementation for WebKit

Other interesting links

Technollama: The revolution will be webcast

Techdirt: Shouldn’t Free Mean The Same Thing Whether Followed By ‘Culture’ Or ‘Software’?

Networkworld: Anti-rantifesto: Why free software and free culture aren’t the same

Wobbing: EU: Parliament holds back ACTA documents

Neelie Kroes, MEP: Every woman digital – plugging the ICT skills gap

IP Justice: What does it mean for ICANN to act in the public interest?

hook out → going out for a nice walk with my GF

Free Software and law related links 27.VI.2011 - 3.VII.2011

2011
5
July

A new week and we’re back on track.

Yet again, I would like to thank Natalia for the great help with gathering of these articles and links.

Amongst the things I would like to point out for you this week is an interesting find by the 451 Group that lately many companies are omitting “open source” as the term to describe their business (see Free Software Business section). Why this is so they might (try to) explain in the near future.

As there really seems not a week can pass without software patent disputes, I would like you to check out the newest happenings in the Oracle vs. Google case and who won the bid of Nortel’s massive patent portfolio (both in Software Patents section). While you’re at it, I would warmly suggest that you also read Bessen’s Generation of Software Patents.

ACTA and it’s successor TPPA were also present this week as you can see below in the Copyright and Other Legal Act Reforms section.

If you’ve ever wondered how the law in another country handles Free Software and related issues, look no further. The great experts who are doing the IFOSSLR journal, have written (and are continuing to write!) the IFOSSLB book — this should be a handy reference to anyone who has to do with legal aspects of Free Software (Free Software Licensing section).

Free Software Licensing

As you probably have already known, the same people who thought of the IFOSSLR have also published the IFOSSLB — an e-book that gives a clear yet thorough analysis of Free Software legal matters by different legal systems, written and maintained by local experts, and by inviting everyone to assist in improving or expanding the content.

Free Software Business

Interesting post about how in the past year many companies have stopped using the term “open source” to identify themselves with it.

Rumour has it a first serious Android-based OS is getting started in China.

Software Patents

Groklaw: SCO v. Novell: Oral Argument at the Appeals Court

Interesting balanced compilation of literature on software patents.

Groklaw reports more information on the Oracle vs. Google patent case re Java-like code in Android. In short, the number of patent claims has been narrowed down, as well as (a lower) cap on damages is being negotiated. Glyn Moody analyses these recent events with the help of the above-mentioned Bessen’s paper.

The bid for Nortel’s vast patent portfolio (including new wireless technology) has been won by a group consisting of Apple, EMC, Ericsson, Microsoft, RIM and Sony. Reuters offers a nice review of how the bidding went. A joint hearing of U.S. and Canadian courts will be held on 11th of July which will either approve or disapprove the winning bid.

In the messy patent battle between Apple and Samsung, Samsung decides to drop one of its countersuits

New Zealand OS Society: No Opposition to Software Patent Exclusion from NZ Software Companies

Open Standards

H-online: The rise and fall and rise of HTML

Government and Free Software Policies

Mark Mcguire: NZ Government adopts Creative Commons licences

OSOR: OSOR forge now hosts nearly 2500 projects for public administrations

OSOR: CH: Geneva abandoning its open source email and office strategy

OSOR: NL: Half of all public administrations have open source strategy

After quite some FUD lately, it’s refreshing to hear again positive press about its endavour. I’m quite confident you already know this, but just in case it bares repeating, that Munich is not just switching to Free Software and Open Standards, but at the same time cleaning its basement of all unneeded cruft, legacy solutions, updating the infrastructure and unifying it. Now, that’s a lot to chew on, and from what I hear, they’re doing just fine.

OSOR: PT: Consensus among political parties on open source and open standards in the Public Administration

OSOR: Swiss MP wants administrations to dispel misconceptions open source

EY, Switzerland: Publication ‘Open source software in mission-critical applications’ [German]:

Copyright and Other Legal Act Reforms

Creative Commons: The Open Society Foundations encourage grantees to use CC licenses

TechDirt: Did Mexico Pull Out Of ACTA For Real? For Now, Yes, But Maybe Not For Long

Knowledge Ecology International: Notes from the Seventh Round of TPPA Negotiations in Vietnam

Other interesting links

After Wolfram with its Alpha and now the Chinese Baidu search engine is partnering up with Microsoft’s Bing.

In the latest edition of EDRi-gram, there’s interesting things evolving in the Scandinavian region: on one hand the Netherlands have become the first EU country to launch net neutrality, on the other though it is reported that anonymous internet usage may not be possible anymore in Denmark. Amongst other news there’s a new draft law for data retention in Romania and the EU-US PNR agreement has been found incompatible with human rights

Christian Engström, MEP: The net blocking slope starts to get slippery

Neelie Kroes, EC: I propose a “Compact for the Internet”

hook out → first week as FSFE Legal Coordinator :]

Free Software & law related links 20.VI.2011 - 26.VI.2011

2011
26
June

First of all I would like to apologise for yet another late Legal News Update. But things I could not ignore were stealing my time — amongst others were the FSFE GA, which I had to cover the logistics for, and a lot of work in relation to some major change.

For this edition I received immense help from Natalia Evdokimova, regarding gathering and initial evaluation of the articles. If all goes well (and it seems like it) we will cooperate on this in the future as well.

If I would have to select the three most important happenings of the past week, it would be: governments considering Creative Commons licenses (under Free Licensing), the overview of Nortel’s portfolio sale, and last, but by no means least the AVM case (in Free Software Business).

Free (Software) Licencing

With more and more governments deciding to release (some of) its content under a CC license, the question arises: Is CC enough or should this content be in public domain? Personally, I would argue that such content and data should be in public domain. It follows simple logic that if it is in public interest and is paid by public funding it should be in the public domain.

Software Patents

A nice overview about the very sought after Nortel’s patent portfolio sale. Google is being the “stalking horse” in this bid for probably the biggest patent portfolio in the mobile phone business. It’s a very non-lawyer friendly article. - paidContent: FAQ: What You Need To Know About Monday’s Mobile Patent Auction

Glyn Moody uses the above as an example to underline why (software) patents should be abolished. Interesting to see Microsoft involved here. - Computerworld UK, Glyn Moody’s blog: Software Patents: Do as You Would be Done By

Falkvinge: Ten Myths About Patents

Xiph.com has written a response to the US FTC’s Request for Comments and Announcement of Workshop on Standard-Setting Issues. In it they explain nicely the threat that patents pose to standards.

BitTorrent sued for patent infringement.

The Register: Nokia takes hit in High Court priority-calls patent battle,

The Register: Wireless networking without paying The Man, man,

Groklaw: Oracle v. Google - Posturing Over Damages

Open Standards

Computerworld UK, Glyn Moody’s blog: Interoperability and Open Standards: Help Make It Happen

Government and Free Software Policies

OSOR: HU: Government planning to use vendor-independent document format,

OSOR: DE: Updated vendor independent e-ID application based on open source

Netzpolitik: UNESCO-Kommission will Nutzung offener Lizenzen fördern

Computer weekly: UK Government cancels SME contracts and hands IT services deals to Capita

OSOR: Open process and vendor independence dearest to public administrations

Free Software Business

H-online: LexisNexis joins Linux Foundation, open sources HPCC platform,

100%open: Open Business Models

AVM — who makes Linux-based DSL routers — is suing Cybits — who makes child protection filters — that they are infringing on AVM’s copyright because they are modfying the GPLv2-licensed software on their routers’ firmware. The outcome of this case could have profound implications on Free Software and related freedoms. FSFE maintains a very useful summary of the whole procedure and Harald Welte’s blog posts are also a great commentary to the case.

FreeGamer: Some thoughts on commercial FOSS game development

Copyright and Other Legal Act Reforms

Ars technica: Can Microsoft use the DMCA to kill competing Xbox 360 accessories?

TorrentFreak: Ireland Set To Force ISPs To Disconnect Pirates

KEI online: KEI Statement in opposition to a WIPO Treaty for Broadcasting Organizations

Other interesting links

Pam Chestek reviews some of Righthaven’s copyright trolling business.

Google will digitise 250 K books (in public domain) from the British library.

hook out → back on track :]

Freedom Party in Ljubljana, Slovenia

2011
6
June

Come and celebrate your freedom in Ljubljana! During FSFE’s annual strategy retreat in Slovenia’s capital, Free Software fans will party with the members of FSFE’s General Assembly and our executive at Kiberpipa OpenStreetMap. Starting at 21:00, we will enjoy a lively exchange of ideas over drinks and beats.

Please drop us a line to president-assist@fsfeurope.org to let us know you’re coming. See you there!

hook out → I’ll be there

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