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Christoph Hellwig Continues VMware GPL Enforcement Suit in Germany

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Legal

The lawsuit continues to progress. VMware has filed a statement of defense, in which they assert arguments for the dismissal of the action. Christoph, with the assistance of his lawyer Till Jaeger, has filed his response to these arguments. Unfortunately, VMware has explicitly asked for the filings not to be published and, accordingly, Conservancy has not been able to review either document. With the guidance of counsel, Christoph was able to provide Conservancy with a high-level summary of the filings from which we are able to provide this update. VMware's statement of defense primarily focuses on two issues. First, VMware questions Christoph's copyright interest in the Linux kernel and his right to bring this action. Second, VMware claims vmklinux is an “interoperability module” which communicates through a stable interface called VMK API.

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GNU/FSF/SFLC News

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GNU
Legal
  • 30 Years of Free Software Foundation: Best Quotes of Richard Stallman
  • GNU Spotlight with Brandon Invergo: Sixteen new GNU releases!

    16 new GNU releases in the last month (as of September 24, 2015):

    autogen-5.18.6
    cpio-2.12
    ddrescue-1.20
    gdb-7.10
    gettext-0.19.6
    global-6.5.1
    gnupg-2.1.8
    gnutls-3.4.5
    help2man-1.47.2
    libgcrypt-1.6.4
    libmicrohttpd-0.9.43
    libtasn1-4.7
    linux-libre-4.2-gnu
    parallel-20150922
    sipwitch-1.9.10
    ucommon-6.6.0

  • [FSFE PR][EN] FSFE convinces 1125 public administrations to remove proprietary software advertisements

    The campaign began in 2009 with the intent of removing advertisements for proprietary PDF reader software from public institutions' websites. To start it all off, volunteers submitted 2104 "bugs", or instances of proprietary PDF software being directly promoted by public authorities, and the FSFE listed[2] them online. Since then, hundreds of Free Software activists took action by writing to the relevant public institutions and calling for changes to their websites. We received a lot of positive feedback from the institutions thanking us for our letters, and to date, 1125 out of the 2104 websites (53%) edited their websites by removing links to proprietary PDF readers, or adding links to Free Software PDF readers.

  • GLib now has a datagram interface

    For those who like their I/O packetised, GLib now has a companion for its GIOStream class — the GDatagramBased interface, which we’ve implemented as part of R&D work at Collabora. This is designed to be implemented by any class which does datagram-based I/O. GSocket implements it, essentially as an interface to recvmmsg() and sendmmsg(). The upcoming DTLS support in glib-networking will use it.

  • SFLC Files Comment with FCC Arguing Against Overbroad Rules Prohibiting User Modification of Software on Wireless Devices

    On Friday, October 9th, 2015 the Software Freedom Law Center (SFLC) submitted a comment with the United States Federal Communications Commission, which has proposed a number of revisions to its rules and regulations concerning approval of wireless devices. Notice of Proposed Rule Making, ET Docket No. 15-170. SFLC takes the position that the Commission does not possess the legal authority to adopt a rule that regulates the software running in devices that does not affect the operation of RF transmitters or create interference. SFLC further argues that, even within the scope of the Commission's regulatory jurisdiction, the Commission must tread carefully to avoid over-regulating radio frequency device software to the detriment of user innovation and after-market software modification. SFLC also urges the Commission to issue a policy statement (1) supporting the use of community developed or free software in networking devices; (2) recognizing the overwhelming social benefits generated from the high-quality software produced by non-profit communities; and (3) stating that preferring proprietary software over software whose source code is publicly available does not meaningfully enhance the security of software.

The importance of community-oriented GPL enforcement

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OSS
Legal

The Free Software Foundation and Software Freedom Conservancy have released a statement of principles on how GPL enforcement work can and should be done in a community-oriented fashion. The president of the Open Source Initiative, Allison Randal, participated as a co-author in the drafting of the principles, together with the leadership of FSF and Conservancy.

The Open Source Initiative's mission centers on advocating for and supporting efforts to improve community best practices, in order to promote and protect open source (founded on the principles of free software). While the OSI's work doesn't include legal enforcement actions for the GPL or any of the family of licenses that conform to the Open Source Definition, we applaud these principles set forth by the FSF and Conservancy, clearly defining community best practices around GPL enforcement.

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Open Access (Textbooks/Commons)

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OSS
Legal

Lawyers Versus FOSS Licensing

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OSS
Legal
  • Startups, Know This About Open Source Before Incorporating It into Your Products

    The use of open source to develop new software products is widespread among technology startups, to the point that there are over 25 million repositories on GitHub, over 430,000 projects on SourceForge and over 21 billion lines of indexed and searchable open source code on the Black Duck Open Hub. Technology startups use open source in three main ways:

  • Open source software: What you don’t know could hurt you

    The most significant aspect of the GPL is that it requires users of open source code who incorporate that code into their own programs and then distribute those programs, to make both the pre-existing source code and the source code for the new work available to recipients of the new software. This requirement arises when the new work is derived from or based upon the pre-existing code.

CC BY-SA 4.0 now one-way compatible with GPLv3

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GNU
Legal

Put simply this means you now have permission to adapt another licensor’s work under CC BY-SA 4.0 and release your contributions to the adaptation under GPLv3 (while the adaptation relies on both licenses, a reuser of the combined and remixed work need only look to the conditions of GPLv3 to satisfy the attribution and ShareAlike conditions of BY-SA 4.0).

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A decade of Linux patent non-aggression: The Open Invention Network

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Linux
OSS
Legal

One reason why Linux weathered patent attacks and trolls to become today's dominant server and cloud operating system is because the Open Invention Network united its supporters into a strong patent consortium.

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EU digital policy moves into public comment phase

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OSS
Legal

While these issues play out and garner the most attention, it is essential to view the consultations as an important opportunity to emphasize to policy makers that open source is where innovation is happening and that the policies they shape going forward need to acknowledge and embrace this reality. All who share this view need to make their voices heard.

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Why the software world needs a 'no-fly zone' for patents

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Linux
Legal

The idea, essentially, is to acquire patents covering key technologies and license them royalty-free to participating members. In exchange, those participants agree not to assert their own patents against Linux and Linux-related systems and applications within that core area.

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Patents and Peace: Are the Microsoft-Linux Wars Over?

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GNU
Linux
Microsoft
Legal

That's the question Roy Schestowitz, a longtime advocate of open source software, asks in a recent blog post. His answer is a resounding "no."

Despite the declaration by Microsoft CEO Satya Nadella earlier this year that "Microsoft loves Linux," Schestowitz points out, the company still seems to be funding patent cases involving open source software.

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More in Tux Machines

OpenBSD Gets Mitigated For Meltdown CPU Vulnerability

  • OpenBSD Gets Mitigated For Meltdown CPU Vulnerability
    A few days back FreeBSD 11 stable was mitigated for Meltdown (and Spectre vulnerabilities), which came more than one month after these nasty CPU vulnerabilities were disclosed while DragonFlyBSD was quickly mitigated and the first of the BSDs to do so. While OpenBSD is known for its security features and focus, only today did it land its initial Meltdown mitigation.
  • Meltdown fix committed by guenther@

    Meltdown mitigation is coming to OpenBSD. Philip Guenther (guenther@) has just committed a diff that implements a new mitigation technique to OpenBSD: Separation of page tables for kernel and userland. This fixes the Meltdown problems that affect most CPUs from Intel. Both Philip and Mike Larkin (mlarkin@) spent a lot of time implementing this solution, talking to various people from other projects on best approaches.

    In the commit message, Philip briefly describes the implementation [...]

France Proposes Software Security Liability For Manufacturers, Open Source As Support Ends

It sometimes seems as though barely a week can go by without yet another major software-related hardware vulnerability story. As manufacturers grapple with the demands of no longer building simple appliances but instead supplying them containing software that may expose itself to the world over the Internet, we see devices shipped with insecure firmware and little care for its support or updating after the sale. The French government have a proposal to address this problem that may be of interest to our community, to make manufacturers liable for the security of a product while it is on the market, and with the possibility of requiring its software to be made open-source at end-of-life. In the first instance it can only be a good thing for device security to be put at the top of a manufacturer’s agenda, and in the second the ready availability of source code would present reverse engineers with a bonanza. Read more

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