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Legal

Oracle Embargoes FLOSS (Java)…

Filed under
OSS
Legal

So, Oracle is pushing the limits but apparently is legally doing so. Whether FLOSS can legally be embargoed by government is beyond me. After all, the source is out there and can’t be put back in the bottle. Further, if every country in the world had a random set of embargoes against every other country in he world, FLOSS could not be international at all. That would be a crime against humanity. If Java, why not Linux, itself? If such embargoes apply, Russia, Iran, Cuba etc. could just fork everything and go it alone. They certainly have the population to support a thriving FLOSS community behind their own walls.

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On Navigating Laws and Licenses with Open Source Projects

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OSS
Legal

A few years ago, Red Hat CEO Jim Whitehurst made the prediction that open source software would soon become nearly pervasive in organizations of all sizes. That has essentially become true, and many businesses now use open source components without even knowing that they are doing so.
For these reasons and other ones, it is more important than ever to know your way around the world of laws and licenses that pertain to open source software. Leaders of new projects need to know how to navigate the complex world of licensing and the law, as do IT administrators. Here is our latest collection of resources to help you navigate in the arena of law and licenses.

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Bad Microsoft Android patents may lie behind Samsung lawsuit

Filed under
Android
Microsoft
Legal

Microsoft's wrestling match with Samsung may just be a contract fight, or it could be the beginning of a war over the validity of Microsoft's Android patents.

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Microsoft files Android patent-royalty suit against Samsung

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Android
Microsoft
Legal

Microsoft is seeking a ruling as to whether its acquisition of Nokia's handset and services business negates its intellectual-property licensing agreement with Samsung that dates back to 2011. Microsoft also is seeking unpaid interest from Samsung, resulting from the period of time last year when Samsung withheld patent royalties from Microsoft -- royalties which Samsung later paid.

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Lawsuit threatens to break new ground on the GPL and software licensing issues

Filed under
OSS
Legal

GPLv2 is one of the most widely used FOSS licenses, if not the most. It is the license for some of the most important and commercially valuable FOSS projects, including the Linux kernel, whose contributors include such uncomfortable bedfellows as Oracle and Google, Intel and AMD, and Cisco and Huawei. If XimpleWare is right, and a license under GPLv2 offers no protection from the licensor's patents, Linux would be a landmine for these companies, and really for any company with fewer patents than IBM.

Even without an explicit patent grant, lawyers advising businesses on FOSS issues generally agree that GPLv2 protects licensees (at least those in compliance with the license terms) from patent suits by licensors. This is because the law provides for an implied license (or judicial estoppel) where a licensor's conduct leads the licensee to believe it will not be sued, or where fairness otherwise demands that the licensor should be prevented from suing. Because the GPL encourages licensees to copy, modify, and distribute the licensed software—all conduct that would infringe any patents on the software absent a license—licensees can reasonably expect that the software's producers won't sue them for doing those things. (Adam Pugh and Laura A. Majerus of Fenwick & West discuss GPLv2's implied patent license in greater detail in this paper.)

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Tyler Livingston is one of the Licensing Team's summer intern

Filed under
GNU
Legal

Hello. I am a rising Third Year law student at SMU Dedman School of Law in Dallas, TX. I am working hard to master the technical aspects of law, electronics, and software. My current interests involve protecting individuals and investigating new technology, particularly in the communications field by utilizing licenses for authorship, art, and inventions. Prior to law school, I attained a bachelor's degree in History at the University of Texas at Dallas.

Licensing is where I began to be involved with free software; the FSF in particular utilizes a great strategy of working within the current licensing jurisprudence by using copyleft to support freedom and empowerment for users over their computers and software. My computer science skills are lacking, but I have worked with UNIX systems in the past and am now finally feeling comfortable enough to make a permanent switch to enjoy software on my own terms. Other interests include electronics and travel (with a trip planned to Eastern Europe later this year).

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FOSS & the IRS: Now We're Talking

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OSS
Legal

We've been watching with great interest this week as the travails of FOSS organizations with the US Internal Revenue Service have become a hot topic. When our client, Jim Nelson of Yorba, discussed blogging about the IRS rejection of Yorba's application for 501c3 status with us, we hoped but did not expect that the situation, to which we had discreetly called community and company attention for years, would finally receive some. We're very glad that's now happening. Unfortunately, it's really too late. Because of the long delays in determination imposed by the IRS in its increasingly anti-FOSS positioning, neither the full consequences of the IRS's present position nor the state of our legal technology in response can be seen from the materials currently under discussion.

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M-Cam casts doubts on Microsoft's Android patent portfolio

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Android
Microsoft
Legal

The company then assessed "Microsoft’s alleged Android portfolio and commercially scored the U.S. granted patents using M-Cam’s commercial asset underwriting systems. This assessment measured the commercial strength and transferability of each patent. Commercial patents are linked directly with cash flows and may have a basis for licensing."

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Open source's identity crisis

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Interviews
Legal

For Karen Sandler, software freedom isn't simply a technical matter. Nor is it a purely ideological one.

It's a matter of life and death.

Sandler, Executive Director of the non-profit Software Freedom Conservancy, says software freedom became personal when she realized her pacemaker/defibrillator was running code she couldn't analyze. For nearly a decade—first at the Software Feedom Law Center, then at the GNOME Foundation before Conservancy—she's been an advocate for the right to examine the software on which our lives depend.

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Qualcomm DMCA Notice Takes Down 100+ Git Repositories

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Development
Legal

Using the US Digital Millenium Copyright Act (DMCA), Qualcomm has forced GitHub to take down over 100 Git repositories on the basis of "Cyveillance has recently discovered the unauthorized publication, disclosure, and copying of highly sensitive, confidential, trade secret, and copyright-protected documents on the below web site. Specifically, we have confirmed that the documents whose locations and filenames identified below are confidential and proprietary to Qualcomm and were posted without Qualcomm’s permission."

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Ubuntu Touch OTA-14 Officially Released with Revamped Unity 8 Interface, Fixes

A few moments ago, we've been informed by Canonical's Lukasz Zemczak about the general availability of the long-anticipated Ubuntu Touch OTA-14 software update for Ubuntu Phone and Ubuntu Tablet devices. Read more Also: Ubuntu OTA-14 Released, Fixes A Number Of Bugs

Cloud convenience is killing the open source database

Open source has never been more important or, ironically, irrelevant. As developers increasingly embrace the cloud to shorten time to market, they're speeding past open source, making it even harder to build an open source business. After all, if open source were largely a way for developers to skirt legal and purchasing departments to get the software they needed when they needed it, the cloud ups that convenience to the nth degree. In Accel's annual business review, the vaunted venture capital firm writes: "'Product' is no longer just the bits of software, it's also how the software is sold, supported, and made successful." The cloud is changing the way all software is consumed, including open source. Read more

Why the operating system matters even more in 2017

Operating systems don't quite date back to the beginning of computing, but they go back far enough. Mainframe customers wrote the first ones in the late 1950s, with operating systems that we'd more clearly recognize as such today—including OS/360 from IBM and Unix from Bell Labs—following over the next couple of decades. Read more

OpenGov Partnership members mull open source policy

The Open Government Partnership (OGP) will suggest to its member governments to create a policy on open source. This week, a draft proposal is to be finalised at the OGP Global Summit in Paris. Read more