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Legal

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

Filed under
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

Filed under
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

Filed under
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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THE NEW 501(C)(3) AND THE FUTURE OF FREE SOFTWARE IN THE UNITED STATES

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Legal

I believe what the IRS is inadvertently requiring here is copyright assignment. Since Yorba does not require copyright assignment from our contributors, the IRS appears to think our software cannot be a public work.

Copyright assignment is controversial in the free software community. (A nice overview can be found here; the controversy up-close and in-person can be found here and here.)

I hope I’m wrong about this. I doubt they’re going to start enforcing this in the future for organizations that already enjoy exemption. If they do, it will be a royal mess for those projects having to contact every author of every non-trivial contribution and get them to sign over their rights. This is all a big if, of course.

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Something Rotten in the State of...Europe: the Unified Patent

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Legal

That's particularly the case for software patents, where the US experiences shows us how much damage trolls can cause. The UPC will open up Europe for software patent trolling on a massive scale.

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More in Tux Machines

Kernel and Graphics: ZenStates, AMDGPU, RADV, Vulkan, NVIDIA

  • ZenStates Allows Adjusting Zen P-States, Other Tweaking Under Linux
    ZenStates is an independent effort to offer P-States-based overclocking from the Linux desktop of AMD Ryzen processors and other tuning. ZenStates-Linux is an open-source Python script inspired by some available Windows programs for offering Ryzen/Zen CPU overclocking from the desktop by manipulating the performance states of the processor.
  • AMDGPU DC Gets A Final Batch Of Changes Before Linux 4.15
    The AMDGPU DC display code has a final batch of feature updates that were sent in this weekend for DRM-Next staging and is the last set besides fixes for the "DC" code for the 4.15 target.
  • Valve Developer Lands VK_EXT_global_priority For RADV Vulkan Driver
  • Vulkan 1.0.64 Adds In Another AMD-Developed Extension
    Vulkan 1.0.64 is out this weekend as the newest specification refinement to this high-performance graphics/compute API. As usual, most of the changes for this minor Vulkan revision are just documentation clarifications and corrections. This week's update brings just under a dozen fixes.
  • NVIDIA TX2 / Tegra186 Display Support Isn't Ready For Linux 4.15
    While the Jetson TX2 has been out since this past March and it's a phenomenal ARM development board, sadly the Direct Rendering Manager (DRM) driver support for it still isn't ready with the mainline Linux kernel. Thierry Reding of NVIDIA sent in the Tegra DRM driver changes for DRM-Next that in turn is staged for Linux 4.15. Reding commented that there is prepatory work for the TX2 (Tegra186) but it's not all ready for upstream yet.

Ubuntu: Mir running on Fedora and Ubuntu 17.10 Guidance

  • Mir running on Fedora
    Last week we released Mir 0.28 and this week we settled down to tidy up a few bugs fixes and feature requests that didn’t make the release. I’ve started collecting these for a Mir 0.28.1 release to come in the next few weeks. The most interesting of these comes from conversations at the Ubuntu Rally: there were several requests from community members around getting Mir working (or even building!) on other distributions.
  • Ubuntu Developer Gets Mir Running On Fedora
    Lead Mir developer Alan Griffiths has spent the time getting the Mir display server running on Fedora. This is part of a broader feature request of getting Mir running on more Linux distributions than just Ubuntu. The changes to get Mir running on at least Fedora should be merged for the upcoming Mir 0.28.1 point release. Mir 0.28.1 will also incorporate other bug fixes.
  • How To Remove the Unity Desktop from Ubuntu 17.10
  • 9 Things to do After Installing Ubuntu 17.10
  • How To Install Ubuntu 17.10 Artful Aardvark

Purism Librem 5 Linux Smartphone Campaign Set To End At Around $2 Million

Tomorrow marks the end of the crowdfunding campaign for Purism's Librem 5 smartphone campaign. The campaign is looking like it will close at around two million dollars with the current tally as of this morning being at $1,962,517 in funds raised for this effort to build an original GNU/Linux smartphone stack with either GNOME Shell or KDE Plasma Mobile comprising the UI/UX elements. Read more

Games: The Coma: Recut, Mushroom Wars 2 and Team Fortress 2