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Legal

Let's Pay for Open Source with a Closed-Source Software Levy

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OSS
Legal

This column has often explored ways in which some of the key ideas underlying free software and open source are being applied in other fields. But that equivalence can flow in both directions: developments in fields outside the digital world may well have useful lessons for computing. A case in point is a fascinating post by James Love, Director of Knowledge Ecology International (KEI), a non-governmental organisation concerned with public health and other important issues.

It is called "The value of an open source dividend", and is a discussion of the problems the world of pharma faces because of the distorting effect of patents - problems it shares with the world of computing...

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Patent trolls have one fewer legal loophole to hide behind

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Legal

Using this form, patent trolls can attack their victims without having to explain why they think the patent has been infringed. A similarly weak charge in any other lawsuit could be brushed aside early in the process. By using the approved, simple form, the attacker can ensure its victims are unable to successfully stem the attack in an inexpensive "motion to dismiss."

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What Google's petition to the Supreme Court really means

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Android
Google
Legal

Google makes a series of compelling points in its petition. The company asserts that there's split opinion on the applicability of copyrights to APIs in the circuit courts -- a classic cue to SCOTUS to intervene -- and the matter is "a recurring question of exceptional importance." These points alone seem strong to me. But Google also says CAFC has made a serious error that ignores the precedent of earlier SCOTUS decisions and violates the distinction between copyright and patent as monopolies.

On the first point, Google refers back to the SCOTUS Lotus v Borland case in 1996. Google points out that "methods of operation embodied in computer programs are not entitled to copyright protection," then asserts that the Java class APIs are a method of operating the Java class implementations. Since Android's implementations of the Java APIs are Google's original work, the company claims copyright does not apply.

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Free Software & Money

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OSS
Legal

In fact, it is not really that money and Free Software are strange bedfellows. Not only is there nothing prohibiiting anyone to generate revenues with Free Software, it is even encouraged. We have adopted a (sane) practice for years, which is to provide binaries and source code of entire Free Software stacks for free. Reading the GPL you may notice that this is not at all something to be expected; if anything, you may sell your binaries tomorrow, and only give away your source code. The unhealthy part comes when the expectation that not only all this should be free, but that your time, expertise and your entire work should always remain free.

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Google, Oracle Java API copyright battle lands at Supreme Court

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Android
Google
Legal

The legal fracas started when Google copied certain elements—names, declaration, and header lines—of the Java APIs in Android, and Oracle sued. A San Francisco federal judge largely sided with Google in 2012, saying that the code in question could not be copyrighted. But the federal appeals court reversed, and ruled that the "declaring code and the structure, sequence, and organization of the API packages are entitled to copyright protection.

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As patent trolls fade, a group formed to combat them thrives

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OSS
Legal

Remember the Open Invention Network (OIN)? That's the defensive software patent community set up to protect Linux against patent aggressors. Well, it recently passed 1,000 members, growing nearly 70 percent over the last year.

Growth of this order is an interesting phenomenon. At a time when the tide seems to be turning on patent trolls as a result of the Supreme Court's decision on Alice Corporation v CLS Bank, why are so many companies still seeking mutual protection in use of the Linux System (a term defined by OIN to indicate a vast range of open source software, not just Linux)? Maybe the small trolls aren't the only problem.

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Samsung didn’t pay Microsoft $1 billion for Android, or did they?

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Microsoft
Legal

Organizations like BloomBerg and ReCode are refraining from such misleading headlines. The court filing is available publicly which you can read on Scribd. Microsoft says in the document that Samsung paid Microsoft $1 billion in second financial year of their patent deal. From what I understand that is *the* total amount Samsung paid Microsoft under the deal. What we don’t know is what all is covered in these patents. The court document doesn’t specifically says that ‘Samsung paid Microsoft $1 billion for Android patents.

[...]

It seems to be nothing more than a PR stunt. Every-time someone creates such a headline, Microsoft scores a PR point. Microsoft drops the keywords Android, Chrome and Linux every-time it signs a deal with a company even if the deal is about using ancient technologies such as FAT 32 in devices running Linux.

"We never heard of any other deal between the two companies (Samsung and Microsoft) so it can be logically concluded that the deal also covers the use of Microsoft technologies in non-Android or non-Chrome devices such as point-and-shoot cameras, DSLRs, music players, photo-frames, BD/DVD players, TV sets and dozen of other things that Samsung sells

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Open source history, present day, and licensing

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OSS
Legal

Looking at open source softwares particularly, this is a fact that is probably useful to you if you are thinking about business models, many people don't care about it anymore. We talk about FOSS, Free and Open Source Software, but if we really are strict there's a difference between free software and open source software. On the left, I have free software which most typically is GPL software. Software where the license insures freedom. It gives freedoms to you as a user, but it also requires that the freedoms are maintained.

On the right-hand side, you have open source software which is open for all, but it also allows you to close it. So here we come back to the famous clause of the GPL license, the reciprocity requirement which says, "If I am open, you need to be open." So software that comes under the GPL license carries with it something that other people call a virus. I call it a blessing because I think it's great if all software becomes open.

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Another Open-Source Developer Claims Hyperkin is Illegally Using Code for Retro Console System

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GNU
OSS
Legal

The makers of the open-sourced emulation software program, RetroArch are the latest to say that video games accessories company Hyperkin is using its program in violation of the GPL license. RetroArch uses a development interface called "libretro" that allows for the "easy creation of emulators and games that can plug straight into this program called RetroArch." It supports 15 different hardware platforms including Android.

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Alice is killing the trolls -- but expect patent lawyers to strike back

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Legal

Open source software developers rejoice: Alice Corp. v CLS Bank is fast becoming a landmark decision for patent cases in the United States.

The Court of Appeals for the Federal Circuit, which handles all appeals for patent cases in the United States, has often been criticized for its handling of these cases -- Techdirt describes it as "the rogue patent court, captured by the patent bar." But following the Alice decision, the Court of Appeals seems to have changed.

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Tiny, stackable, Linux-based IoT module hits Kickstarter

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Development activity in LibreOffice and OpenOffice

The LibreOffice project was announced with great fanfare in September 2010. Nearly one year later, the OpenOffice.org project (from which LibreOffice was forked) was cut loose from Oracle and found a new home as an Apache project. It is fair to say that the rivalry between the two projects in the time since then has been strong. Predictions that one project or the other would fail have not been borne out, but that does not mean that the two projects are equally successful. A look at the two projects' development communities reveals some interesting differences. Read more

11 Ways That Linux Contributes to Tech Innovation

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