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Legal

Win for APIs and FOSS (Android Case)

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Android
Google
Legal
  • Google beats Oracle at trial: Jury finds Android is “fair use”

    Following a two-week trial, a federal jury concluded Thursday that Google's Android operating system does not infringe Oracle-owned copyrights because its re-implementation of 37 Java APIs is protected by "fair use." The verdict was reached after three days of deliberations.

    "Ladies and gentlemen of the jury, listen to your verdict as it will stand recorded," said the court clerk, before polling each of the ten men and women on the jury.

    There was only one question on the special verdict form, asking if Google's use of the Java APIs was a "fair use" under copyright law. The jury unanimously answered "yes," in Google's favor. The verdict ends the trial, which began earlier this month. If Oracle had won, the same jury would have gone into a "damages phase" to determine how much Google should pay. Because Google won, the trial is over.

    "I salute you for your extreme hard work in this case," said US District Judge William Alsup, who has overseen the litigation since 2010. "With the thanks of your United States District Court, you are now discharged. I would like to come in the jury room and shake each of your hands individually."

    Four of the ten jurors declined to comment to reporters gathered in the hallway. The other six went out through a back exit.

    "We're grateful for the jury's verdict," said Google lead lawyer Robert Van Nest before getting into the elevator with Google's in-house lawyers. "That's it." Oracle attorneys had no comment.

  • Google wins Oracle copyright fight over Android code

    Today, a jury in California's Northern District federal court declared that Google's use of copyright-protected code in Android was fair use, freeing it of any liability. Oracle, which controls the copyright on the code, had been seeking $9 billion for the use of the code.

    The case centers around an API developed by Java and owned by Oracle, which allows outside programs to easily interact with Java programs. Android uses the same API, and in 2014 a federal appeals court ruled that Oracle has a valid copyright claim on the API code, potentially putting Google on the hook for billions of dollars in damages. (The Supreme Court declined to hear the appeal.) In the latest round, Google argued that Android's reimplementation of the API constituted fair use, which would allow use of the code without invalidating Oracle's copyright. Ultimately, the jury found that case convincing.

German experts update free software legal review

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OSS
Legal

Two German legal experts have published the fourth edition of their review of legal issues regarding the use of free software. The book by Till Jaeger, a Berlin-based lawyer specialised in legal issues concerning open source software, and Axel Metzger, professor at the Humboldt University in the same city, appeared in March.

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Linux ZFS Compatibility

Filed under
Linux
Debian
Legal
  • ZFS comes to Debian, thanks to licensing workaround

    The ZFS file system has come to popular Linux distribution Debian, but in a way the distro's backers think won't kick up another row over compatibility of open source licences.

    Ubuntu 16.04 added ZFS, despite pre-release grumblings from Richard Stallman to the effect that anything licensed under the GNU GPL v2 can only be accompanied by code also released under the GNU GPL v2. ZFS is issued under a Common Development and Distribution License, version 1 (CDDLv1).

  • Skirting The Hole In The Ice Of ZFS

    The muddy part is how building and running a ZFS module with Linux is not a violation of copyright when a combined derivative work of Linux+ZFS is created. Making even one copy is probably a violation of both CDDL and GPL., so keep on skating.

  • What does it mean that ZFS is included in Debian?

    Petter Reinholdtsen recently blogged about ZFS availability in Debian. Many people have worked hard on getting ZFS support available in Debian and we would like to thank everyone involved in getting to this point and explain what ZFS in Debian means.

Debian Project Clarifies the Implementation of ZFS for Linux in Debian GNU/Linux

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Debian
Legal

We reported the other day that Debian developer Petter Reinholdtsen informed the community about the implementation of ZFS filesystem support in the Debian GNU/Linux operating system.

While the Debian community welcomed the native ZFS for Linux implementation in the acclaimed and widely-used GNU/Linux operating system, some were wondering how this stands from a legal point of view, as the license under which the ZFS for Linux project is distributed does not comply with the Debian Free Software Guidelines.

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FSF/GNU

Filed under
Development
GNU
Legal
  • GCC 6.1 Compiler Optimization Level Benchmarks: -O0 To -Ofast + FLTO

    Here are some extra GCC 6.1 compiler benchmarks to share this weekend, complementing the recent GCC 4.9 vs. GCC 5 vs. GCC 6 comparison and the GCC 6.1 vs. Clang 3.9 compiler comparison.

  • LinuxFest Northwest 2016: From TPP to saving WiFi, the FSF fights for you
  • Savannah suffering networking problems

    Last Friday May 6th Savannah was moved to new hosting in the same datacenter with many various assorted related and unrelated changes. Since that time there have been wide spread reports of networking problems. The FSF admins are aware of the problem and are trying to resolve it.

  • Enforcement and compliance for the GPL and similar licenses

    The Free Software Legal & Licensing Workshop (LLW) is a three-day event held every year for legal professionals (and aficionados) who work in the realm of free and open-source software (FOSS). It is organized by the Free Software Foundation Europe (FSFE) and, this year, the event was held in Barcelona (Spain), April 13-15. The topics covered during the event ranged from determining what constitutes authorship, how to attribute it, and what is copyrightable, to the complexity of licenses and how to make them more accessible for potential licensees lacking in legal background. In addition, license enforcement and compliance were discussed, with a particular focus on how the GPL and related licenses have done in court.

FRAND Is Not A Compliance Issue

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OSS
Legal

The European Commission has been persuaded by lobbyists to change its position on standards to permit the use of FRAND license terms for patents applicable to technologies within those standards. This is a massive mistake that will harm innovation by chilling open source community engagement.

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EU jeopardises its own goals in standardisation with FRAND licensing

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OSS
Legal

On 19 April, the European Commission published a communication on "ICT Standardisation Priorities for the Digital Single Market" (hereinafter 'the Communication'). The Digital Single Market (DSM) strategy intends to digitise industries with several legislative and political initiatives, and the Communication is a part of it covering standardisation. In general, the Free Software Foundation Europe (FSFE) welcomes the Communication's plausible approach for integrating Free Software and Open Standards into standardisation but expresses its concerns about the lack of understanding of necessary prerequisites to pursue that direction.

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Also: A fresh look at the U.S. draft policy on 'federal sourcing'

A perfect marriage: YOU and Ubuntu 16.04

Filed under
GNU
Ubuntu
Legal

Canonical claims it has taken legal advice and that it is allowed to ship OpenZFS with its Linux.

What ever the legal rights and wrongs, Ubuntu's support is clearly aimed primarily at the server use case. ZFS is not an option within the installer. In fact you'll need to install the userland parts of ZFS yourself before you can format disks and get everything working. Still, if you're interested in trying Ubuntu atop ZFS, Canonical has a guide to using ZFS.

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Anti-innovation: EU excludes open source from new tech standards

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OSS
Legal

It's no surprise that the Commission was trying to keep that particular detail quiet, because FRAND licensing—the acronym stands for "fair, reasonable, and non-discriminatory"—is incompatible with open source, which will therefore find itself excluded from much of the EU's grand new Digital Single Market strategy. That's hardly a "balanced IPR policy."

The problem for open source is that standard licensing can be perfectly fair, reasonable, and non-discriminatory, but would nonetheless be impossible for open source code to implement. Typically, FRAND licensing requires a per-copy payment, but for free software, which can be shared any number of times, there's no way to keep tabs on just how many copies are out there. Even if the per-copy payment is tiny, it's still a licensing requirement that open source code cannot meet.

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FSF on GPL and ZFS

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GNU
Legal
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More in Tux Machines

Hardware With Linux

  • Raspberry Pi's new computer for industrial applications goes on sale
    The new Raspberry Pi single-board computer is smaller and cheaper than the last, but its makers aren’t expecting the same rush of buyers that previous models have seen. The Raspberry Pi Compute Module 3 will be more of a “slow burn,” than last year’s Raspberry Pi 3, its creator Eben Upton predicted. That’s because it’s designed not for school and home use but for industrial applications. To make use of it, buyers will first need to design a product with a slot on the circuit board to accommodate it and that, he said, will take time.
  • ZeroPhone — An Open Source, Dirt Cheap, Linux-powered Smartphone Is Here
    ZeroPhone is an open source smartphone that’s powered by Raspberry Pi Zero. It runs on Linux and you can make one for yourself using parts worth $50. One can use it to make calls and SMS, run apps, and pentesting. Soon, phone’s crowdfunding is also expected to go live.
  • MSI X99A RAIDER Plays Fine With Linux
    This shouldn't be a big surprise though given the Intel X99 chipset is now rather mature and in the past I've successfully tested the MSI X99A WORKSTATION and X99S SLI PLUS motherboards on Linux. The X99A RAIDER is lower cost than these other MSI X99 motherboards I've tested, which led me in its direction, and then sticking with MSI due to the success with these other boards and MSI being a supporter of Phoronix and encouraging our Linux hardware testing compared to some other vendors.
  • First 3.5-inch Kaby Lake SBC reaches market
    Axiomtek’s 3.5-inch CAPA500 SBC taps LGA1151-ready CPUs from Intel’s 7th and 6th Generations, and offers PCIe, dual GbE, and optional “ZIO” expansion. Axiomtek’s CAPA500 is the first 3.5-inch form-factor SBC that we’ve seen that supports Intel’s latest 7th Generation “Kaby Lake” processors. Kaby Lake is similar enough to the 6th Gen “Skylake” family, sharing 14nm fabrication, Intel Gen 9 Graphics, and other features, to enable the CAPA500 to support both 7th and 6th Gen Core i7/i5/i3 CPUs as long as they use an LGA1151 socket. Advantech’s Kaby Lake based AIMB-205 Mini-ITX board supports the same socket. The CAPA500 ships with an Intel H110 chipset, and a Q170 is optional.

Leftovers: Ubuntu and Debian

  • Debian Project launches updated Debian GNU/Linux 8.7 with bug fixes
    An updated version of Debian, a popular Linux distribution is now available for users to download and install. According to the post on the Debian website by Debian Project, the new version is 8.7. This is the seventh update to the Debian eight distribution, and the update primarily focuses on fixing bugs and security problems. This update also includes some adjustments to fix serious problems present in the previous version.
  • Freexian’s report about Debian Long Term Support, December 2016
    The number of sponsored hours did not increase but a new silver sponsor is in the process of joining. We are only missing another silver sponsor (or two to four bronze sponsors) to reach our objective of funding the equivalent of a full time position.
  • APK, images and other stuff.
    Also, I was pleased to see F-droid Verification Server as a sign of F-droid progress on reproducible builds effort - I hope these changes to diffoscope will help them!
  • Linux Mint 18.1 "Serena" KDE Gets a Beta Release, Ships with KDE Plasma 5.8 LTS
    After landing on the official download channels a few days ago, the Beta version of the upcoming Linux Mint 18.1 "Serena" KDE Edition operating system got today, January 16, 2017, an official announcement. The KDE Edition is the last in the new Linux Mint 18.1 "Serena" stable series to be published, and it was delayed a little bit because Clement Lefebvre and his team wanted it to ship with latest KDE Plasma 5.8 LTS desktop environment from the Kubuntu Backports PPA repository.
  • Linux AIO Ubuntu 16.10 — Ubuntu GNOME, Kubuntu, Lubuntu, Ubuntu MATE, and Xubuntu In One ISO
    Linux AIO is a multiboot ISO carrying different flavors of a single Linux distribution and eases you from the pain of keeping different bootable USBs. The latest Linux AIO Ubuntu 16.10 is now available for download in both 64-bit and 32-bit versions. It features various Ubuntu flavors including Ubuntu GNOME, Kubuntu, Lubuntu, Ubuntu MATE, and Xubuntu.

Top Ubuntu Editing Apps: Image, Audio, Video

It's been my experience that most people aren't aware of the scope of creative software available for Ubuntu. The reason for this is complicated, but I suspect it mostly comes down to the functional availability provided by each application title for the Linux desktop. In this article, I'm going to give you an introduction to some of the best creative software applications for Ubuntu (and other Linux distros). Read more

Leftovers: OSS and Sharing

  • Google's open-source Draco promises to squeeze richer 3D worlds into the web, gaming, and VR
    Google has published a set of open source libraries that should improve the storage and transmission of 3D graphics, which could help deliver more detailed 3D apps.
  • Why every business should consider an open source point of sale system
    Point of sale (POS) systems have come a long way from the days of simple cash registers that rang up purchases. Today, POS systems can be all-in-one solutions that include payment processing, inventory management, marketing tools, and more. Retailers can receive daily reports on their cash flow and labor costs, often from a mobile device. The POS is the lifeblood of a business, and that means you need to choose one carefully. There are a ton of options out there, but if you want to save money, adapt to changing business needs, and keep up with technological advances, you would be wise to consider an open source system. An open source POS, where the source code is exposed for your use, offers significant advantages over a proprietary system that keeps its code rigidly under wraps.
  • Can academic faculty members teach with Wikipedia?
    Since 2010, 29,000 students have completed the Wiki Ed program. They have added 25 million words to Wikipedia, or the equivalent of 85,000 printed pages of content. This is 66% of the total words in the last print edition of Encyclopedia Britannica. When Wiki Ed students are most active, they are contributing 10% of all the content being added to underdeveloped, academic content areas on Wikipedia.
  • AMD HSA IL / BRIG Front-End Still Hoping To Get Into GCC 7
    For many months now there's been work on an AMD HSA IL front-end for GCC with supporting the BRIG binary form of the Heterogeneous System Architecture Intermediate Language (HSA IL). It's getting late into GCC 7 development and onwards to its final development stage while this new front-end has yet to be merged. Developer Pekka Jääskeläinen has been trying to get in the finishing reviews and changes for getting approval to land this BRIG front-end into the GNU Compiler Collection. It's a big addition and with GCC 7 soon just focusing on wrong-code fixes, bug fixes, and documentation fixes starting on 19 January, there would be just a few days left to land this new front-end for GCC 7 to avoid having to wait until next year for it to debut in stable with GCC 8.
  • Rcpp 0.12.9: Next round
    Yesterday afternoon, the nineth update in the 0.12.* series of Rcpp made it to the CRAN network for GNU R. Windows binaries have by now been generated; and the package was updated in Debian too. This 0.12.9 release follows the 0.12.0 release from late July, the 0.12.1 release in September, the 0.12.2 release in November, the 0.12.3 release in January, the 0.12.4 release in March, the 0.12.5 release in May, the 0.12.6 release in July, the 0.12.7 release in September, and the 0.12.8 release in November --- making it the thirteenth release at the steady bi-montly release frequency. Rcpp has become the most popular way of enhancing GNU R with C or C++ code. As of today, 906 packages on CRAN depend on Rcpp for making analytical code go faster and further. That is up by sixthythree packages over the two months since the last release -- or about a package a day!