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."
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.
The situation then is substantially similar to the situation today. The key difference is that some of Google's affirmative defenses to claim non-infringement have been eliminated by this new ruling. The FSF now sincerely hopes for the next best thing to Alsup's original ruling: that Google is successful in its fair use defense.
Notwithstanding our support of Google's fair use defense, the FSF urges caution to all prospective Android users. Even though the core of the Android system is free, every Android device sold comes pre-loaded with a variety of proprietary applications and proprietary hardware drivers. The FSF encourages users to support the development of Replicant, a distribution of Android that is 100% free software. The FSF also encourages users of any Android-based system to install F-Droid, a free replacement for the Google Play app that allows users to browse, install, and receive updates from a repository of free software Android apps. Replicant uses F-Droid as its default repository.
The long and drawn out battle between Samsung Electronics and Apple over the ownership of various intellectual properties may be coming to a close.
According to The Korea Times Samsung and Apple have resumed discussion of settling their patent disputes. Recent developments such as Apple’s deal with Google show that times may be changing on how these types of disputes are handled. There is a different air surrounding these discussions compared to the countless court battles and negotiations that preceded.
The next big intellectual property battle has been forming over hardwired and programmable chips made for mobile devices that leverage Linux code. However, the Open Invention Network has strategically deployed forces to keep Linux-powered smartphones, tablets and other computer technologies out of harm's way. Its goal is to create a patent litigation no-fly zone around embedded Linux.
So, in the face of a technical mechanism designed to enforce the author's beliefs about the copyright status of callers of this function, Oracle deliberately circumvent that technical mechanism by simply re-exporting the same function under a new name. It should be emphasised that calling an EXPORT_SYMBOL_GPL() function does not inherently cause the caller to become a derivative work of the kernel - it only represents the original author's opinion of whether it would. You'd still need a court case to find out for sure. But if it turns out that the use of ktime_get() does cause a work to become derivative, Oracle would find it fairly difficult to argue that their infringement was accidental.
Of course, as copyright holders of DTrace, Oracle could solve the problem by dual-licensing DTrace under the GPL as well as the CDDL. The fact that they haven't implies that they think there's enough value in keeping it under an incompatible license to risk losing a copyright infringement suit. This might be just the kind of recklessness that Oracle accused Google of back in their last case.
Dangerous Decision in Oracle v. Google: Federal Circuit Reverses Sensible Lower Court Ruling on APIsSubmitted by Roy Schestowitz on Saturday 10th of May 2014 06:49:04 AM Filed under
We're still digesting today's lengthy decision in the Oracle v. Google appeal, but we're disappointed—and worried. The heart of the appeal was whether Oracle can claim a copyright on Java APIs and, if so, whether Google infringed that copyright. According to the Federal Circuit today, the answer to both questions was a qualified yes—with the qualification being that Google may have a fair use defense.
Quick background: When it implemented the Android OS, Google wrote its own version of Java. But in order to allow developers to write their own programs for Android, Google relied on Java APIs. Application Programming Interfaces are, generally speaking, specifications that allow programs to communicate with each other. So when you type a letter in a word processor, and hit the print command, you are using an API that lets the word processor talk to the printer driver, even though they were written by different people.
Let’s face it, Apple has never been shy about suing other companies that they think have infringed on their intellectual property. The recent legal fights with Samsung are a good example, but there have been others over the years. At one point Steve Jobs even vowed to use Apple’s billions to destroy Android in court because he regarded it as a stolen product.
Apple has made it clear that they will go after anybody that they think has copied their work. The company has spent millions and millions of dollars trying to protect its patents and products. The end result has been somewhat muddled, but that doesn’t mean that Apple will stop sending its lawyers after those it regards as thieves.