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Legal

The Gentle Art of Muddying the Licensing Waters

Filed under
Microsoft
OSS
Legal

I've been writing about free software for nearly 20 years, and about Microsoft for over 30 years. Observing the latter deal with the former has been fascinating. At first, the US software giant simply dismissed free software as unworthy even of its attention, but by the early years of this millennium, that was clearly no longer a viable position.

As I've charted elsewhere in my "Brief History of Microsoft FUD", it made various attempts to discredit open source, all of which were dismal failures. As it became clear that this strategy would not work, it adopted another, somewhat more sophisticated. This involved trying to match aspects of open source without actually embracing it. The first manifestation of this was "shared source":

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OSI and Conservancy Announce US Tax Exemption Working Group

Filed under
OSS
Legal

Software Freedom Conservancy and the Open Source Initiative are pleased to announce that they are the founding members of a working group focused on tax exemption issues for organizations in the United States.

Recent activity by the Internal Revenue Service in response to applications for tax exempt status have sparked a lot of interest and discussion amongst free and open source software communities.

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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

Filed under
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

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

Filed under
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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Q4OS 1.6, Orion

The significant Q4OS 1.6 'Orion' release receives the most recent Trinity R14.0.3 stable version. Trinity R14.0.3 is the third maintenance release of the R14 series, it is intended to promptly bring bug fixes to users, while preserving overall stability. The complete list and release notes you will find on the Trinity desktop environment website. New Q4OS 1.6 release includes set of new features and fixes. The default desktop look has been slightly changed, Q4OS 'Bourbon' start menu and taskbar has been polished a bit and has got a few enhancements, for example the icons size varies proportionally to the system panel. Native Desktop profiler tool has got new, optimized 'software to install' list. Read more

Learning More About Explicit Fencing & Android's Sync Framework

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Ubuntu Leftovers

Leftovers: Software Development

  • fakecloud
  • A new version of pristine-tar
  • Getting RSS feeds for news websites that don’t provide them
    On the technical side, this seems to be one of the most stable pieces of software I ever wrote. It never crashed or otherwise failed since I started running it, and fortunately I also didn’t have to update the HTML parsing code yet because of website changes. It’s written in Haskell, using the Scotty web framework, Cereal serialization library for storing the history of the past articles, http-conduit for fetching the websites, and html-conduit for parsing the HTML. Overall a very pleasant experience, thanks to the language being very convenient to write and preventing most silly mistakes at compile-time, and the high quality of the libraries.
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