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Legal

Is Microsoft Trying To Attack Open Source And Linux With Its “Patent Bombs”?

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GNU
Linux
Microsoft
Legal

Last week, Microsoft got involved in a legal issue and secured patent licenses from Wistron of Taiwan and Rakuten of Japan around Linux and Android technologies. While Microsoft is already making billions with its patents in Android, its history of Linux-related patent trolling isn’t hidden from anyone. The open source community remains frightened of Microsoft as no one knows who could be the next one to get a notice from Microsoft’s legal guys.

In another case that violates the trust of open source community, Microsoft has recently claimed that it came up with the idea for Continuum and “invented” the concept. On the other hand, Canonical has been working on Convergence since 2013, even though it was never released to the public up until recently.

There’s no doubt that Microsoft has made some serious contributions to the open source community and expressed its love for Linux. However, if Redmond really cares, it should work transparently to win the trust of the open source community as any company’s success in the world of open source depends on its users and developers.

Satya Nadella should also consider joining the Open Innovation Network (OIN) and sending a message the open source world to become a trusted member of the community.

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Ubuntu and ZFS: Possibly Illegal, Definitely Exciting

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Ubuntu
Legal

The project originally known as the Zettabyte File System was born the same year that Windows XP began shipping. Conceived and originally written by Bill Moore, Jeff Bonwick and Matthew Ahrens among others, it was a true next generation project – designed for needs that could not be imagined at the time. It was a filesystem built for the future.

Fifteen years later, it’s the future. Though it’s a teenager now, ZFS’s features remain attractive enough that Canonical – the company behind the Ubuntu distribution – wants to ship ZFS as a default. Which wouldn’t seem terribly controversial as it’s an open source project, except for the issue of its licensing.

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Is Canonical about to violate the GNU GPLv2?

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Ubuntu
Legal

Canonical's decision to offer the ZFS filesystem as default in the forthcoming April release of its Ubuntu GNU/Linux distribution has put others in the free software and open source community offside.

The company is being accused of violating the GNU General Public Licence version 2, the licence under which the Linux kernel is released.

This is not the first time that Canonical and its founder Mark Shuttleworth have ended up on other side of the table as others in the community. This has been going on regularly since Ubuntu was first released in 2004.

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BMW Australia and GPL

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GNU
OSS
Legal

The VMware Hearing and the Long Road Ahead

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GNU
Legal

On last Thursday, Christoph Hellwig and his legal counsel attended a hearing in Hellwig's VMware case that Conservancy currently funds. Harald Welte, world famous for his GPL enforcement work in the early 2000s, also attended as an observer and wrote an excellent summary. I'd like to highlight a few parts of his summary, in the context of Conservancy's past litigation experience regarding the GPL.

First of all, in great contrast to the cases here in the USA, the Court acknowledged fully the level of public interest and importance of the case. Judges who have presided over Conservancy's GPL enforcement cases USA federal court take all matters before them quite seriously. However, in our hearings, the federal judges preferred to ignore entirely the public policy implications regarding copyleft; they focused only on the copyright infringement and claims related to it. Usually, appeals courts in the USA are the first to broadly consider larger policy questions. There are definitely some advantages to the first Court showing interest in the public policy concerns.

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SCO vs. IBM looks like it's over for good

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Linux
Legal

The long-running SCO vs. IBM case looks like it might just be over.

A new filing (PDF) scooped up by the good folks at Groklaw sees both SCO and IBM agree to sign off on two recent decisions in which SCO's arguments advancing its claims to own parts of Unix were slapped down by the US District Court.

As The Register reads the PDF we've linked to above, and our informal legal counsel concurs, the new document describes IBM and SCO both signing off on the recent court orders. Those orders left SCO without a legal argument to stand on.

The new filing also points out that SCO remains bankrupt and has “has de minimis financial resources beyond the value of the claims on which the Court has granted summary judgment for IBM.”

Or in plain English, SCO is broke and the only asset it possess of any value is its claims against IBM, and now it doesn't even have those because it just lost a court case about them. That leaves SCO in no position to carry on.

“Accordingly,” the new filing continues, “the disposition of SCO’s appeal is the practical course most likely to conserve both judicial and private resources.” That's the legal sense of “disposition”, by the way, so what the document's saying is that SCO giving up its appeal is most likely to stop the courts spending any more time or energy on this matter. Courts don't like wasting resources. So this is both parties explaining that wrapping things up now is a desirable thing.

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Is SFLC Shooting Open Source in the Foot?

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OSS
Legal

The academic article by SFLC about ZFS is troubling and may unintentionally shoot free software licensing in the foot.

When I was at Sun (as part of the team that released the Java Programming Language by starting the OpenJDK project) I often heard community concerns about the CDDL license. At the time the big complaint was about the "Choice of Venue" clause.

I got involved because Sun had developed many essential Java libraries and distributed them under CDDL. The community requested a more permissive license and I was able to convince internal project leaders (and Sun's lawyers) to make a licensing change for a handful of these projects. And there was much rejoicing.

Based on my experience in helping Java to become open source I came to appreciate the legal hacks on copyright which make open source possible. It's the free software license which uses copyright to enable sharing (vs. the default of disabling sharing).

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The Linux Kernel, CDDL and Related Issues

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Linux
Legal

The license terms on the Linux kernel are those of GPLv2. This is the unanimous consensus of the extensive community of copyright holders. No other terms, or modifications of those terms, are represented in any document as the consensus position of the relevant parties.

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Also: SFC: GPL Violations Related to Combining ZFS and Linux

Winning the copyleft fight

Linux GPL Enforcement

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Linux
Legal
  • I’m Part of SFConservancy’s GPL Compliance Project for Linux

    I believe GPL enforcement in general, and specifically around the Linux kernel, is a good thing. Because of this, I am one of the Linux copyright holders who has signed an agreement for the Software Freedom Conservancy to enforce the GPL on my behalf. I’m also a financial supporter of Conservancy.

  • Report from the VMware GPL court hearing

    Today, I took some time off to attend the court hearing in the GPL violation/infringement case that Christoph Hellwig has brought against VMware.

    I am not in any way legally involved in the lawsuit. However, as a fellow (former) Linux kernel developer myself, and a long-term Free Software community member who strongly believes in the copyleft model, I of course am very interested in this case - and of course in an outcome in favor of the plaintiff. Nevertheless, the below report tries to provide an un-biased account of what happened at the hearing today, and does not contain my own opinions on the matter. I can always write another blog post about that Smile

    I blogged about this case before briefly, and there is a lot of information publicly discussed about the case, including the information published by the Software Freedom Conservancy (see the link above, the announcement and the associated FAQ.

  • I bought some awful light bulbs so you don't have to

    Anyway. Next step was to start playing with the protocol, which meant finding the device on my network. I checked anything that had picked up a DHCP lease recently and nmapped them. The OS detection reported Linux, which wasn't hugely surprising - there was no GPL notice or source code included with the box, but I'm way past the point of shock at that. It also reported that there was a telnet daemon running. I connected and got a login prompt. And then I typed admin as the username and admin as the password and got a root prompt. So, there's that. The copy of Busybox included even came with tftp, so it was easy to get copies of tcpdump and strace on there to see what was up.

  • SFC: GPL Violations Related to Combining ZFS and Linux

The U.S. Copyright Office requiring proprietary software in DMCA anti-circumvention study

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OSS
Legal

In Digital Millennium Copyright Act (DMCA) anti-circumvention study, the U.S. Copyright Office extends comment period and asserts that proprietary software is required for comment submission.

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