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Legal

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

Is Source Code covered by the PSI Directive?

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OSS
Legal

Concerning France, the court decision may have a considerable impact, as the source code of any software produced by or for the various national or local administrations becomes legally “libre” or open source under no or very permissive conditions. Therefore the interest to clarify the applicable licence: when communicating it, relevant administration should then apply the EUPL or the French CeCILL, according to the 12 September 2012 prime minister Ayrault circular.

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Free 'law for Linux developers' class opens its virtual doors

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OSS
Legal

No one becomes a programmer to become an intellectual property (IP) expert. But, in today's lawsuit-happy world, with patent trolls ready to attack and licensing becoming increasingly complicated, developers needs to know some IP law.

So, at the Linux Foundation Collaboration Summit, Jim Zemlin, the Linux Foundation's executive director announced the availability of Open Source Compliance Basics for Developers (LFC291), This free course is designed to provide software developers with the basic knowledge about legal and licensing issues they need for building and using open-source software.

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BMW complies with GPL by handing over i3 car code

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GNU
Legal

BMW has sent Terence Eden a DVD containing GPL-licenced code used in its electric i3 model .

Why should you care? Because Oxford resident Eden last month inadvertently caused something of a global stir when he pondered the quality of the i3's software and the security of BMW's update mechanisms. Along the way he noticed that the i3's on-board “About” screen mentioned it uses some GPL-licenced code and idly wondered if the auto-maker complies with the licence.

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Also: All’s Well That Ends Well With The GPL

Friday Free Software Directory IRC meetup: April 1st (not a joke)

Are you legally open source compliant?

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OSS
Legal

Meeting legal requirements is one of the key elements that large software companies factor in to their release cycles. They have teams that check for software patents that may impact their code, make sure that every copyright is acknowledged and look at the detailed usage clauses in any third-party software that they use.

One of the reasons for doing this is to avoid expensive litigation from companies often referred to as patent trolls. These are companies that have purchased large software patent libraries. Their business model is to then use those libraries to bring lawsuits against developers and over the last decade we’ve seen a number of high profile lawsuits against companies such as IBM, Microsoft, Google and others. Some of these have been dismissed by the courts but others have been upheld costing hundreds of millions of dollars in both fines and costs.

While open source developers might think that they are immune from this type of issue they are not. It may be that a piece of software that has been released as open source is later alleged to have infringed a software patent. This would mean that anyone using that software could be found guilty of an infringement.

To help reduce the impact of patent claims Google, IBM, Red Hat, SUSE, NEC, Philips and Sony created the Open Innovation Network. The goal was to create a pool of defensive patents that could be used to protect Linux and developers using Linux. This has been successful with over 1946 companies signing up to the OIN to use their patents to defend themselves from attack.

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Dr Stoll: Or how I learned to stop worrying and love the GPL

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GNU
Legal

My Free Software journey starts with The Cuckoo’s Egg. Back in the early 90s a family friend suggested I might enjoy reading it. He was right; I was fascinated by the world of interconnected machines it introduced me to. That helped start my involvement in FidoNet, but it also got me interested in Unix. So when I saw a Linux book at the Queen’s University bookshop (sadly no longer with us) with a Slackware CD in the back I had to have it.

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5 reasons Microsoft may never give up on Linux patent claims

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Linux
Microsoft
Legal

There are many reasons why Microsoft may not join the Open Innovation Network (OIN) anytime soon. First of all, if a company doesn’t want to use patents as a weapon, it won’t, whether or not it joins OIN.

At the same time, joining OIN doesn’t guarantee that a company won't use patents as a weapon. Both Oracle and Google are OIN members and they have locked horns in one of the fieriest battles in the open source world. IBM is one of the founders of OIN and it has also sued companies (like Groupon) over various patents.

So as much as I believe joining OIN sends a positive message, I don’t think that’s _the_ ultimate solution.

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Also: Microsoft's Linux Inquisitor Grand Master is off to Spotify

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More in Tux Machines

Leftovers: OSS

  • Anonymous Open Source Projects
    He made it clear he is not advocating for this view, just a thought experiment. I had, well, a few thoughts on this. I tend to think of open source projects in three broad buckets. Firstly, we have the overall workflow in which the community works together to build things. This is your code review processes, issue management, translations workflow, event strategy, governance, and other pieces. Secondly, there are the individual contributions. This is how we assess what we want to build, what quality looks like, how we build modularity, and other elements. Thirdly, there is identity which covers the identity of the project and the individuals who contribute to it. Solomon taps into this third component.
  • Ostatic and Archphile Are Dead
    I’ve been meaning to write about the demise of Ostatic for a month or so now, but it’s not easy to put together an article when you have absolutely no facts. I first noticed the site was gone a month or so back, when an attempt to reach it turned up one of those “this site can’t be reached” error messages. With a little checking, I was able to verify that the site has indeed gone dark, with writers for the site evidently losing access to their content without notice. Other than that, I’ve been able to find out nothing. Even the site’s ownership is shrouded in mystery. The domain name is registered to OStatic Inc, but with absolutely no information about who’s behind the corporation, which has a listed address of 500 Beale Street in San Francisco. I made an attempt to reach someone using the telephone number included in the results of a “whois” search, but have never received a reply from the voicemail message I left. Back in the days when FOSS Force was first getting cranked up, Ostatic was something of a goto site for news and commentary on Linux and open source. This hasn’t been so true lately, although Susan Linton — the original publisher of Tux Machines — continued to post her informative and entertaining news roundup column on the site until early February — presumably until the end. I’ve reached out to Ms. Linton, hoping to find out more about the demise of Ostatic, but haven’t received a reply. Her column will certainly be missed.
  • This Week In Creative Commons History
    Since I'm here at the Creative Commons 2017 Global Summit this weekend, I want to take a break from our usual Techdirt history posts and highlight the new State Of The Commons report that has been released. These annual reports are a key part of the CC community — here at Techdirt, most of our readers already understand the importance of the free culture licensing options that CC provides to creators, but it's important to step back and look at just how much content is being created and shared thanks to this system. It also provides some good insight into exactly how people are using CC licenses, through both data and (moreso than in previous years) close-up case studies. In the coming week we'll be taking a deeper dive into some of the specifics of the report and this year's summit, but for now I want to highlight a few key points — and encourage you to check out the full report for yourself.
  • ASU’s open-source 'library of the stars' to be enhanced by NSF grant
  • ASU wins record 14 NSF career awards
    Arizona State University has earned 14 National Science Foundation early career faculty awards, ranking second among all university recipients for 2017 and setting an ASU record. The awards total $7 million in funding for the ASU researchers over five years.

R1Soft's Backup Backport, TrustZone CryptoCell in Linux

  • CloudLinux 6 Gets New Beta Kernel to Backport a Fix for R1Soft's Backup Solution
    After announcing earlier this week the availability of a new Beta kernel for CloudLinux 7 and CloudLinux 6 Hybrid users, CloudLinux's Mykola Naugolnyi is now informing us about the release of a Beta kernel for CloudLinux 6 users. The updated CloudLinux 6 Beta kernel is tagged as build 2.6.32-673.26.1.lve1.4.26 and it's here to replace kernel 2.6.32-673.26.1.lve1.4.25. It is available right now for download from CloudLinux's updates-testing repository and backports a fix (CKSIX-109) for R1Soft's backup solution from CloudLinux 7's kernel.
  • Linux 4.12 To Begin Supporting TrustZone CryptoCell
    The upcoming Linux 4.12 kernel cycle plans to introduce support for CryptoCell hardware within ARM's TrustZone.

Lakka 2.0 stable release!

After 6 months of community testing, we are proud to announce Lakka 2.0! This new version of Lakka is based on LibreELEC instead of OpenELEC. Almost every package has been updated! We are now using RetroArch 1.5.0, which includes so many changes that listing everything in a single blogpost is rather difficult. Read more Also: LibreELEC-Based Lakka 2.0 Officially Released with Raspberry Pi Zero W Support

Leftovers: Gaming