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Free Software legal news

The patent litigation between Microsoft and Barnes & Nobles is taking a new turn, with the revelation of Microsoft's patent strategies against Android: FUD, invalid patents, etc. according to Barnes & Nobles. Also, new questions arise on exact scope of the copyrightability of software, with the litigation between Oracle and Google, again on Android, exploring new issues on linking, user-space and APIs specifications.

Software patents

Microsoft v. Barnes & Noble: Trivial patents lawsuit?

• Groklaw – Barnes & Noble Exposes Microsoft’s “Trivial” Patents and Strategy Against Android ~pj Updated
  

  Barnes & Noble has done the world a tremendous favor, by pulling aside the curtain and revealing Microsoft’s patent campaign tactics against Android in lurid detail.

  It reveals the assertion of “trivial” and “invalid” patents against Barnes & Noble and some shocking details […].

• Barnes & Noble’s 29-page slide deck calls B.S. on Microsoft’s Android patent campaign – GeekWire
  

  A 29-page slide deck — made public this week in Microsoft’s patent lawsuit against Barnes & Noble — outlines, in great detail, the bookseller’s objections to the software company’s campaign to collect patent licensing fees from Android device …

Patents in the multimedia realm have always been an issue; recently with the battle for HTML5 video codecs between H264, backed by Apple and Microsoft, against Theora and WebM backed by Google, Opera, Mozilla and others. A lot of media and PR from proprietary companies tried to discredit Free Software technologies by means of patent infringement threats. This article about the Xiph.org foundation shows what legal strategy can be pursued; and how much this draws back innovation.

• Xiph.org’s “Monty” on codecs and patents [LWN.net]

  One way to combat that is to document why the patents don’t apply. Basically, Xiph did enough research to show why the Qualcomm patents don’t apply to Opus and it is planning to release that information. It is a dangerous strategy at some level because it gives away some of the defense strategy, he said, but Xiph has to try something.

Software and copyrightability

• Android’s Bionic Problem Is Not “Bogus”: Why Judge Alsup Got It Right And Linus Torvalds Got It Wrong

  In September, federal judge William Alsup denied Google’s request for a ruling that the Java application programming interfaces (“APIs”) were, categorically, not protected under copyright law

• Groklaw – Oracle v. Google – How to Proceed on the Copyright Issue II
  

  [Oracle] appears to be claiming that Google’s code is an infringing derivative work of Oracle’s specifications because the Android source code implements the APIs described by those specifications.

IT news of legal interest

A newcomer in the very competitive “App Store” landscape.

• NASA Plans Cloud Marketplace For Scientists – Government – Cloud/SaaS – Informationweek
  

  “Cloud services suite to expand with platform as a service, data as a service, and a new cloud computing storefront likened to Apple’s AppStore and Google’s Android Market.