Links 20/7/2011: Linux Vitality, Tablets With Linux Grows Fast
Contents
GNU/Linux
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12 Things You See Every Day That Wouldn’t Exist Without Linux
We checked around, and it’s true. Linux is all over the place. We rounded up some of the less obvious and more offbeat things that depend upon Linux to function.
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Kernel Space
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Real-time patches for the Linux kernel take a major step forward
Thomas Gleixner has released the first test version of a real-time (RT) Linux kernel based on a current release candidate of Linux kernel version 3.0; having been slightly delayed, version 3.0 is due to be released any day now. With version 3.0-rc7-rt0, the developers have taken the biggest step towards a modern basis for the RT kernel, a kernel that is chiefly maintained by Gleixner and several other developers – the current stable kernel with real-time capabilities is still based on the Linux 2.6.33 series, which Greg Kroah-Hartman has continued to maintain specifically for the RT developers.
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Applications
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Disk Usage Analyzer Has a Keen Eye for Sizing Up Space
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Games
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The A.Typical RPG Released
The GNU/Linux binary was released at 9th of April but no GNU/Linux gaming website reported about it, so I think it could count as “news”
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Desktop Environments
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GNOME Desktop
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The Grand Review of three new desktops, pt. 3: the Glorious GNOME Upgrade
In a very short while, I have had the opportunity to try three new desktops. KDE 4 (not new but completely unknown to me previously), Unity on Ubuntu Natty (not a new desktop, but a novel shell nevertheless), and GNOME 3. I have previously documented my experiences on KDE 4 and Unity, and in this third and final installation it is GNOME 3′s turn.
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Distributions
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The A.Typical RPG Released
A KDE-based distro powered by Arch Linux? Sounds like a perfect combo. We put Chakra through its paces to find out whether it would bring us closer to Linux computing nirvana…
Pros: Fast and sleek distro with several innovative tools and features backed up by excellent documentation
Cons: The lack of persistent storage capability in the Live CD mode
Chakra Homepage
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Devices/Embedded
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Sub-notebooks/Tablets
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IDC reports 1st Qtr 2011 tablet market share, Lookout Apple: Android is catching up quickly
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digits: iPad Loses Market Share to Android
In the fourth quarter, Apple’s share of the tablet market fell to 75% from 96%, while Android saw its market share increase to 22% from just 2.3%.
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Top 6 of the Top-selling Tablets on Amazon Run Android/Linux
Shocking, isn’t it? With Apple selling 9million iPads in Q2 2011, one would expect a better showing for iPad which only made it to #7.
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Lenovo Challenges Apple’s iPad With Three Android Tablets
Yet another giant has entered the tablet arena to challenge iPad’s dominance in the tablet segment. Lenovo today announced its first family of Android tablets – the IdeaPad Tablet K1 for consumers, the ThinkPad Tablet for business customers, and the IdeaPad Tablet P1 for home and office use.
The tablets run on Android 3.1, backed by more than 250,000 apps.
IdeaPad Tablet K1 is certified to deliver Netflix. Sadly, Netflix requires controverical DRM (Digital Restriction Management) technology to allow users to watch their movies. Lenovo tablets come with this controvercial DRM techology.
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Free Software/Open Source
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Funding
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Open Source Developers Can Make Money From In-App Payments
Google’s open source Android and ChromeOS have created a viable shop for open source developers to monitize on their apps. Unlike Apple’s restricted AppStore, which may take weeks to get an app approved, and you are always at the mercy of Apple for the survival of your app, Google’s Chrome WebStore and Android Market offer a more ‘democratic’ and innovative approch.
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FSF/FSFE/GNU/SFLC
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Resist the Temptations of the Cloud!
There is a systematic marketing campaign to drive users to entrusting their computing and their data to companies they have absolutely no reason to trust. Its buzzword is “cloud computing,” a term used for so many different computing structures that its only real meaning is: “Do it without thinking about what you’re doing.
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Leftovers
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Finance
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You Want to Fix the U.S. Economy? Here’s a Start
A simple 8-point plan would restore both the banking and the real estate sectors, and end the political dominance of the parasitic “too big to fail” banks.
Craven politicos and clueless Federal Reserve economists are always bleating about how they want to fix the U.S. economy and restore “aggregate demand.” OK, here’s how to start:
1. Force all banks to mark all their assets to market at the end of each trading day, including all derivatives of all types, including over-the-counter instruments.
2. Allow citizens to discharge all mortgage and student loan debt in bankruptcy court, just like any other debt.
3. Banks must mark all their real estate to market weekly as defined by “last sales of nearby properties” adjusted for square footage and other quantifiable measures (i.e. like Zillow.com).
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Goldman Sachs Plans Job Cuts as Debt Trading Misses Estimates
Goldman Sachs Group Inc. (GS), the U.S. bank that makes most of its money from trading, said it will cut about 1,000 jobs after a plunge in fixed-income revenue that was bigger than analysts estimated.
Second-quarter fees from trading debt, currencies and commodities tumbled 63 percent from the previous quarter, more than twice the drop at other major U.S. banks. Net income was $1.09 billion, or $1.85 per share, the New York-based company said today in a statement, falling short of the $2.30 per-share average estimate of 23 analysts surveyed by Bloomberg.
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Links 20/7/2011: Ubuntu 12.04 LTS Release Schedule, Linux-powered HP TouchPad Competitive With iPad, New OLPC Surfaces
Contents
GNU/Linux
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Desktop
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Server
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LinuxCon Preview: Details on the Watson Exhibit
After strutting its stuff on Jeopardy! earlier this year, IBM’s Watson will be included at LinuxCon in a special exhibit August 17-19, 2011. We got some time with the IBM Power Systems Product Marketing Manager Ian Jarman to better understand what we can expect and what Watson and its IBM team have been working on since their very public victory earlier this year.
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12 Reasons Why Every Linux System Administrator Should be Lazy
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IBM Grows Second Quarter Revenues
IBM (NYSE:IBM) reported second quarter fiscal 2011 earning on Monday, with both revenue and income growth, as multiple segments of its business expand. Part of the growth is fueled by IBM’s expanding presence in growth markets and some is coming at the expense of rivals HP and Oracle, especially in the Unix space.
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Kernel Space
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Kernel Log: Further problems with UEFI
Some UEFI systems that are shipped with Windows always use a secondary installation of the bootloader which is intended as a fallback; this prevents a correctly installed UEFI Linux from starting up. Also: Google has released its BadRAM patches after all, a Linus Torvalds has appeared on Google+, and Lennart Poettering has posted further material on systemd on his blog.
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Graphics Stack
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S2TC: A Possible Workaround For The S3TC Patent Situation
While S3 Texture Compression (S3TC) is widely used by many games and applications since its inclusion into OpenGL 1.3 and Microsoft DirectX 6.0, these lossy texture compression algorithms have not been implemented in the open-source Linux graphics drivers. This lack of open-source support is due to S3 Graphics holding the patent rights to this technology that they actively license to major hardware vendors. There long has been an external library that can be loaded and will work with most Mesa / Gallium3D drivers for advertising S3TC support, but it’s not found by default and it’s not included in leading Linux distributions due to these legal fears. There may now be a new solution for the S3TC Linux problem thanks to the advent of a new (and simpler) texture compression algorithm that can serve as a drop-in replacement.
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NVIDIA Proposes Extending RandR
While NVIDIA’s proprietary driver for their GeForce/Quadro hardware still lacks RandR 1.2+ support (that will hopefully change when RandR 1.4 is finally out), NVIDIA has proposed extending RandR to support over-scan compensation. This support isn’t for their mainline NVIDIA binary driver but rather their TEGRA Linux driver.
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Applications
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One small step for [a] man… revisited using Audacity
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Instructionals/Technical
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Tips for using Vim as an IDE
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More Vim Tips
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Video Tip – Using Pipes With The sudo Command
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Linux system info, cheat sheetX
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Set up F15 PV DomU at Xen 4.1 (kernel 3.0.0-5-generic) Dom0 on Ubuntu Oneiric
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How To Install And Configure Mailman (With Postfix) On Debian Squeeze
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Who and What Is On My Network? Probing Your Network with Linux
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Python4Kids: New Tutorial – Tkinter tinkering (Graphical User Interfaces)
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Apache Alternatives for Serving PHP
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Five Good Reasons to Create a Virtual Infrastructure
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Five Things to do after installing Fedora 15
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Configuring Apache for Developing Multiple Websites under Ubuntu Linux
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24 iostat, vmstat and mpstat Examples for Linux Performance Monitoring
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Viewing files at the command line
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whowatch- Linux and UNIX interactive, process and users monitoring tool
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DesktopNova Is A Wallpaper Rotation Application For Ubuntu Linux
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IceCat 5 installation on Debian 6 Squeeze
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Deciphering one of dpkg’s weirdest errors: unable to open ‘/path/to/foo.dpkg-new’
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Kpaste – a friend for the lazy
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How to fix configuration anarchy on the Linux desktop
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Solution to “There seems to be a programming error in aptdaemon”
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How to change Fedora’s font rendering to get an Ubuntu-like result
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Mark’s Quick Gimp Tip
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Creating Software-backed iSCSI Targets in Red Hat Enterprise Linux 6
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Wine
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Games
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Puzzle Moppet now on Gameolith!
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Helena the 3rd The Grande Finale
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Two Indie Linux Games to be Featured in ‘PAX 10′ this Year
Two Indie Linux Games, Atom Zombie Smasher and Snapshot have made in the PAX 10 list this year and will be featured at the PAX Prime from August 26-28 in Washington. The PAX 10 is a showcase of independent games to be exhibited at the event.
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OnLive Is Hiring More Engineers For Linux Client
OnLive, the cloud gaming platform where games are rendered and stored on servers, already has Windows and Mac OS X clients, but a Linux client is in the works. Back in March there was a job posting by OnLive where one of the responsibilities dealt with feature design and development for multiple platforms, including Linux. There’s also been other signs of OnLive for Linux in the works. The latest sign is a new job posting yesterday for the Linux client.
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Desktop Environments
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Thinking about Desktop Environments, Window Managers and how to get a lightweight desktop
LXDE: LXDE is a light environment with the traditional layout. It does not have that much customizability, but it is perfect if you just want a simple, easy to use and complete environment. LXDE uses the Openbox window manager, so any themes for Openbox will work in LXDE. Many pieces of LXDE will also work in other environments, and are available in individual packages. LXPanel is a very useful panel as it contains an automatically updating menu. LXAppearance can manage GTK themes, icon themes, fonts and, with a plugin, Openbox themes. PCManFm is a light file manager although I prefer Thunar. Leafpad is a light text editor, and LXTerminal is a good terminal.
Xfce: Xfce is a more complete replacement for Gnome 2.X, although it is still missing some features. There are some nice xfwm themes, but Metacity themes often look better. Xfce 4.8 can now use Alacarte to edit it’s menus and, with the help of xfapplet, can use many Gnome applets such as Dockbarx and MintMenu. Xfwm contains it’s own compositor, making Xfce great for those who want to use Docky or AWN without Compiz. Xfce is admittedly not as light as it once was, but it is still lighter than Gnome 2 and is a suitable replacement.
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K Desktop Environment/KDE SC)
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GNOME Desktop
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We have to let GNOME2 go
We will try to make the migration as much comfortable as possible. We have to let GNOME 2.32 go to its destiny. R.I.P.
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Distributions
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PCLinuxOS/Mageia/Mandrake/Mandriva Family
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We start collecting wishes for new build system
As you know, release of Mandriva 2011 is coming. After that our developers continue to upgrade and polish mandriva build system. We receive many requests from community, that new build system must have new features. So, for example, new policy to add/upgrage packets, new functionality to create own “spins”/distributions or just for building existing package but with other defaults, etc.
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Upstream Virtualbox + openssl versions on mandriva
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VirtualBox 4.1 Goes Gold
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Gentoo Family
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Pardus 2011.1 review
This article presents a review of the latest stable release, Pardus 2011.1, which was made available for download on July 12, 2011. It is the second this year and judging from the distribution’s recent release history, there should be one more before the end of the year.
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Red Hat Family
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Red Hat Confirms Plans for North America Partner Conference
Red Hat is gearing up to host a major North America Partner Conference (Oct. 26-28, Miami). The event signals a shift for Red Hat, which previously lumped partners and customers together at the annual Red Hat Summit. Here’s the update along with some insights from The VAR Guy.
Yes, the annual Red Hat Summit and Jboss World conference continues to grow, attracting hundreds of partners and customers alike. But Red Hat is finally prepared to put a dedicated spotlight on its North American partners. The October partner conference is expected to include distributors, system integrators, VARs, solutions providers, ISVs and OEMs. Attendance will be invitation only. More information is expected to reach partners this month.
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Fedora
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Distro testing marathon – Fedora 15 – Day 2/3
This is my second day with Fedora 15 Lovelock installed on my laptop. If you’ve missed the post about the first day you can find it here. Below are my thoughts about the Fedora experience
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Debian Family
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Derivatives
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Aptosid – An Overview
aptosid might sound like a package management tool, but it’s actually a desktop-orientated (KDE4 or XFCE) Debian derived Linux distro. It’s more than a mere respin of Debian, but does it have what it takes to distinguish it from all of the other desktop distros?
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Canonical/Ubuntu
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Ubuntu 12.04 LTS Release Schedule
The release schedule for the upcoming Ubuntu 12.04 LTS operating system has been published on the Ubuntu wiki. The distribution will be released at the end of April 2012.
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Flavours and Variants
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Linux Mint’s Debianized Xfce
I discovered Mandriva in the wake of a catastrophe…but that is a story for another day, one which I shall spin when I write up my review of Mageia. I bring up Mandriva because in my life, the most usable desktop I’ve ever found has been in the Gnome variant of Mandriva 2010. Mandriva 2010.2 is still a go-to installation on the laptop, but that one (and 2010.1) gave me a little trouble with sound on the “Fun Computer”. Otherwise, they were perfect, but a little less perfect, so to speak. But the combination of the Mandriva Control Center and the cool, crisp Gnome design is hard to beat.
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Devices/Embedded
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Open source remote controller flies model planes via Air Linux
Open source hacker community Gizmo For You is developing a Linux-based controller and separate receiver device to remotely control a model airplane or other vehicle. Starting at $670, the battery-operated Open Source RC (OSRC) runs Linux on a Gumstix Overo SBC and includes a 4.8-inch display, a smaller monochrome status display, a 2.4GHz RF radio, GPS, Wi-Fi, and Bluetooth for external thumbstick control.
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Gumstix, Inc. Introduces the $99 RoboVero™ Controller Board
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Phones
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Android
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5 Android Apps for Google Plus!
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It is time for Google to take control of Android
One of the reasons Android has grown like no mobile platform in history is the open nature of the OS. OEMs, developers and buyers have flocked to a platform that allows modifications across the board, creating the ability for anyone to make Android look and work in many ways. The looseness of the Android platform has been its biggest draw, but there is such a thing as too much openness, and it is beginning to impact customers in ways that Google surely didn’t intend to happen.
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Popular Android Game Apparatus Gets 3 New Levels
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Sub-notebooks/Tablets
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OLPC Plans Solar Charging, Satellite Internet for XO-3
One Laptop Per Child is developing new functionality and protection features for its upcoming XO-3 tablet with the hope to attract more interest in the device.
OLPC is designing rubber covers intended to protect the tablet but that could also integrate solar charging, satellite Internet or external keyboard capabilities, said Nicholas Negroponte, founder and chairman of One Laptop Per Child.
The tablet was originally announced in late 2009 with a projected price of under US$100. The XO-3 will become available early next year or perhaps sooner, and price is still being determined, but it will still be under $100, Negroponte said.
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HP officially launches webOS TouchPad … again?
When HP bought Palm last year I was hoping we would see less confusing messages and a more targeted focus for webOS with lots of resources to turn out great products. Instead, we end up with a rather lame tiny smartphone and then a tablet that was put on sale and then “officially launched” almost three weeks later. Yes, in case you didn’t know HP’s official launch for the HP TouchPad webOS tablet was yesterday, 17 July. I guess the 1 July release was just a practice run or something.
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HP TouchPad 32GB WebOS tablet
HP was right not to fear invidious comparisons with the iPad.
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Free Software/Open Source
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It’s Time for Packt’s Open Source Awards
Has it been a year already? It must have because Packt Publishing (news, site) is launching its annual Open Source Awards, formerly the Open Source CMS Awards, designed to recognize and support promising open source projects . This year’s awards will be very similar to the awards in previous years, but there are a few changes.
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Open Source Pulse Sensor Project Looking for Funds
An interesting new project on Kickstarter is raising money to support the creation of a small, cheap pulse sensor. The device is being developed on the open source Arduino platform so that it can be easily integrated into other projects.
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vSphere 5′s licensing opens the door for open source
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10 things to think about to improve software product descriptions
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Web Browsers
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SaaS
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OpenStack turns 1. What’s next?
OpenStack, the open-source, cloud-computing software project founded by Rackspace and NASA, celebrates its first birthday tomorrow. It has been a busy year for the project, which appears to have grown much faster than even its founders expected it would. A year in, OpenStack is still picking up steam and looks not only like an open source alternative to Amazon Web Services and VMware vCloud in the public Infrastructure as a Service space, but also a democratizing force in the private-cloud software space.
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Yahoo and open source
Yahoo is a well-known user of, and contributor to, open source projects. The company is most closely associated with Hadoop, and rightly so, as it is this open source project’s biggest contributor. Last month, it sponsored the Hadoop Summit 2011, in which its internal Hadoop experts, and others, ran a collection of workshops on the distributed workload operating system. It even announced that Yahoo had collected some top Hadoop engineers and spun off a new company, Hortonworks. Hortonworks hopes to sell Hadoop consulting services to enterprises.
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The big deal about big data
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OpenStack Turns One; What’s Next For The Open Source Cloud?
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Oracle/Java/LibreOffice
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VirtualBox 4.1 has been released! PPA Ubuntu
Oracle today released VirtualBox 4.1, a new major release. Introducing VM clones, this mean the ability to clone virtual machines via the GUI and VBoxManage, the New Advanced wizard for creating new virtual disks and virtual disk copy also for 64-bit memory limit is up to 1 TB. For guest Additions, status of modules and features can now be queried separately by the frontends, Experimental support for PCI passthrough for Linux hosts
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Free hypervisor adds virtual machine cloning
Oracle released a new version of its free virtualization software, now offering an easy way to clone virtual machines (VMs). VirtualBox 4.1 also includes a memory limit increase to 1TB for 64-bit hosts, guest support for Windows Aero, a new UDP networking tunnel for interconnecting VMs, and support for SATA hard disk hotplugging, among other cited new features.
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Oracle Improves VirtualBox 4.1
VirtualBox 4.1 is being officially released today, debuting new features that expand the use cases and deployability for the virtualization software. VirtualBox came into Oracle (NASDAQ: ORCL) as part of the Sun acquisition in 2010. The technology is used both as a desktop virtualization tool on the client side and as a virtual desktop infrastructure (VDI) delivery server side.
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Oracle revs VirtualBox, mushrooms memory
The open source VirtualBox hypervisor for PCs and servers got a major release on Tuesday when Oracle – which controls the VirtualBox project – kicked out version 4.1.
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Oracle Girds VirtualBox for Enterprise Use
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VirtualBox 4.1 Supports Upto 1TB RAM
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IBM to donate Symphony code to Apache for consideration
Six weeks ago I noted here that Oracle had to decided to offer the codebase for OpenOffice.org, the open source word processing, presentation, and spreadsheet software suite to the Apache Software Foundation. Two weeks after that, Apache voted to accept the proposed project for incubation. Now, one month later, IBM is announcing that it will offer the Symphony source code to the Apache OpenOffice incubator for consideration. Why and what does this mean?
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CMS
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Business
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consilium1 Announces Leadership Expansion to Support Growth in Open Source Adoption
consilium1, a specialized information technology consulting services company, announced today that Mark Lugert has joined the c1 executive team as Vice President, Professional Services. In this role, Lugert will be primarily responsible for driving the expansion of the company’s burgeoning Open Source Adoption practice.
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SugarCRM, Pentaho Proclaim Partner Momentum
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Semi-Open Source
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FSF/FSFE/GNU/SFLC
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Interview: Kuno Woudt, MusicBrainz
During November 2010, I travelled around Europe, meeting various free software developers on my way to FSCONS, the annual free software conference, in Gothenburg, Sweden.
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Leftovers
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Computer scientists say it’s time to start looking at treatment of data waste
Hasan and Burns analyzed three computers: a MacBook laptop, a desktop running Ubuntu Linux and a Fedora Linux fileserver in the University Library (Linux is a variant of the Unix operating system used primarily at educational and research institutions).
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How to move your Facebook photos to Google+
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Security
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Lulz Security hackers target Sun website
A group of computer hackers has tampered with the website of the Sun, owned by News International.
At first, readers were redirected to a hoax story which said Rupert Murdoch had been found dead in his garden.
A group of hackers called Lulz Security, which has previously targeted companies including Sony, said on Twitter it was behind the attack.
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PR/AstroTurf/Lobbying
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ALEC, For-Profit Criminal Justice, and Wisconsin
As the first half of 2011 has revealed, Wisconsin is not a moderate “purple” state, but a state divided between staunchly “blue” progressives and righteous “red” right-wingers. That rift is particularly apparent in legislative conflicts over the criminal justice system, a debate spurred by corporate interests represented in the American Legislative Exchange Council (ALEC) and perpetuated by ALEC legislative members, including Wisconsin Governor Scott Walker.
Wisconsin’s history and public policy reflects the red/blue divide. It is the state that gave birth to the Republican Party, which supported slavery abolition, and the John Birch Society, which opposed the civil rights movement. In the first half of the 20th Century, the state elected both progressive hero Robert “Fighting Bob” LaFollette and right-wing extremist Joe McCarthy. It is the state that elected both former Senator Russ Feingold (D) and Representative Paul Ryan (R).
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ALEC Exposed: Milton Friedman’s Little Shop of Horrors
Although he passed away in 2006, states are now grappling with many of the toxic notions left behind by University of Chicago economist Milton Friedman.
In her groundbreaking book, The Shock Doctrine, Naomi Klein coined the term “disaster capitalism” for the rapid-fire corporate re-engineering of societies still reeling from shock. The master of disaster? Privatization and free market guru Milton Friedman. Friedman advised governments in economic crisis to follow strict austerity measures, combining radical cuts in social services with the full-scale privatization of their more lucrative assets. Many countries in Latin America auctioned off everything standing — from energy and water utilities to Social Security — to for profit multinational firms, crushing unions and other dissenters along the way.
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Censorship
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Telex to help defeat web censors
Data smuggling software could help citizens in countries operating strict net filters visit any site they want.
Developed by US computer scientists the software, called Telex, hides data from banned websites inside traffic from sites deemed safe.
The software draws on well-known encryption techniques to conceal data making it hard to decipher.
So far, Telex is only a prototype but in tests it has been able to defeat Chinese web filters.
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Reader’s Picks
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35% of tech professionals support for gnu/linux.
A person or company that only “supports Windows” is not doing its job, which is to provide a service not to promote Microsoft. ISPs and tech professionals should be familiar with reasonable standards, not one of the dozens of Windows GUIs.
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Health/Nutrition
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Defence/Police/Aggression
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US Police are citing child porn as a reason to mandate 18 month ISP logs on all users.
In other news, a 95 year old woman was forced to remove her diaper, a woman in Nashville was arrested for refusing xray and groping for her daughter and a US court had decided in EPIC vs DHS that the TSA may continue to xray people.
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A DHS Facial recognition system in Massachusetts has brought State Police down on 1,000 people who happened to look like someone else.
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Anti-Trust
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PR/AstroTurf/Lobbying
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Civil Rights
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A man was unable to give blood because he looked like a homosexual.
The Food and Drug Administration policy, implemented in 1983, states that men who have had sex — even once — with another man (since 1977) are not allowed to donate blood. … jToday, all donated blood is tested for HIV, as well as for hepatitis B and C, syphilis and other infectious diseases, before it can be released to hospitals. This is why gay activists, blood centers including the American Red Cross, and even some lawmakers now claim the lifetime ban is “medically and scientifically unwarranted.”
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A Department of Homeland Security court case exposes all sorts of state bigotry.
Ohio Homeland Security fired its Muslim liaison officer because he objected to its use of tax dollars to create programs “asserting that all Central Ohio Muslims and Arabs were terrorists or terrorism sympathizers … [and] included a picture of plaintiff as an example of a terrorist sympathizer,” … His problems apparently began when OHS and ODPS began receiving public criticism about his work – or the fact that they had hired someone to do such a job at all.
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Internet/Net Neutrality
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A bill before the US Congress would allow incumbents to bid on TV White space spectrum to keep it from becoming unlicensed..
The entire spectrum should be delicensed immediately but the rich and powerful want the control telco and broadcast give them.
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Intellectual Monopolies
What Next for US Patent Law?
Original photo by Matt Buchanan; edited by Techrights
Summary: Amid controversy and uncertainty around the Bilski case, American professionals express their opinions on the future of software patents in the United States
AS NOTED in a previous post, software patents continue to die sometimes, owing in part to In Re Bilski court decisions. Groklaw comments on developers leaving or not catering for the US market and adds the “Inevitable” observation. Professor Webbink writes:”Unfortunately, patent reform is not going to help change this, either in the short run or long run, because patent reform is not addressing what technologies are patentable. While many of us had hoped the decision in Bilski [PDF] would be a first step, the U.S. Supreme Court clearly placed the determination of patentable subject matter in the lap of the U.S. Congress. Yes, Bilksi may have trimmed around the edges, but clever patent attorneys will still work around it. Moreover, given that the U.S. Congress has taken more than eight years to get a patent reform bill to a vote, it simply is not likely that Congress would vote to remove software from the realm of patents.
“Until these patent holders get a good taste of what they are in for, like losing their precious patents, this sort of thing is not going to stop. And if the patents are put into reexamination or litigated in enough courts, they stand a good chance of losing the critical claims of those patents. Look what has happened in the Bedrock case. The $5 million judgment against Google was vacated [PDF] when Google and Bedrock reached a settlement (undoubtedly for far less), and many of the rest of the cases have since been dismissed with prejudice, meaning Bedrock cannot bring those suits again. In other words, a lot of these “presumed to be valid” patents are, in fact, not valid at all.”
There is a new batch of articles worrying about the fate of ‘clouds’ (Fog Computing) in the face of software patents [1, 2] and the latter example (from a self-professed “practitioner of intellectual property”) says:
Software Patents are commonly a hot topic of debate. Having been a developer, I believe that software patents are a burden on innovation, as are copyrights which are eventually enforced. While there are efforts to control the quality of patents being granted in Europe and the USA, and the debate (specifically against business method patents) is now amplified, one cannot say the same for the Indian context. Being a practitioner of intellectual property, I have come to realise that software patents are a fact of life and they are here to stay. Additionally, given that most of the labour-intensive areas are in India (for software development), the only incentive for real innovation – in terms of fostering product-based companies rather than another services company – would be to really demystify what software patents are being to the table, in terms of a defence card.
This is not true. Software patents may be legal in the US (but only on the verge of reversal given the controversy), so to say “that software patents are a fact of life and they are here to stay” is simply defeatism and misdirection. We also hear this from lobbyists such as Microsoft Florian. █
Apple’s Not-So-Many Anti-Android (and Linux-Hostile) Patents Seen as Invalid, Google to Help Eliminate a Couple
Image from Wikipedia
Summary: As expected, Google steps in to defend Android distributors from patent attacks that mostly fall flat on their face (80% of the patents discarded)
TECHRIGHTS watches the Android patent situation closely because it impacts the future of GNU/Linux, even if just by inference. Google responds with its former CEO claiming that Apple resorts to patent aggression because it “can’t respond through innovation” (he does not imply that innovation means patents but rather the opposite). “Patents must be invalid soon. Free world must help here,” exclaims one of our readers. It is true that lack of software patents is essential for software freedom, which is why this whole subject is so important. Those who cannot recognise the importance of the matter are advised to look at the recent history of software patents, especially after the patent deal with Novell (which gave purpose to this site).
The remarks from Google’s outgoing CEO are important because they suggest that Google will step up to defend partners and patents are currently not the weapon (or defence) of choice. Recall the past of Schmidt inside Apple. He only recently (in historical terms) walked away from Apple and now he slams Apple, promising to defend against Apple’s attacks:
Schmidt, speaking at a Google mobile conference in Tokyo today, expressed confidence that HTC will ultimately prevail over Apple, ZDNet Asia reports.
“We have seen an explosion of Android devices entering the market and, because of our successes, competitors are responding with lawsuits as they cannot respond through innovations,” he said. “I’m not too worried about this.”
The ITC is crippling the US by denying import of fine products. That is the background to the story above. And in other news, Apple’s products too might get banned because of the ITC, the enforcement agency of the USPTO, i.e. another inherently corrupted institute which is run by those looking for profit, not public services.
Despite gloomy predictions, the real scenario involves just two patents that need to be tackled now. As one way of putting it:
Apple have filed thirteen complaints of patent violations against HTC (one of the three largest Android device manufacturers) to the US International Trade Commission. This particular body has the right to uphold or ignore patent claims, and in the case of the former the main committee can force a complete import ban on all infringing devices.
It turns out that two patents have already been upheld in this way.
Most of the press just went along with this kind of coverage, looking at the empty half (or 20%) of the glass.
Apple won the preliminary ruling at the end of last week, giving it more confidence that it will prevail in its complaint that HTC is infringing two of its patents. HTC of course will continue to litigate the matter, because as we all know much of the business of the modern IT firm is to sit in court rooms and squabble over who did what to whom and when and how.
It is not clear how applicable this is to companies other than HTC, but some journalists speculate to amplify the fear (Microsoft Florian the lobbyist is pushing for this sort of spin behind the scenes).
Quoting some more coverage of the case, Wintel press (which likes to quote pro-Microsoft talking points) goes with the Microsoft/Apple mainstream, whereas Neil Richards challenges the lack of balance by stating: “ITC, The U.S. International Trade Commission, has rejected 8 out of 10 patent claims made by Apple. Apple originally files a complaint that HTC infringes upon 10 of its patents. The judge ruled that HTC infringed only on 2 patents.
“It is a dead end for Android? No. According to reports only one of the two patents in question might be related to Android.
“Some newspapers are reporting the doom of Android, all referring to a blog written by Florian Mueller. Mueller wrote as if the case is the end of Android without mentioning that it was Apple which lost 8 patents, which means the company won’t be able to use those patents against any other mobile player.
Why are they quoting a lobbyist? This just shows the sad state of today’s press.
Christine Hall has strong criticism of Apple, noting that “Apple Patents Portrait/Landscape Flipping”. She alleges that the “other evil empire, Apple, has managed to obtain a patent on the gee-whiz portrait/landscape flipping feature on the iPhone (and about all other mobile devices these days). Does anybody besides me smell a bunch of lawsuits in the works?”
Well, as put by a reader yesterday, “As M$ becomes less relevant, Apple might become more of a problem especially with patents.
“Apple is now valued at $336 billion. That makes anything it does, good or bad, more pronounced.” █
US Patent Cartel Recognised, Legally Challenged, Software Patents Gradually Die
Summary: The cartel being formed against Linux and other disruptive new players is noticed and more software patents are dying in the US
“Good starting to stop devil things,” tells us a reader who found out about the downfall of software patents, at least perceptually. For those who have not followed news in this area, Charles from The Guardian wrote a very influential piece that helped change public attitude towards software patents (more on that later as the situation gets worse in the US [1, 2]). It’s about the harm of software patents to the US economy. Additional Lodsys attacks (now against Best Buy and Adidas) further motivate this sentiment and “Software Patents: Death Of American Dream” is a self-explanatory headline.
“Developers remove apps from US store, fearing patent lawsuits,” says another headline and even terminology has gone mad when O’Reilly’s group says that “Intellectual property gone mad”. It’s about patents:
Patent and copyright law in the U.S. derives from the Constitution, and it’s for a specific purpose: “To promote the progress of science and useful arts” (Article I, section 8). If app developers are being driven out of the U.S. market by patent controlling, patent law is failing in its constitutional goal; indeed, it’s forcing “science and the useful arts” to take place elsewhere. That’s a problem that needs to be addressed, particularly at a time when the software industry is one of the few thriving areas of the U.S. economy, and when startups (and in my book, that includes independent developers) drive most of the potential for job growth in the economy.
I don’t see any relief coming from the patent system as it currently exists. The bigger question is whether software should be patentable at all. As Nat Torkington (@gnat) has reported, New Zealand’s Parliament has a bill before it that will ban software patents, despite the lobbying of software giants in the U.S. and elsewhere. Still, at this point, significant changes to U.S. patent law belong in the realm of pleasant fantasy. Much as I would like to see it happen, I can’t imagine Congress standing up to an onslaught of lobbyists paid by some of the largest corporations in the U.S.
Surely it becomes evident that the US is harming itself by going along with ludicrous laws.
“The market for software patents is hardly dead. Indeed, as shown by recent transactions, including the princely sum ($4.5 billion) bid for Nortel’s portfolio by Microsoft, Apple, and others, it’s acting very healthy. But it could be coming down with something serious. Stay tuned,” writes Rob Tiller in relation to other news. To quote:
When the Supreme Court declined to speak to software patenting in the Bilski case, there was wailing and gnashing of teeth in the open source software world. The new Bilski test for patentable subject matter looked at first like the status quo for software patentability. But, being the sort of person who tries to check clouds for a possible silver lining, I noted a possibility that courts and the Board of Patent Appeals and Interferences would read the test to invalidate some software patents. Later I noted that there were a number of early decisions finding software unpatentable.
That trend is continuing in a good direction. A new study of the first full year of decisions applying Bilski to software confirms that the direction of the case law is toward finding software is not patentable subject matter. The study by Robert Greene Sterne and Michelle K. Holoubek is titled The Practical Side of §101 : One year post-Bilski: How the decision is being interpreted by the BPAI, District Courts, and Federal Circuit. [PDF] It contains brief summaries of 182 decisions of the BPAI, 6 federal district court decisions, and 3 Federal Circuit decisions. The majority of the BPAI and district court decisions concern software. And many of those software decisions apply Bilski to find that the subject matter is too abstract to be patented.
We already covered software patents getting killed by Bilski rulings (at various levels) even years ago. It is good to know that this is still going on. Since Tiller mentioned the cartel formed around Nortel’s portfolio it is worth taking note of what Professor Webbink had to say:
Two weeks ago we asked why the Nortel patent sale to Microsoft, Apple, and others wasn’t getting Federal Trade Commission and/or Department of Justice Scrutiny (see, Nortel Patent Sale – Why Isn’t It Getting FTC/DOJ Scrutiny?). Well, we don’t have to ask that question any more. And the government concern is not just in the U.S.; Canada is also looking into the sale.
As we noted this month, both the Canadian and US regulators scrutinised the deal and reports about it being approved were perhaps not entirely sound. Maybe the opposition to the deal comes from multiple levels. Regulators are still lurking. “There must be informed Federal CIO that there must be investigations in patent system and must be informed about problems of companies that is suing about patents and software patents as soon as possible must be stopped and this guy can help,” says one person. An outgoing federal CIO meanwhile warns of ‘an IT cartel’, based on this article in relation to a similar problem:
In a wide-ranging discussion Friday with President Barack Obama’s top science advisors, Federal CIO Vivek Kundra warned of the dangers of open data access and complained of “an IT cartel” of vendors.
He also believes the U.S. can operate with just a few data centers.
Kundra, who is leaving his job in mid-August, offered a kaleidoscopic view of his concerns about federal IT in an appearance before President’s Council of Advisors on Science and Technology.
In particular, Kundra is worried about the “mosaic effect,” the unintended consequence of government data sharing, where data sets are combined angd layered in ways that can strip away privacy and pose security threats.
How come they don’t go after patent cartels first? These surely do exist. And how come the government, while it’s at it, cannot seem to pursue Microsoft for its avoidance of tax? Even the Indian government has done something about it and one reader gave us some links about it [1, 2], adding: “How Microsoft India avoids taxes through “Gracemac”: goo.gl/upsbD and IT Tribunal taking note of it: goo.gl/NRn3t”
We already wrote about Microsoft avoidance of tax many times before.
Check out this new article which says: Are programming languages, program functionality, and data interfaces protectable by copyright law or not? These questions were highly contentious in the United States during the mid-1980s to the mid-1990s. Plaintiffs in several cases argued that because these were parts of the “structure, sequence, and organization” (SSO) of programs, they should be within the scope of copyright protection accorded to programs as “literary works.” The EU is now confronting these same questions in the SAS Institute v. World Programming Ltd. case which is pending before the European Court of Justice (ECJ).”
Thanks to Carlo Piana for spotting this and noting: “Think #swpats are a nightmare? If SAS/World Progr. gets bad we’ll have SWpats w/out pre-exam. http://ur1.ca/4qarq ACT NOW: RT!”
The threat just never goes away, does it? But we are gradually winning this fight. More on this subject in the next post…█
Microsoft Contracts Run Out as National Budgets Run Dry
Summary: Deficit and debt lead to cuts in the public sector, which in turn puts Microsoft out of the acceptable price range
SOME MONTHS ago we wrote about the South African dilemma and Microsoft's fight against Free software in that nation. While the budget was there, it was possible for cronies to defend Microsoft contracts, but what happens amid depression or at least a recession?
Recently we learned that the NHS is having problems signing the outrageous UK-wide deals with Microsoft. As the economy weakens in the West, it becomes harder for governments to justify just blindly renewing Microsoft deals. We are going to see more of that in years to come because national debts keep growing along with unemployment and there is public pressure to cut expenses at the federal level. Coming from the South African press we have this interesting new article titled “Govt to ditch Microsoft?” It says:
“Microsoft wants money from us all of a sudden and we don’t have the budget for it,” says Rayner.
He adds that a national contract was signed in 2002 as a two-year deal for the SA Software Donation Programme. “I was part of the negotiating committee at the time. As far as I was aware at the time, perpetuity applied.”
The contract was signed for two years and then extended twice for three-year periods and eventually expired in June 2010.
“Then Microsoft announced its intention to charge us for what they’ve been giving us for free all this time. They’re now demanding a subscription fee.”
Anti-competitive donation?
However, education lead at Microsoft SA Reza Bardien says Microsoft is surprised at this reaction since the six-year extension on the deal was given to allow the department to budget for the monetised structure.
“Moving from a free to a monetised agreement requires time on the part of the Department of Education so they can budget and this is why the extension was given. A two-year software agreement grew to an eight-year one and so we’re surprised at this take.”
Click hereHe adds that it was agreed after the second three-year extension that the deal would then definitely come to an end. “We were explicit that it would definitely end in June 2010.”
“It is important for Microsoft to move the department to a paying model, as per original intent, as we run the risk of being deemed as behaving in an anti-competitive manner by offering free software,” says the company.
It is only a matter of time before/until the public sector widely adopts Free software (at all levels, not just operating systems) and Brazil provides an example in the sense that it’s a large nation that values libre, not just libra (gold), Microsoft has been busy trying to make Free/libre software expensive, first using copyrights e.g. (the SCO case, which still refuses to go away based on PJ’s update) and then software patents — a subject that Techrights tackles as a matter of high priority. The next few posts will be dedicated to this subject. █