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I Don't Believe in Imaginary Property writes "Red Hat has filed a friend of the court brief with the Supreme Court in regards to the In Re Bilski case, which has become incredibly important due to the possibility that it could redefine the scope of patentable subject matter in a way that affects software patents. In the brief, Red Hat argues that software should not be considered patentable subject matter because it causes economic harm due to patents being granted with vague subject matter, which makes it impossible to say that a given piece of software doesn't arguably infringe upon someone's patent. They also point out Knuth's famous quote that you can't differentiate between 'numeric' and 'non-numeric' algorithms, because numbers are no different from other kinds of precise information." Read below for the submitter's thoughts on an earlier amicus brief filed in the Bilski case by Professor Lee Hollaar.
It's a pity, though, that they don't seem to directly address Professor Lee Hollaar's brief that gave a hand-waving excuse about the Curry-Howard correspondence being merely 'cosmetic' (whatever that means), even though you can turn ZFC into a program (ZFC being the axiomatic framework in which almost all math is done) and you can turn programs into math in order to verify them. Of course, this is the guy who called the successor function 'essentially nonsense', presumably because he doesn't think that mathematicians can differentiate between assignment and equality the way computer scientists can.

I Don't Believe in Imaginary Property writes "After the permanent injunction barring Microsoft from selling Microsoft Word, many armchair lawyers and pundits wondered how the ruling would affect OpenOffice. The company with the patent, i4i, believes that OpenOffice does not infringe upon it. But lest anyone think that therefore ODF will win out over OOXML, keep in mind that Microsoft has its own broad XML document patent, which issued just two weeks ago, having been filed in December 2004, and they're telling the Supreme Court to apply the Bilski ruling narrowly, so that it doesn't invalidate patents like theirs (and i4i's). After all, unlike most companies and individuals, Microsoft can afford $290 million infringement fines. Then again, given that Microsoft's new patent has only two independent claims (claim #1 and claim #12), and both of those claims 'comprise' something using an 'XML file format for documents associated with an application having a rich set of features,' maybe they wouldn't be that hard to work around if you just make sure any otherwise infringing format is only associated with an application lacking in the feature richness department."

I Don't Believe in Imaginary Property writes "The judge overseeing the SCO Chapter 11 bankruptcy case has issued an order appointing a chapter 11 trustee to oversee SCO's operations. However, the judge's reasoning is far from clear. While the judge believes that SCO has 'abandoned rehabilitation' to bet its future on litigation, he doesn't think it appropriate to convert their case to Chapter 7 liquidation. So SCO's management hasn't been fired yet, but they're no longer fully in charge either. It's not clear why the bankruptcy judge opted for this solution, when even the US Trustee was pushing to fire SCO's management and convert the case to Chapter 7. In short, SCO is still only mostly dead, rather than all dead, and in desperate search of a miracle worker."

eldavojohn writes "SCO lost last year and began the bankruptcy filings a long time ago but PJ has some speculative bad news on what they retain through the bankruptcy proceedings. SCO proposes to sell a number of assets to an outfit called UnXis, which PJ characterizes this way: 'It starts to hint that this is more a renaming, taking in some new management who seem to have financial expertise, and SCO keeps skipping along as unXis, with the dangerous litigation spun off safely into a litigation troll.' In their filings SCO says they retain 'their litigation and related claims against International Business Machines Corporation, Novell, Inc., AutoZone Corporation, Red Hat and certain Linux users which are not material customers of UnXis (excluding certain large-scale users of Linux servers) that are claimed to have infringed against UNIX copyrights.' So that's still a possibility they could go after anyone who is a 'certain Linux user.' And what's even worse is that they'll retain a patent for running multiple Java applications on a single Java virtual machine. We may not be out of the SCO litigation woods yet."

eldavojohn writes "Groklaw brings us news of Microsoft holding the smoking gun in regards to the death of Linux on netbooks. You see, the question of Linux on netbooks in Taiwan was put forth to the Taiwan Trade Authority director, who replied, 'In our association we operate as a consortium, like the open source consortium. They want to promote open source and Linux. But if you begin from the PC you are afraid of Microsoft. They try to go to the smart phone or PDA to start again.' It's simple; fear will keep them in line. PJ points out, 'So next time you hear Microsoft bragging that people prefer their software to Linux on netbooks, you'll know better. If they really believed that, they'd let the market speak, on a level playing field. If I say my horse is faster than yours, and you says yours is faster, and we let our horses race around the track, that establishes the point. But if you shoot my horse, that leaves questions in the air. Is your horse really faster? If so, why shoot my horse?'"

clemenstimpler sends a link to Groklaw, which has been following the proceedings dealing with the conversion of SCO's bankruptcy to Chapter 7 (i.e., liquidating the company). SCO has announced a prospective buyer. "...SCO has suggested it has a buyer. That doesn't mean it will avoid Chapter 7 of course, nor does it mean that the bankruptcy court will OK the suggested sale. But it likely does mean more delay, which is what this is likely all about. SCO very much wants to wait until the appeals court rules in SCO v. Novell. ... Hearing set for July 16 with backup for July 27. SCO has already moved to make it July 27. combo hearing on convert and sale. Frankly, it would not totally amaze me if the three entities that filed motions to convert were to appeal this. If not, SCO got its desired delay."

eldavojohn writes "Groklaw is examining the possibility of an anti-ODF whisper campaign and the effects it has had on the ODF and OOXML Wikipedia articles. In the ODF article, Alex Brown bends the truth to make it seem like no one is supporting ODF, and that it is a flawed and incomplete standard. From the conclusion, 'So what is one to do? You obviously can't trust Wikipedia whatsoever in this area. This is unfortunate, since I am a big fan of Wikipedia. But since the day when Microsoft decided they needed to pay people to "improve" the ODF and OOXML articles, they have been a cesspool of FUD, spin and outright lies, seemingly manufactured for Microsoft's re-use in their whisper campaign. My advice would be to seek out official information on the standards, from the relevant organizations, like OASIS, the chairs of the relevant committees, etc. Ask the questions in public places and seek a public response. That is the ultimate weakness of FUD and lies. They cannot stand the light of public exposure. Sunlight is the best antiseptic.'"

eldavojohn notes that Groklaw is highlighting the unexpected Wolfram|Alpha ToS — unexpected, that is, for those of us accustomed to Google's "just don't use it to break the law, please" terms. Nothing wrong with Wolfram setting any terms they like, of course. Just be aware. "We've seen people comparing Wolfram's Alpha to Google's Search from a technical standpoint but Groklaw outlined the legal differences in a post yesterday. Wolfram|Alpha's terms of use are completely different in that it is not a search engine; it's a computational service. The legalese says that they claim copyright on the each results page and require attribution. So for you academics out there, be careful. Groklaw notes this is interesting considering some of its results quote 2001: A Space Odyssey or Douglas Adams. Claiming copyright on that material may be a bold move. There's more: if you build a service that uses their service or deep-links to it, you may be facilitating your users to break their terms of use, and you may be held liable."

Several readers including Pop69 inform us that the US Trustee's office has asked to convert SCO's Chapter 11 bankruptcy to Chapter 7 — a.k.a. liquidation. Groklaw has the text of the filing: "...not only is there no reasonable chance of 'rehabilitation' in these cases, the Debtors have tried — and failed — to liquidate their business in chapter 11."

jabjoe writes "Groklaw is highlighting a new document from the European Committee for Interoperable Systems (PDF) about the history of Microsoft's anti-competitive behavior. Quoting: 'ECIS has written it in support of the EU Commission's recent preliminary findings, on January 15, 2009, that Microsoft violated antitrust law by tying IE to Windows. It is, to the best of my knowledge, the first time that the issue of Microsoft's patent threats against Linux have been framed in a context of anti-competitive conduct.' The report itself contains interesting quotes, like this one from Microsoft's Thomas Reardon: '[W]e should just quietly grow j++ share and assume that people will take more advantage of our classes without ever realizing they are building win32-only java apps.' It also has the Gates 1998 Deposition."

jabjoe writes "Groklaw is highlighting a new document from the European Committee for Interoperable Systems (PDF) about the history of Microsoft's anti-competitive behavior. Quoting: 'ECIS has written it in support of the EU Commission's recent preliminary findings, on January 15, 2009, that Microsoft violated antitrust law by tying IE to Windows. It is, to the best of my knowledge, the first time that the issue of Microsoft's patent threats against Linux have been framed in a context of anti-competitive conduct.' The report itself contains interesting quotes, like this one from Microsoft's Thomas Reardon: '[W]e should just quietly grow j++ share and assume that people will take more advantage of our classes without ever realizing they are building win32-only java apps.' It also has the Gates 1998 Deposition."

NewYorkCountryLawyer writes "The Obama Administration's Department of Justice, with former RIAA lawyers occupying the 2nd and 3rd highest positions in the department, has shown its colors, intervening on behalf of the RIAA in the case against a Boston University graduate student, SONY BMG Music Entertainment v. Tenenbaum, accused of file sharing when he was 17 years old. Its oversized, 39-page brief (PDF) relies upon a United States Supreme Court decision from 1919 which upheld a statutory damages award, in a case involving overpriced railway tickets, equal to 116 times the actual damages sustained, and a 2007 Circuit Court decision which held that the 1919 decision — rather than the Supreme Court's more recent decisions involving punitive damages — was applicable to an award against a Karaoke CD distributor for 44 times the actual damages. Of course none of the cited cases dealt with the ratios sought by the RIAA: 2,100 to 425,000 times the actual damages for an MP3 file. Interestingly, the Government brief asked the Judge not to rule on the issue at this time, but to wait until after a trial. Also interestingly, although the brief sought to rebut, one by one, each argument that had been made by the defendant in his brief, it totally ignored all of the authorities and arguments that had been made by the Free Software Foundation in its brief. Commentators had been fearing that the Obama/Biden administration would be tools of the RIAA; does this filing confirm those fears?"

I Don't Believe in Imaginary Property writes "Lawyer Scott Harris, one of the inventors of the concept of a 'marketing company devoted to selling/marketing products produced by other companies in return for a share of their profits,' is appealing the USPTO's rejection of US Patent Application No. 09/387,823 which was intended to patent that 'invention.' This court action is important because it directly challenges the In Re Bilski ruling, which tightened the rules to get rid of most so-called 'business method' patents. One of Mr. Harris's legal theories is that a 'company is a physical thing, and as such analogous to a machine.' If the name seems familiar, it's because Mr. Harris has a long history of inventive legal maneuverings. I'm honestly surprised that SCO never tried to hire or sue him."

dan of the north notes a change of direction at Groklaw. Pamela Jones (PJ) writes: "I think we need to use this time to perfect our work and ensure Groklaw's preservation. It will require shutting down the daily articles and News Picks, at least for the forseeable future, but I'm convinced it's important to do it. One of the core purposes of Groklaw has always been to create a reliable record for historians and law schools to use our materials to teach and inform. ... I choose to make sure our work as fully reliable, comprehensive and, to the degree humanly possible, permanent. ... Groklaw's collection of materials is really valuable. I'd like to ensure that it survives. ... We've covered the SCO litigations since May of 2003, and it's the only complete record of this important phase in IT history."

NewYorkCountryLawyer writes "After learning that Professor Nesson's CyberLaw class at Harvard Law School has set up a Facebook page to assist in its defense of Joel Tenenbaum in an RIAA case, SONY BMG Music v. Tenenbaum, Wendy Davis of the Online Daily Examiner opines that 'Web 2.0,' and more particularly, the 'social media,' are playing an increasingly important role in RIAA litigation. We at Slashdot have already learned that principle, and have made good use of it, as have our friends at Groklaw."

rgraham writes "From the article on Growler: 'Apple apparently believes that somebody else is behind Psystar, which might help to explain why a major law firm would take on what seems like a fly-by-night's case; also why Psystar has been so bold in continuing to sell its products. I knew this thing felt funny. As Alice in Wonderland might put it, "It gets interestinger and interestinger."'"

Bootsy Collins writes "Last Wednesday, the Lori Drew 'cyberbullying' case ended in three misdemeanor convictions under the Computer Fraud and Abuse Act, a 1986 US Federal law intended to address illegally accessing computer systems. The interpretation of the act by the Court to cover violations of website terms of service, a circumstance obviously not considered in the law's formulation and passage, may have profound effects on the intersection of the Internet and US law. Referring to an amicus curiae brief filed by online rights organizations and law professors, PJ at Groklaw breaks down the implications of the decision to support her assertion that 'unless this case is overturned, it is time to get off the Internet completely, because it will have become too risky to use a computer.'"

twitter writes "P.J. concludes her look at the Bilski decision: 'you'll recall patent lawyer Gene Quinn immediately wrote that it was bad news for Microsoft, that "much of the Microsoft patent portfolio has gone up in smoke" because, as Quinn's partner John White pointed out to him, "Microsoft doesn't make machines." Not just Microsoft. His analysis was that many software patents that had issued prior to Bilski, depending on how they were drafted, "are almost certainly now worthless." ... He was not the only attorney to think about Microsoft in writing about Bilski.'"

Xenographic writes "SCO has finally lost to Novell, now that Judge Kimball has entered final judgment against SCO. Of course, this is SCO we're talking about. There's still the litigation in bankruptcy court, which allowed this case to resume so that they could figure out just how much SCO owes, which is $3,506,526, if I calculated the interest properly, $625,486.90 of which will go into a constructive trust. And then there's the possibility that SCO could seek to have the judgment overturned in the appeals courts, or even the Supreme Court when that fails. Of course, they need money to do that and they don't really have much of that any more. Remember how Enderle, O'Gara and company told us that SCO was sure to win? I wonder how many people have emailed them to say, 'I told you so.'"

what about sends in a Groklaw alert warning that, by PJ's reading, Microsoft may be trying to take over ODF via a stacked SC 34 committee. The article lists the attendees at an SC 34 meeting in July and gives their affiliations, which the official meeting materials do not. (The attendees of the October 1 meeting, which generated a takeover proposal to OASIS, are not known in full.) "Why do I say Microsoft, when this is SC 34? Look at this ... list of participants in the July meeting in Japan of the SC 34 committee. The committee membership is so tilted by Microsoft employees and such, if it were a boat, it would capsize ... Of the 19 attendees, 8 are outright Microsoft employees or consultants, and 2 of them are Ecma TC45 members. So 10 out of 19 are directly controlled by Microsoft/Ecma ... [I]f the takeover were to succeed, SC 34 would get to maintain ODF as well as Microsoft's competing parody 'standard,' OOXML. How totally smooth and shark-like. Under the guise of 'synchronized maintenance,' without which they claim SC 34 can't fulfill its responsibilities, they get control of everything." A related submission from David Gerard points out that BoycottNovell has leaked the ISO OOXML documents, which ISO has kept behind passwords.

Less than a week ago, Mozilla asked (and Canonical relucantly agreed, in development versions of Intrepid Ibex) that users be required on first use to agree to a EULA before using Firefox. This drew lots of criticism, and Mozilla agreed that the requirement was flawed. Now, according to a story at Groklaw, the EULA requirement's been done away with. From the Groklaw article linked: "Bottom line: Now, you can install and use Firefox without having to agree to a EULA. The services have been separated out. If they were opt in instead of opt out, I'd be happier, but this is acceptable to me. There may be further tweaks, I understand, but I think it's time to acknowledge that Mozilla is behaving very well indeed now and demonstrating a desire to get this right."

NewYorkCountryLawyer writes "J. K. Rowling didn't make enough money on Harry Potter, so she had to make sure that the 'Harry Potter Lexicon' was shut down. After a trial in Manhattan in Warner Bros. v. RDR Books, she won, getting the judge to agree with her (and her friends at Warner Bros. Entertainment) that the 'Lexicon' did not qualify for fair use protection. In a 68-page decision (PDF) the judge concluded that the Lexicon did a little too much 'verbatim copying,' competed with Ms. Rowling's planned encyclopedia, and might compete with her exploitation of songs and poems from the Harry Potter books, although she never made any such claim in presenting her evidence. The judge awarded her $6,750 and granted her an injunction that would prevent the 'Lexicon' from seeing the light of day." Groklaw has an exhaustive discussion of the judgement.

I Don't Believe in Imaginary Property writes "William Patry, noted copyright expert and Google's top copyright lawyer, has decided to close his personal blog. (For no reason that he has explained, the archives are gone too.) Ordinarily, that wouldn't be very newsworthy, but that little blog has made a lot of news, outing the ACTA treaty and discussing lots of other important pending legislation. Mr. Patry gives two reasons for the closure: his personal views were being attributed to Google, and the current trends in copyright law are too depressing. Though I am not the only one to have done so, as someone who has contributed to that misunderstanding by listing his credentials without a disclaimer, I would like to publicly apologize to him. Unfortunately, there's nothing I can do to reverse the depressing trends in copyright law that I'm not doing already."

I Don't Believe in Imaginary Property writes "A Florida patent troll called Channel Intelligence is suing everyone from Lemonade to Remember the Milk for infringing on patent 6,917,941, which covers storing a wishlist in a database. Amazon and eBay are absent from the list of targets, even though they very likely store users' wishlists in a database. With any luck, perhaps one of the defendants will get to use that precedent PJ found the other day from In re Lintner, which said, '[c]laims which are broad enough to read on obvious subject matter are unpatentable even though they also read on non-obvious subject matter.'"

CrkHead writes "Groklaw has posted Judge Kimball's ruling on SCO v Novell. For those that have been following this saga, we finally get to watch the house of cards start to fall. For those new to this story, it started with SCO suing Novell and having all its motions decided in summary judgement and went to trial only on Novell's counter claims. Cheers to PJ for keeping us informed!"

I Don't Believe in Imaginary Property writes "With SCO in Chapter 11 bankruptcy and there being little to read other than status reports and the boring financial details of how the company is wasting its last few dollars, one could be excused for thinking the SCO lawsuits had lost their zip. But things just got a bit more interesting. Jonathan Lee Riches has asked the court to take over. Yes, the man also known as inmate #40948-018 is now bringing his legal experience to the table, having previously filed pro se lawsuits against such entities as Michael Vick, Michael Jordan, Mickey Mantle, the Lincoln Memorial, the Thirteen Tribes of Israel, 'Various Buddhist Monks,' Mein Kampf, Denny's, George W. Bush, the Soviet Gulag Archipelago, Bellevue Hospital, Iran's Evin Prison, Auschwitz, and Plato. In his hand-written pro se motion (PDF), he asks to intervene as Plaintiff pursuant to FRCP 24(a)(2). As best anyone can read the motion, it appears that he offered Novell some 'royalty payments' and they refused them, so he wants to protect his UnixWare rights. He also claims to have proof of SCO's claims, but he wants take over part of the case via FRCP 24 because SCO isn't competent, and allegedly he could do a better job. To be fair, between him and Darl, it's something of a toss-up."

I Don't Believe in Imaginary Property writes "With SCO in Chapter 11 bankruptcy and there being little to read other than status reports and the boring financial details of how the company is wasting its last few dollars, one could be excused for thinking the SCO lawsuits had lost their zip. But things just got a bit more interesting. Jonathan Lee Riches has asked the court to take over. Yes, the man also known as inmate #40948-018 is now bringing his legal experience to the table, having previously filed pro se lawsuits against such entities as Michael Vick, Michael Jordan, Mickey Mantle, the Lincoln Memorial, the Thirteen Tribes of Israel, 'Various Buddhist Monks,' Mein Kampf, Denny's, George W. Bush, the Soviet Gulag Archipelago, Bellevue Hospital, Iran's Evin Prison, Auschwitz, and Plato. In his hand-written pro se motion (PDF), he asks to intervene as Plaintiff pursuant to FRCP 24(a)(2). As best anyone can read the motion, it appears that he offered Novell some 'royalty payments' and they refused them, so he wants to protect his UnixWare rights. He also claims to have proof of SCO's claims, but he wants take over part of the case via FRCP 24 because SCO isn't competent, and allegedly he could do a better job. To be fair, between him and Darl, it's something of a toss-up."

Jiilik Oiolosse writes "PJ at Groklaw speaks with a member of the KDE team about some of the common myths circulating about KDE 4. 'There has been a bit of a dustup about KDE 4.0. A lot of opinions have been expressed, but I thought you might like to hear from KDE. So I wrote to them and asked if they'd be willing to explain their choices and answer the main complaints. They graciously agreed.' Among the topics discussed are: 'Releasing KDE 4.0 was a mistake,' 'I cannot put files on my desktop,' and 'KDE should just have ported KDE 3.5 to Qt 4 and not add all that other experimental stuff right away.'"

An anonymous reader passes along word that ISO has responded to the four appeals filed against the approval of OOXML as a standard. To no one's surprise, ISO says that there was nothing wrong with the process. Groklaw's coverage is (as usual) the most comprehensive. Andy Updegrove summarizes ISO's position this way: "1. All judgments made during the course of the process were appropriately made under the applicable Directives. 2. The fact that the BRM voted on all proposed resolutions in some fashion satisfies the requirements of the Directives. 3. The fact that a sufficient percentage of National Bodies (NBs) ultimately voted to approve DIS 29500 ratifies the process and any flaws in that process. 4. Many objections, regardless of their merits, are irrelevant to the appeals process."

Bruce Perens writes "Red Hat has settled patent suits with Firestar Software, Inc., Amphion, and Datatern on a patent covering the Object-Relational Database Model, which those companies asserted was used in the jBoss Hibernate package — not in Red Hat Linux. The settlement is said to protect upstream developers and derivative works of the upstream software, thus protecting the overall Open Source community. Full terms of the settlement and patent licenses are not available at this time." Reader Koohoolinn adds a link to RedHat's own report of the settlement and adds that the deal "is GPLv2 and even GPLv3-compatible." Koohoolinn also points out commentary on Groklaw that this deal "means that those who claim the GPL isolates itself from standards bodies' IP pledges are wrong. It is possible to come up with language that satisfies the GPL and still acknowledges patents, and this is the proof. That means Microsoft could do it for OOXML if it wanted to. So who is isolating whom?"

schliz alerts us that ISO, in response to the four appeals (Venezuela, India, Brazil, South Africa) filed in recent weeks, has put the OOXML standardization process on hold. Here is ISO's press release, which says that ISO/IEC DIS 29500 will not be published for at least "several months" while the appeals process goes forward.
Update: 06/11 10:13 GMT by KD : Reader Alsee points out that the fourth officially recognized appealing country is Venezuela, not Denmark as originally stated. The protests of Denmark and Norway are being disregarded, as they do not come from the administrative heads of their national organizations.

I Don't Believe in Imaginary Property writes "The rumors of a fourth OOXML complaint turned out to be true. Denmark has become the fourth nation to protest the ISO's acceptance of OOXML, and Groklaw has a translation of their complaint. They now join India, Brazil, and South Africa. There are going to be plenty of questions about deadlines, because people have been given two different deadlines for appeals, and the final DIS of OOXML was late in being distributed and not widely available. In fact, that seems to be one of Denmark's complaints, along with missing XML schemas, contradictory wording, lack of interoperability, and troubles with the maintenance of DIS29500. In other words, we should expect a lot of wrangling over untested rules from here on out, and Microsoft knows how to deal with that."

I Don't Believe in Imaginary Property writes "The rumors of a fourth OOXML complaint turned out to be true. Denmark has become the fourth nation to protest the ISO's acceptance of OOXML, and Groklaw has a translation of their complaint. They now join India, Brazil, and South Africa. There are going to be plenty of questions about deadlines, because people have been given two different deadlines for appeals, and the final DIS of OOXML was late in being distributed and not widely available. In fact, that seems to be one of Denmark's complaints, along with missing XML schemas, contradictory wording, lack of interoperability, and troubles with the maintenance of DIS29500. In other words, we should expect a lot of wrangling over untested rules from here on out, and Microsoft knows how to deal with that."

I Don't Believe in Imaginary Property writes "India is now the third country to appeal the ISO's approval of OOXML, with their appeal arriving just before the deadline last night. According to PC World, this makes OOXML the first BRM process under ISO/JTC 1 to be appealed, which leaves us in uncharted territory. Although there was substantial confusion in the comments on yesterday's story, Brazil is really appealing, not merely disapproving, of OOXML, having sent a letter that begins with 'The Associação Brasileira de Normas Técnicas (ABNT), as a P member of ISO/IEC/JTC1/SC34, would like to present, to ISO/IEC/JTC1 and ISO/IEC/JTC1/SC34, this appeal for reconsideration of the ISO/IEC DIS 29500 final result.' Groklaw speculates that this may have something to do with Microsoft hedging their bets by supporting ODF 1.1 in Office 2007, though we probably won't see any more countries appeal now that the deadline has passed."

I Don't Believe in Imaginary Property writes "Brazil is now appealing the ISO's decision to standardize OOXML, following South Africa's lead. Interestingly, part of the reason this took so long was that Microsoft supporters at the meetings kept asking for delays because they 'weren't prepared' to discuss the issues raised. And the ISO as a whole is moving rather slowly, after that delay in releasing the DIS. But at least the ISO is also rewriting the directives in a special working group so this doesn't happen again. Of course, they'd have to be strict about making sure the directives are followed for it to help."

dmbasso writes "Continuing its strategy to support FOSS application on the Windows platform, Microsoft mailed the Blender developers asking how they could help improve the experience of Blender users on Windows. Groklaw puts it in perspective using Steve Ballmer's own words."

l2718 writes "Yesterday we discussed Skype's appeal of a German court's ruling against them regarding a violation of the GPL. Harald Welte (the plaintiff) now reports in his blog that following oral argument, Skype decided to drop the appeal and accept the lower court ruling in Weite's favor. More details and analysis at Groklaw. Congratulations to Mr. Welte and GPL-violations.org!"

UnknowingFool writes "Everyone's favorite CEO Darl McBride took the stand on Wednesday April 30 in Novell v. SCO. Chris Brown has posted his account on Groklaw of the 2nd day of trial. The first day's account can be found here. To refresh your memory in this ongoing case, Judge Kimball has already ruled that Novell owns the copyrights to Unix and has practically dismissed all of SCO's claims. This portion of the trial is about Novell's counterclaims that SCO never paid them the money from the Sun and MS deals. What is to be determined in this trial is how much of the money from the deals were for Unix licensing (SVRx) and how much were for SCO's server technology (Unixware)." (Read on for the rest, below.) UnknowingFool continues:

"Reading the account, it seems that the SCO folks are currently trying to delicately separate Unixware and SVRx. However Novell's lawyers are quickly pointing out in the past where SCO made no distinction between SVRx and Unixware in their literature or press releases. In day 1's account, SCO's tree picture shows Unix as SCO IP (Unix).

Also SCO's position is that it owes Novell nothing because the deals to MS and Sun were Unixware deals and not SCOSource deals (the much despised Linux licensing program) or SVRx deals. Novell points out fatal flaws in SCO's arguments. Sun wanted the ability to open source some of their Solaris code (which became OpenSolaris). Solaris and Unixware both branched from SVR4 so they would need permission from the owner of SVRx copyrights, not the Unixware owner. That owner is Novell. The MS deal is a little different in that MS wanted Unixware rights AND rights to legacy Unix (SVRx).

The best part of the cross-examination was Darl refusing to admit that the MS and Sun deals were not SCOSource, but Novell showing SCO's financial statements (10Q) where both deals were listed under SCOSource and not Unixware revenue."

UnknowingFool writes "Everyone's favorite CEO Darl McBride took the stand on Wednesday April 30 in Novell v. SCO. Chris Brown has posted his account on Groklaw of the 2nd day of trial. The first day's account can be found here. To refresh your memory in this ongoing case, Judge Kimball has already ruled that Novell owns the copyrights to Unix and has practically dismissed all of SCO's claims. This portion of the trial is about Novell's counterclaims that SCO never paid them the money from the Sun and MS deals. What is to be determined in this trial is how much of the money from the deals were for Unix licensing (SVRx) and how much were for SCO's server technology (Unixware)." (Read on for the rest, below.) UnknowingFool continues:

"Reading the account, it seems that the SCO folks are currently trying to delicately separate Unixware and SVRx. However Novell's lawyers are quickly pointing out in the past where SCO made no distinction between SVRx and Unixware in their literature or press releases. In day 1's account, SCO's tree picture shows Unix as SCO IP (Unix).

Also SCO's position is that it owes Novell nothing because the deals to MS and Sun were Unixware deals and not SCOSource deals (the much despised Linux licensing program) or SVRx deals. Novell points out fatal flaws in SCO's arguments. Sun wanted the ability to open source some of their Solaris code (which became OpenSolaris). Solaris and Unixware both branched from SVR4 so they would need permission from the owner of SVRx copyrights, not the Unixware owner. That owner is Novell. The MS deal is a little different in that MS wanted Unixware rights AND rights to legacy Unix (SVRx).

The best part of the cross-examination was Darl refusing to admit that the MS and Sun deals were not SCOSource, but Novell showing SCO's financial statements (10Q) where both deals were listed under SCOSource and not Unixware revenue."

I Don't Believe in Imaginary Property writes "The day many have been waiting for has finally arrived, the day SCO gets torn apart in court by Novell. Each side gets 10 hours, and Novell managed to get them to agree to a stipulation (PDF) that should make things go a lot faster. With any luck, we will soon have an official ruling that SCO does not own much of anything and then we just have to wait for SCO to exhaust its appeals. This would've been over a long time ago, but SCO filed for bankruptcy on the eve of trial, stopping the clock. One can only wonder what trick they will try to pull this time."

I Don't Believe in Imaginary Property writes "The day many have been waiting for has finally arrived, the day SCO gets torn apart in court by Novell. Each side gets 10 hours, and Novell managed to get them to agree to a stipulation (PDF) that should make things go a lot faster. With any luck, we will soon have an official ruling that SCO does not own much of anything and then we just have to wait for SCO to exhaust its appeals. This would've been over a long time ago, but SCO filed for bankruptcy on the eve of trial, stopping the clock. One can only wonder what trick they will try to pull this time."

I Don't Believe in Imaginary Property writes "Rambus has won its appeal in the DC Circuit Court of Appeals. The decision said that it wasn't sufficient to prove that Rambus lied or harmed competitors; the FTC had to prove that it harmed consumers in order to fall under anti-trust law. This is, unfortunately, a very dangerous ruling in light of some of Microsoft's activities relating to OOXML because it raises the bar on the proof required to act against such behavior. However, the ruling in the Rambus case was merely vacated and remanded for further proceedings, not overturned. So, if the evidence warrants, the lower court might be able to decide that consumers were actually harmed by Rambus' conduct and rule against them. Alternatively, this ruling could be appealed to the Supreme Court by filing a petition for a writ of certiorari, but the Supreme Court only grants a few of those per year."

I Don't Believe in Imaginary Property writes "Groklaw is reporting that some people have decided to compare the OOXML schema to actual Microsoft Office 2007 documents. It won't surprise you to know that Office 2007 failed miserably. If you go by the strict OOXML schema, you get a 17 MiB file containing approximately 122,000 errors, and 'somewhat less' with the transitional OOXML schema. Most of the problems reportedly relate to the serialization/deserialization code. How many other fast-tracked ISO standards have no conforming implementations?"

I Don't Believe in Imaginary Property writes "The ISO has put out a FAQ concerning OOXML, but it may raise more questions than it answers. For one, it promises to address problems if they arise in the future. PJ of Groklaw said that's akin to 'selling you a car with four different sizes of tires and assuring that that if you see it's a problem, you can always bring it in for maintenance.' It also handwaves the OSP discriminatory patent promise issues, when asked about contradictions states that some 'may still remain', and asserts that duplicate standards are 'something that need[s] to be decided by the market place.' Notably, the FAQ does not answer the question, 'what the hell were you thinking?'"

David Gerard writes "From Groklaw: Heidi Rühle, a Green Party MEP, has presented a question regarding whether or not Microsoft should be considered as having failed to fulfill the conditions to participate in public procurement procedures in Europe, as laid out in Article 93(b) and (c) of Financial Regulation — '(b) they have been convicted of an offense concerning their professional conduct by a judgment which has the force of res judicata; (c) they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify' — and the Commission anti-trust penalty just happens to fulfill both of those conditions." The EU Commission is required to respond within 6 weeks to such a question from a member of Parliament.

I Don't Believe in Imaginary Property writes "Since January, the EU has been investigating whether Microsoft broke anti-trust laws while advocating OOXML. That investigation continues following its passage as a standard. Meanwhile, the ISO approval of OOXML is being appealed, so Microsoft hasn't won just yet."

Tokimasa notes a CNet blog predicting that OOXML will make the cut. Updegrove agrees, as does the OpenMalasia blog. Reports of irregularities continue to surface, such as this one from Norway — "The meeting: 27 people in the room, 4 of which were administrative staff from Standard Norge. The outcome: Of the 24 members attending, 19 disapproved, 5 approved. The result: The administrative staff decided that Norway wants to approve OOXML as an ISO standard." Groklaw adds reportage of odd processes in Germany and Croatia.

michuk writes "IBM's representative for KT182 (the committee empowered to vote on OOXML in Poland) accused the committee's chair of intentionally manipulating the process. A letter from the president of the body overseeing KT182, sent a month ago to the committee chair for distribution to all committee members, was never distributed. The letter recommended that, if consensus were not achieved on the OOXML vote, then Poland should abstain. This follows up my recent report on the OOXML process in Poland (also covered by Groklaw), it looks like things are going bad this time, at least as bad as in October." The EU is already investigating the Polish process based on complaints last fall. Is anyone tracking all of the allegations and investigations surrounding OOXML?

I Don't Believe in Imaginary Property writes "Unsurprisingly, all of SCO's creditors have objected to the plan to reimburse York for the failed 'emergency' deal. Novell's tiny seven page objection (PDF) is hilarious and very readable. They don't hold back at all, saying that 'all that happened is that the Debtors spent money needlessly on a proceeding that was, to all intents and purposes, stillborn had it not been for the stubbornness of the Debtors' management and the avarice of York,' and that it was 'another really bad deal they have chased in ceaseless pursuit of their dreams of a litigation bonanza.' They top it off by concluding with the line, 'for the reasons explained above, the Court should deny the Motion as the Debtors' worst and least supported idea yet in these cases.' One can only wonder how SCO will respond to this."

I Don't Believe in Imaginary Property writes "Unsurprisingly, all of SCO's creditors have objected to the plan to reimburse York for the failed 'emergency' deal. Novell's tiny seven page objection (PDF) is hilarious and very readable. They don't hold back at all, saying that 'all that happened is that the Debtors spent money needlessly on a proceeding that was, to all intents and purposes, stillborn had it not been for the stubbornness of the Debtors' management and the avarice of York,' and that it was 'another really bad deal they have chased in ceaseless pursuit of their dreams of a litigation bonanza.' They top it off by concluding with the line, 'for the reasons explained above, the Court should deny the Motion as the Debtors' worst and least supported idea yet in these cases.' One can only wonder how SCO will respond to this."