Headlines:
| Oracle v. Google - Google Wins on Claim Construction Issues |
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Thursday, January 26 2012 @ 09:30 AM EST
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The court has sided with Google on two of the three remaining claims construction issues. In an order (704 [PDF; Text]) issued yesterday the court interpreted two terms to have the meaning ascribed by Google and overruled the definition advanced by Oracle. The court has elected to leave the third term for consideration at trial, if necessary.
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| Oracle v. Google - Oracle to Produce Third Attempt at Damages Report |
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Wednesday, January 25 2012 @ 01:30 AM EST
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"Oracle America, Inc. will submit a damages report in accordance with the terms set forth in the
Court’s Order."
With that short statement [PDF] Oracle advised the court today that it will undertake a third attempt to produce a satisfactory damages report and that it will do so in compliance with the orders of the court. I have no doubt they will produce the report. Whether they will be able to restrain themselves in the manner directed by the court remains to be seen. If past history is any indication, don't hold your breath.
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| Mosaid v. Red Hat - MOSAID responds |
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Tuesday, January 24 2012 @ 08:45 AM EST
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Facing numerous filings that either seek to dismiss MOSAID's claims altogether or to block MOSAID from filing a second amended complaint, MOSAID has now responded with a raft of responses. Of course, MOSAID believes the law is on its side and that all parties should remain in the conjoined suit and all of MOSAID's new claims added in the second amended complaint should be permitted. How the court decides these issues will largely determine whether this ends up as one suit or multiple suits. In any case, don't expect MOSAID to back down.
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| Nokia struggles some more to evade Barnes & Noble's discovery requests ~ pj |
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Monday, January 23 2012 @ 09:17 AM EST
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Nokia continues to struggle mightily to get free from Barnes & Noble's discovery requests. Barnes & Noble, you'll recall, succeeded in persuading the ITC to recommend that Finland help it to do depositions of some Nokia executives, including Stephen Elop, and also get its hands on some documents that Nokia isn't willing to provide voluntarily.
So the necessary request documents were sent to Finland, and then Nokia started going wild with efforts to block. And it continues to do so, telling the court all the steps it's taken, and asking ITC to quash the Barnes & Noble motion or in the alternative to advise Finland that it can't provide any discovery until the motion is ruled on. Nokia also has complaints about what it represents to both Finland and the ITC as being Barnes & Noble's misstatements about the case. And now Microsoft has asked the court to quash a motion to depose Steve Ballmer. It's under seal, but I'm sure we can guess at its contents. After all, we've seen companies try to keep their executives from having to get involved in litigation before, and so far, they all had to testify. Remember SCO v. IBM? Sam Palmisano had to testify because he had "unique personal knowledge", or so the judge believed. If the CEO knows things other people don't, no matter how busy he is, he will likely have to testify. I'm sure Microsoft lawyers know that, so in the alternative, they ask that he be allowed to testify by videoconference.
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| Oracle Gets a Spanking & a 3rd Try to Come Up With a Usable Expert Damages Report ~ pj |
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Thursday, January 19 2012 @ 09:40 PM EST
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The parties in Oracle v. Google have been busy debating whether or not Oracle should be allowed to submit yet a third expert damages report, after the judge found the first two were ridiculously wrong. He didn't accept the way Oracle came up with such huge damages numbers, the very ones that made headlines when the case was new.
Now the judge has issued an order [PDF], an unusual one by his own admission, a conditional order that allows Oracle a kind of limited third try by its expert, Dr. Ian Cockburn, "so long as his methodology conforms to the prior rulings herein". There will be depositions, too, with possible further Daubert motions possible afterwards from both sides. This will all be on Oracle's dime:
Oracle has already had two full and fair opportunities and has overreached on both. Oracle has behaved unreasonably and should bear the burden of the consequences.
So, a third try, subject to the judge's conditions, if Oracle wishes to accept them. Either this judge has the patience of a saint, or he discerns that Oracle's case is falling apart and without a damages report it has zero chance.
Do you remember in the beginning, when this case was new, and a self-described "expert" in the media was pushing the idea that Oracle would win billions and billions in damages? I snorted, if you recall, and now we see it playing out. This judge isn't buying those stratospheric Oracle numbers.
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| How SOPA and PIPA Affect US Websites and Companies ~pj |
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Thursday, January 19 2012 @ 09:20 AM EST
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Khan Academy has provided a very helpful video, "SOPA and PIPA : What SOPA and PIPA are at face value and what they could end up enabling", explaining how SOPA and PIPA would work. It gives the lie to those supporters of the bills who claim it is targeting *only* foreign and illegal sites. Khan Academy, the famous non-profit
educational site, shows how this "shoot-first, ask-questions-later" legislation could affect YouTube, Facebook or CNN, any site with user-generated content. I hope journalists and members of Congress in particular will view the video, because he goes through the wording of the proposed bills, bit by bit. It's the best I've seen, by far. And for the rest of us, if we see journalists making mistakes in covering this story, why not let them know about this resource in a friendly way?
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| The First Internet Strike in History a Success ~pj |
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Wednesday, January 18 2012 @ 12:18 PM EST
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The Washington Post
reports that Rep. Darrell Issa of California, who opposed SOPA/PIPA, has put out a statement saying, "The voice of the Internet community has been heard," and that there will be no vote in the House on the bills so detested by the entire technical and Internet communities. “Much more education for Members of Congress about the workings of the Internet is essential,” Issa says. That's exactly what Groklaw will try to help with. Education is what we do. But you can do it too, if you look for opportunities. It's free for all who wish to help. Clearly they do not understand the technical issues that almost broke the Internet, so why not help out? Most of the blacked-out sites have links to further information. XKCD, for example, has helpful links to explanations regarding some of the technical damage that these bills represented, as well as a link to a complete list of members of Congress. Your comments here are of real value too. By all means, let's help those who don't have a technical background to understand how these Internet "pipes" work, eh? I continue to suggest that each member of Congress consider adding a technical advisor to their staff, so that nothing like this disaster can happen again.
This is tech history, so I've collected screenshots for you of some of the many, many sites that are on strike today. The complete list, with links, is on SOPAstrike.com. I see media reports that Google and Wikipedia are on strike, but this strike turned out to be much larger than that.
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| Oracle v. Google - Oracle (Sort of) Requests a Third Damages Report |
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Wednesday, January 18 2012 @ 11:30 AM EST
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What part of the word NO does Oracle not understand? Why is it that legal counsel for Oracle is incapable of complying with a simple, straightforward request from the court? Why does legal counsel for Oracle believe it must rehash, time and again, arguments that have already failed to satisfy the court? If you have answers for any of these questions, you might want to give Oracle a heads up.
In his January 9 order (685 [PDF; Text]) finding largely in favor of Google's request to exclude portions of the Cockburn Damages report, Judge Alsup invited each of the parties to:
"submit 20-page memoranda on whether Dr. Cockburn should be allowed a third try."
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| Microsoft Files Motion for Judgment as a Matter of Law |
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Monday, January 16 2012 @ 09:30 AM EST
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As promised Microsoft has now filed its renewed motion for judgment as a matter of law [PDF; Text] in the Novell case. Nothing terribly surprising here, and we don't know what arguments Microsoft will set forth to support this motion, although Microsoft renews its arguments set forth in its original motion from November 17.
One thing that drips with irony is Microsoft's claims about what a reasonable jury would have done:
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| Oracle v. Google - Rock, Meet Hard Place |
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Friday, January 13 2012 @ 10:35 AM EST
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As we had predicted when Judge Alsup ruled against Oracle and substantially granted Google's request to exclude portions of the Cockburn [Oracle] damages report, if Oracle decides to attempt a third submission it will significantly delay this trial.
But a third (or fourth or fifth) response by Oracle may be a two-edged sword. Each successive response is almost certain to have an impact on the trial date and will also extend the time available to the U.S. Patent and Trademark Office to continue invalidating the asserted patents. Oracle could end up doing a revised damages report only to find there has been no damage. Maybe Google should tell the court to allow Oracle all the attempts it needs to accomplish what the court asked Oracle (and Prof. Cockburn) to do last July.
Judge Alsup has now confirmed this conundrum in his further ruling on the final pretrial order [PDF; Text]:
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The ACTA Fight Returns: What Is at Stake and What You Can Do
The reverberations from the SOPA fight continue to be felt in the U.S. (excellent analysis from Benkler and
Downes) and elsewhere (mounting Canadian concern that Bill C-11 could be amended to adopt SOPA-like rules), but it is the Anti-Counterfeiting Trade Agreement that has captured increasing attention this week. Several months after the majority of ACTA participants signed the agreement, most European Union countries formally signed the agreement yesterday (notable exclusions include Germany, the Netherlands, Estonia, Cyprus and Slovakia).
This has generated a flurry of furious protest: thousands have taken to the streets in protest in Poland, nearly 250,000 people have
signed a petition against the agreement, and a Member of the European Parliament has resigned his position as rapporteur to scrutinize the agreement, concluding that the entire review process is a "charade."...
Given the ongoing concerns, the big question now is whether much can be done....The dangers associated with ACTA are not limited to this particular agreement. The agreement opens the door to further secretive negotiations, such as the Trans Pacific Partnership, which contain extensive IP provisions that extend beyond ACTA. The SOPA battle was a big win for those concerned with balanced copyright and the open Internet, but it is by no means the end of the fight. - Michael Geist
Microsoft seeking open-source expert to help put Linux on Azure
As I blogged earlier this month, Microsoft is preparing to enable Linux to run on its Windows Azure cloud platform. A test build of the coming Linux virtual-machine capability is slated for March, according to my contacts.
For those still doubting this is on the Microsoft roadmap, I’ve got a new piece of evidence. A contact of mine provided me with a link to a Microsoft job posting for a software development engineer at Microsoft that calls for some serious Linux credentials....
Senior Software Development Engineer/Linux Virtualization
This position requires a proven track record in the open source community.
[PJ: Well, if the person taking the job starts with a proven track record in the open source community, he'll surely lose his cred if he goes to work for Microsoft, methinks. Microsoft needs to quit using patents to damage Android if it wants people with real open source cred to help them.] - Mary Jo Foley, ZDNet
Facebook Readies IPO Filing for Next Week
Morgan Stanley, people familiar said, is the strong frontrunner for the much-coveted "lead left" position on Facebook's IPO documents to be filed with the Securities and Exchange Commission. ...
The IPO is likely to have two or more active managers, people familiar with the matter said. Morgan Stanley rival Goldman Sachs Group Inc. is expected to play a significant role in the deal, according to people familiar with the matter. As a result, Goldman also would likely also snag significant fees. - WSJ
Who Really Stopped SOPA, and Why?
After sixteen successful efforts to extend or enhance copyright law over the last thirty-five years, the content industry’s perfect winning streak had finally ended....But to imagine that the millions of Internet users who took to the virtual streets over the last few months were simply responding to the clarion call of technology companies misses the real point–dangerously so.
Rather, it was the users who urged and sometimes pressured technology companies to oppose the bills, not the other way around. While the big companies eventually came on board, the push for them to do so came largely from activists using social networking and social news sites, including Facebook, Twitter, Tumblr and Reddit, to build momentum and exert leverage, sometimes on the very companies whose tools they were using.
If there is a first mover in this creation story, it would start with the influential blog Techdirt and its founder Mike Masnick. When PIPA passed out of a Senate committee in May without any debate, Masnick started writing every day (sometimes many times a day) about the potential danger of the bill and the disingenuous process by which it was being railroaded through Congress....
In Washington, the accepted wisdom by year-end was that the technology industry had matured at last into a lobbying force commensurate with its size and pocketbook. But what everyone missed was that the users had opened a third front in this fight, and clearly the one that determined its outcome.
The bitroots movement wasn’t led by Google. It wasn’t led by anyone. Even to look for its leaders is to miss the point. Internet users didn’t lobby or buy their way into influence. They used the tools at their disposal—Tumblr, Facebook, Twitter and the rest—to make their voices heard. They encouraged voluntary boycotts and blackouts, and organized awareness days. This was a revolt of, by and with social networks, turning the tools that organized them into groups in the first place into potent new weapons for political advocacy. The users had figured out how to hack politics. - Larry Downes, Tech Freedom
Samsung: Smartphones Up 30 Percent But You Have To Guess How Many We Sold
Samsung may be king of the Android smartphone world, but it’s playing hard to get. The company declined to release smartphone sales figures late Thursday in reporting record earnings, but it is clearly faring better than some Android competitors against Apple’s iPhone juggernaut. - Tom Krazit, paidContent
Nokia Tottering At The Top Of Mobile Rankings; Apple Leading Smartphones
Nokia trailed the two by nearly twelve percentage points for the quarter, a big reversal from a year ago when it was well in the lead as the biggest-single smartphone maker....On shipments versus sales. While these numbers can be instructive, they can also be confusing: If you look at Strategy Analytics’ “shipments” numbers, they are the same as the “sales” numbers that companies like Apple and Nokia reported this week. Neil Mawston, executive director for Strategy Analytics’ global wireless practice, says vendors “tend to use those words interchangeably” even though one refers to actual devices in people’s hands, while the other is for devices that have been shipped to distributors, but not necessarily sold. “They can be open to interpretation,” he admitted. “A lot of companies use smoke and mirrors,” so Strategy Analytics uses other measures such as “channel checks” to measure shipments. - Ingrid Lunden, paidContent
A Maple Leaf Rag: Intellectual Property Analysis of WiLAN v Research In Motion
WiLAN, a Canadian patent licensing, non-operating entity, has sued
struggling Canadian Blackberry producer Research In Motion over patent
infringement. Again. Is WiLAN trying to recover its losses from a
failed hostile takeover of fellow patent licensor Mosaid? Or, are they
trying to "bring value to industry and consumers" by asserting one
patent that was passed along to at least four different owners before it
was ever owned by WiLAN, and asserting another that claims rights to a
keyboard?...
After launching a failed hostile takeover of fellow non-operating entity Mosaid Technologies in August 2011, WiLAN’s wallet is $10 million Canadian dollars lighter . As such, if you are a patent licensing, non-operating entity in Canada, what better way to make up that loss than to sue another Canadian company that does produce products? Because “developing, protecting, and monetizing technology intellectual property … that’s the WiLAN Way.” - M*CAM
Bill Gates: Rich Should Pay More Taxes (VIDEO)
"The United States has a huge budget deficit, so taxes are going to have to go up," the Microsoft co-founder told the BBC. "And I certainly agree that they should go up more on the rich than everyone else. That's just justice." - Huffington Post
Common Crawl Founder Gil Elbaz Speaks About New Relationship With Amazon
The Common Crawl Foundation’s repository of openly and freely accessible web crawl data is about to go live as a Public Data Set on Amazon Web Services. The non-profit Common Crawl is the vision of Gil Elbaz, who founded Applied Semantics and the AdSense technology for which Google acquired it , as well as the Factual open data aggregation platform, and it counts Nova Spivack — who’s been behind semantic services from Twine to Bottlenose – among its board of directors.
Elbaz’ goal in developing the repository: “You can’t access, let alone download, the Google or the Bing crawl data. So certainly we’re differentiated in being very open and transparent about what we’re crawling and actually making it available to developers,” he says. - SemanticWeb.com
Spain’s Extremadura Moves 40,000 PCs to Linux
Teodomiro Cayetano López, Extremadura's CIO (Chief Information Officer), confirmed on January 23rd that the administration of Spain’s autonomous region will move all their desktop PCs to Debian Linux.
"The project is really advanced and we hope to start the deployment the next spring, finishing it in December." said Teodomiro Cayetano López in the press release, referring to the Debian distribution that will be installed on all 40,000 computers.
The Extremadura administration's computers will receive the same Debian Linux OS used by the region's
public health services and schools for about five years now, LinEx. - Softpedia
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