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US District Court: Restoration of Copyright in Public Domain Foreign Works Is Unconstitutional

Groklaw - Sun, 04/05/2009 - 10:05pm
The US District Court for the District of Colorado has just granted a motion for summary judgment in Golan v. Holder you will want to know about. It is a very big deal. Anthony Falzone, Executive Director of the Fair Use Project at Stanford's Center for Internet and Society, who led this effort, says, "It is the first time a court has held any part of the Copyright Act violates the First Amendment and the first time any court has placed specific constitutional limits on the government's ability to erode the public domain." I read it as saying that nothing, not any treaty, not even the Berne Convention, can trump the US Constitution.

That's what I love about it.

Categories: LAMP News

Blogging Is Not Writing - And That's Great!

toasterz.com - Sun, 04/05/2009 - 7:01pm

The brouhaha between 'good' writing and blogging is really an inability to recognize that blogging is to writing as small talk is to discourse. Without chit chat, huge amounts of contextual info is missing from a 'real' conversation. Blogs and tweets fill this contextual gap. It's 'natural' from a linguistic point of view. Blogs & tweets (bleats?) help inform and cultivate a richer relationship between speaker & listener.

The following is from wikipedia on an emerging 'discourse community', developed by linguist Johnathan Swales:

read more

Categories: LAMP News

03 April 2009 - Apavhe PyLucene 2.4.1-1 released

Apache - Sat, 04/04/2009 - 8:31am
The Apache Lucene Project is pleased to announce the availability of Apache PyLucene 2.4.1.

Apache PyLucene, a subproject of Apache Lucene, is a Python extension for accessing Java Lucene. Its goal is to allow you to use Lucene's text indexing and searching capabilities from Python. It is API compatible with the latest version of Java Lucene, 2.4.1.

Apache PyLucene 2.4.1 is the first release of PyLucene since its recent move to the Apache Software Foundation as a Lucene subproject earlier this year.

If contains a number of bug fixes and improvements. Details can be found in the changes files:

http://svn.apache.org/repos/asf/lucene/pylucene/tags/pylucene_2_4_1/CHANGES
http://svn.apache.org/repos/asf/lucene/pylucene/tags/pylucene_2_4_1/jcc/CHANGES

Apache PyLucene 2.4.1 is available from the following download page:
http://www.apache.org/dyn/closer.cgi/lucene/pylucene/pylucene-2.4.1-1-src.tar.gz

When downloading from a mirror site, please remember to verify the downloads using signatures found on the Apache site:
http://www.apache.org/dist/lucene/pylucene/KEYS

For more information on Apache PyLucene, visit the project home page:
http://lucene.apache.org/pylucene

[ Category : Apache Lucene ]

Categories: LAMP News

Novell Responds to SCO's Objections to Its Bill of Costs (and Some Bankruptcy Bills) - Updated

Groklaw - Fri, 04/03/2009 - 9:39pm
Novell has responded [PDF] to SCO's Objections to Novell's Bill of Costs, submitted as the prevailing party in SCO v. Novell.

Novell defends its Bill of Costs generally, in all the four categories that SCO listed objections to -- room rental fees, video fees, other deposition costs, and deposition costs concerning the SCO v. IBM litigation. Novell says it will withdraw a paltry $2,522.74 in conference room charges, but defends all the rest of its costs. SCO had objected to $50,586.14 in Novell's costs out of the total of $124,331.70, so a $2,522.74 reduction isn't much.

SCO also is objecting to video syncing fees -- syncing the video with the transcripts, so as to make the video searchable by keyword. SCO had cited a case -- In re Williams Secs. Litig.-WCG Subclass -- but Novell points out the case actually supports Novell, which we had noticed too. Novell attaches it as Exhibit 3 [PDF], and we have it here as plain text.

SCO *didn't* contest, Novell points out, most of the bill of costs, and it didn't contest that each of the depositions for which Novell seeks to recover costs were "reasonably necessary to the litigation of the case", which is the standard.

We also have some boring filings in the bankruptcy, like an 18th bill from Tanner. 18th. It covers March, so here's hoping Tanner is lining up some new customers. I'm thinking this revenue stream might not spring eternal.

Categories: LAMP News

TomTom and Microsoft each file notices of dismissal "without prejudice"

Groklaw - Thu, 04/02/2009 - 6:03pm
Two notices of dismissal have been filed with the courts -- Microsoft's in Washington State, and TomTom's in Virginia, each dismissed without prejudice, ending both patent litigations. "Without prejudice" means that either could ramp it up and do this some more in the future, should circumstances arise that made it necessary. But in most cases, it means the litigation, or whatever, is over. Remember when SCO withdrew "without prejudice" its emergency motion to sell its assets, or Novell's assets, depending on your point of view? We never saw that again, did we, despite it being withdrawn "without prejudice".

Since the Microsoft-TomTom agreement supposedly promises Microsoft and TomTom won't sue the other for 5 years, I am guessing that this is protection just in case somebody ... anybody... should fail to stick to the agreement's terms. Not that *that* could ever happen with an agreement with Microsoft. No doubt you've followed the company's history, so you know their word is their bond. It's what they are famous for, business ethics. But you know how picky lawyers are. They like to plan for any contingency, however unlikely.

But in some distant alternate universe, where Microsoft might be kicking competitors to the curb by hook or by crook, were Microsoft to sue TomTom despite promising not to, TomTom could pull out its complaint. Similarly, if TomTom failed to do what it has promised, presumably Microsoft might be interested in trying to rip TomTom's face off in resumed litigation. So to speak. Not that this one worked out very well for Microsoft, as I see it, but since Microsoft is apparently unable to change any spots, I assume they'd try to butt their head through the same brick wall again.

Categories: LAMP News

02 April 2009 - Apache Mailet Base 1.0 Released

Apache - Thu, 04/02/2009 - 9:01am
The Apache James Team is pleased to announce that the Apache Mailet Base 1.0 release is now available.

Apache James Mailets Base collects a number of utilites and lightweight frameworks useful when working with the Apache Mailet API (a framework assisting the rapid development of email processing functionality http://james.apache.org/mailet/api). Mailets base is used as the basis for the email processing functions shipped with the Apache James server (an advanced mail server) but is not dependent on that server.

Version 1.0 is the first independent release of these mature components last shipped with Apache James 2.3.

----

For more information see

http://james.apache.org/mailet/base/release-notes.html

http://james.apache.org/mailet/base/

[ Category : Apache James ]

Categories: LAMP News

TomTom Settlement Aftermath: Get the FAT Out - Updated

Groklaw - Wed, 04/01/2009 - 1:03pm
The Linux Foundation's Jim Zemlin got the same message from the TomTom story that I did: just get rid of Microsoft's FAT LFN filesystem: The technology at the heart of this settlement is the FAT [LFN] filesystem. As acknowledged by Microsoft in the press release, this file system is easily replaced with multiple technology alternatives. The Linux Foundation is here to assist interested parties in the technical coordination of removing the FAT filesystem from products that make use of it today. OK. Sounds like a plan. There clearly is no "new" Microsoft, and they have evidenced now a lack of interest in any real interoperability with FOSS. Bruce Perens offers a list of applications to watch out for: All of that talk about interoperability with Linux coming from them? It was just talk, because they've shown that anyone who tries to interoperate with Microsoft technology even as simple as the FAT filesystem will eventially be sued, or pushed into licensing, for their efforts. The way they act, the Microsoft-internal definition of "interoperability" must be "making the whole world owe us."

And so, you should be wary of FAT, Office Open XML, .NET (including Mono), Silverlight, and of Microsoft's participation in standards committees that don't have a clear royalty-free committment, or, as is the case for Office Open XML, when the royalty-free committment is less than complete. These technologies leave the door open for submarine patents to sink your business. Ah, yes. Mono. Once again. And OOXML. Might governmental agencies wish to particularly take note of OOXML in light of the TomTom settlement? I would think so. And .NET and Silverlight. Perhaps you can think of others.

Categories: LAMP News

31 March 2009 - Apache CouchDB 0.9 released

Apache - Tue, 03/31/2009 - 7:22am
Apache CouchDB 0.9.0 has been released and is available for download:

http://couchdb.apache.org/downloads.html

This is the first release after graduating from the ASF Incubator.

Apache CouchDB is a distributed, fault-tolerant and schema-free
document-oriented database accessible via a RESTful HTTP/JSON API. Among other
features, it provides robust, incremental replication with bi-directional
conflict detection and resolution, and is queryable and indexable using a
table-oriented view engine with JavaScript acting as the default view definition
language.

CouchDB is written in Erlang, but can be easily accessed from any environment
that provides means to make HTTP requests. There are a multitude of third-party
client libraries that make this even easier for a variety of programming
languages and environments.

Version 0.9.0
-------------

* Modular configuration.
* Performance enhancements for document and view access.
* More resilient replication process.
* Replication streams binary attachments.
* Administrator role and basic authentication.
* Document validation functions in design documents.
* Show and list functions for rendering documents and views as developer
controlled content-types.
* External process server module.
* Attachment uploading from Futon.
* Etags for views, lists, shows, document and attachment requests.
* Miscellaneous improvements to build, system integration, and portability.

This release contains backwards incompatible changes, please see:

http://wiki.apache.org/couchdb/BreakingChanges

Apache CouchDB is alpha software and still under heavy development. Please be
aware that important areas such as the public API or internal database format
may see backwards incompatible changes between versions.

[ Category : Apache CouchDB ]

Categories: LAMP News

SCO Bankruptcy Hearing: SCO's Exclusivity Period is Over - Updated

Groklaw - Mon, 03/30/2009 - 4:26pm
I can't believe there's yet more major news, all in one day. But there is, from the bankruptcy front. SCO's period of exclusivity is over, as you can see from the minutes of today's hearing [PDF]. Look at number 1 on the list under the heading "Proceedings" and you will see the word: "DENIED". This was regarding the SCO motion [PDF] to extend the period of exclusivity, its 4th, the motion that Al Petrofsky objected to pro se, as you can see on the Notice of matters on the agenda for today.

So now IBM and Novell and the US Trustee's office and any creditors -- they can one and all come up with plans, not just SCO, and may the best one win, so to speak.

Categories: LAMP News

TomTom - "Settled, But Not Over Yet" says SFLC - Update

Groklaw - Mon, 03/30/2009 - 3:22pm
Software Freedom Law Center has put out the following statement, which is harmonious with everything else I've been able to glean: Settled, But Not Over Yet

Today's settlement between Microsoft and TomTom ends one phase of the community's response to Microsoft patent aggression, and begins another. On the basis of the information we have, we have no reason to believe that TomTom's settlement agreement with Microsoft violates the license on the kernel, Linux, or any other free software used in its products. The settlement neither implies that Microsoft patents are valid nor that TomTom's products were or are infringing. There's more. Red Hat's legal eagles have put out a statement too, the meat of which is this: "Red Hat was not a party to this case. Even so, without a judicial decision, the settlement does not demonstrate that the claims of Microsoft were valid."

Categories: LAMP News

TomTom and Microsoft Settle "in a way that ensures TomTom’s full compliance with its obligations under the GPLv2"

Groklaw - Mon, 03/30/2009 - 10:06am
TomTom and Microsoft have settled the patent litigation. Actually, both of them. Here's TechFlash's coverage. According to the Microsoft press release, TomTom will remove functionality regarding the FAT patents within two years, which is no big deal, frankly, and in the meantime, they are covered "in a manner that is fully compliant with TomTom's obligations under the General Public License Version 2 (GPLv2)": Peter Spours, Director of IP Strategy and Transactions at TomTom N.V., stated: "This agreement puts an end to the litigation between our two companies. It is drafted in a way that ensures TomTom's full compliance with its obligations under the GPLv2, and thus reaffirms our commitment to the open source community." However, Microsoft calls it a patent agreement. Of course, Red Hat showed a way that it can be done, but is that what has happened here? I don't know yet, but I'll let you know if and when I know more details. If so, it's a major step in retreat for Microsoft's bully campaign or, alternatively, it's a major step forward in Microsoft's more mature handling of GPL issues.

I think it can't be like the Red Hat deal, though, because TomTom is removing the Linux functionality. That leaves not paying a royalty. But the news is that they are paying. Wait. One other possibility, a Novell-like deal? Indeed Ina Fried on CNET gives a hint that is something similar: As part of the deal, as TomTom will pay Microsoft for patent protection related to mapping patents and file-management patents that Microsoft claimed were infringed by TomTom's use of the Linux kernel....

In the case of the three file management patents, Microsoft is providing an agreement not to sue customers for their use of TomTom's products. As long as TomTom stays under GPLv2, this might squeak by. But it's hardly ideal. I'd have preferred that TomTom not settle so that the FAT patents could get tested in court, but it's not my dime.

Categories: LAMP News

The SCO v. Novell Summary Judgment Motions: Chart

Groklaw - Mon, 03/30/2009 - 8:51am
Erwan has put together for us a chart of all the motions in SCO v. Novell that were decided prior to trial in the August 10, 2007 Order and the final two motions decided after trial in the July 16, 2008 Order. Since SCO is appealing that order, based in part on the idea that some motions should not have been decided on summary judgment and needed to go to trial before a jury, it seems a good time to organize them all, so you can follow the arguments in the appeal, particularly if you are thinking of attending oral argument. Novell will file its response shortly, and oral argument will be on May 6, 2009 at 9:00 a.m. in Courtroom I, Byron White U.S. Courthouse, Denver, CO.

If you are thinking of attending, and you can, here's the scoop: cell phones that take pictures will be confiscated at the entrance. Laptops are allowed. Observers may attend any hearing of interest without prior registration. Map. As with all judicial centers under Colorado law and federal law, the Byron White US Courthouse is a federal government building which means no permitted concealed weapons, photo ID is required for entrance, and you may be subject to electronic search at the entrances. The court recommends that you call the day before or check the website for the "Argument Calendar" and that you are at the door, ready to go in at least 15 minutes before the session you are interested in is scheduled to start.

Categories: LAMP News

The Vanishing YouTube Videos and a Look Behind the Scenes

Groklaw - Sun, 03/29/2009 - 8:43pm
It's Sunday, so let's not think about SCO.

Would you like to take a leisurely day trip with me, instead, so I can show you what's been happening in the Google/YouTube-Viacom litigation? There's been a hearing on a motion to compel discovery with some humorous elements to share with you, among other tidbits, that will show you a really effective lawyer at work educating the judge, who admits she's not a techie, on what might work well technically in resolving issues.

The big picture is that Google/YouTube has told the court that it would like to do discovery to prove one of its main points in the litigation, that Viacom is in a better position to police its own copyrighted materials, rather than trying to shift that burden on to YouTube, a mere service provider. [ Update: Here's a very thorough explanation in ABA Journal of the issues in this litigation.]

In support of its discovery motion, YouTube points out that sometimes copyright holders like Viacom and its partners selectively enforce copyright infringement, uploading their own copyrighted materials to YouTube for marketing purposes while at the same time they, or their agents, are sending YouTube cease and desist orders. YouTube would like to do discovery to show that sometimes Viacom knows that its content is on YouTube but, for promotional purposes, and does not ask to remove it, and that since Viacom acquiesces sometimes to its content appearing on YouTube and sometimes it doesn't, it makes it impossible for a service provider like YouTube to tell by simply looking whether any particular video clip is or isn't allowed to be there. The copyright holder is uniquely in a position to know what is and isn't allowed, because only it knows both what it owns and what others can and can't do with it.

Categories: LAMP News

28 March 2009 - Apache Tomcat JK 1.2.28 Web Server Connector released

Apache - Sat, 03/28/2009 - 8:58am
The Apache Tomcat team is pleased to announce the immediate availability of version 1.2.28 of the Apache Tomcat Connectors.

It contains connectors, which allow a web server such as the Apache HTTP Server, Microsoft IIS and Sun Web Server to act as a front end to the Tomcat web application server.

This version contains mainly some bug fixes and small improvements.

See http://tomcat.apache.org/connectors-doc/news/20090301.html#22%20March%20-%20JK-1.2.28%20released

for an overview and

http://tomcat.apache.org/connectors-doc/miscellaneous/changelog.html

for a complete list of changes.

Source distribtions can be downloaded from an Apache Software Foundation mirror at:

http://tomcat.apache.org/download-connectors.cgi

Binary distributions for a number of different operating systems and web servers can be downloaded from an Apache Software Foundation mirror at:

http://tomcat.apache.org/download-connectors.cgi

Documentation for using Apache Tomcat Connectors can be found at:

http://tomcat.apache.org/connectors-doc/

Thank you,

-- The Apache Tomcat Team

[ Category : Apache Tomcat ]

Categories: LAMP News

SCO Objects to $50,586.14 of Novell's Bill of Costs - Updated

Groklaw - Fri, 03/27/2009 - 8:55pm
There are some filings in the SCO v. Novell litigation. SCO is objecting to some of Novell's Bill of Costs. If you recall, Novell filed their Bill of Costs back on December 10, 2008, after final judgment was entered in the SCO v Novell litigation. SCO then moved the Court to stay taxation of costs, a motion Kimball recently denied. In that Order, Kimball gave SCO ten days to file this objection, and here we are. And in the second filing, the court tried to mail something to Jonathan Lee Riches, but the post office evidently couldn't find him. In prison. "Mail returned as undeliverable... unable to forward." Uh oh.

: D

SCO's argument is based on characterizing certain items as not covered by the statute, 28 U.S.C. § 1920, saying some of the costs are unnecessary, being for Novell's convenience and comfort only.

Like transcripts. They are covered by the statute, but Novell listed $7,592.11 for costs for renting deposition rooms. "These costs are not taxable under the statute," SCO asserts.

SCO would like Novell to be put through the very educational experience of being sued for absolutely no wrongdoing whatsoever, according to what the court decided, and then having to pay the expenses for defending itself.

Categories: LAMP News

Craig Newmark Interview: A Brief History of Craigslist

Perl.com - Fri, 03/27/2009 - 9:51am
A brief conversation with Craig Newmark from this year's Personal Democracy Forum 2008. In this interview Craig talks about the founding of Craiglist, how he came to found one of the most popular sites on the web. Craig also discusses his work with the Obama team and some of the important customer service issues facing Craigslist.
Categories: LAMP News

27 March 2009 - Apache ZooKeeper 3.1.1 released

Apache - Fri, 03/27/2009 - 8:47am
The Apache ZooKeeper team is proud to announce Apache ZooKeeper version 3.1.1.

ZooKeeper is a high-performance coordination service for distributed applications. It exposes common services - such as naming, configuration management, synchronization, and group services - in a simple interface so you don't have to write them from scratch. You can use it off-the-shelf to implement consensus, group management, leader election,
and presence protocols. And you can build on it for your own, specific needs.

If you are upgrading from version 2.2.1 on SourceForge be sure to review the 3.0.1 release notes for migration instructions.

For ZooKeeper release details and downloads, visit: http://hadoop.apache.org/zookeeper/releases.html

ZooKeeper 3.1.1 Release Notes are at: http://hadoop.apache.org/zookeeper/docs/r3.1.1/releasenotes.html

Regards,

The Apache ZooKeeper Team

[ Category : Apache Hadoop ]

Categories: LAMP News

Monday's Hearing on SCO's Latest Reorg Plan Morphs Into a Mere Status Conference

Groklaw - Fri, 03/27/2009 - 1:19am
This is just like the last time SCO filed a reorganization plan.

It's just been announced [PDF] that Monday's hearing, originally scheduled as a hearing on SCO's Amended Joint Plan of Reorganization [PDF] and the related Disclosure Statement [PDF] and Motion for an Order [PDF] confirming a scheduling hearing, etc., will instead be just a status hearing.

What? Issues? With a SCO reorganization plan?

You can get a hint of the depth of them by reading Exhibit A [PDF] attached to the latest Berger Singerman bill, showing the breakdown of time spent on them, to the tune of approximately $13,000. Look at the subhead beginning on page 14, "Plan and Disclosure Statement," and you'll see a long list of activity at Berger Singerman, with meetings and phones calls and conferences and emails and strategy sessions. How to respond to IBM's and Novell's various objections? You'll see that Joseph McMahon of the US Trustee's office appears in the list also, so there have evidently been discussions going on, but if they'd figured out solutions to all the issues, they wouldn't need a status conference. No doubt this reflects the seriousness of the objections raised.

Categories: LAMP News

Google Summer of Code 2009

Php.net - Fri, 03/27/2009 - 12:00am
Once again we are happy to announce our involvement with the Google Summer of Code project. Be sure to check our program at this years GSoC. We invite everyone to look at the list of ideas for this years GSoC, and get involved. Students are welcome to propose their own ideas, and we will consider all applications that are received before the April 3rd deadline. So, thanks to everyone involved and we look forward to seeing many students join us on this great adventure!
Categories: LAMP News

SCO's 10Q - Woe is SCO

Groklaw - Thu, 03/26/2009 - 2:16pm
SCO's 10Q for the quarterly period ending January 31, 2009 is now available, and it paints a glum picture indeed:  The Company incurred a net loss of $459,000 for the three months ended January 31, 2009, and during that same period generated cash of $337,000 from its operating activities. As of January 31, 2009, the Company had a total of $1,836,000 in cash and $3,766,000 in restricted cash, of which $1,500,000 is designated to pay for experts, consultants and other expenses in connection with the litigation between the Company and IBM, Novell and Red Hat (the "SCO Litigation"), $2,266,000 is payable to Novell for the post bankruptcy petition retained binary royalty stream. They seem to be losing their customers: Revenue from the UNIX business decreased by $1,775,000, or 36%, for the three months ended January 31, 2009 compared to the three months ended January 31, 2008....Our sales of UNIX products and services are primarily to existing customers. So... they are selling mostly to prior customers, who are leaving them at a noticeable clip. Um. This is the wonderful asset that SCO hopes to base its bankruptcy reorganization play on? I'm sure their money is safe, though. Wait:The Company has $250,000 of cash that is federally insured. All remaining amounts of cash as well as restricted cash exceed federally insured limits. Huh? How about more than one bank? Or a fund that is in TARP and can ensure it all? I mean, restricted cash owed just to Novell is $2,266,000, and it's not insured? That's not all they owe, either. Whazzup widdat?
Categories: LAMP News
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