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Submission Summary: 0 pending, 11 declined, 5 accepted (16 total, 31.25% accepted)

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Patents

Submission + - Desire2Learn wins patent fight with Blackboard (patentlyo.com)

Lorien_the_first_one writes: "PatentlyO reports that the United States Court of Appeals for the Federal Circuit (aka "the patent court"), has ruled against Blackboard due to for 38 claims in their patents. In the appeals ruling, the court found all claims in the patents to be invalid based upon indefinite claim construction.

This particular case seems to turn on the point made by the court that "It is well settled that 'if one employs means-plus-function language in a claim, one must set forth in the specification an adequate disclosure showing what is meant by that language.'" Looks like claim construction is going to have to be a lot more specific in order to prevail.

Some may recall that Blackboard won at trial against Desire2Learn, and that the USPTO ruled later that 44 claims in Blackboard patents were invalid. Seems like the tide is staring to turn on software patents."

Security

Submission + - Exploit for Linux Kernel 2.6.30+ Published (theregister.co.uk)

Lorien_the_first_one writes: "The Register reports that "A recently published attack exploiting newer versions of the Linux kernel is getting plenty of notice because it works even when security enhancements are running and the bug is virtually impossible to detect in source code reviews."

The article points out that several areas of the kernel, in particular, the function "setuid", are involved in this new exploit. "The exploit code was released Friday by Brad Spengler of grsecurity, a developer of applications that enhance the security of the open-source OS. While it targets Linux versions that have yet to be adopted by most vendors, the bug has captured the attention of security researchers, who say it exposes overlooked weaknesses."

What I find interesting about the article is that although it focuses on newer versions of the kernel, near the end of the article, they offer the following food for thought: "Setuid is well-known as a chronic security hole," Rob Graham, CEO of Errata Security wrote in an email. "Torvalds is right, it's not a kernel issue, but it is a design 'flaw' that is inherited from Unix. There is no easy solution to the problem, though, so it's going to be with us for many years to come."

A chronic security hole? In Linux?"

Patents

Submission + - Yet Another Linux Patent Agreement with MS (zdnet.com)

Lorien_the_first_one writes: "ZDNet reports that yet another company has signed a patent protection deal with Microsoft. According to the article by Mary Jo Foley, "On July 15, Microsoft signed a patent-coverage deal with Melco Holdings, the Japanese-based parent company of Buffalo Inc. and Buffalo Group. Buffalo makes network-attached storage (NAS) and routers, including the LinkStation and AirStation products." Many who witnessed and still remember the Microsoft-Novell agreement were critical of the decision."
Operating Systems

Submission + - Google Announces ChromeOS

Lorien_the_first_one writes: Looks like Google has announced their own operating system, ChromeOS. Larry Dignan offers coverage at ZDNet for your perusal: "Google is planning to launch lightweight operating system dubbed the Chrome OS that'll target netbooks and Web apps. With the move--clearly targeted at Microsoft--Google's software stack has come into sharp focus in just the last 24 hours. It should be noted, however, that Google's stack is still being formed."

Larry offers some very interesting analysis of the implications as well as a forecast for the market and the impact ChromeOS could have on other players in the operating system market.
Patents

Submission + - A Patent Thicket for Hybrid Cars - From Toyota 1

Lorien_the_first_one writes: Toyota is hoping to benefit from new Obama Administration regulations for automobiles here in the US. According to the Wall Street Journal, "Since it started developing the gas-electric Prius more than a decade ago, Toyota has kept its attorneys just as busy as its engineers, meticulously filing for patents on more than 2,000 systems and components for its best-selling hybrid. Its third-generation Prius, which hit showrooms in May, accounts for about half of those patents alone.

"Toyota's goal: to make it difficult for other auto makers to develop their own hybrids without seeking licensing from Toyota, as Ford Motor Co. already did to make its Escape hybrid and Nissan Motor Co. has for its Altima hybrid.
Software

Submission + - Free Linux Software closes Brazil's Digital Divide (huffingtonpost.com)

Lorien_the_first_one writes: The Huffington Post's has a very interesting story on the economic benefits of Linux in a down economy. Journalist Eric Ehrmann tells us that, "Fifty million Brazilian students will have Christmas in July when software Santa slips down the chimney to give them a free ticket on the information highway.

"With Microsoft software licenses costing up to 1000 percent more in Brazil than in the US, the ProInfo program launched by the government of president Luiz Inacio Lula da Silva reduces dependence on costly foreign software just as the sugar ethanol program for cars reduces dependence on expensive foreign oil. The program, administered through the national education secretariat. provides free operating systems, backbone and educational content employing Linux, Debian and KD3 freeware."

Looks like Brazil didn't "get the facts", and a new generation of kids are being exposed to and growing up with Linux.

Software

Submission + - Canada rejects business method patents (michaelgeist.ca)

Lorien_the_first_one writes: "Canadian Patent Appeal Board Rules Against Business Method Patents

The Canadian Patent Appeal Board determined that "[Yet] the panel delivered very strong language rejecting the mere possibility of business method patents under Canadian law. The panel noted that 'since patenting business methods would involve a radical departure from the traditional patent regime, and since the patentability of such methods is a highly contentious matter, clear and unequivocal legislation is required for business methods to be patentable.'"

"In applying that analysis to the Amazon.com one-click patent, the panel concluded that 'concepts or rules for the more efficient conduct of online ordering, are methods of doing business. Even if these concepts or rules are novel, ingenious and useful, they are still unpatentable because they are business methods.'" Looks like the US courts could face some peer pressure. :)"

Communications

Submission + - Europe is testing 12.5 Gbs Wireless 1

Lorien_the_first_one writes: Science news reports that in Europe, a Breakthrough For Post-4G Communications has been announced. A public-private consortium known as IPHOBAC, has been developing new communications technology that is near commercialization now. From the article, "With much of the mobile world yet to migrate to 3G mobile communications, let alone 4G, European researchers are already working on a new technology able to deliver data wirelessly up to 12.5Gb/s.

"The technology — known as 'millimetre (mm)-wave' or microwave photonics — has commercial applications not just in telecommunications (access and in-house networks) but also in instrumentation, radar, security, radio astronomy and other fields."

That's great for Europe, but here in the US, I suspect that patent interests will try to stymie the adoption of such technology until they can get exclusive control of it here.
Patents

Submission + - Tivo wins appeal on patents for pause, ffwd, rwd (sfgate.com)

Lorien_the_first_one writes: "Well, here it is. After years of wrangling, Tivo has won it's day in court against EchoStar, now known as the Dish Network, "when the Supreme Court declined to take up Dish Network's appeal, forcing the satellite television company to pay $104 million in damages." According to the article, "TiVo originally won a patent infringement case in 2004 against Dish, which was then named EchoStar Communications. It charged that Dish illegally copied its technology, which allows people to pause, rewind and record live television on digital video recorders." Despite an injunction, Dish continued distribution of the set-top boxes in the belief that their software avoided infringing the patents owned by Tivo. Now the case goes back to the lower court for review to see if indeed they did avoid those patents. Say, isn't Tivo using Linux underneath? Doesn't that open them up to claims from people like the Free Software Foundation?"
Patents

Submission + - Monsanto uses food patents against farmers 4

Lorien_the_first_one writes: Vanity Fair describes how Monsanto goes after farmers for collecting their own seeds after a harvest. According to the article, "This radical departure from age-old practice has created turmoil in farm country. Some farmers don't fully understand that they aren't supposed to save Monsanto's seeds for next year's planting. Others do, but ignore the stipulation rather than throw away a perfectly usable product. Still others say that they don't use Monsanto's genetically modified seeds, but seeds have been blown into their fields by wind or deposited by birds."

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