Jacobsen v. Katzer is closed, after five years. Open Source won, and big. The details are fascinating. Let's start with the Open Source developer: Bob Jacobsen.
Read more »Bruce Perens: Inside Open Source's Historic Victory
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Judge Stewart Denies Novell Motion in Limine No. 7
Judge Stewart has denied Novell's Motion in Limine No. 7, saying that the motion is "essentially one for partial summary judgment and, as such, is untimely." He also says they can bring their issues up in jury instructions. That was SCO's argument, which has been adopted wholesale. But I think it's a bit of sleight of hand to say it's a matter for summary judgment.
Read more »Turning Patents Into "Invention Capital"
Nathan Myhrvold, chief of Intellectual Ventures, says patent holders are being treated unfairly.
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Inside Open Source's Historic Victory
Hall agreed to serve pro bono publico (at no charge, for the public benefit), and asked the court for a declaratory judgment that the patent was unenforceable. Katzer responded by bringing a SLAPP suit against Jacobsen. SLAPP is a law that was meant to defend little folks sued by big rich companies, but is increasingly used in just the other direction.
Read more »FOSS devs can collect damages from license violators
Robert Jacobson, the developer behind the open source Java Model Railroad Interface (JMRI) project, finally prevailed in a long-running open source software license enforcement lawsuit against Matthew Katzer, the owner of a company that sells commercial model train software.
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Microsoft-Amazon patent deal covers Kindle, Linux
Microsoft and Amazon.com have signed a wide-ranging patent cross-licensing agreement that provides each company with access to the other's patent portfolio. Specific terms of the agreement were not disclosed, but it was made clear that Amazon will be paying Microsoft an undisclosed amount of money as part of the arrangement.
Read more »SCO and Novell's Motions in Limine and Daubert Motions - A Chart
This should help us follow what is happening with the many motions in limine and motions for Daubert hearings in SCO v. Novell: a chart showing each motion, the memorandum in opposition, and the judge's order.
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Proposed Voir Dire Questions from Novell and SCO
The parties have filed their proposed voir dire questions, the
questions each party would like potential jurors to be asked when trying to find the jurors who will hear and decide SCO v. Novell. Here's a definition of voir dire, and here's a very good explanation from ABA of the voir dire process and why some feel voir dire is more important than the trial itself.
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Santa Cruz Listed Novell as Owning the Copyrights in 1999
Well, well. What have we here? I am looking at UnixWare 7.1.1, from 1999, methodically checking all the copyright files. And you know what I see over and over? This: (C) Copyright 1996-1998 The Santa Cruz Operation, Inc. All rights reserved.
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Kindle blessed by Microsoft over Linux-related patents
Amazon.com has signed a patent agreement with Microsoft over the use of Linux in its Kindle e-readers. In other open source legal news, the Jacobsen v. Katzer model railroad software case was settled, providing precedent for open source developers to seek monetary damages for copyright infringement, says BetaNews.
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Video: ACTA Lies and Secrecy Exposed in the EU
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Open Source's Big Model Train Win - Interesting, but...
It's a big win for open source -- or is it? I'm talking about the Jacobsen v. Katzer dispute about open source code violation.
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Novell Moves Another Piece Forward: Files Request for Judicial Notice
Novell moves another piece forward in this intricate chess game of preparation for the upcoming trial in SCO v. Novell, filing a Request for Judicial Notice of Prior Factual Findings...
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Report from the Final PreTrial Hearing: SCO v. Novell
I have Chris Brown's initial report from the SCO v. Novell final pretrial hearing today, and he'll send more details later. There are lots of interesting tidbits already.
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Free Software Must Not Fight Fire With Fire
Further to the Linux Foundation's implicit acceptance of software patents, we present another new dilemma (OpenGov/OSFA)
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