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TikTok's PC streaming app accused of violating an open source license
OBS has accused TikTok of violating an open source license with its livestreaming software.
Tesla releases source code for some of its in-car tech
Tesla doesn't have many fans in the open source crowd. It based its car platforms on open platforms like Linux and BusyBox, but it has gone years without sharing the source code their license (the GPL) requires. The company is finally setting things right, though -- more or less, that is. It has posted the source code for both the material that builds the Autopilot system image as well as the kernels for the Autopilot boards and the NVIDIA Tegra-based infotainment system used in the Model S and Model X. While they don't represent the absolute latest code, Tesla is promising to keep pace with newer releases.
Kubuntu 12.10 gains Blue Systems as sponsor, Canonical waves farewell
Everyone loves a happy ending, and it's with this in mind that we share the latest round of good news from the Kubuntu team. Starting with version 12.10, the popular KDE variant of Ubuntu will have sponsorship from Blue Systems. Previously, Canonical announced its intention to drop its sponsorship of Kubuntu after the 12.04 LTS, Precise Pangolin release, but later revealed a willingness to let the Kubuntu team seek other sponsors. Fortunately, it's found a good one. Blue Systems has a solid track record in the KDE community and similarly sponsors distributions such as Netrunner and the KDE variant of Linux Mint. Likewise, it's encouraged Kubuntu developers to stay close to their roots and follow the same successful formula as before. The future looks bright for Kubuntu, and it's full of Plasma.
Judge tells Oracle to rethink $2.6 billion claim against Google
The war between Google and Oracle is far from over, but the big G keeps racking up tiny victories in what are admittedly modest battles. Now the Redwood Shores-based company has been told to go back to the drawing board with its damages report. Originally Oracle sought $2.6 billion, but its theories were largely dismissed and Judge William Alsup suggested an alternative starting point of roughly $100 million. The company still has an opportunity to present a new report, one that will likely seek much more than the proposed $100 million, but things are looking increasingly tough for the claimant. It wasn't all good news for Goog, though. While the judge told Oracle to narrow its focus from Android as a whole to just specific infringing features, he did agree that related advertising revenue should be included in the theoretical royalty base. He also offered harsh criticism for what he viewed as its "brazen" disregard for intellectual property rights. The trial is still scheduled for October, so we should have a better idea of how this whole thing will play out by Halloween.
Android source code, Java, and copyright infringement: what's going on?
So it's been a fun day of armchair code forensics and legal analysis on the web after Florian Mueller published a piece this morning alleging Google directly copied somewhere between 37 and 44 Java source files in Android. That's of course a major accusation, seeing as Oracle is currently suing Google for patent and copyright infringement related to Java, and it prompted some extremely harsh technical rebuttals, like this one from ZDNet and this one from Ars Technica. The objections in short: the files in question are test files, aren't important, probably don't ship with Android, and everyone is making a hullabaloo over nothing. We'll just say this straight out: from a technical perspective, these objections are completely valid. The files in question do appear to be test files, some of them were removed, and there's simply no way of knowing if any of them ended up in a shipping Android handset. But -- and this is a big but -- that's just the technical story. From a legal perspective, it seems very likely that these files create increased copyright liability for Google, because the state of our current copyright law doesn't make exceptions for how source code trees work, or whether or not a script pasted in a different license, or whether these files made it into handsets. The single most relevant legal question is whether or not copying and distributing these files was authorized by Oracle, and the answer clearly appears to be "nope" -- even if Oracle licensed the code under the GPL. Why? Because somewhere along the line, Google took Oracle's code, replaced the GPL language with the incompatible Apache Open Source License, and distributed the code under that license publicly. That's all it takes -- if Google violated the GPL by changing the license, it also infringed Oracle's underlying copyright. It doesn't matter if a Google employee, a script, a robot, or Eric Schmidt's cat made the change -- once you've created or distributed an unauthorized copy, you're liable for infringement.* Why does this matter? Because we're hearing that Oracle is dead-set on winning this case and eventually extracting a per-handset royalty on every Android handset shipped. In that context, "those files aren't important!" isn't a winning or persuasive argument -- and the more these little infringements add up, the worse things look for Google. Whether or not these files are a "smoking gun" isn't the issue -- it's whether Android infringes Oracle's patents and copyrights, since the consequences either way will be monumental and far-reaching. Ultimately, though, the only person who can resolve all of this for certain is a judge -- and it's going to take a lot more time and research to get there. -- *They're not directly comparable, but think about the Psystar case for a second. Even though Psystar desperately wanted to argue that Apple's OS X license agreement was invalid, the judge never got there -- he simply ruled Psystar wasn't authorized to copy and distribute OS X, and swung the hammer. It really is that simple sometimes.
The GPL, the App Store, and you
My colleague Chris wrote a post about the popular video playback client VLC being pulled from the App Store following objections from a developer who worked on the project that it was in breach of the GNU Public License. [The app has now been released on Cydia for jailbroken devices.] This unpopular move had provoked strong reactions throughout the Mac blogging world, and Chris made a strong case for the prosecution in his post. However, every story always has two sides (and somewhere between them lies the truth). I'm here today to present the case for the defense: why Rémi Denis-Courmont was absolutely in the right to do what he did. However, to do so, I'm going to have to lay out some open source history to give structure to my arguments. Please follow me on.
Apple pulls VLC from the iTunes store
Looks like VLC's role as champion of open-source legal rights is no more -- rather than lawyer up, Apple's taken the easy way out, and simply removed the VLC media player from the App Store. Rémi Denis-Courmont -- the VideoLAN developer who originally sued to have it removed -- reports that an Apple attorney informed him that the company had complied with his takedown request, and pulled the app accordingly, which likely puts the kibosh on other potential VLC ports as well. If you think about it, the open-source community may have just planted the first brick in a walled garden of its own.
VLC for iPhone and iPad may disappear thanks to GPL complaints -- go get it now
There's always been tension between Apple's tight control of the iOS App Store and the DRM-free license requirements of the GPL, and it seems like things are coming to a head over VLC, the open-source video player. As you'll recall, VLC was just released for the iPad and iPhone in the past few months, but the port was done by a company called Applidium -- not VLC developer VideoLAN, which holds the copyright and licenses the code under the GPL. VideoLAN now says that since VLC for iOS includes Apple's FairPlay DRM, it's in violation of the GPL and must be pulled -- and that "concerned users are advised to look for applications on more open mobile platforms for the time being." That's certainly fair enough, although we do find it a bit sensationalist that the takedown notice was sent to Apple and not Applidium, since it's technically Applidium that violated the GPL. Then again, the statement was written by VideoLAN developer Rémi Deni-Courmont, who is also senior MeeGo software engineer, so we can see why he'd be interested in promoting a "more open" project. Whatever the case, it doesn't seem like VLC for iOS is long for this world -- you'd best go grab it as quickly as possible. Like, now. Update: It seems like there's significant dissension in the VideoLAN ranks, as the project's official Twitter page now says there are no problems and is linking to another forum post with some armchair legal analysis of Apple's App Store Terms and Conditions. That sounds like we're in for months of arguing, since huge GPL projects like VLC have layers upon layers of nested copyrights, and no one person can really pursue action without the consent of everyone else, but we'll keep an eye on things. In the meantime, we'd suggest VideoLAN find a lawyer or two to give them a definitive answer on the GPL / App Store question -- it'll save everyone a lot of time and frustration.
Grab your iOS version of VLC now... it may be gone soon
Based on the latest comments from VLC media player lead developer Rémi Denis-Courmont, it seems likely that the iOS version of the app probably won't be available much longer. Denis-Courmont claims that Apple is violating the GNU public license (GPL) under which VLC is released by applying DRM to it. While VLC is available free of charge for the iPhone, iPod touch, and iPad on the App Store, it's not possible to copy it from one device to another. Every copy of an iOS app is tied to a specific user account when it is downloaded, regardless of whether you pay for it or not. The GPL requires that any software using that license and any derivative works be able to be freely copied and distributed. Apparently the developers that created the iOS version of VLC made a mistake in submitting the app, because the GPL is incompatible with Apple's App Store rules. Earlier this year, an iOS version of the game GNU Go was removed from the store because of the GPL incompatibility. It's a shame that VLC will be going away, because it is one of the best media players available on the App Store, with support for virtually every conceivable audio and video codec. On the bright side, the end of VLC for iOS may be good news for those waiting for an Android version as resources are redirected. [via iLounge]
Google responds to Oracle's Android patent lawsuit, we break it down
It's been just over a month and a half since Oracle first sued Google for infringing various Java-related patents in Android, and the big G's just filed its official response to the lawsuit after calling it "baseless." For the most part, it's a pretty standard answer to a patent complaint: Google says Android doesn't infringe any of Oracle's patents, and even if it does, those patents are invalid and / or unenforceable for a variety of reasons anyway, so, you know, shove it. That's basically all Google -- or any patent defendant -- needs to say in the answer, and if that was it, we'd just note it and move on with our lives. But we were struck by the factual background section, which reads to us like Google's geared up for war: it basically accuses Sun and Oracle of not playing fair when it comes to Java's open-source license situation and directly implies that parts of Android are based on code that might require a patent license. It's a little wonky, but let's break it down:
Mozilla bundles WebM support into nightly Firefox builds
Google's new web video standard seems to be gathering a bit of momentum, as today Firefox is following in the ultrafast steps of Chrome by offering built-in support for WebM video. Bugs are still being worked out, but the fundamentals are there, and we'll hopefully see all kinks ironed out in time for the release of Firefox 4 Beta, which is expected to land later this month. This is now the third big browser to announce compatibility, with Microsoft already promising it for IE 9, provided users download the necessary VP8 codec first. The HTML5-obsessed Apple hasn't yet decided which way it's going with the standard while Opera is presumably busy figuring out how to parody the whole thing in video form.
Fahy vs Linden Lab: No case to answer?
Last week, on Thursday 8 April, Corey Fahy in Philadelphia filed a lawsuit against Linden Lab and more than 25 others, in the Pennsylvania East District Court (case number 2:2010cv01561, assigned to judge Joel Harvey Slomsky). Fahy alleges that an algorithm in one of his Second Life products has been subjected to copyright infringement, accompanied by the usual requests for damages, statutory damages, ten times damages, attorney's fees and all that. Where do we even begin? We'll spare you most of the cruft and go straight to the heart of the problems that we can see with this particular lawsuit.
Second Life third-party viewer policies get an update but still fail to do the job
Last week, the promised update of Linden Lab's Third-Party Viewer (TPV) policies crept out onto the Second Life Web-site with little fanfare. After the fuss caused by the tangle of legal incompatibilities, muddled terminology and ambiguous phrasing in the first version, the Lab said it would go back and address the problems, and get the policy document fixed. So, you'd think they'd have gotten it right this time around, right? We certainly did. We were wrong.
Second Life third-party viewer policies not well received
The hallmark of a good license is that it is clear, easy to understand and unambiguous. The gold-standard for a good contract is that it is all of the above and provides all parties with equal amounts of protection. There are bonus points for not conflicting with rights guaranteed by law, or with other prerequisite licenses or agreements. Linden Lab's Third Party Viewer (TPV) policies, as published on Tuesday, regrettably reflect none of these ideals. We'd go so far as to say that it's the worst day's work that we've seen come out of the Lab to-date. So much so that almost immediately after publishing them the Lab has sent them back to legal for both clarification and rewriting.
HTC pulls wraps off Droid Eris' kernel source
They knew this day was coming, but still, we can't help but feel like there must be some higher-ups at Verizon that are squirming today at the knowledge that the innermost workings of one of their highest-profile smartphones -- the Droid Eris -- are now available to anyone willing to invest the couple minutes that the package takes to download. This should give hackers some more elbow room to cook custom ROMs for Verizon's remix of the Hero -- and if they can beat an official Android 2.1 release for the phone by even a single day, that sounds like a win in our book.
Swarm robot project sounds ominous, uses open source
Why would you want to build a 100-strong swarm of mini robots? Well, aside from having them as your minions, you might be able to learn about "artificial self-organization," and "control in large robotic groups," which should come in useful during the inevitable robot insurrection. The swarm robot project, undertaken by the Universities of Stuttgart and Karlsruhe in Germany, aims to produce mini drones that can communicate with one another to avoid collisions, while keeping to a volume of less than three centimeters cubed. Built using open source software and hardware (full list of components is available under the GPL), the latest prototype, titled Jasmine III, achieves those goals while also being able to run "perpetually" thanks to a wireless charging platform. You can see it in close-up after the break, or hit the read link for all the geeky details.
Amazon puts code where its mouth is: releases Kindle source to the world
Well, here's a nice start to what Jeff Bezos was saying about giving the Kindle reader team some competition: Amazon just released source code for all its Kindle devices. It's fairly basic Linux underneath (kernel 2.6.22 on the latest 2.1 software), but obviously includes E Ink drivers and other relevant hardware support. What's unclear without compiling one of these and booting it up (to our untrained eyes, anyway) is whether Amazon stripped out its various DRM and licensed codec support -- MP3 and Audible seem very likely candidates for explosion, even if turns out Amazon did leave in its own Kindle Book DRM. We're also lacking an actual specific license for the code, though the folder we unpacked the OS to is called "gplrelease," so hopefully we're looking at the GNU General Public License -- which would mean manufacturers can take and repurpose this code to build their own Kindle clone / destroyer / gentle homage.
Imprudence 1.1.0 for Second Life
The Imprudence project has reached the end of the second release cycle for their Second Life viewer. Imprudence is now in official release. Imprudence is one of our favorite Second Life viewers. Context (pie) menus have been reorganized again, there's improved support for sound and streaming media through gstreamer, some backported fixes from the official 1.22 viewer, and confirmation popups have been added for a number of operations. There's also a Mac version, which last year's 1.0 release lacked due to hardware and development constraints (though only for Intel-based Macs, unless there's significant demand for a universal binary.
Carmack releases open source Wolfenstein for iPhone
The following post was assembled using two documents (Carmack_iPhone_development.doc and readme_iWolf.txt) written by John Carmack and included in Wolf3D iPhone v1.0 Source. The documents are posted in their exhaustive entirety after the break.Dear Diary,I love my iPhone. Unfortunately, things have conspired against us being out early on the platform. I had a plan for an aggressive, iPhone specific project that we actually started putting some internal resources on, but the programmer tasked with it didn't work out and was let go. In an odd coincidence, an outside development team came to us with a proposal, and we decided to have them work on the iPhone project. We should be announcing this project soon, and it is cool.After a little looking around, I found Wolf3D Redux at http://wolf3dredux.sourceforge.net/. The game was still fun to play after all these years, and I began to think that it might be worthwhile to actually make a product out of Wolfenstein on the iPhone. The simple episodic nature of the game would make it easy to split up into a $0.99 version with just the first episode. I was getting a little ahead of myself without a fun-to-play demonstration of feasibility on the iPhone, but the idea of moving the entire line of classic Id titles over -- Wolf, Doom, Quake, Quake 2, and Quake Arena, was starting to sound like a real good idea.
Linden Lab's collective copyright conundrum
Over the last few months, there's been an increasing amount of talk about the modified Second Life viewer being used with Open Life Grid (a third-party virtual environment based on reverse-engineered and open-source systems and protocols). Most of the talk centers around copyright infringement -- or license violations, if you prefer. It's claimed that the operators of Open Life Grid are failing to comply with the source-code licenses (the GPL with FLOSS exceptions) under which the Second Life source code has been made available. Now, while the issue has been reported to Linden Lab's license-infringement hotline, the issue is actually a bit trickier for the Lab than it would first appear. You see, the viewer code contains contributions from a number of third-party contributors, each of which retains their copyright, intellectual property and rights to their contributions under the terms of the contribution agreement. All of whom have the right to commence their own actions.
