In each Supreme Court brief that SFLC has filed over the years we have included a little note on the first page declaring that the brief was made using only free software. This point was particularly important in our most recent brief, for a case named Alice Corporation v. CLS Bank, which was argued in front of the court last week. Our use of free software was particularly important this time because we argue in our brief that free software has been responsible for the major software innovations of the modern era. In partial support of that claim I want to show you our document creation process and tell you about the free software we use to take text from an email and turn it into a camera-ready Supreme Court brief, then a website, then an eBook.
Twin Peaks Software, Inc., which makes proprietary data replication and cloud storage software, sued Red Hat and its subsidiary Gluster for patent infringement back in February. Last week, Red Hat filed a counterclaim in that litigation, alleging copyright infringement by Twin Peaks in misappropriating GPL'd software. Today SFLC begins an investigation of Twin Peaks' products, to ascertain whether any of our clients' rights are being infringed through the violation of FOSS licenses.
In his keynote from the 28th Chaos Communication Congress last week, Cory Doctorow outlines the primary threat to software freedom in the 21st century: that as our lives become more dependent upon general-purpose computers, the attempts of industry and government to control computing will fundamentally endanger our personal liberty. Using the now-familiar history of digital rights management—its rise, its failure, and legislative efforts to enforce it—Cory illustrates how those threatened by technology will inevitably seek to cripple it. But the so-called copyright wars waged by content owners, he says, were only "a skirmish."
OSCON is probably the single largest annual gathering of free software developers in the world, so it's always a good opportunity for SFLC to catch up with the projects we work with and to make new friends in the community. I only got to spend two days at OSCON 2011, but in that time I met and talked shop (and microbrews and vegan donuts) with lots of folks who are making impressive contributions to free software. I also got to talk about Legal Basics for Developers with Karen Sandler to a fantastic and engaged audience.
SFLC is introducing our redesigned website today! We hope you like the new look. While the content is largely unaffected, we've made some improvements to the information design to make the content easier to access and understand. (Take a look at our new publications page for an example.) We also changed our default content license to Creative Commons Attribution-ShareAlike 3.0 (formerly Attribution-NoDerivs).
In the haze of confusion surrounding the Supreme Court’s recent decision in Bilski v. Kappos, the appeals board of the United States Patent and Trademark Office issued a ruling last week that takes a definitive stand against the worst kinds of patents that threaten software developers every day.
Last week, to the surprise of patent lawyers and the biotechnology industry, advocates for technological freedom won an enormous victory against socially harmful distortions of patent law. The Federal District Court for the Southern District of New York held invalid patents owned by Myriad Genetics on diagnostic testing for genetic susceptibility to the most common hereditary forms of breast and ovarian cancer. By "patenting" the right to determine whether the BRCA1 and BRCA2 genes are present in the relevant mutated form in a women's genome, Myriad Genetics has been able to exclude all other laboratories from conducting the test. Patients and their insurers have paid much more, and women and their families have waited crucial weeks longer than necessary for information relevant to treatment and potentially affecting survival.
Earlier this week, the Office of Foreign Assets Control announced the relaxation of rules prohibiting export of software to Iran and Sudan. The new exemptions build on a recent easing of some rules governing exporting telecommunications technology to Cuba. These moves are surely an attempt to capitalize on the Iranian election demonstrations last summer that some called the "Twitter Revolution". They are also a sign that the Obama Administration is carrying out its plans to make internet freedom a pillar of US diplomacy.
I hope the revised OFAC rules are the beginning of a broad and nuanced re-examination of US technology export policy. They are certainly good news for Free Software developers who are currently prohibited from distributing their software in embargoed countries.
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