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Red Hat Puts More Muscle On Its Legal Staff — Linux — InformationWeek
Red Hat is beefing up its legal staff with two appointments to strengthen its hand in patent disputes and open source licensing issues.
Company spokesman on Wednesday declined to comment on whether Microsoft (NSDQ: MSFT)’s claims in early and mid-2007 that its patents cover parts of Linux had anything to do with the expansion.
“We are helping pave the way for open standards and changes in the IP regime needed for the future,” responded Robert Tiller, VP and assistant general counsel for IP, one of the new hires at Red Hat’s legal department. “We feel a responsibility to lead these efforts and to encourage projects that support open, multi-vendor standards,” he wrote in an email response.
Red Hat announced Wednesday that it was adding Tiller and Richard Fontana, a former associate of Eben Moglen at the Software Freedom Law Center, to its legal staff. Fontana will be Red Hat’s open source licensing and patent counsel.
Red Hat News | Strike One Against Microsoft
by Michael Cunningham, Executive Vice President & General Counsel
Strike One!
In our last blog posted on February 21, I proposed three test pitches for Microsoft to help judge the meaningfulness of its latest efforts to turn over a new leaf on interoperability. The first of these was to embrace the extant, multi-vendor ISO standard, ODF (Open Document Format) in lieu of its single vendor dominated efforts to create a new standard, OOXML (Office Open XML).
The first pitch was thrown in Geneva last week at the ISO ballot resolution meetings on OOXML. And we can safely say: strike one! There was no renouncement of the OOXML standard by Microsoft. Instead, every indication was business as usual.
By the way, you have to seriously wonder about those Geneva meetings. According to reports I’ve received about the meetings (which were closed but reportedly audio recorded), only a disturbing 25 or so of the approximately 1,000 substantive comments that were scheduled to be acted upon were actually discussed. As for the remainder of the comments, it appears that, in order to complete the agenda, a decision was made to vote on all of the remaining, undiscussed comments in a single vote.
You just don’t mess with Hobbits. You don’t take their rings, and you definitely don’t trifle with their IP.
The trustees of The Tolkien Trust, a British charity, have filed an action against New Line Cinema for its failure to pay a contractually required gross profit participation in the three films based on the world-famous Lord of the Rings trilogy. The trustees of the estate of JRR Tolkien and HarperCollins Publishers are co-plaintiffs in the lawsuit. The suit was filed today in Los Angeles Superior Court.
The Lord of the Rings films produced by New Line are among the most financially successful films ever created by Hollywood and were released in 2001, 2002 and 2003 respectively. The cumulative worldwide gross receipts to date total nearly $6 billion. Notwithstanding the overwhelming financial success of the films, and the fact that the plaintiffs have a gross participation in each of the films, New Line has failed to pay the plaintiffs any portion of the gross profit participation at all.
Now you can help us elaborate on “Bird Song: A cartoon requiem for DRM,” our Lighthearted Cartoon Funeral March for Digital Rights Management.
Below you’ll find links to all of the raw audio, video, and image files you need to proceed with your mashup. Let us know if there are any other formats that might be helpful. All of it is under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 United States license, the terms of which you can find here translated into a jillion languages.
Now it’s your turn to add to the story. Here are the raw music and video files:
As for how it was made, we’ll let the designers speak.
Islam Elsedoudi, art direction and design:
We mainly used Adobe After Effects and Adobe Illustrator for the animation and GarageBand for the music.
All the illustrations were drawn in Illustrator using the pen tool for the sleek drawings and the pencil tool for the sketchy drawings. We then brought them into After Effects and built “sets” in a 3D environment with a camera. We put a light source on the background to maintain realism and texture. The solid components of the piece (bird, globe, leaves, chandelier) were treated to look as if they were painted on the background.
The background texture remained consistent and unmoving, while everything else moved as it would in real space. Some of the more crude animations, such as the line rolling into the record and the bird cage falling were conventionally animated, frame by frame, using Illustrator and and a lot of screenshots.
Despite stumbling on the way to winning approval for ISO standardization of its closed-standard ooxml document format, Micro$oft isn’t deviating from trying to position itself as a peacemaker, appearing to offer an olive branch in the ongoing document format wars by offering to support (or at least stop blocking) adoption of the Open Document Format so long as it “doesn’t restrict choice in formats.”
Restricting choice, as it is used here, can be roughly translated to mean something like, “eroding our stanglehold.” The way they spin it, adoption of the Open Document Format, based on open standards and completely free to use by anyone, will somehow limit users’ choice. So Microsoft is totally cool with ODF, so along as their closed-standard OOXML format somehow wins equivalent standing as an International standard, even though it is not an open standard.
Confused? Mission accomplished.
A similar, but better played anvil disguised as an olive branch maneuver was shown to internet radio operators last week as SoundExchange granted a “reprieve” from enforcement of the onerous royalty ruling handed down by the Copyright Royalty Board. It seems that even the music industry didn’t want internet radio to die.
In a dramatic, last-minute reversal Sound Exchange offered to negotiate more favorable royalty rates for webcasters if they agreed to implement Digital Rights Management technology to prevent “streamripping.”
That’s probably not a deal-breaker for most internet radio operators, but it further restricts a presently-held right of fair use (taping off the radio) for most listeners, and consolidates the music industry’s power online.
Bargaining from a position of strength is good PR, it seems, whether that strength is real or artifice.
With GE Vice Chairman Bob Wright claiming that internet piracy is putting America’s “overall economic health at risk,” and NBC/Universal general counsel Rick Cotton saying, “…intellectual property crime runs to hundreds of billions [of dollars] a year,” the shrillness of the anti-sharing camp is now almost beyond the range of human hearing. (However, you can still read Cotton’s position in PDF form.)
But AT&T is listening. James W. Cicconi, an AT&T senior vice president, announced this week that the the nation’s largest telephone and Internet service provider would broaden its policing of customers from allegedly cooperating with a domestic spying program to include development of “anti-piracy technology that would target the most frequent offenders.”
Will customers revolt? Probably not.
From the LA Times:
AT&T’s decision surprised Gigi B. Sohn, president of Public Knowledge, a digital rights advocacy group.
“AT&T is going to act like the copyright police, and that is going to make customers angry,” she said. “The good news for AT&T is that there’s so little competition that where else are the customers going to go?”
Also, AT&T will soon enable you to see a roller-skating dog on your phone, so why worry about all this stuff? It’s all good.
Relax.
Via the Electronic Frontier Foundation, an update on the on-going dispute between spoon-bending “paranormalist” Uri Geller and online critic Brian Sapient. The case turns on the concept of fair use of copywrited material for criticism and “a legitimate discussion of [Geller’s] abilities.”
Geller’s quest to shut down Sapient’s criticism started when Sapient uploaded video to YouTube challenging Geller’s assertions about his mental powers. The 14-minute segment came from a NOVA television program, but Geller and his corporation Explorologist Ltd. claimed the video infringed its own copyrights and had the video removed from YouTube. Sapient filed a counter-notice under the Digital Millennium Copyright Act (DMCA), had the video restored to YouTube, and sued Geller for misrepresentation.
One would assume that Geller then retaliated by bending all the spoons in the EFF’s breakroom kitchen, causing the digital rights public interest group to switch to tree-killing, but mind-bending-proof wooden stir-sticks.
For more on EFF’s view of the case, check here and here.

Quicktime | Real
Real Stream | Ogg Theora
Internet Archive defeats ‘National Security Letter,’ Makes it public
Open Source Initiative Responds to OLPC article.
Patent law: It’s not rocket science.
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