Intellectual Property News From Silicon Valley

Intellectual Property in Silicon Valley

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Microsoft CEO Steve Ballmer has gotten a lot of people's knickers in a twist by saying that Red Hat users owes Microsoft patent payments. He dropped the nugget during a Q&A last week in England captured on tape and put on the Internet. He was talking about how open source products "have an obligation to participate in the same way in the intellectual property regime" as commercial companies with their hefty R&D budgets and patent licenses. Then - after praising Novell for its open source-scandalizing patent indemnification deal with Microsoft - he uttered the words: "People [who] use Red Hat, at least with respect to our intellectual property, in a sense have an obligation to eventually compensate us." It was the first time Red Hat, the "no-patent-deal-ever" market leader, was publicly singled out like that as a patent infringer, but it's consistent with Microsoft's... (more)

‘Save MySQL from Oracle’ Petition Collects 13,600+ Signatures So Far

MySQL Journal on Ulitzer MySQL creator Monty Widenius’ petition to stop Oracle from getting the MySQL open source database along with Sun Microsystems had collected more than 13,600 signatures on Sunday, the day before Widenius has promised to start circulating the results to “regulators, governmental bodies, parliaments and journalists.” Widenius is also hoping to get regulators besides the European Commission investigating the proposed merger. He has refused to identify which regulators he means. According to its self-imposed deadline the EC has until January 27 to decide whether to wave the deal through or not although Oracle has broadly hinted that it has the EC’s approval in its pocket. Widenius claims Oracle’s acquisition of MySQL would be a conflict of interest and that the undertakings Oracle gave to the EC about MySQL a few weeks ago to nudge it into appr... (more)

SAP’s Fourth Quarter and Full-Year 2009 Results Exceeded Expectations

Economics for Investors SAP AG announced its preliminary financial results for the fourth quarter and full-year ended December 31, 2009. U.S. GAAP software and software-related service revenues were euro 8.20 billion (2008: euro 8.46 billion), a decrease of 3%. Non-GAAP software and software-related service revenues were euro 8.21 billion (2008: euro 8.62 billion), a decrease of 5% (5% at constant currencies). U.S. GAAP total revenues were euro 10.67 billion (2008: euro 11.57 billion), a decrease of 8%. Non-GAAP total revenues were euro 10.68 billion (2008: euro 11.73 billion), a decrease of 9% (9% at constant currencies). U.S. GAAP software revenues were euro 2.61 billion (2008: euro 3.61 billion), a decrease of 28% (27% at constant currencies). Full Year 2009 Non-GAAP revenue figures exclude an acquisition-related deferred support revenue write-down of euro 11 mil... (more)

Emulex Introduces High Performance NetFlow Generator Appliance for Enterprise, Cloud, Security and Mobile Deployments

EndaceFlow 3040 Delivers Custom Filtering, Advanced Load Balancing and Ease of Integration with Industry Leading NetFlow Collectors Interop, NEW YORK and COSTA MESA, Calif, 2 October 2013 - Emulex Corporation (NYSE:ELX), a leader in network connectivity, monitoring and management, today announced the new EndaceFlow™ 3040 NetFlow generator appliance. The EndaceFlow 3040, which is purpose-built for use with high-density 10Gb Ethernet (10GbE) networks, generates 100 per cent accurate NetFlows on up to four Ethernet links at speeds up to 10Gb per second (10Gbps) line rate. This level of performance speeds detection, identification and resolution of critical security and network issues, improving network uptime and reducing operational expenditures (OPEX) in enterprise data centres. "As enterprises move more deeply into the latest data centre technologies, such as 10GbE,... (more)

Red Hat Announces Updated Training for Red Hat Enterprise Linux 7

Red Hat, Inc. on Monday announced the launch of several updated system administration training courses and certification exams, to teach and qualify students on how to install, configure, deploy, and troubleshoot Red Hat Enterprise Linux 7. The courses continue to feature a hands-on, lab-based environment to provide IT professionals with the skill-sets they need to implement and maintain Linux deployments. The new curriculum places greater emphasis on enterprise administration skills including command line administration, shell scripting, diagnostics and troubleshooting. The courses will be available via traditional classrooms, live virtual training, online, or on-site at customers locations for private team training. Celebrating 15 years of preparing professionals for open innovation, Red Hat Training courses benefit both students and the companies they work for by... (more)

Red Hat Upgrades Hybrid Cloud Management Platform

Red Hat, Inc. on Monday announced Red Hat CloudForms 3.1, the next version of its open hybrid cloud management solution, available in September 2014. Red Hat CloudForms 3.1 extends enterprise-grade cloud management across private, public and hybrid clouds with additional management features, capabilities and enhancements for OpenStack, Amazon Web Services, VMware and Red Hat Enterprise Virtualization environments, as well as new support for Microsoft System Center Virtual Machine Manager private clouds. CloudForms 3.1 is the first release built from the open source ManageIQ community, introduced in May 2014. Red Hat acquired ManageIQ in December 2012 and fully open sourced the code earlier this year to drive innovation in hybrid cloud management through community-powered innovation. Private and Public Cloud Platform Support Cloud platforms are constantly evolving, an... (more)

It's Time to Formalize Your Open Source Adoption

As the adoption of Linux and other open source software within corporations grows, enterprise IT managers should, using reasonable oversight, establish policies that allow open source to benefit the company. Open source may be free and not ordinarily expose a company to piracy claims, but open source usaage should not be ignored. For most companies it makes sense to establish policies and procedures for an employee's use of open source in order to minimize any legal and intellectual property risks. In September 2003, Forrester Research delivered a report titled, "Your Open Source Strategy," with three general recommendations for companies deploying open source: Fund an open source advisory group to perform due diligence. Create policies to guide adoption and developer participation. Build a developer portal to track inventory and provide support. For many companies, ... (more)

Book Review: Open Source Licensing: Software Freedom and Intellectual Property

According to Larry Rosen, "One of the challenges to writing about licensing in a book not specifically written for licensing professionals is to make a very dull subject interesting." A Complete and Thorough BookRosen has met that challenge in his exciting guide to the Open Source licensing zoo. As an extra fillip he offers a set of five Open Source Principles so clear and brief that the Open Source Initiative (OSI) would be well advised to adopt them, plus two new licenses intended to solve not only the weaknesses of some of the current Open Source licenses, but resolve the many problems that revolve around the Free Software Foundation's (FSF) GNU General Public License (GPL) and Lesser General Public License (LGPL). This clear book spends 314 pages in detailed discussion of more legal issues than this review can touch on. The author has the advantage of having trai... (more)

WebSphere Journal Editorial: The IP Battles Continue

The battles over intellectual property continue. Google is the company-of-the-day in the headlines, with its plan to make available excerpts and whole text from several university libraries under legal attack from the New York-based Author's Guild, which represents 8,000 authors. This is a copyright issue. Earlier headlines this year, involving all major U.S. technology providers, on the other hand, involved patents: how they're granted and adjudicated in the U.S., and how they should be granted and adjudicated within the European Union. Meanwhile, Google and Microsoft are tussling over the hiring of a key employee - about how much of what he knows in the burgeoning area of search belongs to Microsoft, which is the latest issue to threaten Microsoft's long dominance on the desktop - and whether he can be held to the non-compete he signed. US business people in the ... (more)

Software & Patents – "Open Invention Network" Formed to Buy Linux-Related Patents

Aiming to head off any perceived intellectual property risk associated with Linux and open source, IBM, Philips, Sony, Red Hat, and Novell have formed the Open Invention Network (OIN) to buy Linux-related patents from holders and create a pool of intellectual property that it then can license out – without charge – to others. Gerald Rosenthal (pictured), former Vice President Intellectual Property & Licensing at IBM, will head up the new nonprofit company. Its initial assets, according to a Reuters report, will include patents purchased for $15.5 million by Novell from Commerce One Inc. "Open collaboration is critical for driving innovation, which fuels global economic growth," said Rosenthal. "Impediments to collaboration on the Linux operating system seriously jeopardize innovation," he continued. "A new model of intellectual property management for Lin... (more)

Xandros CEO Says Linux Violates No Patents

Linux platform provider Xandros and Microsoft have announced a broad collaboration agreement based on a set of technical, business, marketing and intellectual property commitments. "Companies today are running a mixture of Linux and Windows systems," said Andreas Typaldos, Chief Executive Officer of Xandros. "Cross-platform data centers are a reality. To meet evolving customer needs, vendors need to recognize the value of sharing intellectual property, developing more interoperable solutions and providing management tools that are familiar and easy to use." Typaldos and his company were recipients of some initial criticism for the deal, with Typaldos noting in one report that some people are telling him that Xandros "really shouldn't be talking to the devil." But Typaldos also believes that Linux does not violate any Microsoft patents, and said this was not part of ... (more)