Legal Archive

Hans Reiser Offers To Lead Cops to Nina’s Body

The story of Hans Reiser, the eccentric file system programmer, is a tragic one. The author of the ReiserFS was arrested under suspicion of the murder of his wife Nina Reiser in 2006, and was declared guilty in April 2008. Some still placed doubts about the conviction, stating that he might be innocent. It now seems that all doubt has been quelled, since Alameda County District Attorney Thomas Orloff has revealed that Hans Reiser will disclose the location of Nina's body for a reduced sentence.

McBride: “Linux Is a Copy of UNIX”

Speaking of soap operas, there's one soap opera in the technology world that has been going on for so long that nobody really seems to know why it was ever started, whatever all the different moves have been over the years, or whoever lost or won which battle. Just like a true soap opera, you can just jump right in the middle of it and feel like you've always been part of the regular audience. The SCO saga is such a case.

Hans Reiser Found Guilty of Murder

In October 2006, Hans Reiser, creator of the ReiserFS filesystem, was arrested under the suspicion of the murder of his wife, Nina, who had disappeared off the face of the earth after dropping their two children off at Hans' home. The two were divorced, and fighting a legal battle over ownership of the Namesys company and the custody of their children. Even though the body was never found, he has been declared guilty of first degree murder.

SQL Injection Attacks on IIS Web Servers

Last week, The Washington Post reported that hundreds of thousands of IIS webservers were hacked. Code was placed on them that installed malware on visitors' computers. Among the infectees were websites from the UK government and the United Nations. Initial reports said the attackers used a security vulnerability in Microsoft's IIS, but the company published more information on the attacks today, and denies IIS was compromised.

The Legality of EULAs in The Netherlands

When PsyStar announced they would be offering their own Macintosch clone, pre-installed with Apple's Mac OS X Leopard, they opened up a whole can of worms. Despite the fact that the company itself was shrouded in mystery and dubiousness, the possible implications of their actions sparkled an interesting debate here on OSNews as well as other discussion venues: can PsyStar and its users just discard Apple's End User License Agreement for Leopard? Instead of relying on my own limited layman's understanding of Dutch Common Law, I decided to contact Dutch legal experts, and ask for their opinions on Apple's EULA, and EULAs in general.

Column: Are You Stealing Vista?

A Microsoft executive sent out a snotty email chastising anyone who has been encouraging people to purchase the Vista upgrade and install it without owning a valid Windows license. People discovered long ago that the Vista upgrade, which costs half of what full license costs, will install on new hardware without verification of a previous install. Microsoft's Eric Ligman points out, to those people who weren't aware, that this is just as much a violation of the license as "borrowing" an install disk from a friend.

Legal Victory for the GPL

The license behind Linux and other open source projects has never faced a determined legal attack, and although it purports to give real teeth to developers' wishes, there's been fear that a committed enemy may one day attempt to challenge its legal footing. Recently, the Software Freedom Law Center sued Verizon for copyright infringement related to a GPL violation. This week, Verizon opted to settle out of court. This victory gives the GPL some needed legal momentum that may fend off future challenges.

Microsoft Challenges ‘Vista Capable’ Class Action

Microsoft Corp. on Friday asked that a lawsuit claiming it duped consumers in a Windows Vista marketing program be suspended while the company appeals a judge's decision to grant the case class-action status. If granted, the motion would also postpone any new disclosures of potentially embarrassing company e-mails. Last month, the release of similar documents showed that top-level company executives struggled with the new operating system on machines labeled "Vista Capable," and that partners such as Dell Inc. warned Microsoft that the campaign would confuse consumers.

Class Action Suit Against Microsoft Gets Green Light

A federal judge said Friday that consumers may go ahead with a class action lawsuit against Microsoft over the way it advertised computers loaded with Windows XP as capable of running the Vista operating system. The lawsuit said Microsoft's labeling of some PCs as 'Windows Vista Capable' was misleading because many of those computers were not powerful enough to run all of Vista's features, including the much-touted 'Aero' user interface.

New EU Enquiry Into Microsoft

The European Commission is launching two new anti-competition investigations against US computer giant Microsoft. The first will look at whether Microsoft unfairly ties its Explorer internet browser to its Windows operating system. In the parallel investigation, the Commission will look at the interoperability of Microsoft software with rival products. Note: Remember the OSNews comic? Here is a new comic, which, for now, is attached to the story it relates to. We are working on a separate section for the comic, but until that is done, I will sporadically publish comics this way. I have a whole stack of comics ready for when that section goes live - and you can see the name for the comic too, if you look "closely". Enjoy the new comic, titled "Hawaii".

Think Secret Ceases Activities After Reaching Settlement with Apple

As we say in Dutch, de kogel is door de kerk: Think Secret will cease all activities after reaching a settlement with Apple in a lawsuit Apple had filed against the website. In exchange for closing down Think Secret, Nick DePlume, its owner, will not have to reveal its sources to Apple. The press release on the Think Secret website reads: "Apple and Think Secret have settled their lawsuit, reaching an agreement that results in a positive solution for both sides. As part of the confidential settlement, no sources were revealed and Think Secret will no longer be published." My take: I have respect for the way DePlume protected his sources; very commendable. I have, however, little respect for Apple in this case (I have written, rather controversially, about it before), and it just scares the living daylights out of me that a company can exert this much power over independent websites.

Microsoft Strikes Back at Opera Antitrust Claims

Opera, based in Norway, announced Thursday that it had filed an antitrust complaint with the European Commission, alleging that Microsoft is abusing its dominant position by bundling IE with the Windows operating system. Opera also claimed that Microsoft is hindering interoperability by not following accepted open Web standards. Microsoft struck back Friday, indicating that it would not willingly unbundle IE from Windows. "We believe the inclusion of the browser into the operating system benefits consumers, and that consumers and PC manufacturers are already free to choose to use any browsers they wish," a Microsoft representative said. "Internet Explorer has been an integral part of the Windows operating system for over a decade and supports a wide range of Web standards."

Opera Files Antitrust Complaint with the EU Against Microsoft

"Opera Software filed a complaint with the European Commission yesterday which is aimed at giving consumers a genuine choice of Web browsers. The complaint describes how Microsoft is abusing its dominant position by tying its browser, Internet Explorer, to the Windows operating system and by hindering interoperability by not following accepted Web standards. Opera has requested the Commission to take the necessary actions to compel Microsoft to give consumers a real choice and to support open Web standards in Internet Explorer."

Microsoft Confused by its own ‘Vista Capable’ Branding

Lawyers for plaintiffs in a case brought against Microsoft over Vista's marketing have claimed that Microsoft was not telling the truth when it put the "Vista Capable" logo on PCs that would only be capable of running Vista Home Basic. Lawyers claimed that even Microsoft's director of marketing, Mark Croft, had become confused about the meaning of "Vista capable" when giving evidence.

Open Source Developers Must Chart Clear Defense in the Patent Wars

"The United States patent and legal system has turned into a battlefield where companies and technology developers can be attacked. Open source and free software developers have historically ignored this secondary battlefield, focusing instead on the primary battlefield of development and proliferation of their project. This omission leaves open source projects and individual developers vulnerable to patent infringement lawsuits. By creating its own defensive patent portfolio as commercial companies do, the open source community can arm itself for this battle."

BusyBox Devs and Monsoon Multimedia Agree to Dismiss GPL Lawsuit

The Software Freedom Law Center and Monsoon Multimedia today jointly announced that an agreement has been reached to dismiss the GPL enforcement lawsuit filed by SFLC on behalf of two principal developers of BusyBox. As a result of the plaintiffs agreeing to dismiss the lawsuit and reinstate Monsoon Multimedia's rights to distribute BusyBox under the GPL, Monsoon Multimedia has agreed to appoint an Open Source Compliance Officer within its organization to monitor and ensure GPL compliance, to publish the source code for the version of BusyBox it previously distributed on its Web site, and to undertake substantial efforts to notify previous recipients of BusyBox from Monsoon Multimedia of their rights to the software under the GPL. The settlement also includes an undisclosed amount of financial consideration paid by Monsoon Multimedia to the plaintiffs.

Mother Goes Against Universal Music

When her 0.29" family video was taken down by YouTube on the request of Universal MPG, the affected mother of two struck back with a lawsuit against Universal with the help of the EFF. While technically her family video might have been a copyright infringement as she had no license to include Prince's song as a background score, it is encouraging to see the public fighting back against restrictive laws that get in the way of their every day lives. My Take: I stated my own opinion on the matter on my personal blog.

ZFS Puts Net App Viability at Risk?

In a blog post, Sun's Jonathan Schwartz has announced that Sun will counter-sue Net App, after negotiations proved to be fruitless. "So now it looks like we can't avoid responding to their litigation, as frustrated as I am by that (as I said, we have zero interest in suing them). I wanted to outline our response (even if it tips off the folks at Net App), and for everyone to know where we're headed. First, the basics. Sun indemnifies all its customers against IP claims like this. Second, Sun protects the communities using our technologies under free software licenses. Third, we file patents defensively."