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However, because Microsoft's patent protection is granted directly to customers, the deal does manage to avoid GPL stipulations and is a "clever" way of attaching a per-copy restriction to Linux, Townsend and Townsend Partner Phil Albert told LinuxInsider Albert, whose firm fo...

However, while the forthcoming patent terms in the next version of the GPL -- version 3 is currently under consideration in draft form -- might hinder such an arrangement, Novell's offer of the patent license appears to comply with GPLv2, Townsend and Townsend Partner Phil Albert told LinuxInsider...

"The absence of evidence is the absence of evidence," Townsend and Townsend partner and software legal expert Phil Albert told LinuxInsider. "With all of the evidence before the court, it's clear IBM should win." Higher Profile...

"Maybe JBoss was small enough that it wasn't cost-effective to assert a patent against JBoss, and now with Red Hat, there's a much bigger market," Townsend and Townsend Partner and software legal expert Phil Albert told LinuxInsider. "It is a much deeper pocket, but it's also potentially a much bigger infringement."

Phil Albert, an intellectual property attorney and partner with Townsend and Townsend and Crew, said there is a need for something to offset the potential risks of open-source software use "It would be foolhardy for a company to just ignore where their software came from," he ...

Phil Albert, a technology attorney and partner with Townsend and Townsend and Crew LLP, said the recent indication from the court that it would rule on the settlement without impact from the U.S. Patent Office decision was a win for NTP "At different times, different parties m...

"I don't think there's a lot of concern in the industry," said Phil Albert, an IP attorney with Townsend and Townsend and Crew. "Because it's never going to come down to, oh, I can't use my BlackBerry," he told TechNewsWorld Patently Denied...

For open-source software developers, coding is the easy part. Trying to find the right open-source license is where things get painful. It's like standing in line at Starbucks trying to decide whether to buy latte or mocha. Soy milk or regular? Tall or grande? Don't even get me started on ice cream. Baskin Robbins wants us to believe they only have "31" flavors. The real number is over 1000...

It's good to be the king. Pack leaders get to set the pace, choose which trail to take and be the first in line when everyone arrives ...

Sometimes you can't win for trying. Like when you politely ask the kid sitting next to you on the subway who is playing his music a little loud to please turn it down. Just to be contrary, he responds by cranking it up even more ...

Phil Albert, an intellectual property attorney and partner with the San Francisco law firm Townsend & Townsend & Crew, told TechNewsWorld the case was somewhat surprising, given that most publishers are eager to have their headlines posted on Google's aggregation sites and the ability of organizations to opt out of the news feeds. The opt-out feature was cited by Google in response to the suit...

The debate over software patents is getting quite dramatic. For some, more than just lines of code are at stake. Rather, it is nothing less than freedom itself. As in the apocalyptic "Lord of the Rings trilogy," the armies prepare for war. The battle cry from Free Software Foundation Europe sounds: "Join the Fellowship and protect your freedom!"...

Duct tape is the world's most versatile invention. It makes ducts airtight, holds car parts together, patches holes in canoes and keeps rock musicians from tripping over wires onstage. It rips easily, holds firm even underwater and provides a quick fix for almost any emergency. But sometimes, duct tape fanatics go too far ...

Ellen Simonetti is a former Delta Airlines flight attendant who writes a Web log called the "Queen of the Sky." She is a "former" flight attendant because Delta fired her after she posted pictures of herself in uniform showing off her legs while lying across a row of seats in a Delta plane. Even though the shots were not all that racy, they were definitely not poses a passenger would expect to see when boarding a flight...

Large patent portfolio owners seem to be in a particularly generous mood these days. A few weeks after IBM announced it was giving away 500 patents, Sun jumped on the bandwagon by announcing that it is releasing more than 1,600 patents associated with the Solaris OS, a move they describe as eclipsing any other vendor's contribution ...

Last week's announcement that Big Blue was giving away patents was viewed as uncommonly good news in open source circles. When IBM decided to contribute 500 of its patents to a "patent commons" for the benefit of open-source software developers and end users, it conjured up visions of a city commons where passersby could enjoy a sunny morning listening to the birds...

It's a new year, time for focusing on those New Year's resolutions. One of my resolutions was to spend more time outdoors, but it's the rainy season so I'm stuck indoors for now. In that case, I decided to put my cool new presents to good use. I took to the Web to research photo manipulation software to go with my new digital camera ...

From sports to gossip to business, it is a time-honored New Year's tradition for columnists to prognosticate on what we can expect in the coming year. Tabloids tell us which celebrity marriages will break up, where aliens will appear next, and what famous personalities will dominate the news. Fortunately for the tabloids, not too many readers bother to compare their predictions a year later with what actually happened...

Holiday shopping sure has changed. This year, my shopping list includes all things digital -- a TiVo box, some DVDs, perhaps even a digital camera. A generation ago, consumer goods did not come with microprocessors. Back then, once you bought something, you owned it. You could use it however you wanted without ever worrying about the manufacturer...

Every four years, the fall sport becomes following U.S. presidential politics. As any sports fan knows, you have to know the lingo to understand the talking heads. I take politics seriously, so after hearing the expressions "red-state" and "blue-state," I did my research and learned that red is the color of Republican leaning states and blue is the color of Democratic leaning states...