The FCC has set rules for the upcoming auction of 700-MHz spectrum and they went halfway on the four open access principles that Google and others had called for. The agency said yes to “open devices” and “open applications,” thus requiring the auction winner to permit consumers to use any device or application on the network. But the FCC turned down “open services” and “open networks,” so the winners will not be obligated to let others buy access at wholesale prices in order to offer network services. This vote would seem to mean that Google won’t bid in the spectrum auction. Ars has a more in-depth look at the outcome.

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onehitwonder writes “Well-known CIO John Halamka has rigorously tested six different operating systems over the course of a year in an effort to find a viable alternative to Microsoft Windows on his laptop and his company’s computers. Here is CIO.com’s initial writeup on Halamka’s experiences; we discussed their followup article on SUSE. Now CIO is running a writeup on Halamka’s take on Ubuntu and how it stacks up against Novell SUSE 10, RHEL, Fedora, XP, and Mac OS X, in a life-and-death business environment.” For the impatient, here’s Halamka’s conclusion: “A balanced approach of Windows for the niche business application user, Macs for the graphic artists/researchers, SUSE for enterprise kiosks/thin clients, and Ubuntu for power users seems like the sweet spot for 2008.”

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An anonymous reader writes “The Software Freedom Law Center has given legal clearance to OpenHAL, a wireless component for Linux, based on their pro-bono review of the code. This announcement dispels allegations of infringement on Atheros’ proprietary HAL software. ‘We believe that this outcome will clear the way for eventual acceptance of a new wireless driver into the Linux kernel,’ said John Linville, the Linux kernel maintainer for wireless networking.”

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The iTunes Store said Tuesday it had passed a milestone, selling more than 3 billion songs since launching four years ago. The milestone came just six months after iTunes, Apple Inc.’s online music download service, surpassed the 2 billion tracks-sold mark. The service launched in April 2003 and it took until February 2006 to sell its first 1 billion songs.

In the first quarter of this year, it was ranked the third-biggest overall music retailer in the U.S., behind No. 1 Wal-Mart Stores Inc. and Best Buy Co., according to consumer surveys by The NPD Group. The ranking was based on units sold, not revenue from sales, and counted every 12 tracks purchased online as equivalent to an album in compact disc format. Apple’s line of iPod portable music players has been key to iTunes’ popularity.

News source: SiliconValley.com
View: Press Release on Apple.com

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NewYorkCountryLawyer writes “In a Corpus Christi, Texas, case, Atlantic v. Boggs, where the defendant interposed a counterclaim alleging that the RIAA’s $750-per-song file damages theory is unconstitutional, and the RIAA moved to dismiss the counterclaim, the US Department of Justice has sought and obtained an extension of time in which to decide whether to intervene in the case on the side of the RIAA. What probably precipitated the issue is that the constitutional question was raised not just as a defense as it was in UMG v. Lindor, but as a counterclaim, thus prompting a dismissal motion by the RIAA.”

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qedramania writes “Linuxworld seems to think ODF is a dead duck. Is the Windows monopoly too big and too entrenched? Other than diehard Linux fans, does anyone really care if they have to keep paying Microsoft to do basic word processing? It seems as though the momentum is towards a complete Microsoft monoculture in software for business and government. You can bet that big business and governments will want more than just reliability from Microsoft in return for their acquiescence. Does ODF have a future?”

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eldavojohn writes “We’ve heard a bit about the completely fair scheduler previously, but now Kernel Trap looks at the implications this new scheduler has for 3D games in Linux. Linus Torvalds noted, ‘I don’t think any scheduler is perfect, and almost all of the time, the RightAnswer(tm) ends up being not one or the other, but somewhere in between. But at the same time, no technical decision is ever written in stone. It’s all a balancing act. I’ve replaced the scheduler before, I’m 100% sure we’ll replace it again. Schedulers are actually not at all that important in the end: they are a very very small detail in the kernel.’ The posts that follow the brief article, reveal that Linus seems quite confident that he made the right choice in his decision to merge CFS with the Linux kernel. One thing’s for certain, gaming on Linux can’t suffer any more setbacks or it may be many years before we see FOSS games rival the commercial world.”

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oDDmON oUT writes “An article on the Computerworld site quotes polling results from a potentially-divisive PatchLink survey. The poll shows that the majority of enterprise customers feel there are no compelling security enhancements in Windows Vista, that they have no plans to migrate to it in the near term and that many will ‘either stick with the Windows they have, or turn to Linux or Mac OS X’. A majority, 87%, said they would stay with their existing version of Windows. This comes on the heels of a dissenting view of Vista’s track record in the area of security at the six month mark, which sparked a heated discussion on numerous forums.”

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An anonymous reader writes that earlier this month, Sony received word of a lawsuit from a Newport Beach company called Parallel Processing. They’ve filed against the electronics giant alleging that the Cell processor, used in the PlayStation 3, infringes on a patent they own. They’ve made the somewhat outrageous demand that every infringing chip (and console) be ‘impounded and destroyed’. From the article at Next Generation: “The patent, ‘Synchronized Parallel Processing with Shared Memory’ was issued in October 1991. It describes a high-speed computer that breaks down a program ‘into smaller concurrent processes running in different parallel processors’ and resynchronizes the program for faster processing times … Parallel Processing said that Sony’s alleged actions have caused ‘irreparable harm and monetary damage’ to the company.”

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Tech.Luver writes “The Register is reporting on Google’s statement to a presiding judge that video-fingerprinting of YouTube material will be ready in September. The development is required to head off a three-headed suit against the company, currently being debated in a New York City courthouse. The system will, according to Google, ‘be as sophisticated as fingerprinting technology used by the Federal Bureau of Investigation.’ From the article: ‘As Google told El Reg in an earlier conversation, the company already has two systems in place for policing infringing content - but neither are ideal. One system allows copyright holders to notify Google when they spot their videos on the company’s sites. When notified, the company removes the offending videos, in compliance with the American Digital Millennium Copyright Act. A second system uses “hash” technology to automatically block repeated uploads of infringing material.’”

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