Domain: groklaw.net
Stories and comments across the archive that link to groklaw.net.
Stories · 446
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Heise Online Reveals Trojan / Spam Connection
yourruinreverse writes "Virus distributors have been caught red-handed selling IP addresses of trojan-infected machines by editors of the German IT magazine c't. Several individuals appear to have been arrested already after c't, revealing one of the virus writer's nationality as British, passed on the information to Scotland Yard. Check out the German article first, then its translation on Groklaw and maybe also same translation posted in the English section of the Heise website (in order of appearance)." -
SCO Lists Specific Code-Infringement Claims
mugnyte writes "Those tireless folks at groklaw have transcribed and published the documents from the latest IBM/SCO hearing. In it, the exact lines of the supposed Dynix / AIX / Linux logic are given. SCO claimed that Linux's read copy update, journaling file system, enterprise volume management system, AIO (Asynchronous I/O), and "scatter gather" I/O code had been derived from either AIX or Dynix/ptx. Now we can take a look at what SCO thinks makes Linux an enterprise-ready platform started at 2.4, stealing away their market share. However, IBM released these things under the GPL ... so what license did IBM really have from SCO to do this? Which raises the question, What license did SCO have from Novell to disallow this?" -
SCOoby Snacks
A day with SCO is like a day without sunshine, I know that's what you're thinking. Novell is asking the court to dismiss SCO's lawsuit against them. Groklaw has taken a look at what is necessary to prove a 'slander of title' claim. And finally, reader loonix_gangsta wrote in and pointed to SCO's humorous 5 reasons to choose UNIX over Linux webpage. -
Novell Quotes AT&T on Derivative Works
grendelkhan writes "Novell has released their latest correspondance with the litigous bastards ordering them to stop the lawsuit by noon tomorrow, and clarify what the SVRX licensing agreements with AT&T meant regarding derivative works. The letter quotes AT&T from the April '85 issue of $echo as stating that they 'claim no ownership interest in any portion of such a modification or derivative work.' So much for the ladder rung analogy." And reader highwaytohell links to today's CRN article in which Eben Moglen suggests that the SCO/Linux lawsuit cannot move ahead "until SCO resolves its dispute with Novell. And regardless of which company prevails in court, he said, customers won't have to pay any company for a license fee since both claimants--SCO and Novell--have distributed the Linux code under the GPL. Once again, SCO have no comment." -
SCO Complaint Filed -- Including Code Samples
btempleton writes "The folks at Groklaw have posted a story including a preliminary copy of Caldera/SCO's amended complaint, including lines of code they allege were improperly included in Linux. The PDF can be found at this story The file lists unix filenames with line numbers and filenames and line numbers from the Linux 2.2 and 2.4 kernels, so folks can now go into real depth." -
SCO Complaint Filed -- Including Code Samples
btempleton writes "The folks at Groklaw have posted a story including a preliminary copy of Caldera/SCO's amended complaint, including lines of code they allege were improperly included in Linux. The PDF can be found at this story The file lists unix filenames with line numbers and filenames and line numbers from the Linux 2.2 and 2.4 kernels, so folks can now go into real depth." -
Groklaw Starts Unix/Linux History Project
An anonymous reader writes "Over on GrokLaw, PJ and others have decided to create a 'timeline' for Unix and Linux development. The plan is to recreate, as completely as possible, the history of these two operating systems '...from the perspective of tracing the code by copyright, patents, trade secret, and trademark. The idea is that the final timeline will be a publicly-available resource, released under a Creative Commons license, that will assist the community in defending against - or better yet in deterring - future lawsuits against GNU/Linux code.'" -
Darl Goes to Harvard
colinmc151 writes "Both Groklaw and Internet News are reporting on the visit made to Harvard University by Darl McBride, SCO president and CEO, and Chris Sontag SCO senior vice president. Darl and Chris made a presentation titled 'Defending Intellectual Property Rights in a Digital Age'. One protester gave out copies of Linux to all that attended. Bottom line SCO plans to carry on with the lawsuits. Best line was one student who when Darl asked if he was impacted by MyDoom.A e-mail virus answered 'No, I use Linux'." One MIT student has a write-up of the event as well... -
Groklaw Traces Contribution of ABIs back to SCO.
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Groklaw Traces Contribution of ABIs back to SCO.
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SCO Offers $250K Bounty for MyDoom Author's Arrest
Performer Guy writes "This SCO press release indicates that they are offering a $250,000 reward for information leading to the arrest & conviction of the MyDoom DDoS worm authors. Let's hope they catch them. Not merely because MyDoom is one of the most mindless attacks on our internet infrastructure in memory, but also when they pay up it'll be less cash for SCO's litigation engine." Thanks to Tin Foil Hat and prostoalex for pointing out links at ComputerWorld and CNET, too. Related to this: stealth.c writes "Bruce Perens has written a letter to the Open Source community, discouraging us from cheering on the MyDOOM virus, as it would falsely implicate the FOSS communities and almost certainly cause the success of the virus writer's mission of discrediting these movements. This letter is also posted on NewsForge and on Groklaw." Unfortunately, with columns like this one blaming the worm on "some ticked-off Linux fan", it needs to be said. -
SCO Fails to Produce Evidence
BlueSteel writes "For those of you that need that daily SCO fix, Groklaw has the declaration of Ryan E. Tibbitts of SCO, stating why they haven't produced any evidence... and that they need recent AIX and Dynix/ptx code from IBM before they can comply." -
SCO Fails to Produce Evidence
BlueSteel writes "For those of you that need that daily SCO fix, Groklaw has the declaration of Ryan E. Tibbitts of SCO, stating why they haven't produced any evidence... and that they need recent AIX and Dynix/ptx code from IBM before they can comply." -
Explaining Open Source Software
scubacuda writes "Mark Webbink, Red Hat's general counsel, has written an informative article explaining free and open source software. Geared towards attorneys, he explains the various licenses and addresses several myths about OSS." One to bookmark. -
The Voice of Groklaw
Random BedHead Ed writes "LinuxPlanet has an interesting interview with Pamela Jones, the paralegal and blogger who created Groklaw. Groklaw has become an indespensible site for geeks who need even more SCO updates than even /. provides - and if the site's inclusion in the footnotes of one of IBM's court documents is any indication, it's been handy for people involved in the case as well. No wonder the site won Best News Site in O'Reilly's OSDir.com Editor's Choice Awards for 2003. It shows how useful and influental a well-run collaborative website can be." -
The Voice of Groklaw
Random BedHead Ed writes "LinuxPlanet has an interesting interview with Pamela Jones, the paralegal and blogger who created Groklaw. Groklaw has become an indespensible site for geeks who need even more SCO updates than even /. provides - and if the site's inclusion in the footnotes of one of IBM's court documents is any indication, it's been handy for people involved in the case as well. No wonder the site won Best News Site in O'Reilly's OSDir.com Editor's Choice Awards for 2003. It shows how useful and influental a well-run collaborative website can be." -
Linus Blasts SCO's Header Claims
jonbryce writes "Linus has responded to the latest claims made by SCO in their letter to the Fortune 1000 companies. Basically, he wrote the code himself, and it has been there since Linux 0.0.1. No copying from BSD or any other source." You can also read his comment to the Linux kernel mailing list, which reads in part "I think we can totally _demolish_ the SCO claim that these 65 files were somehow 'copied.' They clearly are not." -
SCO Invokes DMCA, Names Headers, Novell Steps In
Sparky writes "We've already heard that SCO have invoked the DMCA via 'letters sent to select Fortune 1000 Linux end users.' The specifics come via a copy of the letter reprinted at LWN.net - they've decided that they own the copyright to about 65 header files contained in Linux - largely errno.h, signal.h and ioctl.h." balloonpup also notes "CNet News has reported that SCO has reported a fourth quarter loss of $1.6 million, owing mostly to hefty legal fees in its war against Linux. SCO said they would have reported $7.4 million in earnings, if not for the $9 million payout to their lawyers. Way to go, SCO!" Many readers also point out a Groklaw article indicating Novell has registered for the copyrights on multiple versions of Unix with the U.S. Copyright Office, so that "both the SCO Group and Novell have registered for UNIX System V copyrights for the same code." -
SCO Gets More Desperate; Sends More Letters
isn't my name writes "The New York Times is reporting that SCO has sent new letters to Linux-using businesses with specific examples of infringement. SCO has its fiscal earnings call scheduled tomorrow at 11am. In all probability, these letters are designed to get analyst/reporter interest focused on their claims instead of the numerous fundamental problems with their case. So, slashdotters, we need to find a copy of the letter and tear it apart with specificity before tomorrow morning in the US East Coast, so that any analysts/reporters will not be distracted." -
Viral GPL Misconceptions Elegantly Explained
Scot W. Stevenson writes "Our favorite paralegal Pamela Jones of Groklaw has put together a short FUD-killer on the General Public License that explains why you can't lose your proprietary code if you inadvertently incorporate GPL code. This is not the only text of its kind, but it is so well explained that you might want to bookmark the page for future reference." -
Viral GPL Misconceptions Elegantly Explained
Scot W. Stevenson writes "Our favorite paralegal Pamela Jones of Groklaw has put together a short FUD-killer on the General Public License that explains why you can't lose your proprietary code if you inadvertently incorporate GPL code. This is not the only text of its kind, but it is so well explained that you might want to bookmark the page for future reference." -
Groklaw Outlines More SCO Linux Contributions
An anonymous reader writes "Groklaw today reported that they have discovered another SCO programmer, Tigran Aivazian, who has committed code to the Linux kernel. According to the latest story Mr. Aivazian contributed a microcode update feature, a testing program, and made contributions to SMP and vmalloc. This new story adds weight to earlier stories about Caldera coder Chris Hellwig's additions to XFS, SMP and JFS. " Also on the SCO front, an anonymous reader writes "SCO's last Open Letter has drawn two new responses, one from Red Hat cofounder Bob Young, and the other from Jon 'maddog' Hall. 'maddog' makes a carefully reasoned rebuttal that defends the GPL and includes observations like 'How could the founding fathers or the early legislators have foreseen the Web, or even computers?' Young curtly offers McBride the following advice: 'Be less vocal' - making him the King Canute of Linux, perhaps, because it ain't gonna happen anytime soon." -
Groklaw Outlines More SCO Linux Contributions
An anonymous reader writes "Groklaw today reported that they have discovered another SCO programmer, Tigran Aivazian, who has committed code to the Linux kernel. According to the latest story Mr. Aivazian contributed a microcode update feature, a testing program, and made contributions to SMP and vmalloc. This new story adds weight to earlier stories about Caldera coder Chris Hellwig's additions to XFS, SMP and JFS. " Also on the SCO front, an anonymous reader writes "SCO's last Open Letter has drawn two new responses, one from Red Hat cofounder Bob Young, and the other from Jon 'maddog' Hall. 'maddog' makes a carefully reasoned rebuttal that defends the GPL and includes observations like 'How could the founding fathers or the early legislators have foreseen the Web, or even computers?' Young curtly offers McBride the following advice: 'Be less vocal' - making him the King Canute of Linux, perhaps, because it ain't gonna happen anytime soon." -
Groklaw Outlines More SCO Linux Contributions
An anonymous reader writes "Groklaw today reported that they have discovered another SCO programmer, Tigran Aivazian, who has committed code to the Linux kernel. According to the latest story Mr. Aivazian contributed a microcode update feature, a testing program, and made contributions to SMP and vmalloc. This new story adds weight to earlier stories about Caldera coder Chris Hellwig's additions to XFS, SMP and JFS. " Also on the SCO front, an anonymous reader writes "SCO's last Open Letter has drawn two new responses, one from Red Hat cofounder Bob Young, and the other from Jon 'maddog' Hall. 'maddog' makes a carefully reasoned rebuttal that defends the GPL and includes observations like 'How could the founding fathers or the early legislators have foreseen the Web, or even computers?' Young curtly offers McBride the following advice: 'Be less vocal' - making him the King Canute of Linux, perhaps, because it ain't gonna happen anytime soon." -
Security Experts Doubt SCO's Claims of DoS
devilkin writes "As a recent Slashdot story indicates, SCO claims their website was the target of a DoS (Denial of Service) attack. Was it really? The people at Groklaw think otherwise..." -
SCO Ordered to Produce Evidence
harmless_mammal and others wrote in with news from the SCO-IBM hearing in Utah today - apparently the judge has ordered SCO to respond to IBM's discovery requests within 30 days. IBM is asking SCO to tell IBM precisely what code it is alleging is infringing, and to date SCO has failed to show any evidence whatsoever. Some reports from the hearing are at Groklaw, which is already slow under the load. If SCO continues to fail to produce the evidence they've claimed they have, the judge will likely be very displeased, perhaps dismissing the lawsuit entirely. -
SCOrched Earth
mm0mm writes "Just hours after we read Darl's open letter on copyrights, Groklaw has another breaking update on SCO up on their website. SCO's Reply Memorandum of Law in Support of its Motion to Compel Discovery is now available. (original document here) The memorandum requests court to order IBM, the defendant, to provide evidence and support their case against ....IBM. :D When I was young, it was the plaintiff who was responsible for preparing enough evidence to present to the court, but in Darl's world, with army of lawyers who will be given 20% of the proceeds from the settlement or of 'a sale of SCO during the pendancy of litigation', apparently rules are different." Lawrence Lessig has a great piece reviewing Darl's nonsensical letter. -
More Damning SCO Evidence At Groklaw
An anonymous reader writes "There's a very interesting story up at Groklaw right now. PJ reports on new evidence that Chris Hellwig, a SCO employee, contributed code to SMP, XFS, and JFS and did so with the knowledge of his supervisor." Groklaw is thorough, and this is another good example of just quite how thorough. -
SCO Letter to Fortune 1500 Now Online
e6003 writes "The text of the extortion letters that SCO sent out in May 2003 to the 1500 largest US companies is now online. Read in all its glory the lies and misconceptions that SCO has about Linux and the kernel development process. Pamela Jones, the proprietor of Groklaw, suggests Linus Torvalds would have a great case for defamation as a result of this letter and subsequent events." -
SCO Hints at *BSD Lawsuits Next Year, And More
shystershep writes "Apparently attacking one Unix-like OS isn't enough. According to Darl McBride, SCO has plans to target BSD. "The more yarn you pull out the more you see," according to McBride. They're a little preoccupied with the IBM litigation right now, though, so "we probably won't file any suits against BSD until sometime in the first half of next year." Hmmm. I can't imagine why SCO executives feel that they need to hire bodyguards." How to get at the *BSDs? vireo writes "In this Newsforge story, we learn that Boies, Schiller & Flexner will directly attack the 1994 AT&T/BSD settlement." Read on below for another handful of updates on the giant SCO lawsuit frenzy.osullish writes "The Financial Times reports that SCO is indicating it will sue an as-yet un-named Linux-using corporation within the next 90 days. Also mentioned in the article is possible action against Novell, which recently purchased Ximian and SUSE Linux."
Iaitos points to this rather stiffly-worded notice from Novell (on their site) regarding the non-compete agreement SCO claims would taint Novell's acquisition of SUSE:
PROVO, Utah Nov. 18, 2003: Novell has seen the November 18 InfoWorld article in which SCO CEO Darl McBride refers to a supposed non-compete agreement between Novell and SCO. Mr. McBride's characterization of the agreements between Novell and SCO is inaccurate. There is no non-compete provision in those contracts, and the pending acquisition of SUSE LINUX does not violate any agreement between Novell and SCO.
Novell has received no formal communication from SCO on this particular issue. Novell understands its rights under the contracts very well, and will respond in due course should SCO choose to formally pursue this issue."
slavitos points to a ZDNet article covering the same ground, writing: "A characteristic SCO twist in the story: "McBride added that lawsuits likely will be preceded and possibly prevented by communications offering businesses an opportunity to get right with SCO. "We'll be communicating with users what our expectations are," he said.". Oh, that's helpful, Darl - and no, we didn't really expect you to be any more specific."
If your lips aren't yet too tired, ansak writes "PJ has done it again -- okay, "co-ordinated it" would be the better phrase. The transcript of SCOG's conference call is now available (and in danger of being slashdotted without slashdot's help, even!).
#include <std.thanks.to.volunteers.h>"Another legal theory being thrown about is that SCO's lawsuit (the one against IBM, that is) all leads back to Sequent. Petrol writes "The Inquirer has a story about SCO's action against IBM. 'Sources close to the action describe a trail of code that might well be the target of SCO's ire against IBM and the Linux community.'"
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SCO Hints at *BSD Lawsuits Next Year, And More
shystershep writes "Apparently attacking one Unix-like OS isn't enough. According to Darl McBride, SCO has plans to target BSD. "The more yarn you pull out the more you see," according to McBride. They're a little preoccupied with the IBM litigation right now, though, so "we probably won't file any suits against BSD until sometime in the first half of next year." Hmmm. I can't imagine why SCO executives feel that they need to hire bodyguards." How to get at the *BSDs? vireo writes "In this Newsforge story, we learn that Boies, Schiller & Flexner will directly attack the 1994 AT&T/BSD settlement." Read on below for another handful of updates on the giant SCO lawsuit frenzy.osullish writes "The Financial Times reports that SCO is indicating it will sue an as-yet un-named Linux-using corporation within the next 90 days. Also mentioned in the article is possible action against Novell, which recently purchased Ximian and SUSE Linux."
Iaitos points to this rather stiffly-worded notice from Novell (on their site) regarding the non-compete agreement SCO claims would taint Novell's acquisition of SUSE:
PROVO, Utah Nov. 18, 2003: Novell has seen the November 18 InfoWorld article in which SCO CEO Darl McBride refers to a supposed non-compete agreement between Novell and SCO. Mr. McBride's characterization of the agreements between Novell and SCO is inaccurate. There is no non-compete provision in those contracts, and the pending acquisition of SUSE LINUX does not violate any agreement between Novell and SCO.
Novell has received no formal communication from SCO on this particular issue. Novell understands its rights under the contracts very well, and will respond in due course should SCO choose to formally pursue this issue."
slavitos points to a ZDNet article covering the same ground, writing: "A characteristic SCO twist in the story: "McBride added that lawsuits likely will be preceded and possibly prevented by communications offering businesses an opportunity to get right with SCO. "We'll be communicating with users what our expectations are," he said.". Oh, that's helpful, Darl - and no, we didn't really expect you to be any more specific."
If your lips aren't yet too tired, ansak writes "PJ has done it again -- okay, "co-ordinated it" would be the better phrase. The transcript of SCOG's conference call is now available (and in danger of being slashdotted without slashdot's help, even!).
#include <std.thanks.to.volunteers.h>"Another legal theory being thrown about is that SCO's lawsuit (the one against IBM, that is) all leads back to Sequent. Petrol writes "The Inquirer has a story about SCO's action against IBM. 'Sources close to the action describe a trail of code that might well be the target of SCO's ire against IBM and the Linux community.'"
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SCO to Take On Hollywood
An anonymous reader writes "Daniel Lyons, the man you may remember for calling the FSF 'Linux's Hit Men' is now reporting that SCO is 'Holding Up Hollywood.' Their reasoning? It's because 'They're using a ton of Linux in Hollywood, so they've become a lightning rod for us,' says Darl McBride, SCO's chief executive. As usual, Groklaw provides insightful commentary concerning rehash SCO has planted to remain in the news, saying 'Maybe they should fulfill prior threats before they throw out new ones? Otherwise, it could lead some of us to doubt their sincerity.'" At least it's smarter than trying to sell a license to every home user of Linux. -
SCO Will Pay You Not to Use Linux
Verteiron writes: "As if things weren't weird enough already, SCO is now planning to pay companies to migrate away from Linux.. even if it's not toward UNIX. According to the summary over at Groklaw, SCO will provide 'financial incentives and discounts' to users that switch to 'other operating systems that have a stronger IP basis than Linux.' This doubly amusing when considered together with the following statements straight from SCO's 8-K form filed with the SEC: '...plans to expand SCO's intellectual property licensing program to allow for migration alternatives to end users... and continued efforts to protect SCO's UNIX intellectual property rights and SCO's belief that the private investment will enhance SCO's ability to pursue currently pending legal actions... SCO has a history of unprofitability and has only realized revenue from its SCOsource licensing initiative during the last two quarters...'" -
IBM Puts Pressure On SCO
inode_buddha writes "An article at Groklaw shows IBM's legal team dissecting the whole SCO thing professionally and thoroughly. I'm almost willing to bet the case gets dropped with extreme prejudice, especially now that Novell is getting involved. Is anyone taking bets as to when the case actually closes and how?" I suggest the MIT Technology Review add this one to their markets. -
IBM Puts Pressure On SCO
inode_buddha writes "An article at Groklaw shows IBM's legal team dissecting the whole SCO thing professionally and thoroughly. I'm almost willing to bet the case gets dropped with extreme prejudice, especially now that Novell is getting involved. Is anyone taking bets as to when the case actually closes and how?" I suggest the MIT Technology Review add this one to their markets. -
SCO Madness Reigns Supreme
Sri Lumpa writes "It will come as little surprise for those of you that followed the SCO stories and read their latest filing that an IP attorney, Douglas Steele, Esq., thinks that 'SCO is trying to get the judge to declare all works released under the GPL for the last 3 years put into the public domain.' Meanwhile, more lawyers give their opinions, with Eben Moglen saying 'It's just rubbish,' while another says of SCO's defense: 'From the outside, it appears so bizarre and so ridiculous that I fear their argument is being misstated,' while Blake Stowell of SCO believes Congress has drawn a boundary between proprietary and open source and still insists that IBM should indemnify its Linux users while refusing to indemnify SCO's Samba users against a potential MS lawsuit. More links to related news stories continue to appear in the comment section of the first link, thanks to the Groklaw readers." Read on for another handful of updates in SCO vs. The World.Roblimo knows good, honest Constitutional argumentation when he sees it, and over on NewsForge amplifies SCO's claims that the GPL is unconstitutional.
Dopey Panda writes "Looks like SCO has become just a bit worried about their liabilities for distributing the Linux kernel. Starting November 1 you will have to be a registered SCO customer to be able to access their FTP site. So that leaves just a couple days for you to download your own genuine SCO-approved GPL code!"
And perhaps today's most interesting SCO submission: 1HandClapping writes "In alwayson-network.com, Mark F. Radcliffe (HIAL) writes about a little-reported aspect of the SCO vs IBM case: 'Novell, as part of its sale of the UNIX licenses to SCO, retained the right to require SCO to "amend, supplement, modify or waive any right" under the license agreements (and if SCO did not comply, Novell could exercise those rights itself on SCO's behalf). At IBM's request, Novell employed this right and demanded that SCO waive IBM's purported violations. When SCO did not do so, Novell exercised its right to waive the violations on SCO's behalf. Basically, this defense destroys the core of the SCO case: IBM's violation of its UNIX license with SCO.'"
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SCO Madness Reigns Supreme
Sri Lumpa writes "It will come as little surprise for those of you that followed the SCO stories and read their latest filing that an IP attorney, Douglas Steele, Esq., thinks that 'SCO is trying to get the judge to declare all works released under the GPL for the last 3 years put into the public domain.' Meanwhile, more lawyers give their opinions, with Eben Moglen saying 'It's just rubbish,' while another says of SCO's defense: 'From the outside, it appears so bizarre and so ridiculous that I fear their argument is being misstated,' while Blake Stowell of SCO believes Congress has drawn a boundary between proprietary and open source and still insists that IBM should indemnify its Linux users while refusing to indemnify SCO's Samba users against a potential MS lawsuit. More links to related news stories continue to appear in the comment section of the first link, thanks to the Groklaw readers." Read on for another handful of updates in SCO vs. The World.Roblimo knows good, honest Constitutional argumentation when he sees it, and over on NewsForge amplifies SCO's claims that the GPL is unconstitutional.
Dopey Panda writes "Looks like SCO has become just a bit worried about their liabilities for distributing the Linux kernel. Starting November 1 you will have to be a registered SCO customer to be able to access their FTP site. So that leaves just a couple days for you to download your own genuine SCO-approved GPL code!"
And perhaps today's most interesting SCO submission: 1HandClapping writes "In alwayson-network.com, Mark F. Radcliffe (HIAL) writes about a little-reported aspect of the SCO vs IBM case: 'Novell, as part of its sale of the UNIX licenses to SCO, retained the right to require SCO to "amend, supplement, modify or waive any right" under the license agreements (and if SCO did not comply, Novell could exercise those rights itself on SCO's behalf). At IBM's request, Novell employed this right and demanded that SCO waive IBM's purported violations. When SCO did not do so, Novell exercised its right to waive the violations on SCO's behalf. Basically, this defense destroys the core of the SCO case: IBM's violation of its UNIX license with SCO.'"
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SCO Madness Reigns Supreme
Sri Lumpa writes "It will come as little surprise for those of you that followed the SCO stories and read their latest filing that an IP attorney, Douglas Steele, Esq., thinks that 'SCO is trying to get the judge to declare all works released under the GPL for the last 3 years put into the public domain.' Meanwhile, more lawyers give their opinions, with Eben Moglen saying 'It's just rubbish,' while another says of SCO's defense: 'From the outside, it appears so bizarre and so ridiculous that I fear their argument is being misstated,' while Blake Stowell of SCO believes Congress has drawn a boundary between proprietary and open source and still insists that IBM should indemnify its Linux users while refusing to indemnify SCO's Samba users against a potential MS lawsuit. More links to related news stories continue to appear in the comment section of the first link, thanks to the Groklaw readers." Read on for another handful of updates in SCO vs. The World.Roblimo knows good, honest Constitutional argumentation when he sees it, and over on NewsForge amplifies SCO's claims that the GPL is unconstitutional.
Dopey Panda writes "Looks like SCO has become just a bit worried about their liabilities for distributing the Linux kernel. Starting November 1 you will have to be a registered SCO customer to be able to access their FTP site. So that leaves just a couple days for you to download your own genuine SCO-approved GPL code!"
And perhaps today's most interesting SCO submission: 1HandClapping writes "In alwayson-network.com, Mark F. Radcliffe (HIAL) writes about a little-reported aspect of the SCO vs IBM case: 'Novell, as part of its sale of the UNIX licenses to SCO, retained the right to require SCO to "amend, supplement, modify or waive any right" under the license agreements (and if SCO did not comply, Novell could exercise those rights itself on SCO's behalf). At IBM's request, Novell employed this right and demanded that SCO waive IBM's purported violations. When SCO did not do so, Novell exercised its right to waive the violations on SCO's behalf. Basically, this defense destroys the core of the SCO case: IBM's violation of its UNIX license with SCO.'"
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SCO Calls GPL Unenforceable, Void
wes33 writes "Groklaw has a link to SCO's replies to IBM's amended complaints. Some choice bits: '6th Affirmative Defense - The GPL is unenforceable, void and/or voidable, and IBM's claims based thereon, or related thereto, are barred. ... 7th Affirmative Defense - The GPL is selectively enforced by the Free Software Foundation such that enforcement of the GPL by IBM or others is waived, estopped or otherwise barred as a matter of equity. ... 8th Affirmative Defense - The GPL violates the U.S. Constitution, together with copyright, antitrust and export control laws, and IBM's claims based theron, or related thereto, are barred.' Comments are pouring in ... not all of them complimentary to SCO or its legal strategy." Considering that the GPL and the GNU project rely on and affirm the protections of copyright, this seems like a strange argument to pursue. -
SCO Calls GPL Unenforceable, Void
wes33 writes "Groklaw has a link to SCO's replies to IBM's amended complaints. Some choice bits: '6th Affirmative Defense - The GPL is unenforceable, void and/or voidable, and IBM's claims based thereon, or related thereto, are barred. ... 7th Affirmative Defense - The GPL is selectively enforced by the Free Software Foundation such that enforcement of the GPL by IBM or others is waived, estopped or otherwise barred as a matter of equity. ... 8th Affirmative Defense - The GPL violates the U.S. Constitution, together with copyright, antitrust and export control laws, and IBM's claims based theron, or related thereto, are barred.' Comments are pouring in ... not all of them complimentary to SCO or its legal strategy." Considering that the GPL and the GNU project rely on and affirm the protections of copyright, this seems like a strange argument to pursue. -
SCO Asks IBM To Make SCO's Case For It
acousticiris writes "According to an analysis of Friday's memorandum from SCO on Groklaw: 'If I had to characterize it in a brief sentence or two, the sentence would be that SCO tells the court, "How are we supposed to know what code IBM misappropriated? It's up to them to prove our case for us."...' It's also interesting to note that in Friday's memorandum, footnote 4, SCO uses Eric Raymond's Jargon File entry for FUD to take pot shots at IBM (footnote 4). Evidently, Eric was not pleased, according to the updated entry." -
SCO Asks IBM To Make SCO's Case For It
acousticiris writes "According to an analysis of Friday's memorandum from SCO on Groklaw: 'If I had to characterize it in a brief sentence or two, the sentence would be that SCO tells the court, "How are we supposed to know what code IBM misappropriated? It's up to them to prove our case for us."...' It's also interesting to note that in Friday's memorandum, footnote 4, SCO uses Eric Raymond's Jargon File entry for FUD to take pot shots at IBM (footnote 4). Evidently, Eric was not pleased, according to the updated entry." -
Microsoft Raises Security Game, Notes Shortcomings Elsewhere
LMCBoy writes "Steve Ballmer recently told an industry conference that Microsoft software is more secure than Linux. PJ at Groklaw has a nice, thorough analysis of this dubious claim. She points out that not only are there vastly more Microsoft exploits reported, but that the exploits tend to be much more severe, involving remote administrator access." In related news, mhesseltine writes "According to an article from the Washington Post, in an unusually ironic twist, Microsoft has started talking smack about their own products, instead of those of their competitors. Bill Gates said of Office 'it's too hard to find things in e-mail' and described some features of Word as 'clunky.'" -
Microsoft Raises Security Game, Notes Shortcomings Elsewhere
LMCBoy writes "Steve Ballmer recently told an industry conference that Microsoft software is more secure than Linux. PJ at Groklaw has a nice, thorough analysis of this dubious claim. She points out that not only are there vastly more Microsoft exploits reported, but that the exploits tend to be much more severe, involving remote administrator access." In related news, mhesseltine writes "According to an article from the Washington Post, in an unusually ironic twist, Microsoft has started talking smack about their own products, instead of those of their competitors. Bill Gates said of Office 'it's too hard to find things in e-mail' and described some features of Word as 'clunky.'" -
McBride Interview from Utah SCO Protest
Andrew McNabb writes "Some of you may remember the protest we had in June in front of the SCO offices in Lindon, UT. Afterwards we had an interview with Darl McBride, where he said some very interesting things. More on the scoop, including a transcript and ogg of the discussion is available at Groklaw." -
McBride Interview from Utah SCO Protest
Andrew McNabb writes "Some of you may remember the protest we had in June in front of the SCO offices in Lindon, UT. Afterwards we had an interview with Darl McBride, where he said some very interesting things. More on the scoop, including a transcript and ogg of the discussion is available at Groklaw."