Slashdot Mirror


SCO Has "Made No Decision" On Linux IP Claims

Earlier today, a Slashdot post reported the possibility that SCO would attempt to collect royalty payments for intellectual property that SCO (according to that story) claims would make other Linux vendors liable to the tune of nearly $100 per Linux-running CPU. This report on NewsForge reports that SCO has issued a statement "disputing the claims in the story, but confirming that it does have significant asset claims in Unix IP and it is discussing 'possible strategies.'" Awfully ambiguous on SCO's part; I'd feel better about a straight denial.

175 of 367 comments (clear)

  1. There's nothing like.. by Gortbusters.org · · Score: 4, Interesting

    fuzzy thinking to make you want to scream for some real answers.

    The reality of the situation is that SCO could never collect 100 dollars against every PC running Linux. At best, they would hurt RedHat, destroy what's left of Mandrake's bank account, and have a luminous cloud over every little distribution out there.

    Are they going to use the linux counter or something?

    --
    --------
    Free your mind.
    1. Re:There's nothing like.. by John+Hasler · · Score: 4, Insightful

      They are talking about the Linux _kernel_. It's GPL, so any "replacement of SCO code in a hurry" would be immediately available to all distributions.

      And IBM would be much more likely to finance the work than Red Hat. Hell, IBM might just solve the problem by buying SCO.

      Most likely, though, the kernel hackers would do the work with no need for any special corporate funding at all.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    2. Re:There's nothing like.. by rutledjw · · Score: 2
      Of how about this?

      We're trying to figure out how to extort money without enraging the OSS/GPL/EFF/Linux masses - both personal and corporate

      Let's not forget that small names like IBM and Oracle have a pretty significant state in Linux. This could go VERY badly for SCO if they push it. Quite honestly, the bad press they've recieved thus far is probably fairly damaging...

      --

      Computer Science is Applied Philosophy
    3. Re:There's nothing like.. by mickwd · · Score: 2

      But surely they wouldn't do anything against their very bestest friends SuSE, Conectiva and TurboLinux ?

      After all, they are United, right ?

    4. Re:There's nothing like.. by banzai51 · · Score: 2

      What they're really trying to do is figure out how they can enforce this *only* on Microsoft. But they're screwed. Enforce it on Microsoft and you have to enforce it with everyone else

    5. Re:There's nothing like.. by walt-sjc · · Score: 2

      Not at all. This is not a trademark issue. The rules are different for patents. They can selectivly enforce patents just fine thankyouverymuch.

    6. Re:There's nothing like.. by blair1q · · Score: 2

      I remember when nobody tried to make money off of Linux.

      Then these distro companies popped up, trying to profit from something they didn't write (oh, sorry, they only profit from the parts they did write that depend on the parts they got for free from someone else; yeah, right).

      And they're surprised that the owners of the only legal license to the original product want a piece of the value they own?

      I'm on SCO's side. They paid for UNIX, they own it. When Linux was free, it was just a dilution of SCO's market that they couldn't hope to do anything about. Now Linux is big business and that's directly attributable to the success of UNIX.

  2. SCO by grub · · Score: 4, Funny


    1. Buy "Unix" name
    2. Lose millions
    3. Scramble for cash
    4. Come up with hair-brained idea as a 'Hail Mary'
    5. ???
    6. Bankruptcy!

    --
    Trolling is a art,
    1. Re:SCO by dextr0us · · Score: 2, Funny

      wow, an accurate buisness plan on slashdot! Amazing.

      PS #5 could be hiring lawyers to defend charging $100 per linux pc.

      --
      "Martha Stewart can lick my Scrotum......do i have a scrotum?" -- Sharon Osbourne
    2. Re:SCO by bongoras · · Score: 5, Informative

      For the benefit of those who are to lazy to read the (fine) story... SCO statement on Client Server News story On January 10, 2003 Client Server News published a story concerning SCO and its UNIX intellectual property. This article states as fact speculations about what SCO may do or not do with regard to its ownership of core UNIX IP. Darl McBride, president and CEO of SCO, has discussed SCO's UNIX IP ownership in many public venues and on the most recent quarterly investors' conference call. SCO has significant UNIX intellectual property dating back to the company's purchase of AT&T's Bell Labs UNIX technology. Our UNIX IP is a significant asset and for several months we have been holding internal discussions, exploring a wide range of possible strategies concerning this asset. We've reached no final decisions on any course of action. SCO is a Linux vendor and a leading member of United Linux. Contrary to the claims in the Client Server News article, SCO has no desire to take legal action against fellow Linux vendors. As a normal part of business, SCO has had discussions with several legal experts in the field of intellectual property law, and these discussions included David Boies. Contrary to the claims in the Client Server News story, SCO has not engaged Mr. Boies to take legal action against our fellow Linux vendors. It's unfortunate when a publication runs a headline, stating as fact in the present tense that our company is engaging in certain activities when, in fact, we've made no decisions, formed no programs and announced nothing about this.

    3. Re:SCO by grub · · Score: 2


      Our UNIX IP is a significant asset and for several months we have been holding internal discussions, exploring a wide range of possible strategies concerning this asset

      Rather than "exploiting" anything, why not just work on improving their product and giving some actual Value Added improvements to customers of their system?

      --
      Trolling is a art,
    4. Re:SCO by scoove · · Score: 3, Insightful

      1. Buy "Unix" name
      1.1. Scribble out all references to BSD and the Univ. California's intellectual property role in the development of UNIX. Toss out any history on UNIX litigation, including Net2 code issue and round after round of court decisions.

      5. ???
      Actually, it's:
      5. Develop pump and dump scheme to boost SCO stock for a few days while the execs dump and get out.

      Then...
      6. Bankruptcy!

      Bingo. It's funny how history repeats. It wasn't too long ago that BSD/386 faced a similar threat from the current UNIX TM licensee.

      "If you can't compete, litigate."

      *scoove*

    5. Re:SCO by Jason+Earl · · Score: 3, Informative

      SCO has two proprietary UNIX OSes (UnixWare, and OpenServer) and a Linux distribution, and they have essentially no inhouse development staff. In short, they haven't a prayer of actually competing.

      Which is why they are considering this sort of a suicide tactic. They have nothing to lose.

    6. Re:SCO by orthogonal · · Score: 2

      wow, an accurate buisness plan on slashdot! Amazing.

      PS #5 could be hiring lawyers to defend charging $100 per linux pc.


      And #7 could be: "#7 Lawyers profit!!!"

    7. Re:SCO by Error27 · · Score: 5, Interesting

      This morning I saw the article hoverred my mouse over the URL just to make sure it wasn't a LinuxGram article.

      Now that I have time to read it, I can see that it is a LinuxGram article after all and by Maureen O'Gara no less.

      I'm not sure if there are any salt grains large enough for the articles she writes.

  3. If it's SCOs IP then it's SCO's IP. by stratjakt · · Score: 5, Funny

    Coming soon to a warez group near you: Linux!

    --
    I don't need no instructions to know how to rock!!!!
    1. Re:If it's SCOs IP then it's SCO's IP. by rasjani · · Score: 2
      Actually!

      If you go to the "DirectDownload sites" you will see that "linux X.X" is allready downloadable =)

      Not that i have ever visited any of those =) but i bet there's hundreds of websites boasting about latest greatest "LINUX 8.0 ISO DOWNLOAD HERE" allready.

      --
      yush
  4. Get to the end of the line. by gpinzone · · Score: 4, Insightful

    ...right behind Unisys. I think they're still waiting for their first royalty check from Slashdot. [Insert make believe deity here]-forbid they should use PNG instead.

  5. What IP are we talking about, exactly? by TheSHAD0W · · Score: 4, Insightful

    What intellectual property does SCO claim to own? Are these patents, or copyrights, and over what code or protocols?

    I think the core Linux was based on is past-due, patent-wise, so any claim on that would be prior art; and the fact that Linus coded the basic kernel from the ground up would eliminate copyright concerns, so what's left? Auxiliary functionality?

    Someone was mentioning System V; is it SysV binary code compatibility that SCO is laying claim over? I think that could be eliminated from the kernel without major disruptions; some people would get really peeved about the inability to run proprietary software they couldn't recompile, but...

    1. Re:What IP are we talking about, exactly? by Anonymous Coward · · Score: 5, Informative

      There are patents on all kinds of wacky things like the setuid bit. SCO has a collection of these that are automatically licensed when someone starts with the original UNIX source base but could be used in a lawsuit if someone tried to make something "UNIX like" without licensing UNIX. So it's basic UNIX concepts that are the sticking point here since Linux is "UNIX like" but not a UNIX and not based on any older UNIX code like *BSD.

    2. Re:What IP are we talking about, exactly? by TheSHAD0W · · Score: 3, Insightful

      Well, wasn't the original Unix released in the mid 1970's? Didn't it have that functionality? Wouldn't any patent based on it be either expired, or be subject to prior art claims?

    3. Re:What IP are we talking about, exactly? by John+Hasler · · Score: 4, Funny

      Yes, were the USPTO not staffed with ignorant bunglers.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    4. Re:What IP are we talking about, exactly? by ianezz · · Score: 3, Informative
      Well, wasn't the original Unix released in the mid 1970's? Didn't it have that functionality?

      Well, some patents were filed from the very start, for example the patent on the SUID bit, owned (at the time) by Bell Labs, inventor: Dennis Ritchie.

  6. it doesn't even matter by Ender+Ryan · · Score: 4, Interesting
    It hardly matters. If SCO tries to extort money from people using Linux, the SCO will lose it's run to distribute Linux in any form whatsoever. The GPL forbids distributing anything under the GPL license that is patented and the patent isn't freely usable.

    If SCO tries anything, Torvalds, Stallman, et al will have cause to sue SCO and force them to drop their patent claims.

    Still, SCO could stop distributing Linux, and demand others do so as well... There's nothing the GPL can do about that. This would simply force another vendor to buy their patent, such as RH or IBM, etc.

    OTOH, these claims are still completely unsubstantiated.

    This type of crap is just another reason software patents should be not allowed... Ridiculous.

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
    1. Re:it doesn't even matter by tchuladdiass · · Score: 2, Interesting

      However, since they have already distributed Linux under the GPL, they are in fact granting everyone rights themselves under the GPL. Therefore, they loose the right to sue for any patent infingement contained in any code they have distributed. You can't give someone a non-revokable right in a contract, and later try to revoke that right.

    2. Re:it doesn't even matter by ajs · · Score: 2

      I imagine this will end when SCO reveals their patent and one of the following happens:

      1. Overwhelming prior art forces them to shut up
      2. The affected code is re-written, forcing Linux to evolve for the better.
      3. Tremendous market pressure from current Caldera users and other parties interested in SCO forces them to withdraw.

      There is basically nothing that Linux and UNIX(tm) have that *BSD does not. This means that if SCO comes after Linux, they would have to explain why they (and the IP holders before them) let BSD live for 20+ years. That's going to be a hard sell.

  7. How could they not have expected this? by burgburgburg · · Score: 2

    How do you hang around this community and not expect that suddenly coming forward with an overexpansive IP claim is going to have everybody jumping down your throat? Haven't they ever been slashdotted? Even in the "What's the least likely way we can make money?" sense, putting this on paper and internally distributing it is a recipe for permanent suspicion.

  8. Re:Is this talking about Caldera? by benjamindees · · Score: 2, Informative

    They were. It is. They changed their name to "The SCO Group" because of the perceived popularity of the "SCO" name.

    --
    "I assumed blithely that there were no elves out there in the darkness"
  9. Get them for GPL violation! by jmv · · Score: 5, Interesting

    From the press release: "SCO is a Linux vendor and a leading member of United Linux", so SCO is distributing (claimed) patented software. However, from the GPL:

    7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

    That means that by not licensing the patents for free they're violating the GPL. Wonder if that infringement on the GPL could be used to invalidate their claim for money on Linux?

    1. Re:Get them for GPL violation! by mark-t · · Score: 2
      That means that by not licensing the patents for free they're violating the GPL. Wonder if that infringement on the GPL could be used to invalidate their claim for money on Linux?

      Possibly. SCO has no right to expect royalties for code that is contributed to the GPL -- there are only two options: one, SCO must allow Linux to to be freely distributed by anyone with no catches or hooks, or two, the infringing code must be removed from Linux before any further distribution by anyone can proceed. Under existing patent laws, SCO has the right to expect renumeration for what has happened so far (and arguably even what may continue to happen), but they have no right to dictate the terms under which their code can be used as long as it is GPL'd. The long and the short of it is that either SCO must suck it up and take the loss (possibly a bad thing, since it would lend more credibility to the idea that the "GPL is a virus" thing), or the infringing code must be removed from the Linux kernel.

    2. Re:Get them for GPL violation! by jmv · · Score: 5, Informative

      So very wrong. If you were right, that would mean that I could write a GPLed program that reimplements the MP3 patent, and then tell Thompson Media that their patent is violating the GPL.

      No, it's not the patent that's violating the GPL. The GPL only states that if you can redistribute the software freely because of a patent, then you can't redistribute it at all. The problem is that SCO is distributing Linux (Thompson is not distributing GPL MP3 software), so since it claims you can't redistribute it freely, they're not allowed to distribute it either, because of the GPL.

      So esentially, if SCOs to proved to be correct, that would make the GPL invalid for those portions of code, and thus it would be free game for anybody to use the code. Then SCO could be free to grab the code and enforce their patents anyway, an effort must made easier by removing that pesky GPL.

      No, the GPl says: If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. That's quite different than "the GPL doesn't apply is there's a patent".

    3. Re:Get them for GPL violation! by theLOUDroom · · Score: 2

      So esentially, if SCOs to proved to be correct, that would make the GPL invalid for those portions of code, and thus it would be free game for anybody to use the code.

      So very wrong. If the GPL is invalid, they work does not automatically go into the public domain. The original author of the code would still own the copyright, and since the GPL would no longer be granting you premission to use the code, you couldn't use it at all.

      Also as another poster points out, overall it would be like Thompson Media distributing GPL'ed code, but since the code is encumbered by patents, the GPL is not in effect and Thompson Media has no right to distribute the code, so they are in violation of copyright law, because they do not have premission from the author to redistribute the work.

      --
      Life is too short to proofread.
    4. Re:Get them for GPL violation! by GauteL · · Score: 4, Interesting

      "So very wrong. If you were right, that would mean that I could write a GPLed program that reimplements the MP3 patent, and then tell Thompson Media that their patent is violating the GPL."

      You misunderstand the whole issue. The GPL will not invalidate patents, it will invalidate the patent holders rights to distribute the GPL-software.

      So if Fraunhofer distributed mp3 players based on GPL-code, and refused to give out royalty free licenses for their mp3 patent, they would loose their rights to distribute the GPL-based mp3-software.

      They would still be able to enforce their patents and they would still be able to distribute mp3-software for which THEY are the copyright holders.

      It is not in Calderas interest to enforce royalty fees on their patents, because that would mean they could not distribute Linux anymore.

      "So esentially, if SCOs to proved to be correct, that would make the GPL invalid for those portions of code, and thus it would be free game for anybody to use the code. Then SCO could be free to grab the code and enforce their patents anyway, an effort must made easier by removing that pesky GPL."

      Here you are just plain wrong. You do not understand copyright law at all. Without the GPL-license, Caldera has no rights to the code AT ALL, apart from the very few portions they might have written.

      If the GPL-license was declared void, then only the original copyright holder would have any rights to the code. In Linux's case, that would be a big mess, since there are (AFAIK) lots and lots of copyright holders for the Linux kernel. Linus would probably have to contact as many as possible, and ask them for permission, and rewrite portions of the code that had owners that he could not reach.

      For the GNU-tools, the Free Software Foundation is the copyright holder, and they could do whatever they pleased. Noone else would have any rights besides what FSF decided to give them.

  10. BSD init by FreeLinux · · Score: 5, Insightful

    SCO must consider all options, it is after all a revenue generating corporation (supposedly). But, they must consider the risk that such an action would have. Should they decide to enforce such a claim, they risk having to spend a great deal of money defending the lawsuits that would surely arise from other similar companies.

    Now, let's assume for a moment that they go forward with their claim and that it is uncontestable. The next step, naturally, would be for every Linux distribution to switch to the BSD style init system. SCO has no claim to this and therefore gain no further revenue from their System V rights. But, most importantly, no one would trust SCO again. Everything SCO would be shunned by all Linux distros and the community at large. At that point SCO may as well forget their Caldera roots and stop selling Linux completely because no one will buy SCO Linux again. SCO will be forced to try to line from SCO Unix alone and the original SCO proved that this is a very hard thing to do. It will be even harder now, as Linux was not as strong a contender 3 to 5 years ago, at least in the mindshare department.

    I'm sure that SCO will eventually say that they will NOT enforce this claim against Linux but, they need to do it quickly because the longer they wait the less people will trust them.

    1. Re:BSD init by Xerithane · · Score: 2, Funny

      At that point SCO may as well forget their Caldera roots and stop selling Linux completely because no one will buy SCO Linux again.

      again
      adv.
      1. Once more; anew:

      If people bought it to start with, I don't think we'd have this problem.

      --
      Dacels Jewelers can't be trusted.
    2. Re:BSD init by theLOUDroom · · Score: 2

      SCO must consider all options, it is after all a revenue generating corporation (supposedly).

      What ever happened to social responsibility? Way too many people seem to think that it is the responsibility of a corporation to generate profit, regardless of any other concerns (including even it's own long-term concerns).

      Just because you can make money by pretending to be handicapped and begging doesn't mean you aren't a sorry excuse for a human being if you do.

      What if corporation X can have it's profits go up if they have their most vocal critics killed? Should they? Isn't it their responsibility, since it will increase their profits, especially if even after the cost of the fines they will have to pay if they kill these people, they will still have made more than they lost from the endevor? Hey, you can't put a corporation in jail, so they should go for it right?

      Hey, murder is an option right? (albeit an illegal one)

      --
      Life is too short to proofread.
    3. Re:BSD init by mirabilos · · Score: 2

      Hey Xerithane, long time no see.

      I still wonder if it affects the BSD world at all,
      since IIRC IANAL after the early-90es lawsuit all
      issues have been cleared out.

      --
      My Karma isn't excellent, damn it! (And /. still does not get UTF-8 right in 2012. Wow.)
    4. Re:BSD init by PurpleBob · · Score: 2

      I bought Caldera OpenLinux 2.2 as my first distro.

      It's amazing that I kept using Linux - that thing was a royal piece of crap.

      As I said in the other article: Caldera is just realizing that the community has no respect for them, so now they're turning against it.

      --
      Win dain a lotica, en vai tu ri silota
  11. Wait a fucking minute by haggar · · Score: 5, Interesting

    The whole point in these two "articles" of sorts is that it would have been much better to just wait and see what exactly is SCO's intention. The first article was jumping the gun (as this one proves), and the reaction of Slashdot is to.. again jump the gun? I almost think some people are using any and all opportunity to spread FUD.

    It's quite simple, really: just wait what the decision will be, and if it turns out that Caldera would want to collect royalties from Linux distro makers, then let all hell break out, badmouth SCO and collect karma points all you like.

    If it turns out, however, that SCO only wants to target Microsoft (which is, if you think about it for a second, the only sound and sane choice, as MS are the only ones that possess cash in aboundance), then I really wonder if all these zealous posters will take their words back and say "sorry, I suck". And remember, SCO (Caldera) has a history of getting money out of MS, so this should be one hint that MS will be the target. And the prosecutor that was mentioned in that first, atroucious writeup, was Boise, who clobbered MS rather badly (or well, depending on your POV) and earned his reputation as MS's nightmare. That should be another hint.

    --
    Sigged!
  12. Say Goodbye to Solaris and AIX by linuxislandsucks · · Score: 2, Interesting

    its not Linux they are after folks..its Oslairs and AIX..

    Of course here are SCO's options:

    -Sue SUN and IBM to enforce IP claims of Unix Solaris or AIX forcing SUN and IBM to fully embrace al Linux distributions except United Linux and SCO's Linux..

    -Admit their business plans suck...

    -Sue Linux distributions over IP claims and become a non player in the Linux community..

    I think they wil press for the suing other unix players option..

    Get your popcorn and get ready for fireworks

    --
    Don't Tread on OpenSource
    1. Re:Say Goodbye to Solaris and AIX by vsavatar · · Score: 2, Interesting

      Not really. SCO doesn't have the $$$ to hold up against the likes of Sun or IBM (IBM most notably). At the first hint of taking them to court, IBM would simply buy SCO, take their patents, layoff all their employees, fire the execs, and then leave what's left in the corner to rot.

      IBM has also been rather protective of Linux ever since it became a viable competitor to Windows, probably just to get back at M$ for stabbing them in the back with that whole OS/2 fiasco years ago. I seriously doubt they're going to let some two-bit company like SCO just walk in and kill it off like M$ did to OS/2. IBM is a company that learns from their mistakes.

      They may just buy out SCO and perform the above actions just to keep Linux alive so that they can sell more servers. IBM's biggest marketing push in the last year has been for the Linux platform. They are certainly not going to watch hundreds of millions in advertising go down the tube.

    2. Re:Say Goodbye to Solaris and AIX by Amazing+Quantum+Man · · Score: 2

      Sue SUN and IBM to enforce IP claims of Unix Solaris or AIX forcing SUN and IBM to fully embrace al Linux distributions except United Linux and SCO's Linux..

      I think Sun *HAS* a license to anything in SVR4. They codeveloped it with AT&T, which caused the whole UI/OSF split back in the early '90s.

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    3. Re:Say Goodbye to Solaris and AIX by spinlocked · · Score: 2

      There would certainly be no reason to sue Sun.

      Solaris 2.0 was based on code legitimatly licensed from AT&T. Indeed, Sun contributed to the development of SVR4 itself (it contained the SunOS VFS framework and VM subsystem).

      If there's any of the IP which SCO now finds that it owns in Solaris, then it's been bought and paid for.

      --
      # init 5
      Connection closed.


      Oh... ...bugger.
    4. Re:Say Goodbye to Solaris and AIX by kerskine · · Score: 2

      Sun is off the hook. Before AT&T transfered ownership of SVR5 to Novell, Sun bought a paid-up, perpetual Right-to-Use (RTU) license. I think IBM may have done the same thing.

      --
      ****

      "I'd never want to join a club that would have me as a member" - G. Marx
  13. The Real Question... by Grenade+of+Antioch · · Score: 3, Insightful

    Would seem to be whether or not the distribution of a freely distributable version of Linux by the prior owners of SCO, perhaps in violation of their own patents, would in some way negate their current claims. After all, isn't it the case that if you fail to defend your patent or other intellectual property, it becomes harder to defend it later?

  14. Re:Geez... by jez_f · · Score: 2, Informative

    I may be wrong but AFAIK this is a FOLLOW UP to a previous story.

    In story 1 there was an artical saying that SCO would possibly be going to charge $96 for each linux CPU.
    in story 2(this one) there is a denial by SCO of the first story.
    They could have both been put into the same artical but there is no problem with having seperate ones either
    I don't mind inane comments on ./, they are part of the charm, but them getting modded up irks me.

  15. In my view that gave an outright denial... by MyNameIsFred · · Score: 3, Insightful
    To quote the SCO statement on NewsForge
    in fact, we've made no decisions, formed no programs and announced nothing about this
    Timothy said he would "feel better about a straight denial." If that isn't a straight denial, I don't know what is.
    1. Re:In my view that gave an outright denial... by AndrewRUK · · Score: 2

      How about "SCO has no desire to take legal action against fellow Linux vendors" as a straight denial. Also from the SCO statement.

    2. Re:In my view that gave an outright denial... by Martigan80 · · Score: 2

      in fact, we've made no decisions, formed no programs and announced nothing about this
      Timothy said he would "feel better about a straight denial." If that isn't a straight denial, I don't know what is.


      Well they did not say "no we will not", and that is a straight denial. They just said in a different verbiage that they weren't ready for the question and have to think of an answer.

      --
      This SIG pulled due to lack of funding. (This damn war is costing too much!)
    3. Re:In my view that gave an outright denial... by g4dget · · Score: 2
      Translation:
      We don't want to sue other Linux companies because it would give us bad PR. However, if business conditions or profits make it necessary, we will sue, even though we don't "desire" it.
    4. Re:In my view that gave an outright denial... by LostCluster · · Score: 2

      An outright denail would be something along the lines of "We have made the decision that we will not be doing this."

      Instead, it's still possible that they're planning and still planning on going forward, it's just that they haven't announced it. That's why their denial was incomplete... they've denied that they are doing but have not covered is going to

  16. The rest of the world by Albanach · · Score: 5, Insightful
    So, what's the impact here in the rest of the world where there are no (or few) software patents?

    Are SCO going to pursue every linux user in the US? and if they do, will the US government (that's busy spending billions trying to re-ignite their economy) simply sit back and watch as the rest of the globe becomes more competitive and a better location to establish your business as a result?

    Maybe, just maybe, this is actually what's required though. A really harsh pursuit of a patent by a failing company that sees this crazy ability to patent any and every idea relating to computing, whether it's obvious or even whether it's been done before properly challenged and hopefully halted. And if it's not halted? Well then for many companies it quickly becomes silly to be located in the US.

    1. Re:The rest of the world by LostCluster · · Score: 2

      This is where it's nice to remember that IP isn't really property.

      If the US Government gets outraged enough, it can revoke specific patents or a whole class of patents with a simple law passing Congress and gaining either presidental approval or overriding the veto. Just throw it in the back of an Economic Recovery Package or something like that.

    2. Re:The rest of the world by general_re · · Score: 2
      If the US Government gets outraged enough, it can revoke specific patents or a whole class of patents with a simple law passing Congress and gaining either presidental approval or overriding the veto

      No they can't. The best you could get from Congress would be compulsory licensing of the patent(s) in question, and then only if the public good were shown to far outweigh the harm to SCO, which is a higher hurdle than it sounds at first blush. That whole Fifth Amendment thingy about not depriving people of their property without just compensation and due process gets in the way of simple patent revocations.

      Yes, I know - you said IP isn't really property. At best, that's your opinion of how things should be, not a reflection of the law as it currently stands.

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
  17. Until we dissolve the regimes we will be slaves by FreeUser · · Score: 5, Insightful

    What intellectual property does SCO claim to own? Are these patents, or copyrights, and over what code or protocols?

    It almost certainly is not copyrights. Linux was written from scratch by Linus Torvalds and released under the GNU GPL. Any and all code submitted to the kernel is likewise GPLed, so if SCO submitted code, they did so under the terms of the GPL. This is where the GPL really shines ... it innoculates against entities such as SCO submarining code into the OS and then making copyright claims down the road.

    Of course, if someone violated SCO's copyright and got it accepted into the kernel without divulging its origins (or claiming to have written it themselves), then SCO would probably have a copyright claim against the purported author, not those (the linux kernel folks, distros, and users) to whome that hypothetical black hat illegally licensed the code. And if said person were actually in the employ of SCO, then sco would have essentially granted a licenses and would be bitchslapped by the courts. None of those latter scenerios are even remotely likely, so, as I said, it is almost certainly not a copyright claim SCO's vague comments are asserting.

    What they own are almost certainly software patents, likely patents written from looking at the source code written and developed by others, and granted rubber-stamp style from the notoriously irresponsible US Patent and Trademark Office (USPTO). As others have said, such are the equivelent of 'nuclear weapons' for IT, and if SCO were to do such a foolish thing (as a consiquence of their own stupidity, or shilling for Microsoft), the end result will be no GNU/Linux in the United States (the only country stupid enough to recognize such patents), and a United States with an IT industry that would be irrelevant not within the generous twenty years Alan Cox suggests, but within a scant 5 years at best.

    In short, America would become the technological backwater its behavior and policies have so richly earned it. We in the States who care (a vanishingly small minority) would be unhappy with this ... and, of course, powerless to do anything about it beneath a government that no longer even feels the need to feign democracy, much less practice it. However, the rest of the world will continue on quite happilly without us, probably breathing a sigh of relief that such an out of control, unilateral superpower has managed to shoot itself so severely in the foot.

    In any event, if the rest of the world ever wants to throw off the yoke of the American Hegemony, the best and most effective first step they could take would be to reject our copyright and patent schemes outright ... why should one country, one corporation, or one human being own knowledge and wisdom, regardless of whether they thought of it first (and most likely had their employer claim ownership of their thought), or, as is just as often the case, merely won the footrace to the patent office or cribbed the work of others.

    The best thing the developing world could do for itself is tell America and western Europe to fuck off and none-too-gently place their IP regimes, patents and copyrights in particular, into a location where the sun never shines. If free software is destroyed by these knowledge-squatters, it will not be the first such promising work of humanity so destroyed, nor the last. Until people wake up and put these Robber Barons in their place (preferably behind bars), atrocities such as this potential fiasco will occur again and again, with human progress and public interests being trampled, again and again, by the attourney equivelent of a spoiled child's shreak "No, I thought of it first, you can't use it!"

    --
    The Future of Human Evolution: Autonomy
    1. Re:Until we dissolve the regimes we will be slaves by Xerithane · · Score: 4, Insightful

      It almost certainly is not copyrights. Linux was written from scratch by Linus Torvalds and released under the GNU GPL. Any and all code submitted to the kernel is likewise GPLed, so if SCO submitted code, they did so under the terms of the GPL. This is where the GPL really shines ... it innoculates against entities such as SCO submarining code into the OS and then making copyright claims down the road.

      Sorry to inform you, but if any developer writes code that violates SCOs patents it doesn't matter if it is GPLd or not. The patent encumbrance clause of the GPL states that if there is a patent dispute than distribution is forbidden.

      This doesn't matter who wrote the code, or who put it in. Welcome to Patent Law 101: If you violate a patent, the patent holder can selectively enforce it.

      In any event, if the rest of the world ever wants to throw off the yoke of the American Hegemony,
      Ooook, it's time to go back on the meds and take off the tinfoil hat. There is no American Hegemony. In case you have failed to notice, a lot of Chinese are making a fortune on the internet. They don't care about the US. The US (and Americans) like to think they are much more important and far reaching than they are.

      The best thing the developing world could do for itself is tell America and western Europe to fuck off and none-too-gently place their IP regimes, patents and copyrights in particular, into a location where the sun never shines. If free software is destroyed by these knowledge-squatters, it will not be the first such promising work of humanity so destroyed, nor the last.

      Sorry, you last all bits of sanity when you were writing this one out. First off, SCO is not a "knowledge squatter" -- they hold patents. Big deal, so does IBM. IBM strongly suggested SCO shouldn't do this, and my guess is that if SCO tries it IBM will fuck SCO. It's called checks and balances, and most markets have it. If there were no patents in place, than innovation would be halted. The bigger companies in existence would bully the small inventors and entrepeneurs out of the market and then who would keep the information open? No one. Patents are a good thing because not only do they expire, but they also force disclosure and public knowledge.

      So.. again, relax man. The world isn't as bad as you see it. Patents are a good thing, when they aren't abused or issued improperly.

      --
      Dacels Jewelers can't be trusted.
    2. Re:Until we dissolve the regimes we will be slaves by warmcat · · Score: 5, Insightful

      Wow, you really didn't understand what the parent was getting at.

      ''If there were no patents in place, than innovation would be halted''

      Without copyright, people would still write music and songs. And without patents, for other market-led reasons, people will still create and improve designs. Can you imagine that?

      ''The bigger companies in existence would bully the small inventors and entrepeneurs out of the market and then who would keep the information open?''

      This wins the ass-backward award for today. Did you read the story about what SCO are trying to do WITH patents? Don't you think that creating a $100+ Linux tax because they filed some obvious software tricks first is 'bullying smaller inventors' and keeping them 'out of the market' WITH patents?

      Please have a good old cogitate on the points in the original post, it deserves +5 insightful, you should re-examine your thoughts on the matter.

    3. Re:Until we dissolve the regimes we will be slaves by uradu · · Score: 2

      > my guess is that if SCO tries it IBM will fuck SCO.
      > It's called checks and balances

      Heh, the incidental convenience of having newly-Linux-converted 800-pound gorilla IBM around is a designed-in feature of the market. Hail to the providence of the forefathers of the free markets.

    4. Re:Until we dissolve the regimes we will be slaves by Ami+Ganguli · · Score: 2, Insightful
      Patents are a good thing, when they aren't abused or issued improperly.

      I've seen this asserted many times, but never heard any evidence. Why do you think patents are a good thing?

      Certainly there's a theoretical argument that patents encourage research, but research happened without patents as well. And even if you can show that patents do lead to more research, you have to show that this gain outweighs the cost of patents to society - we know that there are economic costs to monopolies. Are the theoretical benefits of patents so great that they outweigh the demonstrated costs of monopolies?

      Then, even if you can show that patents are a good thing in some areas, you need to show that they're generally good, not only for mechanical engineering, but also for chemistry, biology, medicine, computer software, and any other field to which you wish to apply them.

      Truth is, I've never heard any such arguement made. People who favour patents always act as if it's obvious that they must be a good thing.

      --
      It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail. - Abraham Maslow
    5. Re:Until we dissolve the regimes we will be slaves by the+gnat · · Score: 3, Informative

      Certainly there's a theoretical argument that patents encourage research

      They don't do much for research, but they do quite a bit for invention. If you take biotechnology, most of the basic research is done in academia. However, for the benefits of this research to reach consumers, someone has to go through the trouble of commercializing the results. Academics are paid simply to produce results, but companies need financial security. Thus, exclusivity on a product is given to promote bringing it to market in the first place. For the most part, this works well (at least in theory).

      The problem now is that patents aren't just being applied to actual inventions. Companies (and universities!) now expect to get patents for simple old research results regardless of whether there's actually a commercially viable product in there. In the old days (~1985), Leroy Hood and his coworkers- all academics- invented the DNA sequencer, among other things. This was considered very risky research to be doing at a university back then. They immediately patented it, and Applied Biosystems has been selling them like crazy ever since. It's exactly how the system should work. Now, however, professors isolate some gene and immediately patent it. There's no beneficial product involved; they simply control all future research done with it. Hence Myriad Genetics and its BRCA1 patent. I imagine quite a few biotechs will never actually produce anything useful but will leech off others purely by litigation of their bullshit patents. That's legal, but it's not how the system is *supposed* to work.

      (A former coworker is now working on a project that's of direct interest to us- we're both academic researchers. For reasons I can't begin to comprehend, his university is patenting the method, which is simply an algorithm. He's been a real asshole about this, and our response has pretty much been to ignore him. We're not going to reward that sort of crap, and frankly we think we can do a better job. FUCK his patent.)

    6. Re:Until we dissolve the regimes we will be slaves by mickwd · · Score: 2

      "If there were no patents in place, than innovation would be halted."

      Yeah, because as we all know, absolutely nothing at all, no sirree, was ever invented before we had patents....... The very word "innovation" cannot have existed before then, since it had no meaning.

      Come to think of it, how was the idea of patents ever invented in the first place ?

      Hmmmm, does this in turn prove that the idea of patents cannot, by definition, be a useful innovation ?

    7. Re:Until we dissolve the regimes we will be slaves by Xerithane · · Score: 2

      This wins the ass-backward award for today. Did you read the story about what SCO are trying to do WITH patents? Don't you think that creating a $100+ Linux tax because they filed some obvious software tricks first is 'bullying smaller inventors' and keeping them 'out of the market' WITH patents?

      Apparently you failed to see what I was saying with "Abuse". Say it with me here, Patents that are abused are bad. Patents that are not abused are good. It's not a hard concept here.

      There is a good reason why the patent system is in existence. Obliterating the patent system will not have a positive result. Go take some economics and business ethics courses and you will understand. Little guys need protection, and the patent office gives them that.

      Please have a good old cogitate on the points in the original post, it deserves +5 insightful, you should re-examine your thoughts on the
      matter.

      The original post should be locked away, never to see the light of day. It was absolutely stupid, assinine, and paranoid.

      --
      Dacels Jewelers can't be trusted.
    8. Re:Until we dissolve the regimes we will be slaves by smallfries · · Score: 5, Insightful

      Little guys need protection, and the patent office gives them that.

      OK, so from your comments I assume that you've done an economics or maybe business ethics course. Nice. Well done. Now go and look at the real world.

      Patent protection doesn't give the little guy squat.

      Any larger company will be able to find a ton of patents that the smaller guy has infringed, and will offer to 'waive' them in exchange for free licensing rights to the little guys invention.

      You can hide your head in the sand as much as you want but this is how the system works. As the original poster put it; little kids in the playground screaming 'but I thought of that first, you can't use it'.

      --
      Slashdot: where don knuth is an idiot because he cant grasp the awesome power of php
    9. Re:Until we dissolve the regimes we will be slaves by ajs · · Score: 2

      Quoted in parent: It almost certainly is not copyrights. Linux was written from scratch by Linus Torvalds and released under the GNU GPL. Any and all code submitted to the kernel is likewise GPLed, so if SCO submitted code, they did so under the terms of the GPL. This is where the GPL really shines ... it innoculates against entities such as SCO submarining code into the OS and then making copyright claims down the road.

      Notice that what you're quoting is about copyright

      Parent: Sorry to inform you, but if any developer writes code that violates SCOs patents it doesn't matter if it is GPLd or not. The patent encumbrance clause of the GPL states that if there is a patent dispute than distribution is forbidden.

      Ok, now... notice that you're responding about patents.

      Quoted: In any event, if the rest of the world ever wants to throw off the yoke of the American Hegemony,

      Ooook, it's time to go back on the meds and take off the tinfoil hat. There is no American Hegemony. [... comments about China stripped ...]

      Ad hominem attacks aren't really very productive, and in this case you again missed (ignored?) the point. The United States sets precident for most of the world's treaties on international patent and trademark law. Thus, it's perfectly reasonable to attack the US when speaking of the utter mess that such treaties have created. China is, in fact, making rather grand (if, as yet, unsuccesful) efforts to move toward compliance with those treaties in order to gain an equal footing with the west in international trade.

    10. Re:Until we dissolve the regimes we will be slaves by Xerithane · · Score: 2

      I've seen this asserted many times, but never heard any evidence. Why do you think patents are a good thing?

      Have you ever filed a patent, or been involved in patents in anyway? My guess is no, because if you had, you would understand and appreciate their merits.

      I have a good idea, lets call it Flubberglitzen. It's something revolutionary and consists of 15 microsystems that will work together and be a complete networking solution, operating system, and extends computing to a whole new level. I patent all 15 pieces of it, and I grant royalty-free development for open projects that follow my guidelines.

      Patent Good.

      Lets say I'm more commercially minded, and I make developers pay $100 for the right to develop addonds to Flubberglitzen. I sell Flubberglitzen, and get paid developer royalties.

      Patent still Good.

      Lets say I'm just your typical Information Wants to Be Free zealot, and I don't patent it but I then release it to a news group. Then, a big corporation takes the concept (not the source or anything) and files their own patents slightly different to show their innovation that's piggy backed and now Flubberglitzen becomes corporate controlled and I would have to hire my own patent lawyer to not only prove prior art, but prove that my system was the inspiration for theirs. Since everything is free in my life, I can't afford a good lawyer and I get crushed by said corporation.

      Patent bad.

      Patents are a necessary part to prevent human greed from overpowering ethics. Given the chance,
      people will screw over other people. Patents make it a little bit more difficult.

      --
      Dacels Jewelers can't be trusted.
    11. Re:Until we dissolve the regimes we will be slaves by Xerithane · · Score: 2

      Yeah, because as we all know, absolutely nothing at all, no sirree, was ever invented before we had patents....... The very word "innovation" cannot have existed before then, since it had no meaning.

      The difference is you know what wasn't around before the patent system? Huge corporations bent on greed and stock price. This is why patents are necessary.

      --
      Dacels Jewelers can't be trusted.
    12. Re:Until we dissolve the regimes we will be slaves by Xerithane · · Score: 3, Interesting

      Notice that what you're quoting is about copyright
      Copyright dealing [incorrectly] with patent royalties. He was saying that if SCO submitted patented code to a GPLd project than SCO loses the rights to enforce that patent. That is wrong. In his words, he seems to be under the impression that SCO is trying to exert copyright infringement claims. In which case it's also wrong. So no matter what his point was, he was wrong.

      Ad hominem attacks aren't really very productive, and in this case you again missed (ignored?) the point. The United States sets precident for most of the world's treaties on international patent and trademark law. Thus, it's perfectly reasonable to attack the US when speaking of the utter mess that such treaties have created. China is, in fact, making rather grand (if, as yet, unsuccesful) efforts to move toward compliance with those treaties in order to gain an equal footing with the west in international trade.

      His point was absolutely ludicrious, and was hard to respond with any degree of respect towards him. What a lot of people fail to understand is that the US is not the center of the patent treaties. The patent system in the US needs reformed, but in a lot of countries it's improved upon. The treaties are trying to unify global commerce by allowing patents in one country to be valid (enforcable) in another. This has nothing to do with the United States at all.

      What mess has the treaties caused? It's bringing a global standard together. Why is that a bad thing? It means that the US will have access to the patents of other countries for research and ideas. It's as if you people think that if something is patented it's some big secret that you can't even talk about. You can view and discuss, and educate yourself on existing patents. In order for China to fully be recognized in the various pacts, they will have to fix their copyright issues first.

      Attacking the United States for working with treaties for working towards global unification of the patent system is pointless, irrelevant, and misguided. The United States is not alone, and when dealing with the other countries carries no more weight than any of them. The difference is the US has more experience than the other countries. The US has more patents, and typically a longer running history of a patent office.

      Again, the reason why the US leads with precedents is because of experience, not because we have a gun to every other countries head saying "Conform to our standards or we shoot you." That's all there is, people who find a conspiracy for the favor of big business in international patent and trademark treaties have no understanding of business or patent law at all.

      --
      Dacels Jewelers can't be trusted.
    13. Re:Until we dissolve the regimes we will be slaves by 5KVGhost · · Score: 2

      Without copyright, people would still write music and songs. And without patents, for other market-led reasons, people will still create and improve designs. Can you imagine that?

      I don't think any of us have trouble imagining that. You, however, appear to misunderstand the proper purpose of the patent system, as stated in the sentence before the one you chose to quote.

      As has already been explained about eight billion times already, a patent requires that the patent holder make their information public. They have to explain exactly what they do and how they do it, and anyone in the world with the proper knowledge can see the document and understand what's going on.

      In return for giving up this otherwise proprietary knowledge, the company is granted a temporary monopoly on whatever it is they've patented. This gives them a chance to make some money off their invention, which seems only fair since they're telling us how to do it, too. Once this time is up, anyone can make use of the same techniques.

      The inventor benefits because they get recognition for their work. The company benefits because they have a head start on the competition. The industry benefits because the pool of knowledge is increased for everyone. And the general public benefits not only from this same knowledge (you can look at patents too, remember) but also because of the useful things that are created based on that knowledge. That's why patents are a good thing.

      Without copyright, people would still write music and songs. And without patents, for other market-led reasons, people will still create and improve designs. Can you imagine that?

      This wins the ass-backward award for today. Did you read the story about what SCO are trying to do WITH patents? Don't you think that creating a $100+ Linux tax because they filed some obvious software tricks first is 'bullying smaller inventors' and keeping them 'out of the market' WITH patents?

      Patents are a tool. Like any tool they can be used for both good and bad purposes. If you have incompentent and overwhelmed people in the Patent Office then you're likely to get bad patents. But the answer is to fix the problem, not ignore it because it's difficult.

    14. Re:Until we dissolve the regimes we will be slaves by DaytonCIM · · Score: 2

      The US (and Americans) like to think they are much more important and far reaching than they are.

      Precisely what gets America in trouble and why 3/4 of the world hates us.

      IBM strongly suggested SCO shouldn't do this, and my guess is that if SCO tries it IBM will fuck SCO.

      SCO management has admitted that they are in financial trouble. And this is quite possibly one way to lift SCO out of potential bankruptcy. I'm not sure IBM's threat would keep SCO from trying to collect; especially if collecting is what is keeping SCO alive.

    15. Re:Until we dissolve the regimes we will be slaves by Xerithane · · Score: 2
      He said no such thing. The comment to which you responded was itself a response to someone asking whether this was a copyright or patent issue, and the section to which you object was laying out the reasons why the claim would be related to patents, not copyright.

      Welcome to Being Wrong 101.

      Original Post:
      What intellectual property does SCO claim to own? Are these patents, or copyrights, and over what code or protocols?


      Response:
      It almost certainly is not copyrights. Linux was written from scratch by Linus Torvalds and released under the GNU GPL. Any and all code submitted to the kernel is likewise GPLed, so if SCO submitted code, they did so under the terms of the GPL. This is where the GPL really shines ... it innoculates against entities such as SCO submarining code into the OS and then making copyright claims down the road.


      I didn't say anything about it being involved with copyrights. I was objecting to his reasoning as to why it wouldn't be encumbered by a patent.

      What I was saying is his understanding of the patent system is flawed. It doesn't matter who submits it, and under what license, it is still a patent and it is still enforcable if you choose to distribute it. SCO can submit code, it can be accepted. It's up to the software maintainer to work out an agreement.

      Since the rest of his comment was too long to quote, I brought in the only part that wasn't filled with a bunch of paranoia and other absolute drivel. Such as this:
      What they own are almost certainly software patents, likely patents written from looking at the source code written and developed by others, and granted rubber-stamp style from the notoriously irresponsible US Patent and Trademark Office (USPTO). As others have said, such are the equivelent of 'nuclear weapons' for IT, and if SCO were to do such a foolish thing (as a consiquence of their own stupidity, or shilling for Microsoft), the end result will be no GNU/Linux in the United States (the only country stupid enough to recognize such patents), and a United States with an IT industry that would be irrelevant not within the generous twenty years Alan Cox suggests, but within a scant 5 years at best.


      Here, he proves he has no idea of what the patent in question is about (System V init) nor does he have any grasp for how patent law is actually applied. He has no idea about the patent encumbrance portion of the GPL either, or else he would have quoted that. He has no idea about how the patent system or prior art works, otherwise he wouldn't have said what he did.

      His post was largely FUD, worthly of a Microsoft representative. If it was less paranoid, I'd worry about more people believing it.
      --
      Dacels Jewelers can't be trusted.
    16. Re:Until we dissolve the regimes we will be slaves by warmcat · · Score: 2

      Well, happily straightening your opinions out isn't my problem.

      However, again with the ass-backwardness:

      ''Without patents, the big companies will fuck you''

      Hello?!?! I refer the honourable gentleman to the story these comments are posted under.

      ''The original post should be locked away, never to see the light of day. It was absolutely stupid, assinine, and paranoid''

      Something about the 'post...locked away' (presumably in case people might agree with it) makes me assume you are or have been a beneficiary of the Patent system. That's fine for you and of course that colours your opinion of the system. But 99.999% of people will never own a patent, instead they suffer the results of the non-competitive market the patent system encourages. The original poster on this thread was considering their/our point of view, as a mental exercise you should give it a try.

      That's all the time I have for you, I'm off to bed.

    17. Re:Until we dissolve the regimes we will be slaves by Xerithane · · Score: 2

      SCO management has admitted that they are in financial trouble. And this is quite possibly one way to lift SCO out of potential bankruptcy. I'm not sure IBM's threat would keep SCO from trying to collect; especially if collecting is what is keeping SCO alive.

      Desperate people/companies do desperate things. IBM could bankrupt SCO without noticing. If it's in IBMs best interest to do so, they will. Linux now has a pet 800lbs gorilla. Gotta watch them.

      --
      Dacels Jewelers can't be trusted.
    18. Re:Until we dissolve the regimes we will be slaves by Xerithane · · Score: 2

      Hello?!?! I refer the honourable gentleman to the story these comments are posted under.

      SCO isn't a big company. SCO is on the verge of bankruptcy. It's like an animal that gnaws off a limb to save itself from a trap, only to bleed itself to death.

      Something about the 'post...locked away' (presumably in case people might agree with it) makes me assume you are or have been a beneficiary of the Patent system.
      No, currently I have never received any sort of payment except for working for companies that do patent their research.

      That's fine for you and of course that colours your opinion of the system.

      Economics and real world experience give me my opinion of the system. The reform of the patent system lies within the grant process, not the enforcement. Enforcement has it's own checks and balances.

      But 99.999% of people will never own a patent, instead they suffer the results of the non-competitive market the patent system encourages.
      The non-competitive market? Patents encourage competition, but they give the inventor a head start on that competition. They also spur fair play, if you want to use an invention, you pay royalties if applicable.

      The original poster on this thread was considering their/our point of view, as a mental exercise you should give it a try.

      The original poster asked if it was a copyright or patent issue. The response I was responding to said it's patent, then spouted off a lot of incorrect things about patent law. Then lambasted the US for having a patent system.

      --
      Dacels Jewelers can't be trusted.
    19. Re:Until we dissolve the regimes we will be slaves by platypus · · Score: 2

      Lets say I'm just your typical Information Wants to Be Free zealot, and I don't patent it but I then release it to a news group. Then, a big corporation takes the concept (not the source or anything) and files their own patents slightly different to show their innovation that's piggy backed [...]

      Patent bad.


      You forgot to mention that "big corporation" could do exactly the same even if you had patented Flubberlitzen beforehand. This is a known strategy in patent land, called "surrounding patents", see for instance this article (found on a random google search):

      Conversely, patenting can also serve as your sword. If you are competing against a rival technology, you might review your competitor's patents for ways to improve the basic technology. If this can be done, then you might be able to file supplementary patents surrounding your competitor's basic invention. Such surrounding patents would require the competitor to come to you for a license to practice improvements to his or her own invention. Your tactical advantage can then be traded for a reciprocal right to practice the competitor's invention, thus providing you access to a market that you might otherwise not be able to serve.

      Not that I'm against the idea of patents, but I don't think patents do serve very well in protecting the small guy - at least not in their current state - and yes, I know "small guys" owning a patent, and they openly admit that they mostly are good for marketing reasons, not for collecting royalties.

    20. Re:Until we dissolve the regimes we will be slaves by Daniel+Phillips · · Score: 2

      You know what? People won't produce under your system - they have no rights to the product of their own efforts.

      That's absolute rubbish. By your logic, Linux does not exist, nor does Apache, nor do Free/Net/OpenBSD. Etc.

      --
      Have you got your LWN subscription yet?
    21. Re:Until we dissolve the regimes we will be slaves by DaytonCIM · · Score: 2

      Sad, but true. SCO's situation: 1) bankrupt due to lack of sales or 2) bankrupt due to 800lb gorilla crushing them? Man, I'm glad I'm not SCO's CEO. What a choice to make.

      If they were really creative they could just fudge the accounting numbers like Enron and stay a float another couple years... :)

    22. Re:Until we dissolve the regimes we will be slaves by DunbarTheInept · · Score: 2


      Little guys need protection, and the patent office gives them that.

      In theory, yes.

      In practice, no.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    23. Re:Until we dissolve the regimes we will be slaves by jedidiah · · Score: 2

      Meanwhile, "illegal" drugs are actively suppressed due to similar interests. Many potentially useful substances are simply ignored due to the fact that they couldn't be patented.

      The sword swings both ways on this one.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    24. Re:Until we dissolve the regimes we will be slaves by DunbarTheInept · · Score: 2

      News flash: Without patents, the big companies will fuck you. End of story. Nothing you can do about it, you don't have the money to stop them.

      News Flash: This is already true. There was no need to phrase your statement in the future tense. With the CURRENT patent system in place this already happens. You claim this is *abuse* of patents rather than *use* of patents, as if there was some mystical difference. As far as the courts care, there isn't any difference between using a law in the way it was intended versus using a law counter to the way it was intended.
      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    25. Re:Until we dissolve the regimes we will be slaves by Xerithane · · Score: 2

      You forgot to mention that "big corporation" could do exactly the same even if you had patented Flubberlitzen beforehand. This is a known strategy in patent land, called "surrounding patents", see for instance this article (found on a random google search) [umkc.edu]:

      Yes, they can, but it's harder and if you have the money to develop and patent, you at least have a strong chance of making them play nice. Much more so than if there were no patents.

      Not that I'm against the idea of patents, but I don't think patents do serve very well in protecting the small guy - at least not in their current state - and yes, I know "small guys" owning a patent, and they openly admit that they mostly are good for marketing reasons, not for collecting royalties.

      The patent system definitely needs to be reformed, but the reformation should be/needs to be focused on the grant process. Piggybacking pattents should not be allowed, for instance. They are mostly for marketing reasons, but it is a good step of defense for the little guys. Not so much for royalties, but for the defense against getting squashed.

      --
      Dacels Jewelers can't be trusted.
    26. Re:Until we dissolve the regimes we will be slaves by Xerithane · · Score: 2

      News Flash: This is already true. There was no need to phrase your statement in the future tense. With the CURRENT patent system in place this already happens. You claim this is *abuse* of patents rather than *use* of patents, as if there was some mystical difference. As far as the courts care, there isn't any difference between using a law in the way it was intended versus using a law counter to the way it was intended.

      In all honesty, when I saw your name pop up I figured it was going to dredge into another irritating thread. I'm glad that it doesn't seem to start that way.

      I do agree, that the big companies can (and sometimes do) fuck the little guys. The abuse and use of patents is not a big difference, but it is there. If you have a patent, and form a strategic partnership with a gorilla (Little Guy getting help from Big Company) than you have better chances.

      As far as the courts care, there isn't any difference between using a law in the way it was intended versus using a law counter to the way it was intended.

      Again, I agree. However, it also does work for the little guys as well. It's harder, and costs more (little guys don't have as much for defense) but there are more layers of protection with patents in existence than without.

      I suppose what I'm saying is more accurate as, "Without patents, big companies will fuck you easier." Makes more sense to me that way...

      --
      Dacels Jewelers can't be trusted.
    27. Re:Until we dissolve the regimes we will be slaves by Ryan+Amos · · Score: 2

      Actually, no they wouldn't. Why would a company sink millions (or billions) into R&D if they didn't have exclusive rights to sell it (and thus make their money back) If IBM blows $10 million developing some new fab process, and everyone on the market has it 3 months later and IBM hasn't made a dime off it, there's little incentive to improve things. Everyone else will just wait for someone else to do it.

      Patents are reward for innovation, and generally a good idea. It's just that our current patent system is awful. The idea is good, but the implementation is horrible and antiquated.

    28. Re:Until we dissolve the regimes we will be slaves by Xerithane · · Score: 3, Interesting

      Have you ever read a filed patent? They are deliberately worded to cover as much as they possibly can. Just take the BT 'hyperlink' patent.

      Uhm, yes, they are. And you can read that information and learn all about it. Nothing is stopping you, so what was your point?

      In a world where the physical costs of creation are zero (eg computer software) they don't work. In a world where I can independently come up with an invention, prove it works and pass it around for free on the internet, why should I blocked by a large corporation that A) thought of it first and B) has the money to hire a legal firm. As I pointed out ealier, kids in the playground screaming 'but I thought of it *first*'. So what? Why does that mean that I can't use an idea that I have?

      There are physical costs of creation. A lot of inventions that are patented cost less to create than your average economic computer. If you don't patent the idea, than you have to prove it's prior art if someone patents it. If they sue you for it, it shouldn't be hard to win. If you did pass it around and everybody knows. This again, goes into the reform of the acceptance process not the enforcement process.

      As for your attorney, why don't you ask him about it. I'm sure he would say that there is ample protection for the little guys who file patents. If there wasn't, than the patent system wouldn't work and there would be a revolt of all the inventors that do use it. Sorry to tell you this, but a very large number of small inventors use the patent system to their advantage.

      Well, in software, the idea is the implementation (at least if you can write it down...). Copyright already covers program listings, adding patent protection is just bad for the industry. So go on, name a single beneficial software patent. Just one.

      I already did, and in your ignorance you ignored it. The benefit is that if you patent it, other people cannot shit all over you as easily.

      You keep bringing up this absolutely idiotic playground analogy. Do you realize that makes you sound not only completely uneducated but uninformed as to how patent law actually works? Go talk to your patent buddy on that one too, say, "Aren't patents just like children in a playground screaming I thought of it first?" He'll probably tell you that you are an idiot, or at least think it. Patents are for giving inventors a head start on the competition. End of story. Unfortunately the abuse of the acceptance system has caused a lot of damage.

      I for one rest easy knowing I can patent my software ideas, because if someone violates my patent and tries to sue it I can actually secure VC just for the lawsuit alone if I can prove that they infringed in my patent and are trying to bully me out of business. I can make more money in the lawsuits. Again, patents can help the little guy but only if the little guy is smart enough to use it to their advantage.

      Laws are designed for a purpose, and always have loop holes. Use both for your advantage and you win.

      --
      Dacels Jewelers can't be trusted.
    29. Re:Until we dissolve the regimes we will be slaves by Nugget · · Score: 2

      But 99.999% of people will never own a patent...

      I see no real problem here, since 99.999% of people will never have a genuinely novel or useful idea that's deserving of patent protection.

    30. Re:Until we dissolve the regimes we will be slaves by Ironica · · Score: 2

      That is the idiots approach to patents.

      And the US uses the idiot's approach.

      That's the problem... we'd be better off with nothing than the leveraged system we have now. If you can come up with something better, spit it out.

      --
      Don't you wish your girlfriend was a geek like me?
    31. Re:Until we dissolve the regimes we will be slaves by Ironica · · Score: 2

      Yes, they can, but it's harder and if you have the money to develop and patent, you at least have a strong chance of making them play nice. Much more so than if there were no patents.
      -- emphasis added

      See, that's the problem right there. Yes, in theory, patents give everyone the same ground to stand on... but as it turns out, it takes money (and other resources) to correctly file defensible patents, no matter how good your idea is.

      That's why it's so much more common for big guys to screw little guys over with patents than for little guys to protect their ideas. The system is basically imbalanced because of the expense and complexity of getting a patent.

      If the USPTO charged a static fee for every patent application, then charged a small tax on royalties from enforced patents, and undertook all prior art search and enforcement activities, then it might be fair... but it would also be semi-socialistic, and therefore would scare the market-driven capitalists who the current system works well for.

      --
      Don't you wish your girlfriend was a geek like me?
    32. Re:Until we dissolve the regimes we will be slaves by Ironica · · Score: 2

      "The difference is you know what wasn't around before the patent system? Huge corporations bent on greed and stock price. This is why patents are necessary."

      Then why did we come up with patents, if their raison d'être came into being after they did?

      Or, could it be that patents are part of the structure that brought us to this point, where our economy, our politics, and our technology are driven by megacorporations?

      --
      Don't you wish your girlfriend was a geek like me?
    33. Re:Until we dissolve the regimes we will be slaves by Xerithane · · Score: 2

      See, that's the problem right there. Yes, in theory, patents give everyone the same ground to stand on... but as it turns out, it takes money (and other resources) to correctly file defensible patents, no matter how good your idea is.


      Again, you are proving you have no knowledge of patents, and the way of filing a patent. If you have the money to design something, you find the money to file a patent and defend it. There are investors that do exactly this. If your idea is that good, you will find them with no problem. If you choose to defend it yourself, you are getting what you ask for.

      If the USPTO charged a static fee for every patent application, then charged a small tax on royalties from enforced patents, and undertook all prior art search and enforcement activities, then it might be fair... but it would also be semi-socialistic, and therefore would scare the market-driven capitalists who the current system works well for.

      There is a patent fee. Small tax on royalties from enforced patents? That just doesn't make sense. Selectively enforced patents, or exclusively licensed patents, or group licensed patents? How do you manage that? What if it's a trade based royalty? Here's a newsflash, capitalism works, and in case you forgot Paul Allen, Steve Jobs, Woz, Ellison and a lot others got to where they are at for their innovation and the patent system.

      The patent system works for capitalism, because that's what it's designed to work with. If you don't like capitlism, move out of the US and join an autocratic commune somewhere.

      --
      Dacels Jewelers can't be trusted.
    34. Re:Until we dissolve the regimes we will be slaves by Xerithane · · Score: 2

      Then why did we come up with patents, if their raison d'être came into being after they did?

      Patents were created as a way to protect the inventor from being squashed by people with more money and more means to push them out of business.

      Or, could it be that patents are part of the structure that brought us to this point, where our economy, our politics, and our technology are driven by megacorporations?

      I think it's more likely that you are an absolute idiot, with no knowledge of real world business or patents, and continue to speak about their negative impact on the world without one iota of a clue as to how it really works.

      --
      Dacels Jewelers can't be trusted.
    35. Re:Until we dissolve the regimes we will be slaves by Xerithane · · Score: 2

      Please someone mod this up, it's very valid.

      Now, there is another way that an innovator can afford to innovate without patent protection... and that's to keep their work secret. This is the old guild method. We've ditched this because we've realized that open patent filings, while not perfect, allow for things like peer review, and guards against catastrophic failure of knowledge (i.e. the only guy who knows how it works gets hit by a bus).


      Patent Point #1.

      Don't confuse problems with the implementation of the patent system with problems inherent in the patent system. Patents weren't intended to protect ideas of problems to be overcome, but instead to protect specific implementations of those solutions. To say it another way, some of the original patents covered things like the design of certain stoves; many modern software patents are like the idea of patenting all devices to be used in heating the house.

      Patent problem, but it is not a problem with the patent system but in the acceptance and grant process. This is the portion of the patent system that needs to be reorganized. The problem is not within patents, and holding patents, the problem is incorrect things being granted patent status.

      Excellent work, AC. I wish you hadn't posted AC.. you'd be on my friends list instantly.

      --
      Dacels Jewelers can't be trusted.
    36. Re:Until we dissolve the regimes we will be slaves by Ironica · · Score: 2

      "If you have the money to design something,"

      Last time I checked, innovation was a function of brains, not money. But, that is the problem with this system, isn't it?

      "you find the money to file a patent and defend it. There are investors that do exactly this. If your idea is that good, you will find them with no problem."

      If your idea *and your presentation of it* are that good, yes. If you're just a "little guy" who has a great idea but no experience or training in pitching an idea, and not very many social resources (i.e. friends with that experience), you're going to at best get politely listened to and then shoved out the door, and at worst, your idea stolen from someone who knows how the system works and recognizes your naivete.

      "Here's a newsflash, capitalism works,"

      That is a very subjective statement. Works... for big guys. Not for little guys. The US is the most wealthy nation in the world, with the largest proportion in poverty of any industrialized nation. If that's how you define something "working," then capitalism works great.

      "If you don't like capitlism, move out of the US and join an autocratic commune somewhere."

      Actually, I'd rather exercise my constitutional right as an American Citizen to vote and work to change the system. After all, the framers expected that things wouldn't stay the same forever. That's why we have the flexibility to change.

      The US is still the Great Experiment. Presentation of conclusions on this experiment is premature.

      (I'm noticing a pattern here... you can't seem to actually cope with my arguments, so you resort to telling me I don't have a right to speak on the subject or hold certain political views in this country.)

      --
      Don't you wish your girlfriend was a geek like me?
    37. Re:Until we dissolve the regimes we will be slaves by Ironica · · Score: 2

      How does it really work, then? How does it protect the little guy from being squashed? Explain it to me like I'm five. (Come on, give in; you know you want to anyway.)

      I detect a distinct note of desperate defensiveness in your replies to me. You can't attack the post, so you attack the poster. Obviously, you know *so* much more about the subject, that you can't even articulate it.

      --
      Don't you wish your girlfriend was a geek like me?
    38. Re:Until we dissolve the regimes we will be slaves by Xerithane · · Score: 2

      Last time I checked, innovation was a function of brains, not money. But, that is the problem with this system, isn't it?

      Sure, some innovations are free, but most aren't. Glad to see you are that out of touch with reality. I was beginning to think maybe you were really just that much of a Everything-should-be-free zealot, now I realize you really are just an idiot.

      I'm noticing a pattern here... you can't seem to actually cope with my arguments, so you resort to telling me I don't have a right to speak on the subject or hold certain political views in this country.)

      Here's another pattern: You constantly say that the patent system is broken without providing any real information as to any damage that has become of it? Unisys? Don't think so, look at all the gifs. SCO? Sure... Patents do more good than harm, you are just too fucking dense to understand that. You don't have an argument. That's what you don't understand. If you do it is so poorly constructed and based in some mythical land where patents eat small children and worship Satan that it is indiscernable from anything worth combatting.

      That is a very subjective statement. Works... for big guys. Not for little guys. The US is the most wealthy nation in the world, with the largest proportion in poverty of any industrialized nation. If that's how you define something "working," then capitalism works great.

      Yes, and almost everyone on the top 10 wealthiest american list started out as a little guy. So what's your point? Oh right, you are completely delusional and wrong.

      I've yet to come across someone (even on slashdot) that is so adamantly opposed to something that they have no clue about. You really ought to go pick up a text book. It's been fun trying to educate you, but I'm going to go get a pet rock as it provides more entertainment and listens better.

      --
      Dacels Jewelers can't be trusted.
    39. Re:Until we dissolve the regimes we will be slaves by Xerithane · · Score: 2

      I detect a distinct note of desperate defensiveness in your replies to me.

      No shit? You are an idiot. Of course I dislike you.

      You can't attack the post, so you attack the poster.

      I did attack the post, dipshit. Go learn to read.

      Obviously, you know *so* much more about the subject, that you can't even articulate it.

      A rock knows more about this subject than you, how is that different? I'm articulating, you aren't reading.

      Here's how it works, for a 5 year old:
      Patents are not designed to make people rich, they are designed to give fair competition and the inventor a head start into market as they choose. Without patents, information would fall under the old guilde style where information is hidden and kept a secret. There would be strict laws about trade secrets and reverse engineering. The little guys wouldn't have the chance to enter the market, because they wouldn't ever have the opportunity to know what makes it tick. Patents expire after a period of time, so even the little guys can spend their years waiting for the patent to expire to come up with a truly innovative design on top of an existing patent. If a little guy comes up with a great idea, the best idea is to patent that idea so that no one (whether a big company or another inventor) can steal his idea and patent it as their own. If this happens, the little guy loses out. He can't market his idea, or even give it away for free. So, the little guy patents his idea and now some big companies want to crush him. But it's ok! He can work out royalty based uses with the company, and also get venture capitol or loans using his patents as equity that will easily pay for any dispute lawsuits and allow him to properly collect royalties or bring it to market under his own name.

      It's not hard, people do it all the time.

      Now, if you don't understand that, you are beyond any hope. The only thing you have said is "Patents are bad for little guys because I say so and anything you say I'm going to answer with Patents are bad for the little guys because I say so and anything you say I'm going to answer with..."

      Lets break this cycle. Open your mind. Patents are good otherwise enterpreneurs would change the system. It has flaws, and no one says it doesn't. However your claims that we should not have patents is like saying "Well, there are car accidents so we better just ban cars."

      --
      Dacels Jewelers can't be trusted.
    40. Re:Until we dissolve the regimes we will be slaves by Ironica · · Score: 2
      I detect a distinct note of desperate defensiveness in your replies to me.

      No shit? You are an idiot. Of course I dislike you.

      You can't attack the post, so you attack the poster.

      I did attack the post, dipshit. Go learn to read.

      First of all, no, desperate defensiveness has nothing to do with how you personally feel towards me. It has to to with how threatened you feel about your favorite subject of the day.

      Second of all, here you do it again: idiot, dipshit, go learn to read... all blatant personal attacks. Since your very first response to me, that's been your tactic. Very articulate and mature.

      Your summary of how patent law is designed to work jibes quite well with what I was taught in 12th grade Government class. I'm sure that's generally what was intended by it, too. But, let's look at it a little more:

      "So, the little guy patents his idea and now some big companies want to crush him. But it's ok! He can work out royalty based uses with the company,"

      Can you throw out a few examples of this sort of thing that "happens all the time?" On Findlaw I see nothing but a bunch of companies suing a bunch of other companies, such as:

      Overture Services (formerly GoTo.com) v. Google, Inc. (both decent-sized guys)

      Amgen vs. Transkaryotic Therapies Inc. (TTI is, the article claims, "a tiny biotech company")

      Dr. Reddy's Laboratories vs. Pfizer (Dr. Reddy's is India's leading pharmaceuticals company)

      Bristol-Meyers pays $670M in violations for abusing patents (Sued by 29 states and Puerto Rico... not a little guy)

      British Telecom v. Prodigy Internet (a behemoth company sues a large company on patent infringement and wins)

      FTC May Block Unocal on Patents (The biggest guy of them all threatens to prevent a big guy from squishing smaller guys)

      EntreMed Licenses Thalidomide Programs to Celgene (Two medium-sized companies decide to license to each other and drop patent lawsuits... this comes close to what you described above)

      Amazon.com v. Barnes & Noble (the two biggest names in bookselling... Amazon is slightly smaller, but no little guy)

      And that's all from the first page stories that come up on a search of "patent" (and actually have to do with patent enforcement, rather than just mentioning patents in passing). Not really seeing patent law working the way you're talking about, by and large. Maybe you can point me to some better examples.

      Note that this isn't a Google search or something... Findlaw tends to be a little more esoteric in what it lists. So it seems likely that if any little guys had sued any big guys and won lately, it would show up here.
      --
      Don't you wish your girlfriend was a geek like me?
    41. Re:Until we dissolve the regimes we will be slaves by Ami+Ganguli · · Score: 2

      I have actually been involved in patent filings - that's part of why my impression of the patent system is so poor.

      In the cases I was involved with, the "inventions" were side effects of product development that would have happened anyway. In fact, the patent filing was an afterthought. No research was done specifically for the patent.

      Your arguments seem to focus on the benefits for the individual. I have no doubt that people who get lots of patents have the potential to benefit from them. But it doesn't follow that patents are better for society.

      Companies still need to sell products, and in a competitive environment that means there will still be research and innovation. What I'm saying is that I haven't seen any evidence, or even a plausible argument, that there is significantly more research because of the patent system than there would be otherwise.

      --
      It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail. - Abraham Maslow
    42. Re:Until we dissolve the regimes we will be slaves by Ami+Ganguli · · Score: 2

      There would be a demand for the drugs regardless of whether or not there is a patent system. So at least some drugs would be developed.

      The question really is, what proportion of drugs would never find funding without the patent system. Then you weigh that against different alternatives to funding the research.

      In the case of drugs the obvious funder would be government. After all, everybody benefits from new drugs (or should benefit - patents make that difficult), it makes sense for the cost to be spread out.

      Before you make the argument that governments don't have the money for that kind of research, remember that in many countries - most western countries I think - health care is heavily subsidized. So the government would save money on cheaper drugs.

      --
      It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail. - Abraham Maslow
    43. Re:Until we dissolve the regimes we will be slaves by ajs · · Score: 2

      It's just amazing. You've quoted that twice now, and you seem to keep mis-reading it. He first tackles the issue of copyright. He explains why copyright would not be their claim, based on the GPL and the original effort.

      This has nothing to do with patents at the point in the original post that you are quoting.

      The original post is moving one logical step at a time, and you're jumping ahead to the patent issue. Stop. Breath. Relax. It's ok to discuss multiple topics in one post.

    44. Re:Until we dissolve the regimes we will be slaves by Xerithane · · Score: 2

      And that's why all the big companies own the patents?

      Sorry, I refuse to speak to someone who is this clueless.

      --
      Dacels Jewelers can't be trusted.
    45. Re:Until we dissolve the regimes we will be slaves by Xerithane · · Score: 2

      First of all, no, desperate defensiveness has nothing to do with how you personally feel towards me. It has to to with how threatened you feel about your favorite subject of the day.

      See, this is where you fail because you don't know me. It's not desperate defensiveness, it's called blunt display of sentiment towards others. I dislike you. If I met you in person, I would most likely dislike you. I wouldn't hide that. I tell people I dislike them, and why I dislike them. It has nothing to do with what you say or the debate at hand, it has to deal with me not liking you.

      This is because I dislike you. End of story. I find no reason to be courteous to you because there is no point for me to do so.

      Second of all, here you do it again: idiot, dipshit, go learn to read... all blatant personal attacks. Since your very first response to me, that's been your tactic. Very articulate and mature.

      Well, you completely ignore anything that I say (except what I say about you, so I guess you can read you just choose not to most of the time). You can call me immature if you want, I really don't care. I still think you are an idiot.

      Note that this isn't a Google search or something... Findlaw tends to be a little more esoteric in what it lists. So it seems likely that if any little guys had sued any big guys and won lately, it would show up here.

      Little guys don't sue big companies. Little guys collect royalties from big companies. Little guys who sue big companies usually are backed by VCs and are no longer little guys. See, you missed that. You cannot read, and you argue purely for the sake of trying to prove the patent system is useless. The only people who think the patent system should go away are the people who don't have a clue about it in the real world.

      Again, you are a clueless moron. I'm done with this thread because you cannot listen to the other side. This was the first post you have actually attempted to present a real argument, and I applaud you but it's a bit too late. I'm done trying to educate you.

      --
      Dacels Jewelers can't be trusted.
  18. Unix comes full circle by JohnZed · · Score: 4, Interesting

    Perhaps it's appropriate that the very first Unix systems were used to process patents for Bell labs. See: http://www.english.uga.edu/hc/unixhistory.html

    What goes around, comes around...

  19. Re:Is this talking about Caldera? by SuiteSisterMary · · Score: 2

    Ransom Love, shall we say, loves to ransom?

    --
    Vintage computer games and RPG books available. Email me if you're interested.
  20. Haven't we been somewhere like here before....? by seamustheshark · · Score: 2, Informative

    Hmm, this kind of reminds me of the potentially ruinous case UK-Telco Monster British Telecom tried to bring by claiming they had a valid patent for the hyperlink, thus, every single web site covered by that patent would have to pay them a royalty.

    Yep, that claim was soon chucked out of court, to the embarressed relief of BT's management.

    SCO it seems, are either doing one of two things - either making a somewhat misguided attempt to enforce a perhaps long forgotten patent (and, as has been said, patent on what, exactly?) Or two, just making a real dumb grab for money (kinda like "If it's sitting still, you can hit it - if you can hit it you can kill it!")

    I just hope they fail miserably. This kind of blatent money-grabbing the open source community can *well* do without!

    --
    -- Seamus
  21. Re:This is what's wrong with Open Source. by drinkypoo · · Score: 2

    It's especially like counterstrike because cheating seems to be the best strategy, thus, getting a patent you never should have got and suing people with essentially unrelated/uncovered technologies.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  22. Processors, knives, and sniper rifles by intermodal · · Score: 2

    Or conversely, everyone starts shooting and some idiot decides to declare a stupid knife-only game and gets shot in the head. That's exactly what SCO is doing...making themselves a target.

    And for reference, SCO didn't specifically say Linux IIRC (which I may not, because I didn't RTFA), but an "unspecified operating system". SCO may not have the knife, but they may have a sniper rifle, and it just may be aimed at MS. I don't know yet. But what I do know is that the license stickers on the side of OEM boxes with XP and 2K specify "1-2 processors" on them, which could be a clue...

    --
    In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
  23. They _have_ issued a denial by Hayzeus · · Score: 5, Informative
    From the press release:

    SCO is a Linux vendor and a leading member of United Linux. Contrary to the claims in the Client Server News article, SCO has no desire to take legal action against fellow Linux vendors. As a normal part of business, SCO has had discussions with several legal experts in the field of intellectual property law, and these discussions included David Boies. Contrary to the claims in the Client Server News story, SCO has not engaged Mr. Boies to take legal action against our fellow Linux vendors.

    I mean, geez. What else are they supposed to do?

    1. Re:They _have_ issued a denial by LostCluster · · Score: 2

      SCO has no desire to take legal action against fellow Linux vendors.

      Vendors are safe, but what about those who use Linux?

      They made an incomplete denial of the rumor. There's still enough wiggle room for them to have hired Mr. Boise to sue those with deep pockets who use Linux and still not contradict anything they said.

    2. Re:They _have_ issued a denial by schon · · Score: 2

      No, they haven't - at least not a flat-out denial.

      SCO has no desire to take legal action

      Yes, and I have no desire to pay income tax, but I do it anyway.

      An outright denial would be "we will not leverage any patents we hold against Linux users or other Linux vendors."

  24. Get your license here ! by Salsaman · · Score: 2
    Just download a copy of the "Ancient Unix License" from Caldera

    1. Re:Get your license here ! by Salsaman · · Score: 2
      Damn I just noticed the license specifically excludes System V. Oh well, back to the drawing board...

    2. Re:Get your license here ! by Eric+Smith · · Score: 2
      Linux != System V.

      Unless SCO has some patent that covers System V but not System III or 7th Edition, and Linux uses the patented technique, it's not a problem.

  25. Hurt RedHat yes, Mandrake I doubt by SerpentMage · · Score: 4, Insightful

    They could hurt Redhat, yes because Redhat is an American company. But I thought Mandrake was a French company? And I doubt that they patented using European patents. Likewise with Suse.

    Do you know what is happening here? The US is starting to feed on itself. And people outside the US are starting to profit....

    For example copyrights on specific music pieces in Europe expire and as such they are free to copy, but not in the US.

    Interesting the Land of Free is turning into the land of the regulated lawyer! Actually sad!

    --

    "You can't make a race horse of a pig"
    "No," said Samuel, "but you can make very fast pig"
    1. Re:Hurt RedHat yes, Mandrake I doubt by Ironica · · Score: 3, Informative

      "For example copyrights on specific music pieces in Europe expire and as such they are free to copy, but not in the US."

      Point of order, here... yes, they *do* expire in the US. Trademarks don't (as long as you defend them), but the protections there are quite different, and music is not usually a trademark.

      US copyrights may last significantly longer than European ones, but here's the current breakdown (from a flyer I picked up the other day in the public library). It gets pretty messy, because the laws have been changed so many times, but here goes:

      Works created 1/1/1978 or after: Protection starts when work is fixed in a tangible medium of expression, expires after life of the creator + 70 years (or, if work is of corporate authorship, 95 years from publication or 120 years from creation, whichever is shorter).

      Published before 1923: in public domain.

      Published between 1923 and 1963: Protection starts when published with notice, expires after 28 years + optional 47-year renewal, which was later extended to 67 years. If not renewed, it's now in public domain.

      Published from 1964-1977: Protection starts when published with notice, expires after 28 years + automatic 67-year extension.

      Chreated before 1/1/1978 but not published: Protection starts 1/1/1978, expires after life of creator + 70 years or 12/31/2002, whichever is greater.

      Created before 1/1/1978 but published between then and 12/31/2002: Protection starts 1/1/1978, expires after life of creator + 70 years or 12/31/2047, whichever is greater.

      So it can be difficult to tell when things expire, but they do expire. ;-)

      Not that this has anything whatsoever to do with patents, which is what the article was about...

      --
      Don't you wish your girlfriend was a geek like me?
    2. Re:Hurt RedHat yes, Mandrake I doubt by Scarblac · · Score: 2

      US copyrights may last significantly longer than European ones,

      Alas, no. EU copyright lasts until 70 years after the author's death. Later, the US had the Sonny Bono act to put theirs in line with the EU copyright. In both cases, this was applied retroactively.

      See e.g. http://www.iusmenties.com/copyright/crashcourse/du ration/

      The post you were replying to was just spreading FUD, as far as I can see.

      --
      I believe posters are recognized by their sig. So I made one.
    3. Re:Hurt RedHat yes, Mandrake I doubt by Scarblac · · Score: 2

      *GROWL*. Two typos, one in the actual link and on in the text.

      http://www.iusmentis.com/copyright/crashcourse/dur ation/

      --
      I believe posters are recognized by their sig. So I made one.
  26. Oh yeah.... by theLOUDroom · · Score: 4, Funny

    They can have my Linux, when they pry it from my cold, dead hand.

    --
    Life is too short to proofread.
  27. Denial by ackthpt · · Score: 2, Funny
    Awfully ambiguous on SCO's part; I'd feel better about a straight denial.

    Doesn't deny mean they are considering ... Well, at least they are not lying.

    Denial usually means they are lying. i.e.

    Cheney, advised by Enron execs on energy policy did nothing improper and releasing notes of the meeting would jeopardize national security

    Willy: "I did not have sex with that woman"

    North Korea: We are a peace loving nation

    --

    A feeling of having made the same mistake before: Deja Foobar
  28. Horseshit Legaleze by Bowie+J.+Poag · · Score: 2


    Uhm...

    "We havent made any decision yet, but we're examining the possibilities."

    "I'm haven't decided to eat anything. Just that sandwich over there."

    "I'm not going to Dave's house, Dad... So can I borrow the car to go to Dave's house?"

    I dont know what to do.. Be disgusted with SCO, or laugh at this, the final death throes of a company on the brink of cartwheeling into Chapter 11. Regardless, i'm sure this is gonna be great for their stock price. Massive shareholder dissent, panic selling..

    --
    Bowie J. Poag

  29. SCO will never see a dime. by Picass0 · · Score: 2

    SCO has taken the dark path - they can't inovate, so they litigate.

    They now hire one or more expensive attorneys who will drink all of the company's money in billable hours with no gaurantee of a positive outcome. It is not in Boies' personal best interest to take this to trial in a timely manner. This thing is a cash cow! And even once this goes to court, there is prior art, expert witnesses, appeals, etc...

    During this time SCO isn't making money.

    IBM isn't going to lay down for this one. They've invested billions in Linux, and IBM employees a few lawyers too, so I'm told. IBM and the other companies with a stake in Linux can bury SCO in a shitload of paperwork, court fillings, etc... and Boies finds himself with more billable hours.

    To make a long story stort, if this is a last ditch effort to save the company, they will go broke before they ever see a dime. And once the company goes broke, they aren't a problem to us anymore.

    The lawyers are the only winners.

  30. Re:Wait a f----- minute by buss_error · · Score: 3, Informative
    If it turns out, however, that SCO only wants to target Microsoft

    And hoist MS on their own petard. Microsoft gave^h^h^h^h loaned money to Caldera to buy SCO to kill SCO. MS used to have a chair on SCO's board, and SCO had to use code done on Xenix coded by MS (when MS was the developer of Xenix) in all versions of SCO.

    The EU made MS back off of that, then MS bailed out of SCO, then sent money Calderia's way. MS denied they did so for Caldera to buy SCO, but it didn't take long between Caldera getting the money and gobbling up SCO.

    --
    Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
  31. Re:Wait a minute by renard · · Score: 2
    I think you've missed a point here. Like politicians - or, indeed, any political entity - corporations occasionally float "trial balloons" by means of leaks or confidential briefings (where others may be expected to do the leaking for them). The purpose of these trial balloons is to test out controversial new policies while maintaining full deniability, including the ability to reverse course without loss of face.

    In this case, let us say (and it is only a possibility) that SCO Linux is considering suing Linux users for patent violations. This would be controversial, and so they float a trial balloon first. If a big enough fuss is made, NOW, then they will reconsider. If not, they will proceed with the legal nasty-grams to the smallish, underfunded websites to start building their precedents.

    Think it can't happen here? Think again.

    -renard

  32. What patents? by Animats · · Score: 2
    The only basic UNIX patent I know of is the famous "setuid" patent, #4,135,240, issued January 16, 1979, expired January 16, 1999.

    If this is serious, let's hear some patent numbers.

    There might be some petty infringement in some miscellaneous piece of software that ships with Linux, but that could be fixed if necessary. I suspect this whole story is bogus. If there were valid patents involving the basics of UNIX-like operating systems, this would have surfaced long ago.

  33. Caldera Doesn't Have The IP.... by Tsali · · Score: 2

    Everyone knows that Al Gore is the father of the internet and by logical extension owns anything that MS or Caldera/SCO does.

    Napolean also invaded France and made peace with the Hebrews.

    What's this do to United Linux, anyways? Does anyone care?

    --
    This space for rent.
  34. -1, has no clue of copyright law. by Kjella · · Score: 2

    So esentially, if SCOs to proved to be correct, that would make the GPL invalid for those portions of code, and thus it would be free game for anybody to use the code. Then SCO could be free to grab the code and enforce their patents anyway, an effort must made easier by removing that pesky GPL.

    Without a valid licence, you have no right to redistribute or create a derivative work. Since the *copyright* does not lie with SCO (only the hypotetical patent), they have no right to do anything with that code. That's basicly what the GPL says too (if you can't redistribute it royalty free, you can not redistribute it at all).

    Kjella

    --
    Live today, because you never know what tomorrow brings
  35. Let's give them the benefit of doubt... by C0vardeAn0nim0 · · Score: 2

    "but confirming that it does have significant asset claims in Unix IP" - this means "you can't emulate UNIX or include the ability to run UNIX binaries on other systems without paying us". and remember ppl, GNU is NOT UNIX, so as long as it doesn't run UNIX binaries there's nothing to worry.

    "and it is discussing 'possible strategies." - means "we'll include UNIX support in SCO Linux to make it more apealing to UNIX users"

    --
    What ? Me, worry ?
    1. Re:Let's give them the benefit of doubt... by tweek · · Score: 2

      The funny thing is I'm wondering how many people actually USE the SCO binary emulation support anymore? It was useful before Oracle actually had a native port but is there any tool out there that's SCO only that doesn't have a port for Linux or something in the OSS world that matches up?

      I realize that this may not be the ONLY thing SCO is going to use but it's the first thing that came to mind.

      --
      "Fighting the underpants gnomes since 1998!" "Bruce Schneier knows the state of schroedinger's cat"
  36. no, you're wrong by g4dget · · Score: 2
    So very wrong. If you were right, that would mean that I could write a GPLed program that reimplements the MP3 patent, and then tell Thompson Media that their patent is violating the GPL.

    You can redistribute your source code all you like, but anybody using it would be violating Thompson's patent.

    However, as soon as Thompson starts redistributing your source code and tries to assert their patent claims against users of your code, they are violating the GPL.

    1. Re:no, you're wrong by Gerry+Gleason · · Score: 2
      You can redistribute your source code all you like, but anybody using it would be violating Thompson's patent.

      No, you can't distribute it under GPL if it would violate the patent. The patent holder would have to grant a transferrable no-cost license. GPL rightly has no interest in code that cannot be used.

      If Thompson does the redistribution, I think they open themselves up to the claim that they are granting a free license implicitely, but a court would have to decide that. This is the equivalent situation to SCO.

    2. Re:no, you're wrong by g4dget · · Score: 2
      No, you can't distribute it under GPL if it would violate the patent.

      Distributing the source code doesn't violate the patent. Running the resulting executable does.

    3. Re:no, you're wrong by Gerry+Gleason · · Score: 2
      Distributing the source code doesn't violate the patent. Running the resulting executable does.

      What you say is correct, but misses the point. It violates the GPL, not the patent. As I said, the GPL has no interest in covering code that cannot be used. Read between the lines, and what I meant is completely clear from the context.

    4. Re:no, you're wrong by g4dget · · Score: 2
      What you say is correct, but misses the point. It violates the GPL

      No, it doesn't. If I distribute, under the GPL, source code that I have written myself, I am not violating the GPL. And whether I go after anybody else that violates the GPL on code that I hold the copyright to because of this is entirely up to me.

      The intent of the patent clauses in the GPL is to prevent companies like SCO doing what this thread alleges: distributing GPL'ed source code written by others and trying to make revenue from patent licenses. Logically, it is mostly companies like SCO (or Thompson in your example) that one would likely go after.

    5. Re:no, you're wrong by Gerry+Gleason · · Score: 2
      If you write some code, and SCO says you need a license for their patent to use it, then you may not distribute it under the GPL. If using it would violate the patent, then distributing it violates the GPL. The language of that clause is simple, and this is what it says.

      Now, in the case of Thompson and mp3 decoding it is a little different. They are saying that it is ok at least for non-commercial use, but depending on what they mean by this it may or may not be GPL compatible. For example, say you want to sell an player based on GPL decoder software, do you need to pay for the license? How about a commercial Linux distro? Do I pay a license based on the number of CDs actually purchased (as apposed to downloads, and counting multiple installes). It seems to me that the intent of the GPL is to demand that the patent holder may not extract a royalty selectively based on who or how it is used.

      If you assume for a moment that SCO has a valid patent claim, and that they intend to enforce it WRT Linux, there is nothing the GPL can do to prevent this. What it can do is cause the offending code to be removed, and if that is not possible it would prevent the distribution of Linux under the GPL. This could be a nightmare scenario for Linux if the claim was not so weak to begin with. Of course, it is also likely that the patented feature would be removed and a better non-infringing feature put in its place.

      In the example cases, it isn't that pure, but there is always the danger of discovering a patent long after an GPL program is developed. It doesn't have to be malicious either (unless you thing all patents are evil, but I digress). If the GPL program author and the patent holder are unaware that the other exists for a long time, and the patent holder then discovers that the GPL program is in fact an implementation of their patent ... If you're lucky, you can establish that the GPL program predates the patent, and therefore is in itself evidence of prior art.

    6. Re:no, you're wrong by g4dget · · Score: 2
      If you write some code, and SCO says you need a license for their patent to use it, then you may not distribute it under the GPL

      The GPL is a license to use and distribute copyrighted materials. If I'm the copyright holder, I don't need a license--I can distribute the software to whoever I like under whatever license I like. That's how we have dual-licensed software.

      SCO can't sue people over violations of my license, just like I can't sue people over violations of Microsoft's licenses.

      If you assume for a moment that SCO has a valid patent claim, and that they intend to enforce it WRT Linux, there is nothing the GPL can do to prevent this.

      Sure there is. SCO has redistributed Linux. Therefore, they have accepted, and are bound by, the terms of the GPL. That affects how they can prosecute patents related to Linux.

    7. Re:no, you're wrong by Gerry+Gleason · · Score: 2
      Sure, you can distribute it however you like, it just won't be a valid application of the GPL, and therefore non of the terms of the GPL would apply. My point still stands as it did in my first comment. The assertion of patent rights invalidates the application of GPL, not the patent.

      Sure there is. SCO has redistributed Linux. Therefore, they have accepted, and are bound by, the terms of the GPL. That affects how they can prosecute patents related to Linux.

      Correct, but I have already ackowledged this point in an earlier comment. The comment you include is referring to what the situation would be if SCO never acquired Caldera, and had never distributed Linux. Given that they have, this still does not, on the face of it, say that they have given up their patent claims against Linux. However, as I said before, the courts are unlikely to look favorably on all of this, and SCO would find it difficult to enforce their claim even if it otherwise had merit (which it doesn't).

  37. possibly even better by g4dget · · Score: 2
    Since SCO is actually redistributing Linux, they may well have granted every Linux user a license to use their patent under the GPL:

    We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.
  38. Re:Wait a minute by bmetzler · · Score: 2
    I'm not aware of the situation you referenced. Could you provide more details?

    Perhaps it involved a certain trial involving a certain freedom.

    -Brent
  39. Re:Wait a minute by haggar · · Score: 2

    I gotta rush home, I'll definitely get back to you though: I have read a rebuttal from SCO where they say unequivocably that they are not going to seek anything from Linux distro's.

    --
    Sigged!
  40. EFF should file preemptive lawsuit by HotNeedleOfInquiry · · Score: 2

    To demand that SCO turns over list of any possible infringements so that they can be coded out asap.

    --
    "Eve of Destruction", it's not just for old hippies anymore...
  41. The real problem is... by rknop · · Score: 2

    ...software patents in the first place.

    If we didn't have that nightmare, then it would never be plausible when somebody comes out with one of these "gonna make Linux vendors pay" stories. It's only a matter of time before somebody *does* come out with a patent that Linux violates (since there are so many chickenshit patents). Either a precent needs to be set that people who come out with chickenshit patent claims get slammed, or Linux hackers are going to spend the rest of their lives writing ever more convoluted code to avoid violating every patent the head-in-butt patent office grants.

    I'd much rather see software patents killed once and for all. No more granted, none in the past valid. This *will* become a nightmare for Linux, and soon, even if this SCO story is bullshit.

    -Rob

  42. no, they didn't by g4dget · · Score: 2
    Translation of their statement:
    We believe we do have intellectual property. We believe we can successfully sue other Linux vendors. However, we have not yet decided whether it is in our interest to do so. In particular, we fear the PR fall-out of such an action. That's why we would like you not to speculate as to whether we will or will not sue.

    An "outright denial" would have been:

    SCO has no intellectual property that would allow it to sue other Linux vendors.

    The other acceptable response would have been:

    SCO owns patent 6,666,666, which we believe is infringed by Linux implementations. We have contacted the USPTO to have the patent dedicated to the public domain.

    Anything else is just PR-speak for "don't give us bad press--it's bad for our business".

  43. Specific patents by Eric+Smith · · Score: 2

    So, does anyone know what non-expired US patents SCO has that might cover Linux? I tried a search at uspto.gov, but came up empty-handed.

  44. no, not really by g4dget · · Score: 2
    There is no legal requirement to assert patents at any particular time. It is common practice to let other people use them freely for a few years and then bring out the lawyers.

    Only trademarks need to be defended right away so that they don't fall into common usage.

  45. SCO doesn't seem to have any applicable patents... by Svartalf · · Score: 3, Informative

    A quick check of the USPTO searchable database turns up only TWO patents to SCO's name (Using SCO's name spelled out for the assignee name as the search criteria) and neither of the two seem to really apply to Linux in general.

    Here's the link to the search request so you can see for yourselves

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  46. Re:SCO doesn't seem to have any applicable patents by jonabbey · · Score: 5, Informative

    As the owner of UNIX, SCO probably has rights to a lot of patents from AT&T, USL, and Novell pertaining to UNIX. Those patents presumably wouldn't be recorded as being registered by SCO, even if SCO owns them now.

  47. The good thing by phorm · · Score: 2

    Is that these people are at least listening enough to us (geeks) to be aware that slashdot et al are a good source of the "voice of geekdom" and they are checking up on common opinion (whether correctly founded or not).

    Seems that we have 2 slashdot articles today with various people "clarifying" (or perhaps muddying, but at least attempting to save face) actual circumstances. Perhaps if enough big companies read slashdot/etc they'll realize that such idiocy is tainting public opinion and could lead to more bad publicity, and possible sales loss.

  48. FUD is in full effect by LostCluster · · Score: 2

    We are in a situation of FUD right now.

    First, Slashdot reported a rumor, which was of questionable validity but claimed that somebody was going to threaten to inflict a patent lawsuits on selected Linux users, going to demand settlements roughly equal to the cost of Windows to avoid being sued.

    Now, that somebody has come forward with a less-than-satisfactory denial of the rumor. It's not clear what their intentions are, and we'd rather see an outright claim that the story is false.

    Fear that this could wipe out Linux, uncertainty over what SCO is gonna do, and doubt that this going to go very well. Yep. FUD is in full effect, and so far it's justified.

  49. Could they actually be talking about Windows? by farrellj · · Score: 2

    From what I have heard, Win2K's Internet Protocol stack is taken from one of the BSD flavours of Unix...maybe SCO feels that they can use whatever IP ownership they have to go after MS? Maybe they are going to charge $95 for every use of their IP, but waive it if you are using an open source OS...which would either force MS to open source Windows XXX, or "tax" MS $95 every copy of Windows they have sold.

    That would be nice.

    ttyl
    Farrell

    --
    CAN-CON 2019 - Ottawa's only book oriented Science Fiction Convention! October 18-20, Sheraton Hotel, Ottawa, Canada h
    1. Re:Could they actually be talking about Windows? by cant_get_a_good_nick · · Score: 2

      Probably a troll, but just in case you're not...

      1) The TCP/IP stack in WinNT 4 had some BSD code, it's been said that it's been ripped out of NT codebase (NT => 2000 => XP) for some time.

      2) That's BSD license, not GPL. They're allowed to use it as they see fit. See how MS played with Kerberos. The BSD license has nothing to say about exposing source.

    2. Re:Could they actually be talking about Windows? by farrellj · · Score: 2

      It may be BSD License, but if SCO considers TCP/IP to be part of their intellectual property...and the way various other companies have claimed to have IP Rights over fundamental parts of Internet protcols, it wouldn't suprise me.

      ttyl
      Farrell

      p.s. Not a troll...just wondering.

      --
      CAN-CON 2019 - Ottawa's only book oriented Science Fiction Convention! October 18-20, Sheraton Hotel, Ottawa, Canada h
    3. Re:Could they actually be talking about Windows? by cant_get_a_good_nick · · Score: 2

      TCP/IP design is initially from DARPA. The idea was to have a control protocol for ICBMS that couldn't be destroyed. Make it packet switched, node to node, with multiple paths. Some nodes can be destroyed, but as long as you have one path, you're good. Wired had a good interview with one of the architects a while back.

      This exact network design was never actually built, but heavily influenced the actual TCP/IP, which was built with help from DARPA, and a lot of work from Berkely. sockets are a Berkely thing, not SCO. Maybe a particular implementation could be IP (Intel. Prop.) but I'm sure if anything SCO would need to worry about BSD copyrights. Linux TCP/IP is pretty much written from the BSD side, including one (very annoying) difference. The original select() man page had the time you passed in being decremented by the amount of time it waited. Linux saw this, and implemented it as so. Problem is NOBODY did it this way. So now you have to remember that the time parameter you pass in is not constant on Linux. If anything, this is further proof that TCP/IP under Linux doesn't infringe on SCO stuff.

  50. Some conspirancy theory by Florian+Weimer · · Score: 3, Interesting

    First of all, read this document: Microsoft Applauds European Commission Decision to Close Santa Cruz Operation Matter -Decision upholds Microsoft's right to receive royalties if SCO utilizes Microsoft's technology.

    This means that it's probably not only SCO's IP, but also some of Microsoft's IP that is involved here.

    Unfortunately, Microsoft sold its SCO stock, so this conspiracy theory doesn't quite work out. But hey, the Evil often returns to its former Servants to recruit them again, doesn't it?

  51. Discovered Patent Would Invalidate GPL by Gerry+Gleason · · Score: 2
    That is the specific GPL grant for the code that is in violation of the patent. If the patented technology cannot be removed with the program still functioning, then, in effect, the program is no longer GPL (cannot be by the terms of GPL).

    The point here is that there really isn't any way for SCO to extract royalties here, but they could stop everyone from distributing Linux under the GPL (depending on how extensive and isolatable the violation are). This applies to SCO (caldera) just as much as the others.

    A side point can be made that the very act of distributing Linux, suggests that they did not believe they had a patent claim against Linux. If it ever got to a court, I suspect they would be very hard on SCO for this history and the way the claim was made. This sort of behavior is very destabilizing in the markets, so the courts aren't going to reward it easily.

  52. Write portable code. by Quixadhal · · Score: 2

    It doesn't matter to me what SCO might have. If they enforce claims to AT&T System V bits that exist in linux, then I can always run my stuff in one of the BSD variants.

    SCO is just trying to find some way to stay afloat, since their own product is dated and proprietary to the point of uselessness. As they see people porting things to run under a generic unix-a-like, they see their closed market drying up and are desperate to grab anything that floats.

    This does bring up (again) a point. There should be some requirement to enforce a patent BEFORE something reaches a critical mass in the marketplace. Holding a patent and then trying to cash in only after everyone else has done your work for you is just underhanded and cheap.

    In short, SCO -- Blow Me.

  53. Biggest PR goof in some time by Bruce+Perens · · Score: 2
    This sounds as if it is meant to put doubt upon Linux in the customer's eyes, so that the customers will stick with SCO Unix on their Intel platforms. Perhaps this is a desperate tactic, but it's a failing one. The patents that applied to Unix have expired, and the other Unix IP isn't all owned by SCO - The Open Group has some, for example. It's doubtful that newer fundamental patents are in SCO's hands.

    There's also the GPL issue. A lot of people are confused regarding who would not have permission to distribute under the GPL patent terms. It would be anyone who owns the patent, and anyone who has acquired a license to the patent - unless that license applies to all GPL programs. So, SCO and its customers and licensees would effectively be locked out of using GPL code. Not the rest of the community.

    There's also the matter of other companies that hold patents and would step on SCO hard.

    If they had just done a press release publicizing that their corporation was considering suicide, it might have had a better effect.

    Bruce

  54. Re:Going after Apple by cant_get_a_good_nick · · Score: 2

    1) Nobody know's what SCO is doing. They've done nothing yet.

    2) Apple uses FreeBSD, and the FreeBSD source went through this thing years ago (in a very ugly period of lawsuits) and came out clean.

  55. Take a step back... by doorbot.com · · Score: 2, Insightful

    Without copyright, people would still write music and songs.

    OK, no immediate problems with that (but you didn't say everything you should have -- see below).

    And without patents, for other market-led reasons, people will still create and improve designs. Can you imagine that?

    I can imagine that. I can also imagine a system based in reality...

    You're a creative guy... so you come up with this "Gnomish contraption" that will turn sewage into magical potions. You just spent 10 years of your life researching and developing prototypes. You barely made ends meet because you believed in your idea and in yourself. Now you're ready to release your product to the world.
    You're so proud... the first day sales are through the roof! Everyone is buying "Gnomish contraptions" like they were worth their weight in gold! But what's this? You don't get any money from these sales...
    That's right... there were no patents available. You had no protection for your own innovations (time limited of course) to regain your investment of time (== money). Your blood, sweat, and tears were for naught; the little old lady next door copied your idea and built it for cheaper and is making money hand over fist. Isn't that competition?

    So why do we have patents? Is it to protect Mr. Big Bad Corporation? No, it's to encourage innovation (wow!), because no one will innovate unless it benefits them. Yes, some people will gain their "payoff" in being a "do-gooder" and offering their product with "freely" (for a very loose example, think of the GPL). But remember, even the GPL has stipulations on how you can use the product. I might make some music and make it freely available and distributable, which makes me happy, but happiness doesn't feed my family.

    If there were no restrictions whatsoever, no one would produce anything new, as there would be no incentive to do so. Why should you produce something if someone else can "steal" (but it's not stealing since there are no patents) it away from you?

    Patents are designed to allow monopolization of a market for a short period, to enable a high return on investment (yes, investment) for those who do the R & D. After that, it's open season... and you'd better be innovating while you're making your monopoly profits... or when your patent expires you're out of luck (and business).

    Can patents/copyrights/guns/toothpaste/etc be abused? Yes. But to try and push your opinions across by distorting reality is not going to get you far (or convince your intended audience).

    1. Re:Take a step back... by manyoso · · Score: 2

      You sir, are a moron.

      The parent post and your follow-up should be hauled out to explain to children and freshman economic students the very concept of fairy-tale.

    2. Re:Take a step back... by Oliver+Defacszio · · Score: 2
      Oh, look, another Slashdot "expert".

      Son, innovation requires motivation and most people are swift enough to realize that being an also-ran doesn't put food on the table. Bottom line -- people who agree with you can't stay in business long enough to declare bankruptcy, while people who agree with me run the world; somehow, I'm not worried about changing your mind.

      --

      -
      Inventor of the term 'pardon my French'.
  56. Re:Hypothetically speaking... by John+Hasler · · Score: 2

    > Since patents cover ideas,...

    Patents do not cover ideas. They cover inventions (modulo stupidity on the part of the examiners).

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  57. Re:SCO doesn't seem to have any applicable patents by Svartalf · · Score: 3, Informative

    The assignee has to be changed when the IP rights change hands, otherwise it's still theirs. Any of the AT&T patents would most likely have expired and a rough check of the Novell patents doesn't seem to reveal much of anything applicable either.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  58. Re: Whatever happened to social responsibility? by sfgoth · · Score: 2

    Whatever happened to social responsibility? Way too many people seem to think that it is the responsibility of a corporation to generate profit, regardless of any other concerns (including even it's own long-term concerns).

    It is the responsibility of a corporation to generate profit. Social responsibility lives in the wallet of the consumer, not in the offerings of the market. The owners of that corporation have a social responsibility to spend their money wisely, not make it.

    There's no need for the supply side to preach a consistant morality. The supply side should offer any morality one can imagine. That's freedom.

    Ethics created through lack of choices are not ethics, they're actions of ignorance. Real morals are made apparant by one's choices.

    Teach those around you not to buy from companies you find immoral. But don't expect everyone to agree with your definition of right and wrong, and don't try to force it upon the rest of us by shutting down the supply side of that immorality just because the consuming side ignores you.

    As for murder, it's illegal. Corporations should strive for maximum profits within the law. Laws should be written to prohibit people from harming each other, and penalize those who profit from that harm.

    -pmb

  59. Linux is unassailable by erc · · Score: 3, Interesting

    Back when we were first throwing drivers left and right into the kernel (1992), someone brought up the point that Linux itself might be vulnerable to IP claims if it weren't developed "clean room" style. At that time it was thought that Sun would be the most likely threat, but a message was floated amongst the kernel and application developers, asking anyone who had worked on Sys III/V code or kernel code for anyone else, and I don't remember anyone raising their hand. I worked for Sun during that timeframe, but did not have access to the SunOS or Solaris source.

    Of course, this could all be a desperate ploy by SCO to get cash in the door, but they want to leak it via the rumor mill, to gauge how well it would go over. Credits to Navy beans that, when they get inundated with bad press, they claim that it wasn't a consideration, plausible deniability, all that jazz.

    --
    -- Ed Carp, N7EKG erc@pobox.com PGP KeyID: 0x0BD32C9B What I'm up to: http://intuitives.mine.nu
  60. What if Microsoft Buys SCO? by goombah99 · · Score: 4, Interesting
    I think the danger here is if microsoft buys SCO. Now they own the patents. They wont really care about enforcibility. Actually, They wont even want to test it in court.

    all they have to do is go to Spain, or venuzuela or Mexico or any govenrnment thinking about converting to Linux and point out the possible complicationsif this ever did go to trial. Maybe the linux distro you are thinking about will have an accident, see...

    It would be the cheapest way for MS to subvert Linux. Even sheaper than buying the Sony DRM patents that are in the news lately. (Buy DRM patents, dont let GNU use them. Eventually enough music/movies is out in DRM that without liscenced DRM enabled players linux desktops suck. end of linux withou microsoft having to compete at all).

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:What if Microsoft Buys SCO? by walt-sjc · · Score: 2

      MS would have to convince Spain, or venuzuela or Mexico or any govenrnment that a US patent should be enforcable in their country. Hah.

    2. Re:What if Microsoft Buys SCO? by Enahs · · Score: 2

      Wow, that would mean Microsoft would have an agreement with itself to never produce another UNIX. That'd be great.

      --
      Stating on Slashdot that I like cheese since 1997.
  61. Amazing what people say about patents by einhverfr · · Score: 2

    ''If there were no patents in place, than innovation would be halted''

    Without copyright, people would still write music and songs. And without patents, for other market-led reasons, people will still create and improve designs. Can you imagine that?


    People make this point, and miss the while point of a patent system-- the idea of a patent system is not supposed to be that it makes people rich if they invent something-- people will ALWAYS find a way to get rich off inventiveness. The point of a patent system instead is to reward people for publically explaining how their inventions work, so that once the patent expires everyone else can benefit. This mechanism is how patents are supposed to support innovation. And if the patent is still not particularly useful after it expires, then the patent system has failed.

    Also there is an immense cost associated with enforcing a patent, so all these stupid business process patents that we heard so much about have more or less been stopped by the immense cost of enforcement.

    I am not sure that SCO would benefit by sueing for patent violations-- in fact I think they would quickly ensure that Debian would be the only distribution available, and that SCO would go bankrupt. In which case, Microsoft might buy them and try to deny Linux a place in the markey, and we might have another round of antitrust litigation (one cannot use patents to engage in predatory practices).

    --

    LedgerSMB: Open source Accounting/ERP
  62. FUD by drwho · · Score: 2

    SCO probably doesn't have any patent that will affect Linux and won't do anything. There's probably some evil powers at work that are paying them to spread FUD.

    Personally, I am laughin at them.

  63. uhh by nomadic · · Score: 2

    Awfully ambiguous on SCO's part; I'd feel better about a straight denial.

    And I'd like SCO to give me a million dollars and a new Aston-Martin, but I don't see either happening.

    Obviously they don't want to publicly cast off their IP rights simply because it would make some people more comfortable.

  64. Re:Is this talking about Caldera? by fault0 · · Score: 2

    Ransome Love left Caldera^H^H^H^H^H^H^HSCO a while ago.

  65. Re:Live by the code, die by the code... by The+Bungi · · Score: 2
    you've just committed sepuka!

    I almost pukad when I read this.

  66. Do you want answers? by I+Am+The+Owl · · Score: 2

    I want the truth!

    --

    --sdem
  67. MSFT to SCO? by m00nun1t · · Score: 2

    If I'm in California, can I use my software vouchers from Microsoft to pay my SCO license fees?

  68. easy to talk, hard to show by tkrotchko · · Score: 2

    "Little guys need protection, and the patent office gives them that."

    Can you give an example of where a software patent has "help the little guy"?

    To me, that's right up there with "protecting the children". Its more of an excuse than a reason.

    But seriously, where is that example?

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
    1. Re:easy to talk, hard to show by Xerithane · · Score: 2

      Can you give an example of where a software patent has "help the little guy"?

      IBM. Look at all their patents helping innovate by granting free royalties on a ton of information that is publicly available for people to work with. Without patents, that information would be kept a closely guarded secret.

      As someone else pointed out, patents are not made to make people rich, only play more fair so the inventor gets first rights to market. The patent system has not failed with that.

      --
      Dacels Jewelers can't be trusted.
  69. Not jumping the gun by Julian+Morrison · · Score: 2

    Even for SCO to respond with anything less than an emphatic denial is enough for them to deserve having their tires slashed, their houses graffiti'd and roadkill posted through their letter boxes. And for people to sit in vans outside their corporate HQ with jury-rigged gadgets blasting radio white noise at all the CPUs therein.