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SCO To Show Copied Code
A number of people have written this morning in regards to the latest update in the ongoing SCO dropping Linux, with word from LinuxJournal that SCO has broadened the implications of code copying. A number of analyst groups have come out, however, saying that it's fine to keep moving ahead with Linux adoption - and there's an interesting interview with SCO's General Manager of SCOSource.
Sco claims that Linux violates their IP. Sco also distributes Linux. Linux is licensed by the GPL. GPL = Free Code Errr... Maybe the only blood that will be let is from the hole that they shot in their own foot? It seems to me that they've already GPL'd whatever Unix code there "may" be when they condoned, sanctioned, and released their own distro of Linux.
As an astute poster pointed out on OSNews, they cannot collect on any damages anyway.
They distribute(ed) a version of Linux under the GPL, a licence that legally permits people to copy and branch the code assuming they put it under the GPL. Unfortunately for SCO, whether or not they knew they were distributing their own IP under the GPL or not is irrelevant to the rather compelling argument that they did put their IP under the GPL, and now that they continued to distribute linux after they found the alleged infringements means that no court would declare that licence invalid.
They distribute(ed) a version of Linux under the GPL, a licence that legally permits people to copy and branch the code assuming they put it under the GPL. Unfortunately for SCO, whether or not they knew they were distributing their own IP under the GPL or not is irrelevant to the rather compelling argument that they did put their IP under the GPL, and now that they continued to distribute linux after they found the alleged infringements means that no court would declare that licence invalid.
If anyone argues this, we lose in a bigger way. MS can then say "see, I told you so! GPL caused SCO to lose their IP!!!!".
It would benefit us greatly as a community if no company makes this argument in defense.
I've had enough abrasive sigs. Kittens are cute and fuzzy.
..SCOs brilliant "quotes from linux leaders" page of proof! Oh no! Linux is doomed!
It is only too obvious the code infringement occurring in Linux. Torvalds' dogs are cutting their own throats before the walls of our Intellectual Property. Tonight they will burn in hell. The stolen code is as clear as the nose on my face.
reporter:
Sir, could we see some of this code?
C.S.:
I will only answer questions that deal in reality. The code is all over the place. Can't you see it yourself?
reporter:
But sir, since your code is hidden from the world, how do we know you didn't just take some Linux sources and just slap SCO source into it for the sake of the trial?
C.S:
Are you a fool? The open source pigs on slashdot would like you to believe that, but they are cying outside and waiting to receive bullets now. They will be killed shortly.
If thou see a fair woman pay court to her, for thus thou wilt obtain love
Nonono... the business plan is:
1. Sue IBM.
2. Irritate the dinosaur.
3. Get bought by dinosaur.
The reason for this being that SCO is on the way down, down, down. The only way to rescue shareholder value at this point from total obliviion is a large injection of equity. Since no-one is likely to weigh in with the millions needed, the best way to obtain that equity is to replace it with those of a more stable stock.
i.e. get bought by IBM.
It's a high-risk, last-ditch strategy by a failing company.
- K
You could view this as only peripherally about the terms of the GPL and more about SCO being careless - if they'd used the BSD, Artistic, or Moz licenses the effect on any proprietary IP would be the same.
I hereby inform you that I have NOT been required to provide any decryption keys.
If anyone argues this, we lose in a bigger way. MS can then say "see, I told you so! GPL caused SCO to lose their IP".
I think that is a moot point. Whatever comes from this, open source will lose, whether SCO wins ("see, linux will lose you money") or loses ("see, your IP is at stake"). I think the second is less damaging because it's simply because of SCO's behaviour, and that can be shown.
The real sting in here is that while the code may well be GPL, the process and ideas it implements may very well, and probably are, still protected by patent laws. It's the same as with LZH compression: the algorithm is proprietary, even when there's GPL-ed code that implements it.
the pun is mightier than the sword
I'm glad that the three BSDs are not yet being bothered by these wonderful people.
Sources seem to suggest that the BSD's cannot be bothered by the SCO suit. Recall the legal fiasco between the USL and the BSD's in the early 90's. There is a terrific history in Marshall Kirk McKusick's chapter Twenty Years of Berkeley Unix: From AT&T-Owned to Freely Redistributable in O'Reilly's Open Sources: Voices from the Open Source Revolution.
The relevant paragraph:
The lawsuit settlement also stipulated that USL would not sue any organization using 4.4BSD-Lite as the base for their system. So, all the BSD groups that were doing releases at that time, BSDI, NetBSD, and FreeBSD, had to restart their code base with the 4.4BSD-Lite sources into which they then merged their enhancements and improvements. While this reintegration caused a short-term delay in the development of the various BSD systems, it was a blessing in disguise since it forced all the divergent groups to resynchronize with the three years of development that had occurred at the CSRG since the release of Networking Release 2.
Kan jeg få en pils, vær så snill?
We have the classic GPL/Copyright confusion going on here again.
Think of it this way: Copyright is the house. GPL is a door into the house.
By publishing copyrighted work under the GPL that means that you give people to come in and do whatever they want to the house within the boundaries of the license. You still own the original house and can build another door into it that has less abilities.
You cannot, however, close the original GPL door.
You could build an extension onto the house that doesn't use any of the originally GPL'd portions and keep access to that extension away from the GPL door, but you can't close off the original parts of the house.
Trade Secrets are even trickier. You need to protect trade secrets. If you fail to protect them and lose them then they're gone. If you do take reasonable measures to protect them and they're stolen illegally then you can prosecute. (Look at that DirecTV suit where the law clerk photocopied the documents.)
So, the argument can be made that by SCO/Caldera's act of distributing Linux they inadvertenly GPL'd any and all IP that they may have included in the work. The argument can also be made that the original person who published the work under the GPL didn't have the right to do that. The problem is that SCO is a publisher too.
Personally I think we should just get ourselves back to the easy questions like "what is the sound of one hand clapping?"
--- I wish I could hear the soundtrack to my life. That way I'd know when to duck.
Most often called Santa Cruz, Calderuman was one of the first of the UNIX vendors to arrive in Intel-earth, after the arrival of the System V. He was said to be the eldest of the order. For a dozen years, and maybe more, he journeyed in the barren East, and was little heard of at Berkeley.
It was at about this time that Calderuman began to study the Rings of Power, their history and the means of their making.
In year 31 of the Epoch, he was given the keys of OpenLinux, and took up his abode there. He continued his researches into Ring-Zero-lore, and the making of device drivers, and was accustomed to watch the stars from the pinnacle of the Tower. When the Council debated the Rings of Power, Calderuman claimed that his researches showed that the One Ring had been lost forever. It was later shown that he did not believe this, however, and was searching for it himself, having secretly rebelled against the Council.
He built an army of Lawyers and Orcs of his own within the ring of Isengard to challenge both the Wise and the forces of Mondred. In May of the 24th year, when he was ready to reveal himself, Calderuman set a trap for Gandalf, luring him to Orthanc. When Gandalf came, Calderuman revealed that he had made a Ring of his own, and that he intended to gain control of Linux , or at least prevent Gandalf from using it freely himself.
To be continued...
(Plagiarized of course - Google to find the source.)
-- Ed Avis ed@membled.com
From the interview with Chris Sontag:
Q: SuSE feels protected against any legal action you may consider because of contracts with SCO and with UnitedLinux in which you are a member. Do SuSE and other Linux distributors including Red Hat have reason to be worried?
Regarding contracts we have with SuSE and UnitedLinux, I would unequivocally state that there is nothing in those contracts that provides them with any protection or shelter in the way they are characterizing this in the press. If I were them, I would not be making those kinds of statements.
Further, he goes on to say that this temper-tantrum is the result of IBM saying things SCO didn't like:
Basically, he [Steve Mills, IBM exec] said that IBM will exploit its expertise in AIX to bring Linux up to par with Unix and went on to say a lot of other things, like trying to help obliterate Unix. IBM is a licensee of Unix technology from SCO, originating back to contracts with AT&T Corp. So IBM's position became a big problem for us.
On behalf of Linux users and developers everywhere, fsck you, SCO.
I never did work for the Sequent/IBM group that was doing this work so I have no concrete basis for this speculation.
-michael
SCO started this case in state court in Utah. SCO alleged both SCO and IBM were Delaware corporations, making them technically "residents" of the same state. Unfortunately, IBM is actually a New York corporation. Therefore, there is federal court jurisdiction to hear the case (residents of different states and amount of controversy in excess of $75,000.00).
SCO obviously wanted the case in state court. It very carefully pled no federal law claims such as copyright or patent. It pled only state law claims for unfair competetion, etc. The only reason to do this would be if SCO wanted this in state court.
IBM removed (that's the verb) the case to federal court - United States District Court for the District of Utah on the basis of diversity jurisdiction. Not a thing SCO can do about it.
Why did SCO start the case in state court and why did IBM remove it? The state law claims of unfair competition, etc. are the same (the classic Erie decision still applies for all you budding 1Ls out there). The case will still physically remain in Utah.
IBM gets Rule 26(a) of the Federal Rules of Civil Procedure. Under Rule 26(a), the parties must disclose to each other, without even a formal request, the most relevant documents to their case. The disclosure must be done relatively quickly. I doubt there is a similar automatic disclosure in the Utah rules. In state court, SCO might have been able to drag the discovery process out for at least a few months. It could keep its source code hidden for a while. Under the federal rules, it cannot do that. By removing the case to federal court, IBM undercut a big hunk of SCO strategy - namely FUD.
Obviously, the most relevant documents to this case are the source code listings SCO alleges IBM stole. These must be produced to IBM and produced quickly. There willl probably be a protective order preventing the rest of us from seeing them, but IBM gets to see them very soon (like maybe this month).
If there was no theft of code by IBM, expect a quick resolution of the case. If there was theft from Project Monterey in violation of the SCO-IBM agreement, expect a slugfest over intent and the the measure of damages.
In addition, by not even knowing the corporate home of its adversary, SCO comes in looking foolish. How hard would it be to determine IBM is a New York corporation, not a Delaware corporation? Not hard at all. Take a look at any of its SEC filings. It was a stupid mistake by SCO and although it does not logically follow that the rest of its allegations are undermined, it does decrease credibility of SCO and its attorneys.
The interesting question (at least for entertainment value) is who subpoenas RMS first to testify.