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What if SCO is Right?
b17bmbr writes "
What if SCO is right. Bruce Perens was quoted with this scenario. "it's entirely possible that SCO was inadvertently distributing its own proprietary Unix code in its version of Linux. In that case, SCO would've already released its Unix source code into open source". But here's the catch: Does this validate Microsoft's view of a
"viral GPL"?"
Go to their website
and see for yourself. Doesn't look like SCO even talked to them about
this yet...at least that's what SUSE is claiming:
SuSE responds to
latest SCO actions
The UnitedLinux code base -- jointly
designed and developed by SuSE Linux, Turbolinux, Conectiva and SCO --
will continue to be supported unconditionally by SuSE Linux. We will
honor all UnitedLinux commitments to customers and partners, regardless
of any actions that SCO may take or even allegations they may make.
SCO's actions are again indeed
curious. We have asked SCO for clarification of their public
statements, SCO has declined. We are not aware, nor has SCO made any
attempt to make us aware, of any specific unauthorized code in any SuSE
Linux product. As a matter of policy, we have diligent processes for
ensuring that appropriate licensing arrangements (open source or
otherwise) are in place for all code used in our products.
"Music is everybody's possession. It's only publishers who think that people own it." - John Lennon.
Ah, but during the discovery phase of a case, you are REQUIRED to tell the opposing side what evidence you have, what witnesses you will be calling, what you consider to be relevant case law and your take on it.
You don't "surprise" either side with evidence in a real court of law. Judges won't let you present evidence in court you haven't already shared with the opposition during discovery, unless it really is "brand new" evidence discovered after the trial has started. And if that actually happens, you'll often have a recess declared so the opposition has a chance to analyze the evidence.
So they lose nothing by presenting the relevant IP.
He wanted to screw up the software business model, which he succeeded in doing, but with the vary positive side effect of cuilding a cooperative culture of open software development with a fully functional service based business model behind it.
Umm, actually it was the reverse: He wanted to build (rebuild, actually) a cooperative culture of open software development, which had the side effect of potentially screwing up the software business model.
All of his speculations about how business models could be created around open source were an afterthought, an attempt to figure out how he could have the open software world he wanted, and had enjoyed so much at MIT, without making programmers unemployable.
Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
Rule 26(a) of civil court procedings states parties must disclose their evidense before the case goes in front of the bench IIRC. That is how people get court orders to look at internal and otherwise classified corporate documents.
I'm a loner Dottie, a Rebel.
Discovery occurs in civil cases as well as criminal. A quick trip to google will convince you of this.
See here for a nice description by the ABA of discovery procedures. That website, in fact, has a good description of how trials work in general.
According to CNET tonight:
Microsoft is acquiring the rights to Unix technology from SCO Group, a move that could dramatically impact the battle between Windows and Linux in the market for computer operating systems.
According to a statement from Microsoft, the company will license SCO's Unix patents and the source code. That code is at the heart of a high-stakes, billion-dollar lawsuit between SCO and IBM that could alter the computing landscape.
It refers to an article in the Wall Street Journal that I can't find.
Is this for real? Wouldn't it be that MS just got one licence?