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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"?"
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Need to calculate something?
Either way, the spectre of "intellectual property" has been brought up to Corporate America. Boards and CEO's who get gunshy when the litigation is aimed at them are going to be skeptical about liability and open source software.
The point has been brought to the board rooms, and I don't know see what it can do other than hurt the cause.
Statements made by SCO CEO Darl McBride and senior vice president Chris
Sontag indicate that SCO has been illegally selling and distributing software
that is in violation of the GPL. SCO first became aware of the problem late
in 2002, but has done nothing to protect customers or inform them about which
parts SCO distributed illegally. The company claims this information would
damaged their lawsuit against IBM.
SCO did not stop selling the infringing software until May 14 2003, and is
still distributing it from ftp.caldera.com.
Customers who purchased or downloaded SCO software demand the following
things:
1) A complete refund of the purchase price for any software SCO distributed
illegally.
2) Any infringing source code or intellectual property must be revealed so it
can be replaced. Any source code or intellectual property that infringes and
is owned by SCO must be released under the GPL or relevant license.
3) If SCO wins or settles its lawsuit with IBM, a portion of the money must
be returned to SCO customers who were put in legal jeopardy because SCO did
nothing protect them.
Many claim that the lawsuit against SCO is simply a bid to be purchased. If
the company is purchased, the buyer may be liable instead.
Of course the GPL is viral. There should be no question of this, but the question one should ask is "Is that a bad thing?". This was Stallman's goal. 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.
.NET Studio EULA. It speaks for itself.
Clearly the GPL has benefitted many people and businesses. The fact that Microsoft isn't collectively smart enough to figure out a business model that will allow them to benefit from it isn't anyone's problem than theirs, and certainly doesn't make the GPL a bad thing.
The GPL established a structure where developers can leverage the vast amounts of work released by others for the relitively cheap buy-in of licensing the nw derivative code using the same license. This is not an unreasonable obligation by any streach of the imagination. As for it being viral, if you don't agree to the terms of the license, you are free to avoid building your work on top of code licensed in this way. In the case of SCO, of they were so neglegent as to fail to observer the license constraints they were adopting, through contributing to GPL-licensed software, this is their own fault. This does not in any way reflect poorly on the license. It is written in plain language, and the text of the license represents possibly the most widely distributed and available legal contract in history.
The nature of the GPL supports a specific development and business model which is inconsistant with certain other models. If Microsoft, SCO and others wish to benefit from software developed under this model, they must accept the simple and streight-forward license terms.
For an entertaining afternoon, print out and compare the GPL to the Microsoft
--CTH
--Got Lists? | Top 95 Star Wars Line
But then the focus switches to Linux, how it could have inside "stolen" code, and how everyone could be violating their IP... and there the things are more darker for SCO. Either the offending code could be replaced, or they validated the code addition releasing that code with the GPL license, or they are plain wrong. In any case, I hope the bribe they got to do all of this is enough to live the rest of their lives because no one will buy something from them ever again
Sure you do. If you don't tell the other party then it will not be admitted as evidence. Second as pointed out multiple times, You have a DUTY to mitigate damages. By not publishing the alledgedly offending portion, coupled with the fact the code is out in the open, prevents them from collecting damages from anybody but possible IBM.
Help fight continental drift.
It is NOT the purpose of a trial to "discover the truth and deal with it." It is the purpose of a trial to determine whether a specific set of charges brought by the plaintiff against the defendent are true (and, if they're true, what relief the plaintiff should get for the damage he has suffered). A civil trial is not a "truth commission." It only deals with a fairly narrow set of facts. When one party to the suit knows that it has the facts on its side, it KNOWS that the other side is going to try to present those facts in a totally different light or lie in order to interpret the facts in a different way. That means that neither party wants to give away its strategy or interpretation of the facts until legally required. It would be like the general of an invading army faxing his battle plan to the army he was attacking. It would be stupid.
For example, IBM markets linux. Of course they did not write all of the code. Now suppose a devious linux developer were to insert say, all of some propriatey IBM application into the kernel code. If IBM does not check the code line by line they wont know it when they go to release the next edition of their variant of Linux that includes this new kernel. Thus IBM would have been duped in to releasing their own proprietary code. No reasonable person would think they were bound by the GPL.
Some drink at the fountain of knowledge. Others just gargle.
If SCO were really concerned about losing IP, they could have discreetly contacted the parties in question, demonstrated their case, and maybe worked out some kind of licensing agreement.
My recollection is that their original claim was that they did contact IBM first, and after looking at the claims IBM told them to go fuck themselves.
However, it's hard to tell what the SCO management is thinking, because they've changed their story so many times that it's really looking more and more like a shakedown - but at the same time, it'd be even worse for Linux if their bullshit turns out to be true. They started out by going after IBM, and making those stupid bicycle/car comparisons; next they threatened other Linux vendors, claiming that parts of SCO's IP were in other pieces of the OS besides the kernel; then they claimed that the Linux kernel itself has SCO's source code, and now they even claim that this was the case before IBM started doing Linux development. I don't think this has helped their case much.
SCO's original complaint was actually sort of vague; now that they've moved on to claiming that specific bits of code have been lifted by non-IBM developers, they just sound incompetent for letting this go on for so long while they continued to distribute Linux. In the worst case, if the claims hold up, they're a bunch of incompetent morons. Either way, they've now backed themselves up against a wall - this leaves them wide open to a countersuit if they can't back up their words.
A blanket statement like that has no legal value, as it does not allow for the alledged offender to take any specific actions.
If they want anyone to stop using Linux they need an injunction, and in asking for that they need to be specific.
The judge will not grant this as they clearly have shown that the potential damage in granting this is much higher than not doing. There is no irreparable damages since they were years late in doing this.
Second if the judge grants it, they will most likely be asked to post a bond, much higher than they can afford.
Thirdly: If they are not already dead-meat, They surely will be when the suits for damages starts rolling in.
Help fight continental drift.
Correct me if I'm wrong but I was under the understanding they had entered a motion to have the case sealed..
While its true they will have to release evidence in court to the other party as part of due process, ( though I originally thought that only applied to criminal cases, not civil, but ill take everyone's word for it that I'm wrong ) they don't have to release to US.. and if its sealed, they CANT...
and I still say that would hurt their case.. ( even if they are nuts )
---- Booth was a patriot ----