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LinuxTag To SCO: Detail Code Theft Or Retract Claims
RoLi writes "Heise has a story (The babelfish translation sounds like a speech from Yoda, but the important facts are translated correctly.) about LinuxTag taking legal action against SCO. SCO will either have to retract their claims, disclose their "proof" (if it exists) or be fined. That's certainly good news."
Update: 05/26 17:25 GMT by T : Reader Fizz points to the more understandable LinuxTag press release (in English and German), and adds: "The notice, dated Friday, May 23, maintains that SCO Group is sowing uncertainty among the community of GNU/Linux users, developers and suppliers."
The english translation of the english translated version (just a sensible cleaning up of babel fish translating. I assume warned means file some kind of legal document. I didn't want to push the interpertation that far though.)
LinuxTag warned SCO that it is engaging in anti-competitive behavior. SCO has stated that Linux contains patented Unix source code whose patents are owned by SCO. SCO has also warned end users and companies that they could be held liable "for the use of Linux." SCO has not explained which parts of Linux are believed to contain the patented code.
The warning by Linuxtag now forces SCO to submit proof that Linux contains patented code, or to retract the statements. The unproven statements by SCO are causing economic damage to competitors that use GNU/Linux and are tarnishing its reputation.
Hans's Bavarian of SCO Germany has confirmed that the warnings have been recieved. SCO's attourneys are examining them. SCO however only wants to respond with a small statement clarifying its position. It does not want to divulge the proof until the trial against IBM. SCO sued IBM at the beginning of march for $1,000,000,000.
The expresso version:
LinuxTag is mad because SCO is saying to its customers that you could be sued because we might own some of the linux IP and you haven't paid us. LinuxTag called SCO out saying that is anticompetitive and either prove or retract your statements. SCO now caught between a lie and a legal brief doesn't want to until the trial with IBM. LinuxTag will probably tell SCO 'tough cookies' and possibly blacken the sky with paratrooping attourneys... maybe with some air support from IBM.
Karma: SELECT `karma` FROM `users` WHERE `userid`=138474;
It is a writing (or a writ) given by a lawyer to somebody. I think you call it "cease and decist" letters.
C. Sagan : A demon haunted world:
http://www.amazon.com/gp/product/0345409469/
visit randi.org
Not in the good old USA.
Under our system they can make the allegation threaten people, file suit, delay forever causing pain and suffering for all involved and never actually prove anything.
Note in federal court civil and criminal cases share the same pool of judges. Because the constitution mandates a speedy trial for criminal cases, there is a minimum 2 year wait for civil cases to come to trial in federal court So SCO theoretically could be crapping on everyones day for the next 2 years or longer before ever having to put up or shut up.
from the English index page...
A Good Idea Needs a Good Platform
LinuxTag is the largest Linux and Open Source fair in Europe. Our concept unites technical expertise and the special charm of the world of free software. This mixture has made LinuxTag the most successful event of its kind.
The Open Source culture finds its expression in the organization of the event: everyone is invited to play an active part in the preparation of the fair. At LinuxTag, innovative technologies are not only planned out in theory, but also made a reality.
Concepts. Information. Orientation.
The LinuxTag concept is tried and true. As a convention for professionals and a fair for a broader public, LinuxTag has something to offer every visitor. Users learn about the latest in applications; developers display their current products and inform one another about their work. Decision-makers and IT specialists gather information on the professional use of free software.
For young entrepreneurs, LinuxTag offers the chance to address specialists in the field face to face. This is the stepping-stone to turn new business ideas into successful strategies. LinuxTag sets the standards for the development of innovative concepts and powerful synergies.
Here's a human translation:
LinuxTag e.V. sent an "Abmahnung" [a legal document somehwat similar to a cease-and-desist letter, I think, but IANAL] to SCO because of anti-competitive behavior. SCO is claiming that Linux violates the company's intellectual property because Unix source code has been copied into the Linux sources, and they're warning Linux users that they might be liable when using Linux. However the company has not yet disclosed, which parts of Linux are actually affected.
The cease-and-desist forces SCO to either prove their claims or to take them back. "We cannot accept that SCO trys to use unproved claims to harm competitors by intimidating their customers and to damage the reputation of GNU/Linux as an open platform", said Michael Kleinhenz, LinuxTag e.V.'s spokesperson.
Hans Bayer, director of SCO Germany, confirmed having received three ceases-and-desist letters. They are currenlty examined by a lawyer. He could understand that the current uncertain legal situation is problematic for Linux companies. SCO would also aim for a quick resolution, however they will not present their proof until the court case against IBM. In early march, SCO had sued IBM for one billion dollars damages.
They organize a yearly Linux exhibition, called "LinuxTag" (which means "Linux day"), which according to them is Europe's biggest Linux exhibition. They're not direct competitors to SCO, however if SCO causes less people to visit the trade show or causes exhibitors to shy away from actually displaying Linux products, that will harm LinuxTag e.V., so that's why they can take legal action.
I don't know what they can do other than writing letters. In fact, I have to say that I'm quite surprised to see this move. I don't expect SCO to simply accept their demands, so unless all they wanted is some free press coverage, they'll have to sue SCO.
Sig (appended to the end of comments I post, 54 chars)
Tell her that 'daemon' actually means something closer to "guardian angel" than "demon".
From the Merriam-Webster Online dictionary entry for demon:
1 a : an evil spirit b : a source or agent of evil, harm, distress, or ruin
2 usually daemon : an attendant power or spirit : GENIUS
3 usually daemon : a supernatural being of Greek mythology intermediate between gods and men
All of those daemons running in the background on your machine are attendant spirits. The name has been rationalized by calling it an acronym for Disk And Execution MONitors, but acording to the Jargon File it was originaly based on the second or third meaning quoted above.
Well I missed this one today on slashdot:
Advise from Gartner:
The lawsuits against IBM and Linux users could take a year or more. Minimize Linux in complex, mission-critical systems until the merits of SCO's claims or any resulting judgments become clear.
SCOs Threat to Sue Linux Users Serious butRemote
This keeps coming up. The answer is "no."
It's been a few years since I took my college German classes, but if I recall correctly from that class, Germany has some very strong laws meant to protect the good names of people, companies and organizations. If I go about talking trash about you, your company, firm or organization, you have the right to present me with an Abmahnung. It's not a "cease and desist" letter, it's a "put up or shut up" letter.
What the Abmahnung does is creates a legal obligation for me to present evidence to prove my claims--or else I'm legally enjoined from continuing my trash-talking, under penalty of a very hefty fine.
So no, LinuxTag hasn't just sent SCO a nastygram. They've sent SCO a nastygram with teeth. From here on out in Germany, SCO has three choices: they can either prove it and keep talking, they can keep talking and pay a huge fine, or they can shut up.
ObWarning: it's been a while since I took my college German studies, and even longer since I was a foreign exchange student in Germany (where my host father was a German prosecutor). This is all based on my best recollection.
it a community and i am proud to be part of it. i am part of the translation team and we translated the website to english http://www.linuxtag.org/2003/en/index.html linuxtag EV is an association registered in germany and linuxtag is a congress and expo they organize every year and its the biggest open source event in europe. so its not like comdex sueing motorola for abusing ericsson. we are part of teh open source community and we feel concerned and an association is the best way to defend our interest. i am neither german nor do i live in germany, but i have to say the guys are organized and at least someone is doing something about this!
who wants to rule the world?
> "I'd like to see a date put on this."
/ Jan/1184.html
>
> A quick search on google resolved this.
You are looking at a link that formatted the email wrong.. check out this link:
http://lists.insecure.org/lists/linux-kernel/2003
As you can see.. Stallman was *quoting* an email. He did not make that statement. If you look at the email it was in reply to, you would be able to figure that out..
*bzzt*, wrong.
Linuxtag is a trade fair, but Linuxtag e.V., the legal body behind the fair, is an "eingetragener Verein", which is essentially german for tax-exempt non-profit organisation.
All german "e.V."s have a "common good" purpose in their charta. That of Linuxtag e.V. almost certainly reads something like "to advance Linux in the business world". Certainly, stopping harm against the community falls flat within that purpose.
Also, german Wettbewerbsrecht (law about fair competition) allows almost everyone to bring a lawsuit against someone violating it. This was done to make sure that consumers, even would-be consumers (e.g. I'd love to buy that X, but company Y has driven them out of business using unfair means, so I'm not a customer of either, legally) have a standing.
I know Till (the lawyer here) in person. He's a good guy, and he certainly knows what he's doing.
Assorted stuff I do sometimes: Lemuria.org
Perhaps it was copied and the names of things altered? Perhaps the same basic information was obtained separately?
At least as I recall, the files in question were primarily raw information such as contants and declarations, and not actual executable code. (IANAL, but...) it is a well established that raw information is not copyrightable. Only specific expression and derived works can be the subject of copyright.
Of course, that doesn't mean you can't try to sue. It only means your case will be without merit if the copying is limited to basic information (not misappropriated trade secrets). Maybe SCO's claims are as groundless, maybe they really do have a case. Maybe LinuxTag will force them to disclose the evidence (or lack thereof) sooner, or maybe we'll all just have to wait for the public disclosure by the court.
But that episode where one of the BSD developers got slashdot to post his troll/flame didn't appear to go anywhere, and the overwhelming majority of (highly moderated) comments at the time were noting that the claimed copying was only header files consisting primarily of raw information that probably isn't protected by copyright.... and that the polite thing to do would have been to give credit in the comments, if it were copied (which still wasn't clear).
PJRC: Electronic Projects, 8051 Microcontroller Tools
First, an "Abmahnung" is not a lawsuit. It's an out-of-court attempt to enjoin somebody (in this case a competitor) from doing something, in this case presumably continuing dishonest business practices. The case goes to court only if the competitor does not agree to discontinue the objectionable activity.
In essence, an "Abmahnung" is a cease-and-desist letter with teeth. If you receive one, you have the option to either agree to stop doing something AND to pay a heavy contractual fine if you violate this agreement; if you refuse, that the plaintiff can ask for temporary injunctive relief from a court.
This process is fast: typically you are given only 1-2 weeks to respond, and after that, temporary injunctive relief can be granted. Unless SCO can provide evidence for their claims, they will eventually be permanently enjoined from pursuing current anti-competitive practices.
Note also that under German anti-competitive law not only direct competitors can pursue this kind of legal action, but also various kinds of organizations that represent consumers or competitors (so-called passive legitimization).
(Disclaimer: This is somewhat simplified, I don't know all the details of the case, and finally, I'm not a lawyer.)