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Culture Clash: SCO, OpenLinux, Linus And The GPL
hobsonchoice writes "SCO has issued a letter saying SCO Linux customers won't be sued. The same does not seem to apply if using a non-SCO distribution such as RedHat." LightSail points to the SCO letter itself, and raises an interesting point: "If they approve the use of 'their' IP in Linux in a single kernel, then the GPL holds that IP SCO allows to be used by a select few must be freely released to any and all. It appears that all Linux users everywhere were just given a license to continued use of Linux even if SCO would win their suit with IBM." And Haikuu writes "eWeek recently posted an interview conducted by e-mail exchange with Linus Torvalds regarding his recent move to the OSDL and the SCO suit."
if they are allowing Caldera linux users to continue as it is, I'm fairly certain that as a GPL'ed product, if SCO determines they are going to release their linux kernel as a proprietary object with or without open source, they're opening themselves up to hundreds of lawsuits from kernel developers who haven't licensed that action.
In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
A couple thoughts spring to mind:
1. What the HELL were you protesters thinking by putting your arms around this guy and turning it into a photo-op for him? I mean, the windows refund day fiasco was bad enough. But are we serious about protesting or not?
2. The more I read, the more I think this is going to come to a legal test of the GPL.
3. As someone has already pointed out, it's a fine line between granting a license and choosing to not enforce copyright violations from their own customers. It's assinine that they could even suggest their own customers are violating a copyright by using software which THEY sold to them, but it will make for a very interesting legal battle.
4. Does anyone have any stories of how Linux customers of other distributions are being damaged? Of how other Linux-derived companies or employees are being harmed? I think it's time to create a mailing list somewhere of people who feel they are being harmed by SCO's actions.
There is something to this. However, if it were the case that some code included in the Linux kernel weren't distributable under the GPL, it would be illegal to distribute it at all. Why? Because all of the rest of the code, going back to the original bits written by Linux in 1991, is under the GPL. Combining that code with other code creates a derivative work of that code. Under the GPL's famous viral provisions, any derivative work of GPL'd software has to be distributable under the terms of the GPL (ie, you can add code which is GPL'd, or you can add code under another license that does not conflict with the GPL).
So if there is violating code, SCO has no right to "bless" redistribution unless they agree to non-GPL licensing terms with EVERY SINGLE KERNEL DEVELOPER who contributed non-offending source. If they are implying that distribution of their linux kernel is legal, therefore, it implies that they are offering whatever portions they claim ownership of under the terms of the GPL. If not, they are infringing upon the copyrights of hundreds of kernel developers.
"(Man) tries to live his own life as if he were telling a story. But you have to choose: live or tell." --Sartre
Redhat can make the same claim that SCO is making about distributing Linux code. "We didn't know that code was in there." If not even SCO knew the code was in there when SCO was distributing Linux, how could Redhat be held liable?
If they attempt to sue a Linux company or a linux user for using Linux, they will have to reveal in court, in public, all duplicated code in question. Once that happens (if this duplicated code actually exists), you can bet your $$ that code will be gone from Linux in less that 12 hours.