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Australian Linux User Group Fights Back Against SCO

ashitaka writes "The Sydney Morning Herald is reporting that an Open Source group has gone on the offensive in response to SCO's latest demands that Linux users must buy a Unixware license to avoid any possible future unpleasantries. 'Open Source Victoria today filed a complaint with the Australian Competition and Consumer Commission, asking it to investigate SCO's activities in light of 'unsubstantiated claims and extortive legal threats for money' against possibly hundreds of thousands of Australians.' I especially like the last bit: 'One feels that this whole fiasco is the IT industry equivalent of a Nigerian scam or internet extortion ploy.' Oh yeah.."

27 of 504 comments (clear)

  1. Patriotism... by Anonymous Coward · · Score: 5, Funny

    Aussie Aussie Aussie!! OI OI OI!!

  2. This is welcome news by harryk · · Score: 5, Interesting

    This is truly welcome news. The community there is actually standing up, which, honestly, is more than I can say for the general LUGs here in the states. I am not referencing IBM, I know that they've got to keep quite until their day in court. But aside from the random ranting, I haven't read very much about Linux standing up against SCO. Understandably, there is little to defend, since SCO has been too vague.

    Additionally, I really enjoy Linus' comments in his recent interview.

    Good work guys!

    --
    think before you write, it'll save me moderator points.
    1. Re:This is welcome news by falonaj · · Score: 5, Informative
      But aside from the random ranting, I haven't read very much about Linux standing up against SCO.

      In Germany, SCO was already stopped by a court to continue unproven claims about copyright violation in Linux - on the grounds of law against unfair/untruthful marketing.

      If the Australians are successful with their complaints, then hopefully North Americans will be at last inspired to do similarly.

    2. Re:This is welcome news by quigonn · · Score: 5, Informative

      A sign that clearly shows how successful the legal action against SCO Germany was is SCO Germany's website.

      And I can tell you, SCO is going to get even more big problems with the assertion that SCO will license Linux to companies. Since SCO doesn't own the complete copyright to Linux, licensing it under a different license than the GPL and earning money with these licenses is a crime in Germany and Europe. This can get the CEO of SCO Germany 2 years in prison.

      --
      A monkey is doing the real work for me.
  3. Re:Good job! by ultrabot · · Score: 5, Insightful

    ... and before anyone starts whining, this is of course not technically a lawsuit (yet). But investigation by a public commission might be even better, as things there are not dictated simply by who's got the most money.

    Someone (Mad Dog?) said that Linux and OSS are international treasures that should be protected, and government intervention might be just what we need. Obviously US government would never intervene (Bush & all), but there is hope that e.g. EU or Oz might have something to say.

    --
    Save your wrists today - switch to Dvorak
  4. Bravo Ozzies!! by haruchai · · Score: 5, Insightful
    I hope that they put the boots to SCO. Whatever their contributions to Linux as Caldera, this is flat-out extortion, built on as yet unsubstantiated accusations. All this to drive up their stock price and extort money from IBM. No matter what the outcome of this, I will never do business with any future incarnation of SCO ( let's hope there are none) nor with any company that their executives end up leading. I hope that the rest of the community remembers this for a long time to come.
    --
    Pain is merely failure leaving the body
  5. Many hands make light work by arvindn · · Score: 5, Interesting
    Just like many eyeballs make bugs shallow, the distributed nature of the community could work to our advantage here. If we fought them separately in each country, we would be fighting from a position of strength, wouldn't we (not to imply that we aren't already...) Just a thought.

    BTW, /. should probably stop posting SCO stories every few hours and have a "Weekly SCO digest" feature (or "SCOback" like slashback) or something like that.

  6. Breaking news by Rude+Awakening · · Score: 5, Funny

    More news from the SCO front: Recent revelations that SCO copyrights did not extend to the NUMA, SMP and RCU code in Linux has lead to a new copyright audit by SCO's legal team to investigate the copyright status of Synchronous Queue Utilization Auto Tracking code (SQUAT).

    "It appears from our latest audit that we may not have aquired SQUAT when we purchased AT&T's System V code."

    When asked how this would effect SCO's plan to license the Linux kernel, "We never really believed that SQUAT had been copied from the UnixWare source code into Linux, so the fact that we don't own SQUAT has little bearing on our plans to sell Linux kernel licensing"

  7. File an SEC complaint by kuwan · · Score: 5, Insightful

    I suggest that those of us that live in the US do the same and file a complaint with the Securities and Exchange Commission (SEC).

    You can file online here.

  8. OSV is an industry cluster, not a users group by cyanide · · Score: 5, Informative

    From the website:

    "OSV is a marketing, advocacy and focus group, which aims to raise the profile of Open Source Software (OSS) in Victoria."

    --
    Ven. Jhanrato
  9. Evil! by urbanbrian · · Score: 5, Insightful

    SCO..
    Microsoft..
    DirecTV..
    MPAA/RIAA..

    Did I miss something? Is this the Chinese "Year of the Evil Corperation"? Is modern business even legitimate business anymore? When did the underlying ethic behind fair competition become, "Enlist your friends, sue your enemies"?

    Maybe if we stuck all SCO/Microsoft/MPAA/RIAA/etc's lawyers in a Monty Python worthy blender, grinding them into a fine red (or black, as some might claim) paste, we'd have enough environmentally friendly biodegradable waste to restore a rainforest somewhere.

    Finally, a practical use for lawyers..

    --
    They came, they saw, they left, disguisted.
  10. This is what I sent by nihilogos · · Score: 5, Informative

    You can file a complaint supporting OSV at http://www.accc.gov.au/about/fs-contact.htm - look for the complaint form.

    Dear Sir / Madam

    As the representative of a small business (XXXXXX) I am writing to support a recent complaint filed by the Open Source Victoria regarding the actions of the SCO Group.

    SCO is making unspecific and unsubstantiated claims that it owns copyright pertaining to the Linux PC operating system. It is asking any companies using Linux to purchase licences or face the threat of legal action.

    Would you please investigate the claims that SCO is making so that small businesses and other companies are not pressured into making unwarranted payments.

    Sincerely,

    --
    :wq
  11. Tomorrow's news headline by Anonymous Coward · · Score: 5, Funny

    Change of strategy-
    SCO's Darl McBride states that Linux users in Australia and Germany are indemnified from potential litigation at this moment. McBride, in his trademark bold manner of speech, continues, "cuz they are all good folks, ya'know."

  12. Standing up against SCO is important by LinuxGeek · · Score: 5, Informative

    Because this is a battle of credibility at the moment. With no actual evidence on the loose, people will believe what appears to be the most credible information. The more people that fight and the fewer that roll over for SCO, the better it will be for the Linux community.

    The more Linux groups fight back, the more the casual and business users will disregard the threats from SCO. The more dignified resistance we put forward, the more credibility the non-computer press will give us. I think this is great news coming in from Australia.

    --

    Kindness is the language which the deaf can hear and the blind can see. - Mark Twain
  13. Re:The joke is on them. by Anonymous Coward · · Score: 5, Funny
    I got a few interesting pieces of spam today.

    The first, "Your IP address is being broadcast to the entire world every time you use the Internet! Send us money!"
    The second, "You are using Linux! Send us money!"
    And apparently someone thinks my penis isn't long enough so I should pay them for that too.

  14. Re:Why bother standing up? by LinuxGeek · · Score: 5, Insightful
    Why not just ignore it? You get a nastygram from them, throw it out.
    I have to respond again to add this:

    If a lawsuit happy company contacts you directly, do not just 'throw it out', show it to a good lawyer. Since you are linking to college-paintball.com, it appears you may still be in college. That usually means a limited exposure to the Real World(tm), remember these important items.

    - Any lawsuit can be bad news, even if you are right.
    - Most good liars can convince judge and jury.
    - A half-hearted defense looks like a guilty defense.
    --

    Kindness is the language which the deaf can hear and the blind can see. - Mark Twain
  15. In Australia by hayden · · Score: 5, Funny

    We call a spade a fscking shovel mate.

    --
    Nerd: Derogatory term typically directed at anybody with a lower Slashdot ID than you.
  16. URGENT REPLY REQUESTED by l0ungeb0y · · Score: 5, Funny

    FROM: Mr. Darl McBride

    A close business friend has given me you electonique address for communication as I have PRESSING CIRCUMSTANCES that require your assistence.
    You see, I Mr. Darl McBride Esq. have a sum of US $100,000,000,000,000.00 due to me but can not on my own acquire these outstanding funds. You see I am the PRIME MINSTER OF CALDERA IP and as you may know have been DRIVEN INTO EXILE by IBM and their TYRRANICAL LINUX CONSPIRATORS AGAINST OUR SOVERIEGN NATION. Our matter of greatest importance demands that WE SEEK YOUR HELP. In return for assisting me, I will provide you 30% of the US $100,000,000,000,000.00 (US $30,000,000,000,000.00), all you need to do is provide me with your bank account number, a fascimile of your SOCIAL SECURITY NUMBER, VALID DRIVERS LICENSE OR ID and CONSENT TO OUR NDA and LICENSING AGREEMENT.
    YOU SEE, YOU HAVE MUCH TO GAIN and I trust and pray that you will provide us the assistence we require in this time of need.

  17. Re: Global SCOresheet... by Black+Parrot · · Score: 5, Funny


    > France: Do the French use computers?

    Yes, they just call them something else.

    --
    Sheesh, evil *and* a jerk. -- Jade
  18. Phone it in! by StrayLight · · Score: 5, Informative

    As someone who works down the hall from the people at the ACCC who will end up handling these complaints, I should probably mention that they generally prefer contact by phone, rather than over the website's complaint form.

    The number is 1300 302 502.

    They'll want to ask you questions, and in theory they will just call you back if you put a complaint in through the web.

  19. Australian LUG,,, by bytesmythe · · Score: 5, Funny

    Bruce: Gentlemen, I'd like to introduce a chap from across the pond who's going to be joining us here at the 'Straylian LUG.
    Bruces: G'day!
    Darl McBride: Hello.
    Bruce: Darl McBride, Bruce. Darl McBride, Bruce. Darl McBride, Bruce.
    Bruce: Is your name not Bruce?
    McBride: No, it's Darl.
    Bruce: Mind if we call you Bruce to keep it clear?
    Bruce: Gentlemen, I think we better start the LUG meeting. Before we start, though, I'd like to ask the padre for a prayer!
    Bruce: Oh Stallman we beseech thee!
    Bruces: Amen!
    Bruce: Crack tube!
    Bruce: Now I call upon Bruce to officially welcome Mr. McBride to the 'Straylian LUG.
    Bruce: I'd like to welcome the slimy bastard to God's own OS, and remind him we don't like stuck-up sticky-beaks here.
    Bruces: Hear, hear! Well spoken, Bruce!
    Bruce: Bruce here is a kernel hacker, Bruce here is a system administrator, and Bruce here checks source code for copyright infringement. And is also in charge of the BitKeeper repository.
    Bruce: What's New-Bruce going to do?
    Bruce: New-Bruce will attempt to undermine the legality of the linux source code, mislead the public about the nature of SCO's copyrighted code, question the validity of the GPL, and possibly have a secret partnership with Microsoft to reduce the spread of linux in the server and desktop markets by using a smear campaign.
    Bruce: But that's a load of bullsh%t!
    Bruce: Awwww spit!
    Bruce: Howls of derisive laughter, Bruce!
    Bruces: Australia, Australia, Australia, Australia, we love ya! Amen!
    Bruce: Another tube!
    Bruce: Any questions?
    Bruce: New-Bruce, Are you a monopolist?
    Bruce: Are you a monopolist?
    McBride: No!
    Bruce: No. Right, I just want to remind you of the LUG member rules:
    Rule 1: No monopolists!
    Rule 2: No member of the LUG is to use SCO source code in the linux kernel... if there's anybody watching.
    Rule 3: No monopolists!
    Rule 4: Now this term, I don't want to see any member of the LUG not infringing on SCO's copyright.
    Rule 5: No monopolists!
    Rule 6: There is no!--- Rule 6!
    Rule 7: No monopolists!
    Right, that concludes the reading of the rules. Bruce!
    Bruce: This here's the penguin, the emblem of our source. You can feed it nasty SCO code, if you don't get caught, of course. Amen!

    Liiiiinuus Torvalds was nearly bald and made his own O-S, and linux it was called.
    Billy Gates came to take it away, but his server couldn't cut it. Linux was here to stay!
    Big Blue, Big Blue was supporting it too, and linux's growth seemed assured.
    Then Darl McBride came along and tried to sucker punch linux in the gut.

    There's nothing Stallman wouldn't call 'em when it came to G-P-L.
    He figured all the naysayers could die and go to hell!

    Buuuut linux wasn't taken and linux wasn't shaken. It wouldn't be that easy to kill(1)
    The penguin's here to stay, and if McBride won't play he can take his silly lawsuit and go away.
    Billy Gates, Billy Gates just stews and waits for the day when his junk is obsolete.
    And come that day we'll all go play Doom 3 on our linux boxen. Sweeeeet!

    Yes McBride can take his silly lawsuit and just go away.
    'Cause the GPL will hold up and open source will save the day!

    ====

    Sincerest apologies to Monty Python. And Australia, too. And linux... And the Australian LUG... And anyone mentioned in the above spoof. I'm truly sorry. Really. (And for the fact that the song meter isn't exactly correct... and that many of the facts mentioned are probably distorted. It's all just a joke, I promise!)

    --
    bytesmythe
    Hypocrisy is the resin that holds the plywood of society together.
    -- Scott Meyer
  20. Re:Good job! by evil_roy · · Score: 5, Insightful

    This is actually better than a lawsuit. The ACCC has real teeth in Australia and can demand and enforce instant compliance. The fact that they use these powers for somewhat dubious outcomes is a point of contention here, but a referral their way has to be at least investigated.

    These guys love publicity and this is win/win for them. They get to flex some muscle and no Aussie company(read Packer or Murdoch) will be asked to do anything.

  21. Anyone have the writing skills to do this in EU by zander · · Score: 5, Informative
    The europe equivalent can be found here

    I'm not much of a writer for this kind of stuff; but I hope this link will make others interested to the possebilities!

  22. Re:Has there really been a court-case in Germany? by falonaj · · Score: 5, Informative
    Has there really been a court-case in Germany which stopped SCO from unproven claims about copyright violation in Linux - on the grounds of law against unfair/untruthful marketing?

    Yes. A court ordered SCO not to make these claims against Linux until they could be proven in a full court case. To avoid a public court case in Germany, SCO signed a contract saying that they will pay 250.000 Euro if they continue such claims and took their German web site off-line.

    A German article with Babelfish translation, another English article.

    Several people submitted this story at the time, but somehow it got rejected.

  23. Re: Good job! by lovebyte · · Score: 5, Funny

    They might intervene to kill it off...

    Linux is a Weapon of Microsoft's Destruction.

    --

    I'll do it for cheesy poofs.

  24. Re:Shows U.S. legal system is part of the problem by kcbrown · · Score: 5, Insightful
    The lottery of trial by jury, abolished for good reason in almost all other western democracies, means that SCO could actually win this case in the U.S., while the rest of the world tells them to go jump in a lake.

    The problem isn't the trial by jury. In the U.S. it's widely believed that it's supposed to be a trial by a jury of your peers. To me, that means people you interact with regularly, or who are likely to have shared similar experiences to you, so that they have the capacity to judge you appropriately based in part on the insight their experiences bring.

    But the Constitution calls for an impartial jury, and as a result the concept of a jury of one's "peers" has completely disappeared, to be replaced by a lottery system that almost guarantees that the people sitting on the jury will almost certainly be unable to properly judge you.

    I think trial by jury may well be a sound concept when done right, but unfortunately it's not done properly at all here in the U.S.

    --
    Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
  25. Much better term for our sound-bite world by Empiric · · Score: 5, Insightful

    I'm glad to see the term "extortion" is now getting widespread press. The previous common description for SCO's activities has been "FUD" (apparently Linus' preferred term), and this unfortunately implies a semi-respectable strategy that many tech companies employ against competing products.

    It's important not to underestimate the effect that labels can have in arguing one's case in a busy, harried world of people marginally familiar with an issue. Calling something "FUD" might not sway an IT manager or politician for whom the SCO issue is not completely clear; calling it "baseless extortion" is much more likely to raise the kind of ire needed to counteract this particular FUD in the mindset of the public and relevant decision-makers.

    --
    ~ Whence do you come, slayer of men, or where are you going, conqueror of space?