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IBM Countersues SCO, And More!
mr.crutch writes "Few details are available, but CNet is reporting that IBM has filed counterclaims against SCO. CNet also has an interview with Red Hat CEO Matthew Szulik..." Jizzbug writes "Thanks to the folks of K5, we can all obtain our rights to use the Linux kernel from SCO, and without paying up to SCO's extortion. If kernel.org kernels aren't safe, sco.com kernels certainly ought to be." LWN has a copy of SCO's Linux License for your perusal. Bruce Perens is speaking of the dangers of patent portfolios to open source software, notable because IBM's counterclaims include patent infringement. And finally, a company is selling SCO Check, a tool to de-SCOify your Linux system, if SCO ever presents any evidence whatsoever of infringing code in Linux. Update: 08/08 00:16 GMT by T : SCO's public response to IBM's counterclaim is short and to the point. Among other things, it says "If IBM were serious about addressing the real problems with Linux, it would offer full customer indemnification and move away from the GPL license." Given the other links in this story, perhaps SCO should go first on that count.
I first became concerned when I noticed our mail administrator returning from a meeting with our comapny's board of directors. The conversation had gotten rather heated, as there had been a good deal of shouting and cursing coming from the board room. Two days later he was fired.
Rumors began spreading when 3 more people were laid off under similar circumstances, and the general consensus was that these people had been unfairly screwed by management.
I had no idea how true those rumors were. I soon found myself before the board of directors, being asked what I thought about purchasing Linux lisences for our servers from SCO. I answered truthfully: that not only was such an investment a waste of money, but that SCO's claims regarding intellectual property in Linux were questionable at best. My supervisor considered this thoughtfully for a second, nodded, and the secretary locked the door of the office. Two of the directors, with deceptive strength and agility, bound and gagged me. My memory is somewhat blurry about this part, but I remember having my pants torn from my waist, and then all of the board members took turns ravaging my virgin cornhole. The rumors were true: there I was, being screwed by management because of my opposition to SCO's Linux IP claims .
In the kind of shock that only comes with a brutal ass-raping, I stumbled back to my desk, thankfully unaware of the small stream of blood and man-cheese that had stained my underwear, oozed down my leg and began to pool in my shoe. To complete my utter humiliation, I was given my pink slip 3 days later, before I had even recovered from my ordeal.
I have always been concerned about SCO's dubious legal claims, but I could never have prepared myself for the amount of personal violation that opposing the conglomerate would bring.
There's a Mercedes gap too. I want one and can't afford one, but it's not government's job to do anything about it.
I was raped by the invisible man once.
Especially with the new management coming in.
MS licensed SCO's technology.
They dont steal code, they actually run a legitimate business. Not like IBM, probably the worst anti-trust offender in computing history.
I don't need no instructions to know how to rock!!!!
Is it just me or am I wrong in stating that the license is fallacious because they keep referring to the "linux operating system". Last I checked, Linux was a kernel surrounded by GNU tools to make a complete operating system. Would that make the license itself a potential legal target for the FSF? RMS, are you listening?
That's right. CNN has an archive of info relating to these licensing issues here.
Oops, I munged the link: try this instead.
IBM has more seasoned lawyers that specialize in patent cases than SCO has employees.
Actually, this is true. Read CNN's article for the full story.
Yeah, but IBM isn't using its patents against SCO's Linux distro?
The fun part about patents is that one can selectively apply/enforce them (give or take GPL restrictions; i can't remember what the GPL patent policy is and i'm not in the mood to re-read the legalize right now). This is different from copyright and trademarks, where failure to enforce with one infringer may set bad precedents when followup infringement is alleged. Copyrights are safer in this, in that a copyright holder can apply a license retroactively to the infringer they didn't care about. Trademarks are more risky -- you don't enforce it once and you can lose it entirely.
IP isn't one thing. Trademark, Patents, and Copyrights are all different.
"But remember, most lynch mobs aren't this nice." (H.Simpson)
-- Joe
It's about time Linux users ponied up, and ironic that it's crap software. The only question is who gets to send out the bill... big blue with it's 1billion dollar investment or poorly managed SCO.
It think the one thing most of you are overlooking is that the SCO suit doesn't go to trial for a few YEARS. This hurts Linux more than anything could possibly... all the competitors have to say "is look at this suit... do you want to take the risk of investing your money in what some might call questionable software and be forced down the road to pay out the nose or get sued for using it?"
This counter suit is about IBM throwing alot of mudd and money at SCO to force them to back down... long history of that on IBM's part. The question though still remains. If SCO is bought by say MS, will the patent/IP question remain? If IBM gets it, will they lock up Linux into a real license and force everyone to pay?"
BRAVO! BRAVO! BRAVO! BRAVO! BRAVO! BRAVO! BRAVO! BRAVO! BRAVO! BRAVO! BRAVO! BRAVO!
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This might mean more than what you read here, so be careful. My former employer was considering acquiescing to SCO's lisencing demands, and because of my objections, I ended up losing my job.
I first became concerned when I noticed our mail administrator returning from a meeting with our comapny's board of directors. The conversation had gotten rather heated, as there had been a good deal of shouting and cursing coming from the board room. Two days later he was fired.
Rumors began spreading when 3 more people were laid off under similar circumstances, and the general consensus was that these people had been unfairly screwed by management.
I had no idea how true those rumors were. I soon found myself before the board of directors, being asked what I thought about purchasing Linux lisences for our servers from SCO. I answered truthfully: that not only was such an investment a waste of money, but that SCO's claims regarding intellectual property in Linux were questionable at best. My supervisor considered this thoughtfully for a second, nodded, and the secretary locked the door of the office. Two of the directors, with deceptive strength and agility, bound and gagged me. My memory is somewhat blurry about this part, but I remember having my pants torn from my waist, and then all of the board members took turns ravaging my virgin cornhole. The rumors were true: there I was, being screwed by management because of my opposition to SCO's Linux IP claims
In the kind of shock that only comes with a brutal ass-raping, I stumbled back to my desk, thankfully unaware of the small stream of blood and man-cheese that had stained my underwear, oozed down my leg and began to pool in my shoe. To complete my utter humiliation, I was given my pink slip 3 days later, before I had even recovered from my ordeal.
I have always been concerned about SCO's dubious legal claims, but I could never have prepared myself for the amount of personal violation that opposing the conglomerate would bring.
beer me...you know the rest
1799 Vintage Oak Ln
Salt Lake City, UT 84121
(801) 424 - 2006
And please, dont sign this guy up for lots of junk catalogues by abusing this google search; snailmail dos
oh all right go for it.
Think IBM is your friend?
Only if your interests are the same as IBM interests!
IBM will not indemnify customers for IP claims against Linux; that is how confident they are that there are no valid claims.
It isn't over until the last judge speaks.
You would do well to remove all IBM contributions, and anything derived from IBM's contributions from the kernel! It will only be more difficult in the future.
Sorry to rain on your parade, but you are celebrating prematurely.