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Is the SCO Lawsuit a Good Thing for Linux?
Jack William Bell writes "The National Post is running an essay by Wynn Quon entitled 'Linux's lucky lawsuit'. In it Quon claims that (A) SCO is going to lose (saying ". . . SCO is a toad about to face a steamroller.") and (B) the Linux community needs exactly this kind of 'inoculation' as the OS moves from a hobbyist platform to a real business tool. Good analysis or unwarranted optimism?"
Wouldn't we just be better off with all these companies putting this money into Linux instead of lawsuits?
What doesn't kill you will make you stronger. Same thing here.
Whatever the legal outcome, the fact that people I know who never normally talk about this kind of stuff are starting to get 'interested' in Linux is a good thing (tm) for sure.
I've just got back from the Hampshire LUG meet where we had a good few 'noob' people arrive. We had a good chin-wag about SCO, and generally chewed the fat about all things Linux.
Non-Linux literate people just don't realize how big this open source thing is getting. It's great!
It's just too soon to tell. Yes, it could be a positive in terms of GPL, but the FUD machine is still rolling along, and that is a huge negative.
You are being MICROattacked, from various angles, in a SOFT manner.
It is mostly how people handle it... For instance, someone like M$FT may say, "See, what if another SCO comes out with a law suit", and the linux folks can say, "Yes, exactly, last time such scum came at us, we trashed it, this is also another such scum supported by the likes of M$FT and SUNW".
:)
In the end, people usually believe what they want to believe. Facts usually don't affect the clarity of wishes and illusions
S
Like it or not, the courts have become the whipping boy for corporations....locking up development for years in the pharmeticul community, bullying individuals who can't afford a legal defense to pull down websites or stop distributing items that are legal... - One needs look no further then Scientology to see what a large organization with lots of money and no shame in suing/litigating their desires into existance. They even forced Slashdot to pull posts off it's server under the "threat" of action to see the courts are the big stick in today's society.
.68 cents a share, but it's a legitmate threat, and I'm glad we're starting here. Once we've established the validity of the GNU/Open Source License, no lawsuit like this will have any teeth again.
Linux is gonna have to be able to stand up to these guys if it's going to make further inroads into the corporate environment. Better that it start now, with an ally like IBM. What if they had gone after some real poor Linux distro manufacturer who would have had to cave under financial demands? - There would then be legal precedent for their claims...
Nope, I honestly think this is a ploy by the Executives of SCO to inflate stock price a bit so they are selling at $10 instead of
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ah honey, we're all resplendent - Bill Mallonee
Since SCO vs IBM lawsuit every newspaper I read had at least one story about Linux. My friends ask me if Linux is really worth over $1000? And I answer yes :) If you don't call it success than what?
Not a good or a positive article.
I'll admit. I read through the first half, and it had the facts pretty much on. I thought..wow. A good article coming from the National Post. One of the biggest rags in the western world.
But then the second half..
FUD FUD FUD.
It raises the spectere of FUD about Linux and GPL in particular. Stating that Linux distrubitors need to cover companies over potential copyright violations (none is needed).
As well, it completely misrepresents the GPL. Giving the absurd idea that somehow a future copyright holder could revoke their code, throwing everything into a huge legal battle yet again.
The funny thing is that it actually mentions FUD in spreading FUD..teehee..*sigh*..
Lightning does not strike even once for the National Rag.
as the OS moves from a hobbyist platform to a real business tool.
Could someone explain this author that Linux is professional for something like 10 years and is widely used as a web server platform ?
I wish something like this would have happened a couple years ago... before I started running 5 Linux servers at work that I now can't do without.
----- sXe
Over and above the fact that this is not an option it wouldn't be.
It's the same argument as stating we do not need advertising, packaging, etc.
Linux is moving from being a Solution to a Product. A product that needs to compete with other Products in the market place. This means that all the intangibles starts to be very important wether you like it or not.
FUD is a legitimate marketing tool used by alternative products and your Product needs to be able to withstand the critisism.
That is why we need this lawsuit, need for GPL to be declared a legal enforcable license, and for SCO to be silences (or better killed)
Help fight continental drift.
...but only if we win.
This is it, it's the long-awaited test of the GPL in court. SCO isn't backing down, and IBM isn't forcibly backing them down. The GPL, before this case is over, will have been tested in court, and that is absolutely good... if we win. If the GPL is not upheld in court then this is very, very bad. Since none of us know for sure how it will go, this whole suit is very potentially-good.
But, c'mon, this is IBM here. If anyone can win a court battle, it's IBM.
One way or another we'll know whether the GPL is valid by, say, 2008.
I want my Cowboyneal
I agree with the author's assessment that this is just the first of many attacks. We will be forever defending Linux and Open Source from the individuals and corporations who want to own and control everything.
It will probably become more difficult for Joe Coder to just submit a patch to fix a bug. At worst, a lengthy background check will become required to verify that he hasn't worked on something similar for a corporation. At best, he'll have to complete some paperwork before he gains committer status.
These kinds of steps will help tone down the endless parade of future lawsuits that await us, but they will have an impact on the culture of open source, if you can call it that. We can't be innocent volunteers trying to help out anymore; open source processes will have to evolve to more closely match their corporate counterparts. Expect accountability and responsibilty to become new buzzwords, and expect the sort of back-stabbing politics that come with that kind of corporate climate.
There will be an impact on the meritocracy so often praised -- your work may be rejected for reasons having nothing to do with its merit. Or from another point of view, part of the measurement of your work's merit will be your ability to prove that it's original. "My patch doesn't fix the bug as elegantly, but you used to work for Company X, who developed a similar system five years ago, so we really can't accept your work."
I'm probably too much of a pessimist. But it seems that regardless of the outcome of the whole SCO mess, something will be lost. Maybe nothing terribly vital, but something.
Wow, a lucrative publishing contract! I don't have to be evil anymore. --Meteor
just doing what the bosses are telling them what they want them to do. The fact that the lawyers may not understand how a line of code got into an OS is not the lawyer's worry. They must do as the client wishes if they wish to get paid. When the case gets to court, it will show how good/bad the GPL is. The article's point being that it would be a good idea for to pay more attention to how code is reused and where it comes from is well taken.
The fact that Linux installs went up instead of down after SCO started making noise indicates that most people/companies don't think SCO has a snowball chance in h... and that the GPL will stand the court test.
- -
Are you an SF Fan? Are you a Tru-Fan?
The reality is that these lawsuits are a necessary step along the way. With so much money involved, we all knew this day would come. You didn't expect companies that are losing sales to Linux to throw up their hands and say "Oh well"? If I was in their shoes, I would put up a fight as well. So, the author of the article is right. The quicker this is begun and over with, the Linux can take it to the next level. Besides, there is no such thing as bad publicity
The odd thing is that I didn't expect the lawsuit to come from SCO. I would have expected Microsoft (conspiracy theories aside) or maybe Sun. Also, I expected the initial lawsuits to be about patents and not copyrights. I actually think there are more lawsuits in the future for Linux. Since patents are more broadly defined, future lawsuits about patents could be even more dangerous than the SCO suit.
Contrary to the popular belief, the SCO case never was and never will be about the GPL.
The original suit wasn't about the GPL. However, one of the specific points of of IBM's countersuit is that SCO distributed Linux under the GPL and thus removed any claim they may have otherwise have had to exclusive ownership of parts of the code in the Linux kernel. This IS a direct test of the GPL, and it will likely be one of the first issues decided since, if it stands, it makes all of the other issues in the suit irrelevant.
"The legitimate powers of government extend only to such acts as are injurious to others." Thomas Jefferson.
It's been pointed out often but it bears repeating: BSD won their lawsuit too, for all the good it did them. All it takes is one or two quarters of businesses' holding off on a Linux migration and we'll end up like BSD: a bunch of hobbyists and cranks who do great stuff but never get to take it anywhere.
All's true that is mistrusted
The SCO lawsuit against IBM was not about the GPL.
The Red Hat lawsuit against SCO is about the GPL, as is the IBM countersuit against SCO.
Nice.
How about Ximian = Boston = Catholicism = Child Molestor? Or maybe IBM = New York = Jew = Baby Eater?
This is VERY ugly language, and very ugly ideas. That you posess them and spew them and put them forth as the correct perspective is abhorent.
And BTW, I lived in Utah for a number of years. Your perceptions and bigotry are skewed. The Mormons, as a whole, are a nice people. This SCO group, on the other hand....
Many years ago, I wrote a little blurb about this one topic (to remain confidential), and published it on my web page, complete with copyright notice. It sat there neglected for a while, and eventually I took the page down.
Very recently, however, I discovered Encyclopedia Brittanica used my blurb for their entry on the subject. They stole my intellectual property.
I am hereby announcing my forthcoming lawsuit against Encyclopedia Brittanica. I am looking to enjoin them from distributing any further copies, either in paper or electronic form. I will also be seeking royalty payments from anyone owning a copy produced since 2001. And no, I will not disclose which entry it is they stole, since I do not anyone reprinting it even as a news article.
* * * * * * *
Yes, the above is fiction. It was written to illustrate how stupid SCO is being. Why no judge has forced them to disclose said infringing code is beyond me. Frankly, since if the code were disclosed it would be removed, it seems like they are ENCOURAGING further infringement, which I would take as their not defending their copyright adequately.
This is exactly the kind of article that Linux needs. This isn't just another article that only appeals mainly to the technical inclined... This article talks to public at large in layman's terms, something pointy haired business executives (and other non-techies who actually make decisions at large organizations) can understand.
Not very usefull today in business??? What in sam hell are you referring to? Tell that to the 70% of the web that is running on apache linux. Tell that to most of the wall street trading firms.... What a damn troll
Got Code?
SCO originally thought it was going to raise a stink, get IBMs attention and get bought off or bought out. That didn't happen. Microsoft got into the fray with their purchase of a license and that, interestingly was the point where the thing started to go out of control. Originally there was no talk from SCO about the GPL or going after Linux companies or users.
SCO now knows that it is out of control. You can thank Microsoft for this. They must be having a good laugh. They got what they wanted. A famous test case for the GPL.
I've been swashdotted -- Elmer Fudd
remember, there is no such thing as bad publicity. Before this incident, many people didn't even know what Linux was, let alone the fact that it is probably what keeps their website online.
You're right that it's about the GPL, but wrong in the manner its being tested. Exclusive ownership of part of the code is actually necessary for the GPL to work; i.e., the code has to copyrighted, otherwise the grant of limited distribution (the code can only be distributed if the source and a copy of the GPL is included) is unenforcable -- because without copyright the code is in the public domain.
IBM's claim is that they have exclusive ownership of the code that SCO is contesting (RCU, NUMA, JFS, etc.), and that SCO is in violation of the GPL by:
A) distributing the code in violation of IBM's copyrights
B) requesting licensing fees in violation of the GPL, under which IBM permits distribution of its copyrighted kernel contributions
and
C) requesting licensing fees for code SCO has itself already licensed under the GPL.
"What does it cost to license an OS you don't really need? A cool $6 million. That's the figure a Microsoft sales pro let slip when asked why the Redmond boys acquired a Unix license from The SCO Group. According to my source, the pro said Microsoft ponied up because "SCO needed money for their lawsuit problem." SCO PR dude Blake Stowell issued a staunch denial, saying MS wants the code for its Services for Unix product. Still, $6 mil would certainly keep SCO attorney David Boies' legal machine nicely oiled -- and the news is sure to make thousands of Microsoft conspiracy theorists happy" -InfoWorld
Contrary to the popular belief, the SCO case never was and never will be about the GPL.
No, but it should be. Linus and other kernel developers should be suing sco for copyright violations since they are still distributing the Linux kernel without agreeing to the GPL.
Do you have ESP?
Take the just-settled patent suit between Intel and Broadcom, with Broadcom being the LOSER. Intel does not have had any legal standing to sue anyone whose equipment has a Broadcom chip. Broadcom has already paid Intel for those chips - that's what the damages are for, what Intel would have made if Broadcom had not infringed on Intel's patents.
We're talking about a country that only began enforcing desegregation 40 years ago, and only just this year ruled that law enforcement agencies have no business arresting consenting adults for their private sexual behavior. Our courts don't even move at the speed of society, how on earth do you expect them to keep up with technology?
No. The company will be dead, at least as an OS company - no matter what happens they will be dead.
I am sickened by their behaviour. I would rather dig ditches than install or maintain any of their products because of this lawsuit. I can smell it around me - the loathing and, well, shock. Hell, who in the trenches of IT thinks that SCO are 'winners'?
Some people in the company might profit, but most companies are made up of a lot more people who profit very little from wierd stock schemes, especially in very recent times.
A few low-lifes may profit, but I would wager that a lot of ordinary, decent folk at SCO will be kicked in the teeth. What a shame.
Nope, the company is a loser. I don't care how much money their CEO makes. He is a loser. I wouldn't be him for all the tea in China, or all the bravado in America. I spent too much time in the trenches in hospitals to think that making a bunch of money turns you into a winner.
I don't care if businesses can use it or not. What I really care about is whether I can use it or not. So far Linux has provided me with a very inexpensive way of automating my house, building my own appliances and completely customizing my desktops for the ultimate usability.
I must respectfully disagree. While I don't exactly care what OS most businesses use, I like using it at work. I want it to It was very easy to convince my superiors with examples such as Burlington Coat Factory, NVIDIA and IBM, which are big businesses that use Linux. If I didn't have these examples, convincing people that Linux was good to use in the workplace would have been much harder.
There is only one reason to be involved with Linux and one reason only: because you love computer technology and OSes for what they are: cool toys.
Here I really think that you're oversimplifying. I may love computer technology and operating systems because they are cool toys, but at the end of the day I appreciate them because they allow me to make a living.
My blog
I think its high time we are forced to look at the law we are passing and consider whether or not it is good law.
"Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]
Good analysis or unwarranted optimism?
Neither.
The article is neither "good analysis" nor is it "unwarranted optimism". It is an editorial piece making the argument for "the corporate makeover of Linux" and attempting to sell that idea to the current users and developers of Linux. "Corporate Makeover" implies both the limitation of the Free aspects of Linux (and other Free Software) in distribution (beer) and in access to the source (freedom), and the introduction of centralized management of Free Software development.
The repeated claim that Linux cannot become a success and remain free is getting tired and thin. That companies cannot wrap thier minds around the implications of the GPL enough to ship thier products (and services) in a way that is compatible with the GPL is not the fault of the Free Software comunity. It is possible to create and distribute propietary apps for Linux without running afoul of the (L)GPL.
If Microsoft had helped WINE, there would be little or no demand for OpenOffice, and Linux users would be purchasing Office. Of course, this would have meant acceptance of the fact that Linux is eroding Microsofts dominance of the Desktop market, but acceptance of reality is generally thought of as part of a healthy attitude.
The accusation that there needs to be more "centralized" control over Free Software development is equally false. The current decentralized methods being used for many projects is the main reason for Linux's (and other FS project's) success. There seems to be a failure to understand how the success of Linux has been due (in part) to the lack of marketing driven development. The "markets" that have directed development have been the needs of individual (and groups of) developers, the needs of the users of individual distributions, and the needs of distributions to cooperate in specific ways. This allows greater freedom for separate distributions to explore different answers to the problems of creating an OS and to share, either in whole or in parts, the solutions that different distrobutions have created. It also allows distributions to decide whether to impliment standards based on merit instead of on compliance (I do not want nice to exit with anything but 0 unless there is an error).
There will continue to be people who either refuse or fail to understand that Linux and free Software not only fits nicely into the business place, but is a direct result of business philosophies failing to fufill the needs of software developers and end users alike. Corporations are free to cooperate in free Software Development, make products that run on top of Free Software, and market services to end users of Free Software, but it would be a bad idea to let them run the show.
Read, L
The point of the IP laws was to help provide incentive to innovate and there were limitation on just how long those monopolistic rights were to be enforceable.
...
Today, though the advancement of technology means the shorter the time span of technology is useful, the IP monopolistic rights have been extended. Where the only way to extract value after initial integration is to take the laws to their extream and to a degree never intended by the founders.
At the heart of the arguement is not SCO vs. the world but IP laws applied today vs. their original intent.
The simplist statement of original intent is that "of benefit to society"
And not to be used in a manner of
"Unfair Competition
The repression of unfair competition is directed against acts or practices, in the course of trade or business, that are contrary to honest practices, including, in particular:
* acts which may cause confusion with the products or services, or the industrial or commercial activities, of an enterprise;
* false allegations which may discredit the products or services, or the industrial or commercial activities, of an enterprise;
* indications or allegations which may mislead the public, in particular as to the manufacturing process of a product or as to the quality, quantity or other characteristics of products or services;
* acts in respect of unlawful acquisition, disclosure or use of trade secrets;
* acts causing a dilution or other damage to the distinctive power of another's mark or taking undue advantage of the goodwill or reputation of another's enterprise.
Protection of industrial property is not an end in itself: it is a means to encourage creative activity, industrialization, investment and honest trade. All this is designed to contribute to more safety and comfort, less poverty and more beauty, in the lives of men.
"
Seems to me that GNU and GNU/Linux reaches that last sentence far better than SCO can possible achieve in their lawsuit and claims against Linux and the world.
Maybe SCO thinks the last word "men" is exclusively them.
Ok, so maybe the "new adoption" is temporarily down. However, development seems to be trodding along just the same, I haven't exactly heard of developers fleeing the kernel hacking lists.
I hardly think it was the lawsuit that killed BSD, I certeinly don't believe it was "lack of commercial interest" that made all the difference. Assuming BSD even died, which would be an exaggeration, considering BSD is powering OS X.
If anything is a threat to Linux, it is the total lack of respect for copyright law. If people had really been forced to pay for Windows/Office, I know quite a few that would be tech savvy enough to get around in Linux just fine. But as it is, they do WinXP/OfficeXP and with the same savvyness, dodge whatever activation scheme MS is putting in there.
Kjella
Live today, because you never know what tomorrow brings