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RedHat Starts "Open Source Now" Fund

celston23 writes "According to this article (near bottom), RedHat is intending to use their Open Source Now Fund to support open-source (GPL) developers who are sued for copyright infringement. Might be used during the SCO legal battle."

240 comments

  1. They should by Anonymous Coward · · Score: 0

    Use it to buy out source code to important projects like the now famous bender project.

  2. That's nice of them... by ...+James+... · · Score: 1, Interesting

    who keeps the interest earned from the fund?

    1. Re:That's nice of them... by geomon · · Score: 1

      The answer is obvious: SCO

      --
      "Rocky Rococo, at your cervix!"
    2. Re:That's nice of them... by Anonymous Coward · · Score: 1, Insightful

      probably reinvested in the fund.

    3. Re:That's nice of them... by mr_z_beeblebrox · · Score: 5, Insightful

      who keeps the interest earned from the fund?

      Does it matter? Red Hat is sticking their neck out into a multi billion dollar lawsuit in the interest of their primary product (which is also a community of developers primary product) that substantial risk is very worthwhile additionally, they are using their clout and name recognition to attract donors. The use of corporate resources, image etc... is a service that even CHARITABLE organizations compensate.

    4. Re:That's nice of them... by ...+James+... · · Score: 1

      So do they get to report this fund as money in the bank?

    5. Re:That's nice of them... by Chicane-UK · · Score: 5, Insightful

      My god.. why the hell is it that no matter what kind of offer people make into the Open Source community, there has to be some nit-picking whiner trying to crap on the parade, or pick holes in it.

      Put a sock in it.

      --
      "Hey! Unless this is a nude love-in, get the hell off my property!!"
    6. Re:That's nice of them... by jhigh · · Score: 5, Funny

      Lest we forget that ANYONE who makes ANY money off of ANYTHING must be evil and their motives must be solely to continue to make more money.

      --
      Social Engineering Expert: Because there is no patch for stupidity.
    7. Re:That's nice of them... by Mike+Green+Chal · · Score: 0
      People, one of our own has been found. Trapped in the local woods of newtown square. He did not use Red Hat Open Source Fund, and was taken away by SCO goons late last evening. Truly a troubling loss.

      They caught him infringing on their IP property by using 12 lines of SCO code in his homebrew linux computer's kernel. Please help us save this young man. Check out The Mike Green Challenge site today, to help rescue this young man from the oppressive clutches of SCO and Micro$oft.

    8. Re:That's nice of them... by Anonymous Coward · · Score: 0

      You're jumping the shar^H^H^H^H^H gun. "Probably" in that context means roughly "I have no fucking clue but I'll take a wild guess from my ass..."

    9. Re:That's nice of them... by Anonymous Coward · · Score: 0

      who keeps the interest earned from the fund?

      That'd be me. yeah, I know, pretty sweet deal, huh?

    10. Re:That's nice of them... by fireboy1919 · · Score: 2, Insightful

      Bitter memories.

      Recall TransGaming's Winex scam. They planned to offer their work back to Wine when they got a certain amount of supporters.

      Well...they have that. Where's the releases?

      And for that matter, they're not really following the GPL's spirit if they track down everyone who is giving out a compiled version of their stuff (such as Debian and Gentoo) and telling them not to - and being listened to.

      People asking for free money are not always appreciative of it without contracts to ensure that they have to be.

      --
      Mod me down and I will become more powerful than you can possibly imagine!
    11. Re:That's nice of them... by TopShelf · · Score: 1

      Damn straight!!!

      --
      Stop by my site where I write about ERP systems & more
    12. Re:That's nice of them... by RealAlaskan · · Score: 2, Funny
      ... who keeps the interest earned from the fund?

      NEWSFLASH
      Dateline: State of Improbability.
      This just in from Redhat CEO Matt Szulik:

      All earnings from the Open Source Defence fund will go to a special foundation which we are setting up to purchase new keyboards for Nigerian spammers. We have all been getting awfully tired of seeing those Nigerian scam spams, and having every one of them in all caps was just making it worse.

      We used to think that the stupid spammers thought that they couldn't be traced if they typed in all caps, but extensive research by graduate anthropology students at the Nigerian University shows that the real problem is that all the spammers think that their keyboards look prettier with all the LEDs lit. So, we're going to give them new keyboards with more LEDs, and no capslock key.

      With one stroke, this will solve the Nigerian spam problem. Oh, did I mention that none of the keys will be functional?

      Seriously, I'll bet you that ALL of the money, interest included, will go to the stated purpose of the fund. It's ridiculous to think that Redhat would commit such a trivial fraud so publically. Unlike SOME companies (notice my self restraint: I didn't mention SCO!), Redhat has recurring revenue, profits, and a business plan without Step 2) ????. They've got too much to lose to do something crooked.
    13. Re:That's nice of them... by bernywork · · Score: 1

      Who cares? It's their money to begin with.

      I would suggest it would just get paid to the bank account where the money is, at the end of the day does it matter?

      --
      Curiosity was framed; ignorance killed the cat. -- Author unknown
    14. Re:That's nice of them... by digitalunity · · Score: 1

      (notice my self restraint: I didn't mention SCO!)
      Yes you did. Right there at the end. Do you see it now? You mentioned SCO. Bad RealAlaskan.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    15. Re:That's nice of them... by RealAlaskan · · Score: 1
      >>(notice my self restraint: I didn't mention SCO!)

      >Yes you did. Right there at the end. Do you see it now? You mentioned SCO.

      But look how long I held out! And it was in parentheses!

  3. Open Source Now by mr_z_beeblebrox · · Score: 1, Offtopic

    Great. I hope IBM uses some of its Billion dollars on Linux that it had previously pledged. Also, I hope that companies in the market for Unix remember that their is HP-UX, Solaris, AIX and others as well as Linux...no need for SCO (some crappy old) Unix

    1. Re:Open Source Now by ebbomega · · Score: 1

      You're uh... not paying attention to this with much detail are you?

      HP-UX, Solaris, and AIX are all licensed by SCO. They're each companies individual modifications to the original AT&T/Bell Labs UNIX code, compiled and distributed to the users. They do not provide the source code with these operating systems, as the license of the source code is non-transferable.

      Linux and *BSD are unique in that they are open source and not based on System V source code at all.

      --
      Karma: Non-Heinous
    2. Re:Open Source Now by mr_z_beeblebrox · · Score: 1

      You're uh... not paying attention to this with much detail are you?

      HP-UX, Solaris, and AIX are all licensed by SCO. They're each companies individual modifications to the original AT&T/Bell Labs UNIX code, compiled and distributed to the users. They do not provide the source code with these operating systems, as the license of the source code is non-transferable.


      You're uh, not reading for comprehension. I said nothing about HP-UX, AIX etc...being open sourced. What the topic is about is wether or not the 'current' incarnation of SCO has any right to yank licensing. The point made by mentioning those other Unices is that by buying them you take away from SCOs current primary revenue stream (OpenUnix) and contribute to those whom SCO is up against (Think SCO won't end up on the wrong side of HP?). I could care less whose source is transferable I am not an open source (or closed source) zealot. I care what works. Oh, and let me add if you use multiple serial devices (laser wands, check readers, terminals, printers etc...) SCO sucks

    3. Re:Open Source Now by ebbomega · · Score: 1

      That's nice, but you're deviating from what you said:

      Also, I hope that companies in the market for Unix remember that their is HP-UX, Solaris, AIX and others as well as Linux...no need for SCO (some crappy old) Unix

      You listed a bunch of SCO UNIX licensees as alternatives to SCO. Which isn't an alternative to SCO at all, since it's, well, SCO.

      All those Unices you mentioned are based on System V code and as such are licensed... get this... BY SCO!!!!! Concept. So when you buy them, you're technically buying SCO code.

      Linux and *BSD are honestly the only non-SCO Unix-like systems that are on the mass market at the moment.

      --
      Karma: Non-Heinous
    4. Re:Open Source Now by mr_z_beeblebrox · · Score: 1

      I listed them as an alternative to SCOs PRIMARY revenue stream which under their current business model is their OS NOT licensing. I buy a licensed copy of AIX and SCO gets NOTHING (comparitively) as IBMs license is ALREADY paid for (and VALID) but if I buy OpenUnix SCO gets the dough. So nice talking semantics with you professor, come down from the tower and smell the flowers :-)

    5. Re:Open Source Now by ebbomega · · Score: 1

      You uh... seem to miss the entire idea here.

      The more people use SCO-licensed software, the more companies look to SCO-licensed software as necessary for their own business model. As such, they continue to keep their SCO license. The longer they keep the SCO license, the more money SCO makes. If theoretically nobody wanted to use HP-UX anymore, then Hewlett-Packard would think well to stop using SCO code, and as such SCO would no longer get their licensing fee as HP wouldn't want SCO.

      It's logic like yours that seems to think things like "Movie Theatres only make money in the concession stand anyways, so theatre-sneaking isn't that bad".

      Money is being channelled, albeit indirectly, to SCO through these products. Continued use of the products continues funding to SCO. Therefore, SCO makes money off of HP-UX, Solaris, AIX, etc.

      If you're denying that they do, then you must really be daft, as I really highly doubt that OpenLinux makes nearly enough money for SCO to keep them afloat.

      --
      Karma: Non-Heinous
  4. Has been mentioned before by ldm · · Score: 5, Informative

    This is awfully familiar, don't you think? (again, near the bottom)

    1. Re:Has been mentioned before by saskwach · · Score: 4, Funny

      It's from the department-of-redundancy department.

    2. Re:Has been mentioned before by bigjocker · · Score: 4, Insightful

      Can you tell the difference between these two?:

      opensourcenow@redhat.com
      www.redhat.com/opensou rcenow

      In the older articles the Open Source Now fund had been anounced, but it was just an email address that I bet has been banged pretty hard the past few days (I know I used it and got no response back).

      Now we get the whole "Open Source Now" movement with complete web-site and instructions to participate, but since nobody here RTFA we get 100s of comments calling for a dupe.

      Really, if anybody wants to help in this hole issue just click the link and donate something.

      --
      Life isn't like a box of chocolates. It's more like a jar of jalapenos. What you do today, might burn your ass tomorrow.
    3. Re:Has been mentioned before by Anonymous Coward · · Score: 0

      I already told you, it's "to whom are you going to speak it?" in your sig. You are using incorrect english.

    4. Re:Has been mentioned before by Anonymous Coward · · Score: 0

      Have you ever thought the error may (just may) be there in purpose? In any case, who is that Clarence Darrow doode??

    5. Re:Has been mentioned before by mustangsal66 · · Score: 2, Funny

      Can you tell the difference between these two?:

      opensourcenow@redhat.com
      www.redhat.com/opensourcenow


      I didn't know they were giving parts of the MCSE exams today...
      Umm Ok
      1.) One is an email address, and one is the URL for a website.

      Whew, these MS exams are tough!

      --
      Why worry? Each of us is wearing an unlicensed "nucular" accelerator on his back.
      Sig changed for readability by G.W.
    6. Re:Has been mentioned before by felis_panthera · · Score: 1

      Well... given the fact that Open Source Now is a community for OSS advocacy focusing on education of the populace about OSS, and in fact has nothing to do with the OSN Fund, nor does it contain any useful information about donating to the fund, but only links to how to join the OSN Community.

      Before you criticize people for not RTFA... maybe you should actually RT Fucking A!!!

      Now, I agree with you that this is not a dupe, in fact it's a whole lot of nothing. The link submitted by celston23 has nothing to do with the OSN Fund. Sorry bigjocker, but how does your ankle taste??

      --

      The chains are broken
      Loki is free
      Ragnarok is at hand...
    7. Re:Has been mentioned before by Anonymous Coward · · Score: 0

      Clarence Darrow had wild monkey sex with William Jennings Bryan.

    8. Re:Has been mentioned before by vsprintf · · Score: 1

      Really, if anybody wants to help in this hole issue just click the link and donate something.

      Well, first I RTFA, and then I poked around the web site because I have been looking for a way to donate to RH's OSS defense fund. Please provide the link that I'm obviously overlooking. In the meantime, I've donated a few bucks to the SCO bounty hunt. It looks like it will have the same effect.

  5. Re:Jessus Dupe-Dancing Christ. by Trigun · · Score: 2, Funny

    They put the SCO spin on it, so it's new.

  6. Free Karma? by gumpish · · Score: 3, Interesting
    Might be used during the SCO legal battle.

    Wow. So RedHat gets free karma for creating an ostensibly altruistic fund to defend developers who release GPL software, then they turn around and say "Well, we release GPL code. We'll be taking our money back now, KTHXBYE"

    Very interesting...
    1. Re:Free Karma? by FroMan · · Score: 1

      Gosh, that is almost as easy karma as being an ingrate on slashdot who doesn't realize the benefit of corporate support behind linux by defending the core abilities from unscrupulous companies such as SCO.

      You know, just because a company benefits does not mean that they are taking your peice of the pie in life. Sometimes there is a synergy between a companies interests and your own.

      --
      Norris/Palin 2012
      Fact: We deserve leaders who can kick your ass and field dress your carcass.
  7. Open Source policy by The+Old+Burke · · Score: 1, Troll

    Does not this defeats the whole purpose of Open Source?
    I mean, if you need a fund for raising money for a OS that was initially meant to be free how is it free anymore when someone have to cash out in order to keep it from being sued into oblivion?

    --
    Proud patriot and republican voter.
    1. Re:Open Source policy by mod_parent_down · · Score: 4, Funny
      "Freedom isn't Free"

      I feel like I've read that somewhere before.

    2. Re:Open Source policy by DickBreath · · Score: 1

      And just what is it that you think that purpose is?

      --

      I'll see your senator, and I'll raise you two judges.
    3. Re:Open Source policy by Anonymous Coward · · Score: 1

      I hope I'm clarifying matter rather than feeding a troll. Nevertheless:

      Open Source software is not designed to be free (in a financial sense). You can charge money for Open Source software. You can even charge money for GPL software. It's all kosher. The reason most Open Source software companies offer their wares for free is that 1) their customers could do it anyway, and 2) free products are a great way to seed a market.

      Okay, so now we're all agreed that Open Source software is not designed to be free, right? Good.

      Now for the other part. The legal costs associated with defending yourself against bogus lawsuits adds cost to ANYTHING. That is, it applies equally to Open Source and closed source software. So while you're absolutely correct that frivolous lawsuits aimed at RedHat may increase RedHat's costs (and thus their prices), frivolous lawsuits also increase Microsoft's costs (and thus their prices) too.

      Glad to be so helpful.

    4. Re:Open Source policy by zfalcon · · Score: 1

      The OS is free as in free speech, not necessarily as in free of cost.

    5. Re:Open Source policy by Eric+Ass+Raymond · · Score: 1

      But doesn't this acknowledge the fact that you will have to pay in order have "free speech", too? I mean what's the point in having code "free as in speech" if you have to defend it in court?

    6. Re:Open Source policy by Anonymous Coward · · Score: 0

      US Army commercials maybe?

    7. Re:Open Source policy by Feztaa · · Score: 0, Flamebait

      Proud patriot and republican voter.

      You're also a moron.

    8. Re:Open Source policy by Aadain2001 · · Score: 1

      Because any yahoo with enough money could drag you to court and keep you there for years and years over something they know is false, but you still have to take the time to goto court and most likely pay an expensive lawyer during all this time. Doesn't matter if its over source code, a book that you wrote, or something you said. In the end you might win, but by no means is justice free.

      --
      Space for rent, inquire within
  8. Why not just relinquish SCO's license by bigattichouse · · Score: 3, Insightful

    All ye kernel authors, instead of trying to fight SCO, just give them a deadline to license your kernel submissions, provide them a separate "binary only license" on top of the GPL license, and charge them $10 for every license they sell that includes your intellectual property. If they don't pay up, then cancel their license to use your part of the kernel.

    --
    meh
    1. Re:Why not just relinquish SCO's license by Foogle · · Score: 2, Informative

      That's absurd. You've already licensed the software to them under the terms of the GPL. If you could just say "Oh, we changed our minds", then what's the point of the GPL?

    2. Re:Why not just relinquish SCO's license by NotAnotherReboot · · Score: 1

      I know that they're breaking the terms of the GPL, but wouldn't you be as well?

    3. Re:Why not just relinquish SCO's license by mugnyte · · Score: 2, Interesting

      Well, in SCO's terms, there is NO point to the GPL. So if they play by those rules, they must pay by those rules. I disagree with doing this since all of these steps are absurd and anti-cooperative, but in the anal-retentive legal world of SCO IP, they would have to comply.

    4. Re:Why not just relinquish SCO's license by Frac · · Score: 4, Insightful

      That's absurd. You've already licensed the software to them under the terms of the GPL. If you could just say "Oh, we changed our minds", then what's the point of the GPL?

      SCO is not really obeying the terms of GPL. So either SCO can choose to obey the GPL, agree to a different license, or infringe the copyright of the kernel contributors and risk getting sued.

    5. Re:Why not just relinquish SCO's license by bigattichouse · · Score: 2, Informative

      You still own all copyrights to your work under the GPL, and can "multi-license" your own work (provided it is not based on GPL'ed work).. so if you built a driver for some such video card and it was completely your own, you could "dual-license" it.. the customer would choose the license. if SCO don't like the GPL license - they can choose the other one, where you fleece the crap out of them.

      --
      meh
    6. Re:Why not just relinquish SCO's license by Samari711 · · Score: 1

      that's actually not a bad idea. seeing as sco is trying to sell licenses for something they don't own the copyright to everyone who's contributed to linux should sue sco for damages. talk about the litigation being on the other foot...

      --

      I never said I was smart, I just said I was smarter than you

    7. Re:Why not just relinquish SCO's license by Ktulu_03 · · Score: 4, Interesting

      Linus owns the copyright to the word "Linux", right? Could he revoke their right to use the word "Linux" in any of their products?

      I apologize if this is already well-known information.

    8. Re:Why not just relinquish SCO's license by greenskyx · · Score: 1

      Not that your ideas is possible under the GPL license, but that is a really funny idea. Do to SCO exactly what they are doing to the rest of the Linux community.. HA!

    9. Re:Why not just relinquish SCO's license by DickBreath · · Score: 2, Insightful

      SCO is the one saying that IBM's counter suit is a "distraction away from the real issues", which are "IBM's flawed business model" ... and specifically mentions that it is IBM's use of the GPL license, which "IBM should back away from".

      So the GPL means nothing to SCO. So they need a new license from kernel developers. They obviously don't "agree" with the GPL. The GPL states that you do not have to agree with it, since you have not signed it. And the GPL continues that if you do not agree to the GPL, then nothing else gives you the right to copy the GPL licensed code.

      --

      I'll see your senator, and I'll raise you two judges.
    10. Re:Why not just relinquish SCO's license by jrumney · · Score: 3, Insightful

      It is very possible to do this under the GPL. The key wording is on top of the GPL. The developers' contributions would still be available to everybody (including SCO) under the GPL, but if SCO wants to relicense them in a non-GPL compatible way, they absolutely must get a seperate license on top of the GPL that allows this from every kernel developer.

    11. Re:Why not just relinquish SCO's license by Gherald · · Score: 1

      They already discontinued distributing Linux, I doubt they are interested in starting up again.

    12. Re:Why not just relinquish SCO's license by stephanruby · · Score: 2, Insightful

      The opposite of crazy is still crazy.

    13. Re:Why not just relinquish SCO's license by Ktulu_03 · · Score: 1

      They have a bunch of Linux related stuff on their site, such as http://www.sco.com/products/lkp/. It seems like they are still using the term "Linux" for selling some products. I don't know enough about copyright law to know if he has the power to do that.

    14. Re:Why not just relinquish SCO's license by mce · · Score: 1

      It is possible to license the kernel to SCO under other conditions than the GPL (well, that is true in theory only, because in practice it is uttery impossible to get everyone who has code in the kernel to agree on this), but it is not possible to revoke their license on the code they already have. They can loose their rights by breaching the GPL, but that's anotter matter entirely: it is they who are in control of that decision, not "us".

    15. Re:Why not just relinquish SCO's license by Gherald · · Score: 1

      Linus may be able to insist they include a notice such as "Linux is a registered trademark of Linus Torvalds," but I doubt he cares.

    16. Re:Why not just relinquish SCO's license by Anonymous Coward · · Score: 0

      Actually that would be sane.

    17. Re:Why not just relinquish SCO's license by rsilvergun · · Score: 2, Insightful

      Bad idea. Doing so would require admidting the Linux kernel contains infinging SCO code. That's probably what SCO was counting on when they left the kernel source on their ftp. It would add legitamacy to thier claims and help pump their company's value. Linus has the right idea here: it's just a contract dispute, ignore it and move along.

      --
      Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    18. Re:Why not just relinquish SCO's license by stephanruby · · Score: 1
      ...the anal-retentive legal world of SCO IP, they would have to comply.

      SCO is not anal-retentive, SCO is lead by a bunch of shrewd scam artists. The only people that might be anal-retentive are the ignorant corporate customers that don't know any better and the ignorant stockholders that are still buying SCO shares.

      If you really think that spreading more FUD on the subject will help those ignorant fools make more rational decisions. Go ahead and do it. Personally, I think FUD on top FUD will only confuse the situation even more, and this might only make the stupid SCO stockholders hold out even more "just in case" while the SCO scam artists continue to unload more of their worthless stock at insanely inflated prices.

    19. Re:Why not just relinquish SCO's license by stephanruby · · Score: 1

      Arguing with the crazy man at the door, while his buddies went to the back of your house, is not a good idea. Even if you win that argument, the man and his buddies will be long gone by the time you discover what's amiss.

    20. Re:Why not just relinquish SCO's license by Anonymous Coward · · Score: 0

      Actually that would be sane.

      No, that is when there is no crazyness around. Just as with light and darkness. The opposite of light is not darkness, it's some kind of antilight and I guess one could call the opposite of crazy a darn crazy thing.

    21. Re:Why not just relinquish SCO's license by dacarr · · Score: 1

      Do that, and you're playing their game.

      --
      This sig no verb.
    22. Re:Why not just relinquish SCO's license by Anonymous Coward · · Score: 0

      Why don't some kernel contributors form a class-action lawsuit against them, or something?

      Their copyrights ARE being violated, after all...

  9. Unfortunate but needed by Kethinov · · Score: 5, Insightful

    Open Source's greatest feature and worst flaw is that it's free and open. Because there's next to no profit in it, software authors have next to no protection from getting sued. So in order to protect things like Linux from SCO, there needs to be some kind of a fund like this. Again, unfortunate but true.

    --
    You're right, I wouldn't steal a car. But if it were possible, I sure as hell would download one!
    1. Re:Unfortunate but needed by EvilTwinSkippy · · Score: 4, Insightful
      I was always under the impression that you could not be sued for not doing something wrong. Creative works have long had a special protection in our legal system.

      It is a true travisty that people believe you need millions of dollars to defend yourself against a frivilous lawsuit. An understanding of the law, a stack of envelopes, and occasionally plane fare are more than enough.

      Now the legal games that lawyers play is another issue entirely. The delays, the frivilous filings, the mountains of paperwork, hyperbole, press leaks, etc. That is what you are actually paying a lawyer for these days.

      --
      "Learning is not compulsory... neither is survival."
      --Dr.W.Edwards Deming
    2. Re:Unfortunate but needed by mitchell_pgh · · Score: 1

      How can Microsoft kill off a bothersome OS when it doesn't even have overhead, employees, stocks, etc?

      Intellectual property is the only thing that a company can go after... and as you can see, it's failing miserably.

    3. Re:Unfortunate but needed by Kethinov · · Score: 1

      I agree. This whole SCO issue is total shit. Simply put, Linux is open source. Any claim to the code that's in the Linux kernel is immaterial because Linux has been released under the GPL. If it's GPL'd, too damn bad SCO.

      That's what I'd tell the SCO if I were a judge. Then I'd throw their case out of court.

      --
      You're right, I wouldn't steal a car. But if it were possible, I sure as hell would download one!
    4. Re:Unfortunate but needed by Ian+Wolf · · Score: 5, Informative

      Sorry, having worked as a paralegal for three years, "An understanding of the law, a stack of envelopes, and occasionally plane fare are more than enough" is rarely enough.

      As a defendant you *MUST* pay the costs of a stenographer for any depositions and you can rarely get a witness in without them being properly deposed. Also, expert witnesses are rarely free. You normally have to pay for those. Then there is the cost of multiple plane tickets, if the trial is out of your area. Plus board, meals, etc. Then there are the amount of money you spend at Kinko's. Its downright amazing how many hundreds or thousands of dollars you can spend just on making copies of briefs, depositions, and interrogatories which you MUST pay yourself. There are many hidden costs involved in even a minor case.

      The delays, the frivilous filings, the mountains of paperwork, hyperbole, press leaks, etc. That is what you are actually paying a lawyer for these days.

      That's like saying I only pay my sysadmin to backup some files, reset my password, post on slashdot, and forget to apply patches. hmmm... Then again, I guess some places do pay their sysadmins to do just that.

      --
      "The words of the prophets are written on the Slashdot walls."
    5. Re:Unfortunate but needed by Ian+Wolf · · Score: 1

      Thank god you are not the judge, because you've put the cart before the horse. SCO's claim (most likely BS) is that IBM improperly put copyrighted code in Linux. Therefore, the GPL cannot apply to that code.

      I think the case is still bogus, but for a completely different reason.

      --
      "The words of the prophets are written on the Slashdot walls."
    6. Re:Unfortunate but needed by theLOUDroom · · Score: 1

      Open Source's greatest feature and worst flaw is that it's free and open. Because there's next to no profit in it, software authors have next to no protection from getting sued.

      And if I create a piece of proprietary software, I'm somehow magically protected?

      This is not an open vs. closed issue. It is a big guy vs. little guy issue.

      --
      Life is too short to proofread.
    7. Re:Unfortunate but needed by Kethinov · · Score: 1
      And if I create a piece of proprietary software, I'm somehow magically protected?
      If Linux wasn't open source and it actually DID contain SCO's code, no one would know because it'd be closed source. No way to prove it, no way to tell. But SCO goes poking around in the open source Linux kernel, finds something they think is their's, and starts a big mess.

      Furthermore, if it was closed source and sold and SCO DID find out their code was in it somehow, Linux would be making money because, of course, it was being sold. So Linux would defend itself with its profits. Just like if SCO tried this crap on Apple, Apple would have more money to defend itself in court.

      Linux, being open source and non profit, does not.
      --
      You're right, I wouldn't steal a car. But if it were possible, I sure as hell would download one!
    8. Re:Unfortunate but needed by thunderbird46 · · Score: 1
      As a defendant you *MUST* pay the costs of a stenographer for any depositions

      I've been reading slashdot too long, I read that as "...the costs of a steganographer..." and wondered what use encrypting something into an image file would have in a courtroom. :)

    9. Re:Unfortunate but needed by theLOUDroom · · Score: 1

      You're missing my point.

      A software product being closed source does not necessarily mean you will have the money to fight lawsuits. Nor does a software product being open mean that you won't (think Redhat).

      As for "not knowing because it's closed source", that doesn't seem to be helping Microsoft defend themselves does it?

      Just like if SCO tried this crap on Apple, Apple would have more money to defend itself in court.

      Like I said, the issue is how much money you have. You do realize that Apple's product contains open source code?

      --
      Life is too short to proofread.
    10. Re:Unfortunate but needed by Mostly+a+lurker · · Score: 1

      On balance, I think you are probably correct. There is, however, one possible counter argument. When there is no possibility of profit from suing someone, there is no incentive. A fund like this might result in certain actions being initiated because of the possibility of collecting at the end.

    11. Re:Unfortunate but needed by Anonymous Coward · · Score: 0

      Enterprise-level users can typically negotiate for indemnification from software suppliers in the event they are sued for intellectual property infringement as a result of using the software. There is no such indemnification available for users of open source software.

      Until the laws are changed -- and there is no indication they will be -- there may be a place for IP lawsuit insurance for open source software users. The cost of the insurance may very well be less than the cost of converting to 'conventional' software.

    12. Re:Unfortunate but needed by bwt · · Score: 1

      More precisely, IBM cannot GPL SCO's code. However, SCO can certainly GPL SCO's code, and since the GPL requires distributors to independently GPL the whole, this is exactly what happened.

      Moreover, what exactly are the real damages to SCO. "Your honor, we give this code away for free, but damn them, they do too, under the same terms we use."

    13. Re:Unfortunate but needed by EvilTwinSkippy · · Score: 1
      That's like saying I only pay my sysadmin to backup some files, reset my password, post on slashdot, and forget to apply patches. hmmm... Then again, I guess some places do pay their sysadmins to do just that.

      Hey I resemble that remark!

      --
      "Learning is not compulsory... neither is survival."
      --Dr.W.Edwards Deming
    14. Re:Unfortunate but needed by dukerobillard · · Score: 1
      "An understanding of the law, a stack of envelopes, and occasionally plane fare are more than enough" is rarely enough.....Its downright amazing how many hundreds or thousands of dollars you can spend just on making copies...

      This is why the IBM suit against SCO is such good news. There is no way that SCO can survive a legal assault from IBM, the Lord of IP. IBM can spend more money on copying than SCO can spend on their whole case.

      Sometimes you catch a break.

    15. Re:Unfortunate but needed by Ian+Wolf · · Score: 1

      I particularly like the ploy, "But we didn't realize we were giving it away."

      --
      "The words of the prophets are written on the Slashdot walls."
  10. NOW by Ever+Dubious · · Score: 1, Funny

    What does Open Source have to do with the National Organization of Women?

    1. Re:NOW by Anonymous Coward · · Score: 0

      Neither one has any heterosexual members.

    2. Re:NOW by Clockwurk · · Score: 1

      No one will mod you up since oversensitive slashbots are usually the ones with mod points, but I found your post extremely funny and enjoyed a refreshing chuckle as a result. Thanks

    3. Re:NOW by Ever+Dubious · · Score: 1

      NOW now...

    4. Re:NOW by Anonymous Coward · · Score: 0

      yes, that is funny. whether or not you were seriously doesn't matter to me, I took it as a joke, and a nice one.

    5. Re:NOW by vsprintf · · Score: 1

      What does Open Source have to do with the National Organization of Women?

      That's the National Organization for Women, you insensitive Karma . . . er, peddler.

    6. Re:NOW by Anonymous Coward · · Score: 0

      I don't need your pity, you bitch.

  11. OSN???? by Cranst0n · · Score: 5, Funny

    Why not just call it...

    Save Open Source (SOS)?

    --
    Just realise the reality of the situation..... There is no reality.
    1. Re:OSN???? by WhytTiger · · Score: 4, Funny

      I think a better name would be Save Creative Openness (SCO)... obviously that abbreviation won't be in use for much longer

      --
      My Sig Beat up your Honor Roll Sig
    2. Re:OSN???? by saskwach · · Score: 2, Funny

      Or...Serenity Now.
      Owls Swoop Nightly?
      Our Saviour...Nah.
      Ornery Software Nerds...
      Oh well, Silly Name.

    3. Re:OSN???? by PoorPost+Troll · · Score: 1

      PoorPost Form v. 0.1 Your post has been moderated positively but that moderation must have been in jest or error. Your post sucks. Please review this form to understand the weaknesses in your post and how to produce higher quality posts in the future. [*] Your post was modded funny but is not really funny. This is because: ( ) You post simply used M$ instead of MS ( ) You went back to beating the Windows security dead horse (*) You made a tired SCO joke ( ) You made a Jon Katz joke (who?) ( ) MS blowz, linux rules (or a variant) ( ) You made an unoriginal joke about Slashdotting (servers turning to powder, melting, etc.) ( ) Other (please comment here: ) [ ] Your post is modded insightful, informative, or interesting. In fact it is neither of the three. This is because: ( ) You stated the obvious ( ) You simply tossed out lots of five-dollar words ( ) It was in response to a poorly-written post or troll ( ) You copied text from a previous post that really might have been one of the three I's ( ) You simply criticized Microsoft without making it funny ( ) It is bloated with unnecessary technical claptrap ( ) All you did was pose questions (like a stoner) ( ) All you did was pose questions (like a lawyer) [ ] Your post may be rated too highly in general for the following reasons: ( ) You are an asterisk who has, knowing the story's release time in advance, pounceposted to get first p0st and get modded up early ( ) You are one of the editors and are getting your ass kissed ( ) One of your fans has weighed in for you ( ) One of the editors has blessed it with an "underrated" [ ] Additional comments: Thanks for posting! Better luck next time! :) ( This form is currently in alpha and suggestions for its improvement are always welcome. )

    4. Re:OSN???? by killthiskid · · Score: 1

      Your post would be much, much better if it used proper formatting. Allow me to try:

      PoorPost Form v. 0.1

      Your post has been moderated positively but that moderation must have been in jest or error. Your post sucks. Please review this form to understand the weaknesses in your post and how to produce higher quality posts in the future.

      [*] Your post was modded funny but is not really funny. This is because:

      • ( ) You post simply used M$ instead of MS
      • ( ) You went back to beating the Windows security dead horse
      • (*) You made a tired SCO joke
      • ( ) You made a Jon Katz joke (who?)
      • ( ) MS blowz, linux rules (or a variant)
      • ( ) You made an unoriginal joke about Slashdotting (servers turning to powder, melting, etc.)
      • ( ) Other (please comment here: )

      [ ] Your post is modded insightful, informative, or interesting. In fact it is neither of the three. This is because:

      • ( ) You stated the obvious
      • ( ) You simply tossed out lots of five-dollar words
      • ( ) It was in response to a poorly-written post or troll
      • ( ) You copied text from a previous post that really might have been one of the three I's
      • ( ) You simply criticized Microsoft without making it funny
      • ( ) It is bloated with unnecessary technical claptrap
      • ( ) All you did was pose questions (like a stoner)
      • ( ) All you did was pose questions (like a lawyer)

      [ ] Your post may be rated too highly in general for the following reasons:

      • ( ) You are an asterisk who has, knowing the story's release time in advance, pounceposted to get first p0st and get modded up early
      • ( ) You are one of the editors and are getting your ass kissed
      • ( ) One of your fans has weighed in for you
      • ( ) One of the editors has blessed it with an "underrated"

      [ ] Additional comments:

      Thanks for posting! Better luck next time! :) ( This form is currently in alpha and suggestions for its improvement are always welcome. )

      -----------

      There, isn't that better? Highly readable and somewhat humourous. Maybe you can start a new trend. I've made you a 'friend' so I can watch your progress. I do have one request. Please make the version .2 now... maybe even give me credit. Here's the html code in case you're lazy:

      <p><strong>PoorPost Form v. 0.2</strong></p>
      <p>Your post has been moderated positively but that moderation must have been in jest or error. Your post sucks. Please review this form to understand the weaknesses in your post and how to produce higher quality posts in the future.</p><p>[*] Your post was modded funny but is not really funny. This is because: <ul>
      <li>( ) You post simply used M$ instead of MS</li>
      <li>( ) You went back to beating the Windows security dead horse </li>
      <li>(*) You made a tired SCO joke </li>
      <li>( ) You made a Jon Katz joke (who?)</li>
      <li>( ) MS blowz, linux rules (or a variant)</li>
      <li>( ) You made an unoriginal joke about Slashdotting (servers turning to powder, melting, etc.) </li>
      <li>( ) Other (please comment here: ) </li></ul>
      </p>
      <p>[ ] Your post is modded insightful, informative, or interesting. In fact it is neither of the three. This is because: <ul>
      <li>( ) You stated the obvious </li>
      <li>( ) You simply tossed out lots of five-dollar words </li>
      <li>( ) It was in response to a poorly-written post or troll </li>
      <li>( ) You copied text from a previous post that really might have been one of the three I's </li>
      <li>( ) You simply criticized Microsoft without making it funny </li>
      <li>( ) It is bloated with unnecessary techn

    5. Re:OSN???? by PoorPost+Troll · · Score: 1
      Thank you, sir. This time, I FAILED IT because I mistook for
      , but will use your 0.2 version in the future. Thank you for helping to increase the quality of Slashdot posts.
  12. EFF? by Anonymous Coward · · Score: 4, Interesting

    Why is this necessary when we have the EFF?

    1. Re:EFF? by Gherald · · Score: 5, Insightful

      Why is this necessary when we have the EFF?

      The EFF is much more broad.

      RedHat is only concerned with Linux and the GPL, plus they want the publicity.

    2. Re:EFF? by ColonelPanic · · Score: 1

      Go to the EFF and search for "SCO". The absence of materials relating to SCO's antics this year is downright weird.

      --
      "Skill shows through where genius wears thin." -Wittgenstein || Religion: uniting aviation and architecture.
    3. Re:EFF? by babyrat · · Score: 1

      plus they were willing to pony up a million $$$

    4. Re:EFF? by Gherald · · Score: 1

      > plus they were willing to pony up a million $$$

      Thankyou, Captain Obvious.

    5. Re:EFF? by vsprintf · · Score: 1

      Thankyou, Captain Obvious.

      Considering the slap, it looked to me like it was time for Captain Obvious to put in an appearance. RH could buy lot of ad space for a million dollars. Thanks Captain. :)

    6. Re:EFF? by Gherald · · Score: 1

      The slap..?

      Oh, I see. You guys must think I am somehow demeaning RedHat's contribution because I'm not all gun ho about it?

      Well I see it this way:

      1) They are protecting their business investment in the GPL
      2) The publicity serves to strengthen OSS user/developer's endearment to them in ways that ad space would not.

      So in other words its great for Red Hat and good for Linux, but nothing to write home about.

  13. Lobbying? by raistphrk · · Score: 4, Insightful

    Perhaps they could also use some of this fund, or another one, to start lobbying for less restrictive copyright laws? Even better, lobbying for legal recognition of the GPL would be a better goal. If the GPL is codified into law as an enforcable license, absurd lawsuits would carry far less weight in a court.

    Of course, given the current makeup of the Congress, it would be more likely to see the GPL invalidated in national legislation than supported.

    1. Re:Lobbying? by saskwach · · Score: 1

      The GPL is being tested as law in this...More useful would be to get patent law revised in the US.

    2. Re:Lobbying? by Anonymous Coward · · Score: 0

      Of course, given the current makeup of the Congress, it would be more likely to see the GPL invalidated in national legislation than supported.

      Because the USA's goverment is obviously the only place where you could lobby for free software. What does the rest of the world matter anyway?

    3. Re:Lobbying? by raistphrk · · Score: 1

      Well, as it stands, the EU tends to listen more to open source users more than the US. Logically, that would indicate that the US needs more lobbying pressure on the behalf of open source users.

    4. Re:Lobbying? by Anonymous Coward · · Score: 0

      The GPL relies on restrictive copyright laws to work. If you could just freely copy other people's work, you couldn't GPL your own. People could copy it and sell it if they wanted.

      See, you're not really in favor of "free" software after all. You're in favor of software that attempts to force other developers to conform to your own political philosophy. And so you attempt to bribe them with some hopefully valuable code into accepting your terms.

      Some people just ask for money; it's simpler.

    5. Re:Lobbying? by Alsee · · Score: 1

      The GPL relies on restrictive copyright laws to work.

      No, the GPL relies on copyright law to work. The GPL would work just fine under far less restrictive copyright law.

      Your error is that you are arguing in support of bad and oppressive copyright law because you think that is better than eliminiating copyright law entirely. Perhaps bad and oppressive copyright law is better than eliminating copyright entirely. You are still wrong because your argument is a fallacy. In particular you used fallacy #24:False Dilemma.

      There are actually four possibilities. (1) Eliminating copyright law. (2) Less restrictive copyright law. (3) Current copyright law. (4) More oppressive copyright law. An argument against (1) is invalid against someone suggesting (2). And then there are the real idiots who think that any argument against (4) equals an argument for (1).

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  14. The site is about OSS in education and government by tvm662 · · Score: 1

    This site is about Open Source Software in education and goverment and its been around for quite a while. I don't know why Redhat have decided to name two things its doing by the same name. I found out about it looking for the fund, but there doesn't seem to be any info on the site about the fund or how you can contribute to it.

    Tom.

  15. Re:Jessus Dupe-Dancing Christ. by Anonymous Coward · · Score: 0

    I go to all the trouble of making it a hyperlink, and somebody just cuts and pastes it into their post! Now I will get redundant mods and I'll be living in a van, down by the river !

    My other sig is a peice of shit, too.

  16. Re:Jessus Dupe-Dancing Christ. by Anonymous Coward · · Score: 0

    i modded your post up, thats what a nice guy i am.

  17. think twice by lostinchicago · · Score: 0
    Open Source Now is designed to help the open source community build advocacy in the same way it builds software--by empowering individuals.

    translation - we are getting whoever we can to support a choice "individual" and use all the backing as leverage. They are looking for cattle, people to make a fuss when people are stupid and wine about bad stuff happens, then because there is a mass of people that could and would put pressure on whoever or whatever that "individual(s)" decide things get done

    now the catch is how there gonna turn some profit from this venture. People will disagree with this statement and say its for the cause but in the end they wouldnt put effort and money into somthing unless they expect to get substantially more in return.

  18. 503C status? by Hayzeus · · Score: 4, Interesting

    I may have missed this on the home page, but is OSN a 503C non-profit?

    1. Re:503C status? by Anonymous Coward · · Score: 0

      And by 503C, you mean 501(c)(3), I assume.

      At least get it right before you post. And moderators...can't you do better?

    2. Re:503C status? by Hayzeus · · Score: 0, Offtopic
      Sort of -- it was done slowly over a long period of time. The server-side software was something of a PITA, but you could do something similar (although with fewer capabilities) using apache, CGI, some and some kind of capture program.

      The robot itself needs good sensor coverage, since it is being driven around by random people on the internet. Sonar works well in this regard. Big batteries are also pretty much required for decent run-times (important if you want your web-cam to be up on a regular basis).

      The plan ultimately is to add some online object-recognition and video-based navigation demos. My time is somewhat limited these days, though.

    3. Re:503C status? by lamber45 · · Score: 1

      It seems like the stated purposes of the fund would qualify as "charitable (relief of the opressed)" INCLUSIVE-OR "scientific". However, RedHat would have to organize the fund as a nonprofit corporation and make an application to the IRS. It seems to me they should do that ASAP if they're serious about this.

    4. Re:503C status? by Alsee · · Score: 1

      I think it's 255FF.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    5. Re:503C status? by Anonymous Coward · · Score: 0

      Please don't interfere with my kharma-whoring. Your jealously of my supreme whoring skillz is clearly in evidence, and frankly, quite embarrassing for both of us.

  19. Sco Fund by rf0 · · Score: 2, Interesting

    I don't think it will be needed in the main case as IBM will pull SCO under with the length of the trial. They have much deeper pockets. However for the little folks that will be good. Also hope they EFF get in on it and all works out nicely

    Rus

    1. Re:Sco Fund by BFKrew · · Score: 2, Interesting

      IBM do have far greater resources than SCO and can afford to drag this through the courts.

      However, it needs to be established if SCO have a case (I don't think they do) and if so, the offending code needs either replacing or paying for - resolving in some way.

      If this ends up with IBM winning through greater financial resource, I don't think the matter will have been answered... afterall, when will the next company make similar charges? What happens if a larger beast than SCO makes the charge?

      Burying heads in sand isn't the way to resolve this.

  20. What DOES that MEAN?!?!? by Anonymous Coward · · Score: 0

    WTF does "Wildcat is on teh spoke" mean???

    1. Re:What DOES that MEAN?!?!? by Anonymous Coward · · Score: 0

      It's the short version of another troll. Some developer at Bungie has a thing for the word "wildcat".

    2. Re:What DOES that MEAN?!?!? by Anonymous Coward · · Score: 0

      OMFG have you seen the Halo 2 trailer it's like slow and it's telling you all the stuff you did in the first one then the music kicks in and and the chief comes out and gets a gun the earf is on fire and chief is like fuck this im jumping and HE JUMPS PUT OF TEH SPACESHIP with angels singing and he lands on the bad guys and that annoying ai lady is like GO GET EM TIGER! WILDCAT IS ON TEH SPOKE!!!~`1 and theres less polys but rawkin bumb mappings you can view this on a special MICROSOFT xbox disk that comes with EB games store.

    3. Re:What DOES that MEAN?!?!? by Anonymous Coward · · Score: 0

      NO si teh secrte NSA codefrase!!!~1 Mayb yuo are teh agents KEKEKE

  21. Forgive my possible naievity by BFKrew · · Score: 3, Interesting

    But do Red Hat know something that possibly the greater community do not?

    If there has been no infringement then logically there would be no need for this fund as, again logically, it could be demonstrated in every court that Linux doesn't contain any SCO material.

    I guess that this is not just for the SCO charges, but maybe for other similar charges from other companies who may, sometime in the future, level the same accusations.

    Maybe I am well off track here, but surely it would be of better use to the community for SuSE, IBM etc to also put into the pot.... I guess the interest gained alone from such a pot would be huge if it is to protect people from charges similar to SCO which I will guess will end up costing millions.

    I really hope this can be finally be put to rest sometime soon, as this kind of 'war chest building' does not inspire confidence. I have said before that whilst these charges, counter charges and now this warchest it is going to make those who are looking at migrating someway towards Linux a little concerned.

    1. Re:Forgive my possible naievity by Bassman59 · · Score: 2, Insightful

      "If there has been no infringement then logically there would be no need for this fund as, again logically, it could be demonstrated in every court that Linux doesn't contain any SCO material."

      You still need $$$ to pay the lawyers so you can "demonstrate in every court."

    2. Re:Forgive my possible naievity by MAXOMENOS · · Score: 4, Informative
      If there has been no infringement then logically there would be no need for this fund as, again logically, it could be demonstrated in every court that Linux doesn't contain any SCO material.

      This is a non-sequitur. The simple fact is that it is going to cost money -- a lot of money -- in order to prove that Linux doesn't contain any SCO material. Lawyers need to be paid, witnesses need to be briefed, exhibits need to be made, etc. All that takes cash, regardless of the merits of the case.

    3. Re:Forgive my possible naievity by BFKrew · · Score: 1

      What happens if there IS code in Linux that SCO own? So far, everything I've read on Slashdot says there isn't and I have not read any posts that ask the 'what if...'

      If it can be shown that there is an infringment in the code, in any court, then it will make for an interesting case.

      In any event, is there anything other than the IBM financial power that could stop this type of case again? Playing Devil's Advocate, what would happen if (say) Microsoft backed SCO against IBM?

      A lot of questions here, but I don't know any of the answers...

    4. Re:Forgive my possible naievity by Samari711 · · Score: 1

      SCO is very well shooting themselves in the foot by continuing to disribute linux with full knowledge that their code is in there. that means SCO's code is GPLed, unless the courts throw out the GPL. in that case all hell will break loose

      --

      I never said I was smart, I just said I was smarter than you

    5. Re:Forgive my possible naievity by DickBreath · · Score: 4, Informative
      Yeah. What if?

      If there is SCO code improperly copied by IBM into Linux, then...
      • IBM will have to pay for SCO's damages. (SCO has never sold an "enterprise" version of Unix. SO what are SCO's damages?)
      • SCO will have to claim that they did not know what they were distributing for eight years under the GPL. (Counteragrument is that they either knew or should have known)
      • SCO can NOT claim damages from end users. Liability does not attach to end users.
      • SCO could try to claim damages from distributers, such as Red Hat. But SCO's copyright registration has occured way too late to claim anything but actual damages. Red Hat is not guilty of willful infringement. In fact Red Hat has tried to cure the infringement by finding out exactly what is infringing so that they can remove it.
      • There are no trade secrets at issue.
      • There are no patents at issue.
      • There are no trademarks at issue.
      • There is possibly a copyright issue.
      • You cannot claim damages when you help create the damage: still offer Linux source for downloads.
      • You cannot claim damages when you help create the damage: not allow anyone to cure the infringement.

      So just what would happen? IBM might have to cure the infringement and pay whatever damages that SCO can proove. Even in the worst possible outcome, this will be a bump in the road for Linux. In fact, the FUD is doing much more damage than a successful SCO outcome could possibly do.
      --

      I'll see your senator, and I'll raise you two judges.
    6. Re:Forgive my possible naievity by McFly777 · · Score: 1
      What happens if there IS code in Linux that SCO own? So far, everything I've read on Slashdot says there isn't and I have not read any posts that ask the 'what if...'

      The question has not been asked because the answer has been stated already. If there is SCO code, then it will be cut out and replaced, as soon as SCO identifys the offending bits.

      Right now SCO is saying, "You have something of mine in your house, but I am not going to tell you what or where it is, because then you might return it to me. Instead, I am going to charge you rent on the item, and if you don't pay I am going to go on TV and say you are a thief. Someday in the [relatively] distant future I will take you to court, but that might clear you, so I will delay as long as possible."

      --

      McFly777
      - - -
      "What do people mean when they say the computer went down on them?" -Marilyn Pittman
    7. Re:Forgive my possible naievity by DickBreath · · Score: 1
      Let me add more to my previous post.

      Even in the event of a successful outcome for SCO....
      • SCO is still infringing four of IBM's patents. All of SCO's current products infringe. So an injunction by IBM will cut off ALL OF SCO's REVENUE! A preliminary injunction would have this effect immediately, before SCO ever gets to trial.
      • Patent infringement lawsuits are expensive to defend. You must either (1) proove you don't infringe, or (2) proove the patent is invalid. Either requires lots of expensive patent research.
      • The damages IBM might proove might vastly exceed the infringement damages that SCO might proove, even if SCO were successful.
      • If SCO wins, Red Hat can still win some of the claims in their lawsuit against SCO because of SCO's behavior. Some of these call for tripple damages that Red Hat has suffered.
      --

      I'll see your senator, and I'll raise you two judges.
    8. Re:Forgive my possible naievity by saskwach · · Score: 1
      If there actually is any infringement, which does seem possible, I would think that a rational judge would say "fix it, you have 1 month" or something to that effect, and a month later all would be peachy and dandy. Meanwhile SCO refuses to show anyone the "infringing" code because they know it'll just get fixed. If they were honest businesspeople trying to make some money off their UNIX, they would have just shown the code, asked for it to be changed, and that would have been the end of it. But no; not only do they refuse to show anyone what needs fixing, but they continue to offer linux, directly violating the GPL.

      By the way, Microsoft is backing SCO against IBM.

      There's a start for your answers.

    9. Re:Forgive my possible naievity by canfirman · · Score: 1

      A lot has been said about Redhat gaining publicity with this move, but I offer these questions: what if nobody decided to do anything? How would the public view it? IBM is already knee-deep in this case since SCO "killed" their UNIX deal (puts a lot of AIX customers on the ropes). So, of course they'll launch a counter-suit. However, I think there would be a cry from the Linux community for somebody to stand up to SCO *other* than IBM. You have to give Redhat credit. They're putting their money where their product is.

      --
      It is not our abilities that show what we truly are... it is our choices.
    10. Re:Forgive my possible naievity by Anonymous Coward · · Score: 0

      you use a ton of unneccessary double consonants my friend...

      proove
      loose
      tripple
      and if i spelled the long u-work wrong kill me.
    11. Re:Forgive my possible naievity by DickBreath · · Score: 1

      you use a ton of unneccessary double consonants my friend...
      proove
      loose
      tripple


      Ooops, I meant...
      Prooooove
      Looooose
      and... Triple


      and if i spelled the long u-work wrong kill me.

      Thaaaat seeeeems a biiit haaarsh.

      --

      I'll see your senator, and I'll raise you two judges.
  22. Re:Jessus Dupe-Dancing Christ. by MAXOMENOS · · Score: 2, Informative

    The post to which you refer announces the countersuit. This post announces the actual launching of the fund, complete with a website where you can join and make contributions.

  23. Donate to the Anti-SCO fund by Anonymous Coward · · Score: 1, Interesting

    Help support your favorite charity or donate to the anti-sco fund to help others protect the open source.

    www.antitshirts.com

  24. Mixed feelings. by stephenry · · Score: 5, Interesting

    Though it's great that somebody is willing to step up and offer legal protection to Linux, the kind that Microsoft are readily willing for the lack thereof. How will this help?

    Take a look at SCO. For the last couple of months they have been spouting nonsense, slander and let's be honest FUD. In fact, in the face of the current IBM countersuit, they have the gall (read: stupidity) to launch another claim.

    Now, all this is quite illegal, as IBM's lawyers have pointed out, but has it stopped SCO? No, not until 2005, at least. Until that time, SCO can say and do as it more-or-less pleases, until an injunction anyways. They will nodoubt reep the rewards for there behaviour, but that doesn't stop the damage they're causing in the meantime, until the courts get around to dealing with it.

    Reason, let alone a cadre of Open Source Funded lawyers won't stop SCO. That's just the way it is.

    1. Re:Mixed feelings. by Anonymous Coward · · Score: 0

      Another point: 2005 is the projected release date for Windows Longhorn. Coincidence? I think not.

    2. Re:Mixed feelings. by stephenry · · Score: 1

      Windows Longhorn has been out for a long time now, it's called OSX. ;p

    3. Re:Mixed feelings. by Gzip+Christ · · Score: 2, Insightful
      Though it's great that somebody is willing to step up and offer legal protection to Linux, the kind that Microsoft are readily willing for the lack thereof. How will this help?
      until 2005... SCO can say and do as it more-or-less pleases
      Oh, RedHat's suit against SCO will definitely help. One of the most important things to note about SCO's suit against IBM is that Boies' law firm is doing it on a contingency basis, so it is costing SCO practically nothing. However, the RedHat suit is a separate issue and there's a good chance that it isn't covered by the contingency and as such is going to cost SCO real money to defend against. It would be wonderful if SCO were bled dry by such suits before we even make it to 2005. I haven't run the numbers myself, but other people have pointed out that SCO's financials are awful and they may not make it very long even without having to defend against a flood of counter suits.

      Incidentally, it's also possible that IBM's countersuit is costing SCO money to defend. If Boies is doing that one on a contingency as well, then it has to be more than a little annoying for him because it includes patent infringement claims which will necessarily require additional lawyers to be put on the case because of the specialization in patent law required, and this will at the very least entail a substantial opportunity cost because those lawyers could be working for paying clients.

      I say open the floodgates and bring on all the counter suits that can be mustered. Every single kernel contributor should be suing SCO right now for infringing their copyrights through illegal distribution of their code.

    4. Re:Mixed feelings. by babyrat · · Score: 1

      the Germans seemed to stop SCO's silliness there...

    5. Re:Mixed feelings. by Anonymous Coward · · Score: 0

      their! their! for the love of Jesus our lord and savior their!

  25. Watch the Halo 2 trailer by Anonymous Coward · · Score: 0

    Because HE JUMPS OUT OF THE PLANE and the lady is like Wildcat is on teh spoke!

  26. Re:Jessus Dupe-Dancing Christ. by wo1verin3 · · Score: 1

    except that unless you actually logged out (as opposed to being logged in and choosing 'post anonymously' your mods will be removed.

  27. Is Linux still free? by Sean80 · · Score: 5, Insightful
    Maybe I'll be flamebaited again for this.

    You know, back in the day, when I first came to Slashdot, Open Source was all about the free, wild and woolly creation of software, about freedom from The Man, and doing stuff because it was a Nerd Mountain and by goddamn we were going to climb it. I'm never sure if I should be happy or sad that companies such as Red Hat and Oracle are essentially hijacking the popularity of Linux. At the end of the day, is it about being on everybody's desktop or server, or is it about having written good code without a boss? Coding just for the sake of coding, fixing problems without having to beg marketing to let you do it.

    What do I say this? Well, I just can't bring myself to believe that Red Hat has the interests of the greater community at heart here. In my view, they are simply trying to protect their revenue stream. Without companies turning to Open Source, they simply don't have any customers.

    Maybe that's obvious, but I think amongst all of the support that this fund will have, it's at least good to have it said.

    1. Re:Is Linux still free? by BFKrew · · Score: 1

      Also, can you buy the kind of publicity this type of offer will generate?

    2. Re:Is Linux still free? by GoofyBoy · · Score: 5, Insightful

      Interesting point. I think it comes down to that different people will use Linux for their own purposes. You (I am assuming) want it to make really neat code that does something worthwhile/meaningful. I want it as a good platform to run Java code or a server.

      Once it gets into the hands of companies, they are going to have this legal/political/money crap Not that there is anything wrong with that, its just this is how they work.

      Just as long as Linux is freely available, open and people can get their hands deep into its ugly belly, just ignore all of this crap. Just as you would ignore how anyone else uses Linux for writing Java code or running servers.

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    3. Re:Is Linux still free? by Anonymous Coward · · Score: 1, Insightful
      In my view, they are simply trying to protect their revenue stream

      Duh. They are a business. That's what they should be doing. It's not like making this fund or filing the suit against SCO has made Linux any less free. There is no connection there. If anything, they are helping to protect the freedom.

      Free Software in the business world does introduce business concerns. If that does not concern you, go use the freedom how you want.

    4. Re:Is Linux still free? by mla_anderson · · Score: 1

      Let's see, one of the biggest names in Open Source and in Linux, the only one I'm aware of that allows free downloads of their ISOs has just setup a fund for defending attacks on Open Source developers. And this is only a ploy to make more money?!!!!

      --
      Sig is on vacation
    5. Re:Is Linux still free? by Anonymous Coward · · Score: 0

      You know, back in the day, when I first came to Slashdot...

      Back in the day? Looking at your user page, I'd say you've only been here since April of this year. Somebody is trollin', or just really lame.

    6. Re:Is Linux still free? by Anonymous Coward · · Score: 0

      Interesting point, but it is worth noting that Red Hat is a major reason why Linux became popular in the first place. Because of that, it seems disingenuous to say Red Hat is "essentially hijacking the popularity of Linux".

    7. Re:Is Linux still free? by ebbomega · · Score: 1

      This is an old debate, and really off-topic if you ask me. But whatever.

      Red Hat releases the source code. Red Hat is freely distributable. If you own Red Hat, and if you paid for it and everything, you have every right to turn around and redistribute it to whomever you want. THAT is what makes the GPL so useful.

      Yes, there are commercial interests in Linux. This is great, because it promotes exposure of the operating system. But still, you can go to kernel.org and download the latest kernel, you can go to sourceforge and download all the latest projects running for linux, and if you want to pull what people were doing way back in the day, you can compile linux from scratch, or even use Slackware or Debian, and still use Linux to the same effect of using Red Hat, Mandrake, Xandros or some other more commercial Linux distro.

      It's still free, and the GPL makes it so that it will always be free. Remember that part of the freedom is that a commercial venture can go around and sell it, but who would want to buy when you can go download it for free? So this is why Red Hat et al offer different things: Pre-compiled binaries, RPM system, a lot of user-friendly configuration stuff.

      If you want to pull the old hacker-deal, by all means go compile linux up from scratch or use Debian or Slackware or whatever you want to. Linux and all of its components to make it work are still Free for the use of all people, be they corporate or home users.

      --
      Karma: Non-Heinous
  28. Re:All the money will go towards people being sued by Anonymous Coward · · Score: 2, Insightful

    20% is modest and truly "small" compared to welfare administration and every one of the charities that call you on the phone.

  29. perhaps some info by noldrin · · Score: 3, Informative

    I still don't see anywhere to donate money. The open source fund right now seems little more then redhat.

    1. Re:perhaps some info by Anonymous Coward · · Score: 0

      I too cannot find a donation page. I will happily toss $20 into the pot...

  30. oh shut up by Anonymous Coward · · Score: 0

    It's a dupe you brown noser

  31. SCO, eh? by rice_burners_suck · · Score: 5, Funny
    It looks like this Open Source Now fund is getting more important every day:
    For immediate release:

    Smoking Crack Operation (NASCRACK: SCO) announced legal action against Microsoft Corporation for violating SCO intellectual property. The lawsuit comes on the heels of legal action targeting IBM, all the Fortune 500 companies, the governments of two world superpowers and six third world nations, millions of computer users worldwide, and God.

    "Microsoft is using underground hacker software called Linux," said SCO CEO Darl McBluff. "They are using Linux to develop operating system software, codenamed Microsoft Windows, which violates our intellectual property rights. Competition from Microsoft and other companies is eating away at our sales," McBluff said. "Die fuckers!!!"

    According to an SCO spokesperson, Linux violates SCO copyrights by using code developed, trademarked, copyrighted and patented by IBM. Microsoft Windows violates SCO's self-proclaimed right to eternal, perpetually increasing profits.

    Experts from the Gartner Group suggested that all users of Linux, Windows, IRIX, Plan-9, CP/M, Palm OS, OS/390, UNICOS, TOPS-20, Mac OS, DOS and OS/2 immediately pay SCO a nominal licensing fee of $699 for each instance of every process that executes on these operating systems, retroactive to 1960. SCO is offering a special accounting package to compute the daily licensing payment requirements and offers convenient financing options. "We suggest you pay up," McBluff said, commenting on the Gartner report, "or we will break your legs and burn down your homes and businesses."

    (I know we're only joking, but with SCO, it could happen!)
    1. Re:SCO, eh? by 0racle · · Score: 1
      According to an SCO spokesperson, Linux violates SCO copyrights by using code developed, trademarked, copyrighted and patented by IBM.
      Its funny because its true. This is easily the funniest statement about the SCO case I've ever seen, and I've read press releases
      --
      "I use a Mac because I'm just better than you are."
    2. Re:SCO, eh? by Alsee · · Score: 1

      The lawsuit comes on the heels of legal action targeting IBM, all the Fortune 500 companies, the governments of two world superpowers and six third world nations, millions of computer users worldwide, and God.

      Note that SCO has thus far declinded to sue Satan, as he has far more lawyers "on staff" than all of the above defendants combined.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  32. bender? by feed_me_cereal · · Score: 3, Funny

    You mean there's a project to create bender? Sweet! That's much cooler than that weak-ass blender project!

    --
    "Question with boldness even the existence of a god." - Thomas Jefferson
    1. Re:bender? by Eric+Ass+Raymond · · Score: 1
      Hell, yeah!

      I'd pay a fortune for a robot with Bender's in-your-face-interface.

  33. How can anyone say this is NOT a good thing? by bailout911 · · Score: 5, Insightful

    Redhat doesn't HAVE to do this, and I'll wager it doesn't put "money in their pocket" as so many Redhat bashers seem to be obessed with mentioning. It's good PR, yes, but it's also good for the community.

    Redhat makes IMHO the BEST out-of-the box distro. You want something that just works (tm)? 95% of the time, you're talking about Redhat. Is it perfect? No, not by a long shot, but it amazes me the sheer number of people who attack Redhat just because they are the market leader. Remember kids, if it's popular, it must be crap!

    --
    --Stupid Sig Here--
    1. Re:How can anyone say this is NOT a good thing? by FyRE666 · · Score: 4, Insightful

      Well said. I'm also confused by all the RH bashing that takes place here. I run Gentoo and RH on various machines at home and work, and RH has been a great OS for me! True, it's a little bloated, and I don't use RPM at all due to its dependency problems, but the OS does work out of the box, and works well!

      Redhat pay a lot of the main Linux coders, they offer their own training courses and they are currently the only Linux distri putting their money where their mouth is in the SCO case. In fact, I'll be buying and installing more RH systems to support them!

    2. Re:How can anyone say this is NOT a good thing? by Cro+Magnon · · Score: 1

      Actually, SuSe is probably better than RH in the "just works" department. But I do agree that this is a good thing. Certainly RH is doing it for their own interests, but it also helps the community.

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    3. Re:How can anyone say this is NOT a good thing? by Knife_Edge · · Score: 1

      Well, the problem I have with Redhat is that their core business is selling support for their distro. Unfortunately, this is really obvious from the way things are set up. Particularly, their GUI configuration tools do not always work, and when they fail, I have had trouble finding good documentation on how to make things work. I think this is intentional, they want people to purchase some support from them, so they create situations in which it is needed. I don't know what kind of hardware you are using that Redhat works 95% of the time, out-of-the-box, but in my experience either hardware or software config will need tweaking in order to make it perform the task I want. Regardless of distro, this is true, and the easier a distro makes this tweaking process, the better I like it.

      The distro I use now is Debian, and while the configuration is not always as slick (flat text files in /etc, usually), the process is usually well-documented, either by the distro folks or the people who make the software. This allows me to figure things out myself more easily, without being dependent on a company to fix things for me.

      Disclaimer, my Red Hat usage ended at 8.0, at which point I switched to Debian.

      I really think that the GNU people are right to some degree that being stingy with knowledge impoverishes us all, while we could just as easily all be wealthy by sharing it. I think Redhat is in the position where it is advantageous for them to be stingy with knowledge, and this is not good for the community. Also, I could care less about who the 'market leader' of Linux is. That term is nearly meaningless, because Linux is not a product, it is a community process.

      Redhat is not a bad distro, but there are reasons to use a different one.

    4. Re:How can anyone say this is NOT a good thing? by Anonymous Coward · · Score: 0

      "I think this is intentional, they want people to purchase some support from them, so they create situations in which it is needed."

      Mind showing me the source code where it shows there are intentional if (working) {break it;} code is instead of just running your mouth with silly accusations? I didn't think so.

      "I think Redhat is in the position where it is advantageous for them to be stingy with knowledge"

      Mind backing this claim up either? The main reason i use RH is the 'just works' thing but secondly its because for a fairly large company they handle that power better than just about anyone else, I have a hard time thinking of any company outside of a chairty or a government that does more for the good of everyone. How much money has debian or gentoo or mandrake or suse or IBM put up to defend linux? well RH put in 1 million to defend the kernel we ALL use. how much have you put in?

    5. Re:How can anyone say this is NOT a good thing? by Knife_Edge · · Score: 1
      Mind showing me the source code where it shows there are intentional if (working) {break it;} code

      I think you may not understand the nature of my point. I am certain that absolutely no such blantant, deliberate breakage exists. Do you really think there would have to be an if statement checking to see if a certain situation existed, then create a configuration that doesn't work? You don't have to implement things that are implicit, just leave them out. Thus, they could know about certain hardware configurations, problems, whatever, and simply not put that case into their configuration tools (causing them to create an improper configuration), but have a fix on file for those who paid for support. The sources would never need to show any hint of this kind of thing.

      Why would I suspect something like this? Presentation. Their GUI config tools are presented to users as black boxes, and do not always work. Maybe they work for 99% of cases, making my point largely moot (possible), but they don't always work for me (I only have anecdotal evidence here). In those cases of failure, the tool becomes useless compared to more conventional means of configuration. In that case, the distro being from Redhat does not contribute any value - it actually wastes time as the tools they provide are not well documented compared with the software they operate on. And all the while you browse their site looking for answers, you are reminded they will be happy to sell you support.

      If you were working with the software to the point of auditing all the sources to make sure they worked yourself, you might as well just roll your own distribution because you would be doing all the work of a distro maker. Incidentally, could you show me the source code to Redhat Advanced Server? I was looking for it recently, but had a little trouble finding it. I guess you have to buy it or something, that's free software all right.

      How much money has debian or gentoo or mandrake or suse or IBM put up to defend linux? well RH put in 1 million to defend the kernel we ALL use. how much have you put in?

      You are right, this is completely benevolent charity. Redhat does not have a large monetary stake in the outcome of lawsuits against the Linux kernel. Get real, this is money they figured they would have to spend anyway, to protect a business interest, not because they care about the technology. And because of this reason, I have put up no money to support them. Free software can exist without huge business interests, but in the case of Redhat the reverse is not true. They just exist in order to make a profit from something they didn't create.

      They stink and I don't like them. They are the Microsoft of Linux, except Microsoft develops all of their software themselves. I won't play their free goofy software, pay for knowledge to get it working game.

    6. Re:How can anyone say this is NOT a good thing? by Anonymous Coward · · Score: 0

      I'll be buying and installing more RH systems to support them!

      I'll support them by buying their stock. Nice and cheap too.

  34. In a related development by AtariAmarok · · Score: 5, Funny

    In a related development, SCO has filed separae lawsuits against the government of Turkey and the Vienna Boys Choir for having employed eunuchs in the past.

    --
    Don't blame Durga. I voted for Centauri.
    1. Re:In a related development by kurosawdust · · Score: 2, Funny
      quoth the SCO public relations spokesperson, "these organizations really dropped the ball on this one..."

      *dodges...holy shit are those what I think they are??*

  35. Addendum by tds67 · · Score: 4, Funny
    In its most recent earnings report, SCO reported declines in product and services revenues in the six months that ended in April, compared with the same period last year. Those declines, however, were offset by $8 million in...

    ...SCO executive stock sales.

  36. so... by smatt-man · · Score: 1

    So, if SCO "buys" a copy of RedHat for "R&D" does that mean they'd be contributing to a fund to protect programmers against themselves? And if one of their programmers adds to any GPL code, they could sue their own employee but he'd be able to hire a laywer from the fund they added to...

    --

    ---
    Lousy rotten karmic retribution.
  37. ahem by asv108 · · Score: 5, Funny

    The FSF, will say it should be SFS (Save Free Software), but you can use your orginal name as long as you put a GNU/ in front of it.

    1. Re:ahem by Gherald · · Score: 1

      GNU/SOS does have a certain ring to it..

    2. Re:ahem by LimeColoredSloth · · Score: 1

      FSFSSFS (free software foundation says save free software)!

    3. Re:ahem by Alsee · · Score: 1

      I know you were reffering to SOS, but someone else suggested SCO, so how about we go with GNU/SCO.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  38. Yes, you're naive by El · · Score: 2, Informative
    The fact that you haven't harmed me doesn't do anything to stop me from filing a lawsuit against you! Sure, I won't prevail in court, but in the meantime it will cost you big bucks in legal fees! Trust me.. I was sued for $500,000 by somebody who subsequently dropped the suit, but not before I'd spent over $1000 on lawyers to respond to her claims. (If you don't respond, they automatically win.) And of course, she claimed to be transigent, which means the court waived all filing fees, and her attorney was working on a commission basis. Bottom line -- she managed to cost me thousands, and didn't have to spend a dime of her own money!


    But I'm digressing. Yes, here in the US, you _do_ need to protect yourself from litigation, even if the litigation is totally unjustified and spurious. And countersuing for abuse of process offers little relief when the entity suing you has no assets of values anyway. SCO has nothing to lose, that's what makes it dangerous!

    --

    "Freedom means freedom for everybody" -- Dick Cheney

  39. This isn't news by pjack76 · · Score: 5, Informative
    This isn't news. There's no new info in the eetimes article, and that page at RedHat never contained information about the fund itself. The "Open Source Now" page is just an advocacy group apparently devoted to spotting laws that would prevent adoption of open source in government etc.

    This seems different (though related) to the "Open Source Now Fund", which would specifically target legal threats against Linux and related things, like the FSF does for GNU.

    I haven't been able to find any info on how to contribute to the fund. I spoke with many Red Hat people at Linux World about it, and they didn't know. I sent an email to opensourcenow@redhat.com, and they never replied. I've also been talking with Red Hat salesmen for the past week or two trying to put together a proposal, and they don't know either.

    What's the hold up Red Hat? TAKE MY MONEY DAMMIT.

    --

    Wow, a lucrative publishing contract! I don't have to be evil anymore. --Meteor

  40. Unauthorized Derivitive? by darkstar949 · · Score: 1

    From the artical: "SCO has not been trying to spread fear, uncertainty and doubt to end users. We have been educating end users on the risks of running an operating system that is an unauthorized derivative of Unix," said the statement. Correct me if I am worng, but wasn't SCO's problem with Linux not that it is similar to Unix, but that it had "unauthorized propitary code" in it?

  41. Open Source? by Peldor · · Score: 0, Flamebait

    Shouldn't it be Open Wallet?

  42. no. by mattdm · · Score: 4, Insightful

    You can't copyright names. They're covered by trademarks. And it is totally within the bounds of fair use to call something by its name. The canonical example: I don't have to call it "that long race we have in Boston on Patriots' Day every year" just because the Boston Athletic Association owns the trademark "Boston Marathon". Likewise, if SCO is actually referring to Linux, they can call it that.

    This is a good thing.

    And this comes up on /. so often that it occurs to me that I've probably just been trolled, hard. Oh well.

    1. Re:no. by Gherald · · Score: 1

      I think it was an honest question, and your post was helpful.

    2. Re:no. by Zebra_X · · Score: 1

      In a non commercial context yes. However if a company such as say, ABC Bank wanted to use the "Boston Marathon" in an advertising campaign they could be sued by the Athletic association becuase it is a trademark, and they would first need to obtain the right to use "Boston Marathon". As stated on the BAA Site:

      "Boston Marathon, B.A.A. Marathon, and the B.A.A. Unicorn logo are registered trademarks of the Boston Athletic Association. Use of these trademarks without written permission from the Boston Athletic Association is prohibited."

      If Linux is indeed trademarked by Linus he has every right to enforce the use of his trademark. Clearly, it is to his benefit for the name to proliferate, but Linus would be well within his legal bounds to prohibit SCO from using the term "Linux" if it is in fact trademarked.

    3. Re:no. by Anonymous Coward · · Score: 0
      You can't copyright names. They're covered by trademarks. And it is totally within the bounds of fair use to call something by its name. The canonical example: I don't have to call it "that long race we have in Boston on Patriots' Day every year" just because the Boston Athletic Association owns the trademark "Boston Marathon". Likewise, if SCO is actually referring to Linux, they can call it that.

      Trademark law does not have a "fair use" doctrine. You can call something by it's name due to the First Amendment - freedom of speech. If a trademark owner wants to prevent someone from using their mark in a commercial product, they can. SCO is/was not merely calling the product by it's name, they were selling/distributing a product under a trademark that was not theirs, and Linus could prevent them from doing so.

      If you think about it, a trademark would have no value whatsoever if Joe Gucci can sell watches down at the corner and call them "Gucci", and the Gucci company couldn't do anything to stop it. I'll bet if you set up a race in Boston and called it the "Boston Marathon", the Boston Athletic Association would sue you in a Boston minute.

    4. Re:no. by Anonymous Coward · · Score: 1, Interesting
      Trademark Record

      Does Linus have any control over the hundereds of other trademarks that have Linux in their name?

      ie

    5. Re:no. by mattdm · · Score: 1

      In a non commercial context yes. However if a company such as say, ABC Bank wanted to use the "Boston Marathon" in an advertising campaign they could be sued by the Athletic association becuase it is a trademark, and they would first need to obtain the right to use "Boston Marathon".

      This is not so. If you're directly comparing your product to a competitors, for example, you're allowed to refer to them by name -- again, descriptive use of the trademark is fine.

    6. Re:no. by mattdm · · Score: 1

      Trademark law does not have a "fair use" doctrine.

      That's not true. It does. Here's a quick link from google for example. Or another.

      If you think about it, a trademark would have no value whatsoever if Joe Gucci can sell watches down at the corner and call them "Gucci", and the Gucci company couldn't do anything to stop it.

      If they are Gucci watches, the Gucci Company indeed can't do anything to stop it. Likewise, SCO can keep calling Linux "Linux". It feels bizarre to be defending SCO here, but c'mon.

    7. Re:no. by Zebra_X · · Score: 1

      Generally speaking these are the criteria for Trademark enforcement:

      * the trademark is being used on competing goods or services (goods or services compete if the sale of one is likely to affect the sale of the other)

      -- Does not apply

      * whether consumers would likely be confused by the dual use of the trademark, and

      -- Linus could possibly aregue this point as sco also lays claim to System V - He could possibly arge that SCO's use of Linux when they are clearly the owners of Unix could cause confusion in the market place.

      *the trademark is being used in the same part of the country or is being used on related goods (goods that will likely be noticed by the same customers, even if they don't compete with each other).

      Not long before, SCO offered their own version of Linux and Linux services i believe, it is those services and distributions that could qualify for Trademark infringement.

      Unfortunately - they have removed every trace of the Linux name from their site. Quite probably becuase they could be sued for infringement.

    8. Re:no. by mattdm · · Score: 1

      Not long before, SCO offered their own version of Linux and Linux services i believe, it is those services and distributions that could qualify for Trademark infringement.

      Not likely, because those things were directly referring to actual Linux. If they used the term to refer to a different OS, then there would be trouble. But that's not the case here.

      Unfortunately - they have removed every trace of the Linux name from their site. Quite probably becuase they could be sued for infringement.

      Is there a polite way to phrase "what are you smoking"? The name Linux is all over the SCO site, both in their new silliness and in older links referring to their Linux products. And if you look in their Legal section, you'll see that they correctly attribute ownership of the trademark to Linus Torvalds.

  43. A socialist site??? by YoDave · · Score: 3, Insightful

    With the FUD Microsoft and others spread about open source and the GPL being anti-american and bad for business, perhaps it isn't such a good idea for the site to look like it advocates socialism.

    Just my $0.02.

    1. Re:A socialist site??? by zpok · · Score: 1

      Nope, just stick with the softporn barbie look and please don't confuse us with any suggestion of good taste.

      --
      I think, therefore I am...I think.
    2. Re:A socialist site??? by Yokaze · · Score: 1
      You mean:

      My esteemed members of the jury. After hearing those facts about the stolen code (in a more silent voice) which we could not provide in order (clears his throat) to save the secrets. (Speaks normaly again) When comparing them with the allegations you have heard from those people from RedHat, keep in mind that those people have a red hat as sign and rely on the work of people. 'From each according to their means, to each according to their needs.' (Shudders)

      Now, they have even started and are relying on a public fund for this suit and suit likes this, in order to destroy our profit as assured to us in the Foundation.
      While they were starting this "fund", we had to lay of a significant number of personel to boost our stocks to make a better cut.
      The target of this fund is to eliminate the advantages of hard working companies have towards slacking companies in judical battles, or even towards single asocial, anti-capitalistic persons, which work for free.

      Not only that, the work is available to anyone without discrimination. They are using it actively in Red China. But also even to terrorists.

      So, keep in mind, this case is not only about whether it is right to demand what is ours but also how it will affect businesses all over our beloved nation.

      May God bless you, and save our nation from socialism.

      Yes, they certainly should avoid that.

      Place sarcasm tags at your discretion.
      --
      "Between strong and weak, between rich and poor [...], it is freedom which oppresses and the law which sets free"
    3. Re:A socialist site??? by broeman · · Score: 1

      Red and black color, a threatening arm and the words "OSN Army of Friends" is just a way of style. I doubt that everyone that runs around with Fidel Castro on their t-shirts are radical socialists. It is a form of provocation, and it appearently worked on you and btw it is also the same color as on Redhat's frontpage. Going as far to say Redhat is advocating socialism would be helping those who believe these symbols are 0wn3d by socialist groups. Remember that the target-group are people that are pissed off of the FUD from SCO(C), Microsoft(C) among other j3rks(C), and an agressive homepage looks in order.

      --

      (yes this can be compared with sex)
    4. Re:A socialist site??? by YoDave · · Score: 1

      You missed the point of my original post. *I* don't think they're advocating socialism. They made a stylistic choice when designing the site. My point is they may unintentionally validate the concerns of a business person or educator who's heard of open source but doesn't know much about it beyond what Microsoft says. Here's an example of what I mean.

      "I don't know about this open source stuff."
      "Microsoft says it's anti-American and bad for business."
      "But maybe they're just blowing hot air."
      "I'll do some googling and see what I can learn."
      "Oh, an advocacy site."
      "I see what the other side says."
      "I'll just click on the link here."
      "Waiting for the page to load..."
      "OH MY GOD THEY'RE COMMUNISTS!!!"
      "I guess Microsoft was right."
      "I'm a god fearing, red blooded American."
      "I won't have anything to do with this stuff."

    5. Re:A socialist site??? by broeman · · Score: 1

      I get you all-right, you said the page *looks like it is advocating socialism*. But I believe that words like anti-american is used by fundamentalistic conservative groups around the world (well, probably not anti-AMERICAN, but simular), and these are not in the target-group of this homepage or the foundation. While I agree that these people could use it as an argument for OSS is communism, I would believe that many people would see it as political thinking. It will harm Microsoft And Friends more than OSS on the long run.

      --

      (yes this can be compared with sex)
    6. Re:A socialist site??? by YoDave · · Score: 1

      The anti-oss group's are not the target. The uneducated people in the middle are. A large percentage of that very same group are fiercely anti-socialists. The ones here in America at least. Why take the chance of confusing, scaring or offending the very group you're trying to win over to your side. Also, why do it over something as trivial as the look and feel of a website. It's easy enough to select another theme that's just as cool.

  44. So what? by bigjocker · · Score: 2, Interesting

    I don't care if they use my donations to counter sue SCO. The Open SOurce Now fund is a charity, and they can help Red Hat if they please.

    Is not the point of this whole issue fight against the FUDfest from SCO? And who are the ones that have _legally_ answered. There are the folks from Germany and Australia, but from the big folks (who will ultimately be the ones that can solve this whole issue, as has been said before, this is not a matter of justice but of money) we only have RedHat and IBM (for now) taking our side (their motives are part of another discussion since a lot of people disagrees with the angle IBM choose to atack).

    IBM can fight all the way to the end of days in courts and will still have a lot of money in the bank, but Red Hat can't. If you feel uncomfortable with Red Hat using the donations to fight SCO then save your money, I'm puting my money where my mouth is and givin all I can spare to the fund.

    BTW, I DO believe this whole issue has the potential to make a lot of damage to Linux, just see the parties involved (SCO, IBM, Microsoft, Sun, etc) and you will realize they have crushed more than one company/movement in the past.

    --
    Life isn't like a box of chocolates. It's more like a jar of jalapenos. What you do today, might burn your ass tomorrow.
  45. Workers of the world: Check out that artwork! by Anonymous Coward · · Score: 0

    Okay, the neo-WPA art-of-the-worker look might work on a KMFDM cover, but OSN army's website is not a KMFDM cover. Why is it any open source effort has to go maximum with the pinko look. Why not Che Guevara with raised fist?

  46. "open-source (GPL)"? by Fweeky · · Score: 4, Interesting

    GPL is Free Software(R) -- Open source is a conciderably wider target than that. A quick look over the site doesn't show anything GPL-specific, just Linux-specific. BSDers need love too!

  47. WTF is this being modded up for?! by Anonymous Coward · · Score: 0

    Mod parent down! These posts are lame enough when it actually IS a dupe!

  48. The really awful thing by Bob+Loblaw · · Score: 1

    When the Open Source community is dancing on the empty husk of a company SCO will be, the execs of SCO will have sold all their stock, pilaged all SCO assets and disappeared to some tropical beach somewhere rather then answering for the smear-campaign that they started.

  49. Re:That's nice of them... (x1488) by Anonymous Coward · · Score: 0

    Why would anyone keep the interest? If it's a fund that has probably not reached it's full goals, and could use more money, why wouldn't it be rolled back into the fund?

    We need to start a new slashdot. One where everyone has a clue, and stupid posts like the parent are unnecessary. I've tried... I have about 300 foes, right now, but there's a lot more people out there.

  50. Good Job RedHat! by jesperht · · Score: 1

    I may not like your distro, but damn you guys are brave! Keep up the fight, and never give in!

  51. Third time maybe by bstadil · · Score: 2, Interesting

    I agree with you. I have tried to send money for a while, but no luck. Maybe the third time Slashdot posts this story RH will have a Donation link ready.

    --
    Help fight continental drift.
  52. huh, wait, if who sues who? by Anonymous Coward · · Score: 0
    support open-source (GPL) developers who are sued for copyright infringement.

    So wait a sec, this fund is to support developers like you and me who write GPL software, when we're sued by someone else? How often does that even happen? How about if the fund did something useful, and supported me when companies use my GPL code in their products?

  53. Nice work. by Anonymous Coward · · Score: 0

    Old story (like the day RH filed their suit against SCO), previously posted story... are the editors paying ANY freaking attention around here? I'm sick of reading the same stories every day.

  54. Uh Oh, SCO responds by Anonymous Coward · · Score: 0

    The actual deeds of the soldiers of the five countries fully demonstrate the determination and strength of the SCO member states in jointly attacking the three forces of terrorism, separatism and extremism and the deepening solidarity and cooperation among various member countries.

    http://english.peopledaily.com.cn/200308/13/eng200 30813_122258.shtml

  55. Not so by Anonymous Coward · · Score: 0

    Doing so only requires you to admit that your code is in the kernel. His hypothetical situation was that you charge SCO a fee for each licence they sell. You are not admitting that the kernel contains rogue code, only that SCO is selling licences, and your code is among that being licenced.

    Having said that, I'd have to look at the GPL again to see if such a thing is possible. And, I agree, Linus has the right idea.

  56. Insightful? by Anonymous Coward · · Score: 0

    No it's not! What the fuck do you mean?

  57. whoa.. communism?? by Anonymous Coward · · Score: 0

    is it just me or does the OSN site remind you of that "Open Source is Communism" advertisement/spoof that was circulating awhile back?

    - "Join in today and enlist with OSN's Army of Friends!"

    - all the red on black

    - the big hand in the bottom left??

    was the first thing that came to mind :-)

  58. Re:Uh Oh Spisghetti-0 by Anonymous Coward · · Score: 0
  59. The other thing we need.. by Trailer+Trash · · Score: 2, Interesting

    Is a fund to help open source developers get a lawyer and go after people who are infringing on their copyrights.

    It's high time (the SCO case should have made this obvious) that we in the OS community quit acting like laws only work for companies and start going on the offensive against companies that are infringing on our copyrights. The fact that SCO continues to distribute the Linux kernel even though they've rejected the GPL, for example, means that they're violating copyright law. There is talk of Linux code in SCO's operating system.

    We need to start defending our IP. Perhaps the fund could specify that when you win, a percentage of the winnings go back into the fund.

    Michael

    1. Re:The other thing we need.. by chipinnc · · Score: 1

      How can we prove that Linux code is in SCO's OS? We can't reverse engineer it to find out.. We would be in violation of the DMCA..... -Chip

  60. Self Funding? by Bob9113 · · Score: 1

    It seems to me that this thing could be self funding. If, for example, most of the major contributors to the Linux kernel were to offer a 50% stake in the awards in exchange for OSN handling the legal aspect, OSN could do copyright infringement settlements in cases like the Cisco Linux based routers that were being shipped without offering source code (I think it was Cisco), and full blown litigation with companies like SCO (who is continuing to distribute the Linux kernel in direct violation of the GPL).

    Theoretically, this could provide sufficient funding to retain the attorneys for any defensive issues. The only risk is that companies will stop violating the GPL and the source of funding will dry up, but that doesn't sound like such a bad thing; we'd just have to go back to contributing to a fund like this.

  61. Communism? by dpete4552 · · Score: 1

    Why do they insist on making that page look like something out of the communist revolution?

    --
    http://www.archive.org/details/ThePowerOfNightmares
  62. Linux lawsuit by daveh_oz · · Score: 1

    Rememember the Stonecutters episode of the simpsons when towards the end of the show they formed a group of no-homers? There are pleanty of open source alternatives to Linux, with Linux binary compatiability just waiting to be used. Once these alternatives such as the BSD's (including Apple's Dawrin effort) gain market attention, it would be relatively easy to port the Linux apps to the BSD variants, and thus completly avoid any of these legal suits. SCO dies as a result, and we are all happy. (Except for the SCO employees).

  63. Free Software and Open Source are different. by jbn-o · · Score: 3, Informative
    You know, back in the day, when I first came to Slashdot, Open Source was all about the free, wild and woolly creation of software, about freedom from The Man, and doing stuff because it was a Nerd Mountain and by goddamn we were going to climb it.

    Open Source was never about freedom, it was and is about pitching the Open Source development methodology primarily to businesses: when businesses share source code they ostensibly get better programs developed with less expense because they can tap a large community of programmers who are willing to work on their project for no fee. Open Source talks about the practical outcome of sharing source code, not the freedoms that make those practical ends possible.

    Freedom to share and modify programs was and is the message from the Free Software movement which started over a decade before the Open Source movement began. I recommend this essay for an instructive look at the differences between the two movements. It was the Free Software Foundation that brought us the GNU General Public License which secures the freedoms to share and modify and the community the Open Source movement has leveraged to spread their message. The FSF did these things well before the Open Source movement got started. I'm grateful the Open Source Movement is bringing users to Free Software and encouraging use of the GNU GPL (one of many Free Software licenses), but let's not overstate what the Open Source Initiative did--adding a license to a list of approved licenses cannot compare with writing and defending the license (links to parts one and two of Eben Moglen's essay).

    I'm never sure if I should be happy or sad that companies such as Red Hat and Oracle are essentially hijacking the popularity of Linux.

    SCO FUD aside, is Oracle interested in what's in the Linux kernel, or were you referring to the GNU/Linux operating system? I don't understand what you mean by "hijacking" here either--Red Hat has contributed a great deal to Linux and (as far as I know) all in accordance with the GPL. Everyone is free to study, share, and modify their contributions as well as the rest of the kernel.

  64. this is cool by CakerX · · Score: 0

    red hat is actually helping the people that made their company.

  65. I second that by ThoreauHD · · Score: 1

    I've been trying to contact them about it too. So far, I haven't seen a mechanism to donate to the non-profit org.

  66. In keeping with realistic Open Source habits... by SnappingTurtle · · Score: 1

    ... shouldn't it be called "Open Source Real Soon Now"?

    --
    I've found that my posts don't format quite right w/o a sig.
  67. Price of popularity by Antos700 · · Score: 1

    I think the reasoning behind RH bashing is twofold. One, they are seen as 'selling out' as far as the zealots are concerned. Even though they are not earning money off the code itself, it still can be percived as being explotation of many man-hours of programing effort. Two, Red Hat et al are partially responsible for the sanitisation of Linux (i.e. making it acceptable for the masses). I remember a similiar undercurrent when Windows 95 came into being. All of the 'leet' Dos tweakers were up in arms about how it dumbed down things and so on. While I don't think that linux will ever get as rigid as Windows, it could be percived as such.