Slashdot Mirror


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."

11 of 240 comments (clear)

  1. Has been mentioned before by ldm · · Score: 5, Informative

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

  2. 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?

  3. 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.

  4. 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.

  5. 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.

  6. 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
  7. 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

  8. 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

  9. 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.
  10. 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."
  11. 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.