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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."

25 of 240 comments (clear)

  1. 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 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.

    2. 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.
    3. 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.

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

      The opposite of crazy is still crazy.

    5. 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.

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  2. 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.

    --
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    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
  3. Re:That's nice of them... by Anonymous Coward · · Score: 1, Insightful

    probably reinvested in the fund.

  4. 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.

  5. 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.

  6. 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."

  7. 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.

  8. 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 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.
    2. 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.

  9. 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.

  10. 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!!"
  11. 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!

    --
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    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!

  12. 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.

    --
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  13. 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.

  14. 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.

  15. 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.

  16. 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.

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