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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."

40 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)

    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.
  2. 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...
  3. 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 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.

    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. 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 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. 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
  6. 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.

  7. 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.

  8. 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.

  9. 503C status? by Hayzeus · · Score: 4, Interesting

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

  10. 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 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.

    2. 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.
  11. 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.

  12. 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.
  13. 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.

  14. 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!!"
  15. 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.
  16. 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!)
  17. 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
  18. 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!

  19. Re:Open Source policy by mod_parent_down · · Score: 4, Funny
    "Freedom isn't Free"

    I feel like I've read that somewhere before.

  20. 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.
  21. 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.

  22. 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.

  23. 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

  24. 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.

  25. 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.

  26. "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!

  27. 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.