Slashdot Mirror
OSDL Releases Q&A on SCO Legal Actions
craigoda writes "OSDL released a Q&A today written by Lawrence Rosen, noted expert on technology and intellectual property law. The Q&A points to serious flaws in SCO's claims that end-users have to pay for Linux licenses." The press release is a little more diplomatic, saying that the document only helps one determine whether or not one should buy a license from SCO.
What if I run Linux but I do not use any of the features that invoke SCO code? (Provided they were indentified) Would I still owe them $$?
http://threetechguys.info Come, discuss Technology. Got a technology question? Come ask!
Sco's stock price drops below 11 and their claims grow louder and more rediculous. My only question is how do they think they will avoid the inevitable insider trading and fraud investigations.
The thing I don't get is this...
So this is the thing: what does this have to do with SCO declaring the GPL invalid? What the HELL does it have to do with their lawsuit against IBM. I do not understand.
I have used SCO in the past to develop IBM mainframe software on. SCO was the base OS, and an emulator allowed us to emulate OS390 ran on top of it. Now with most big Iron able to run linux Vm's we can program directly for Linux. Where am I going with this? We are suggesting to writer of that software that it needs to be ported to Linux - we no longer run SCO on any machine.
If you are anyone that you know runs SCO, find out why, and have the software that runs on SCO ported to Linux. It's usually quite easy, and it makes your skin feel better knowing that your SCO free. Somone (wink wink nudge nudge) should put up a web site that counts the number of SCO de-installs since the law suit was filed. I bet such a web site wouldn't make SCO stock holders feel so good. I've de-installed SCO from the 2 machines - any one else?
cluge
"Science is about ego as much as it is about discovery and truth " - I said it, so sue me.
It appears that they even want you to pay licensing fees if you're using their own Linux distribution.
By the way, there is some question of whether they can double collect damages.
If they collect from end users, can they also collect from IBM?
If they collect from IBM, can they also collect from end users?
One article that was written by a lawyer says that courts tend to take a very dim view of such double dipping.
The real problem is that, if the GPL is not invalid, SCO is in some serious legal problems. Because not only did they distribute their code under the GPL unknowingly, but they continued to do so after they were informed of the fact. And they still continue to do so, because otherwise they'd loose what few customers they have left. (The distribution in question is them providing Linux binaries, patches, and possibly source from their FTP site) If the GPL's valid, they have no right to do this unless they license the code/IP in question under the GPL, which makes their case (and stock price) collapse.
Unfortunately, they're equally screwed if the GPL is invalid. Just because Linux was "infected" with "confidential information" doesn't give them ownership over all the other IP in there. And if the GPL's invalid, that falls back to the default of US copyright law. Which means that SCO has no right to distribute it or modify it. So if it is invalid, they're equally screwed.
That's why they're now (IIRC) trying to not only claim that its invalid, but that anything formerly under the GPL is now public domain. Why? Because this is Chewbacca. No, wait, that's wrong. Because the author allowed unlimited copies.
Yeah, everyone else is just as puzzled.
My reaction was quite the opposite: I thought it was Lawrence Lessig, hero of all Slashdot geeks.
Also, here is a list of companies that are supporting SCO by attending SCO's "Forum 2003". It is interesting to note that HP, a company that has extremely close ties to Microsoft, is a major sponsor of SCO's little get together.
Meanwhile, SCO has conveniently stated they value each infringing article at $1398 US. IBM is seeking treble damages for deliberate and malicious infringement, so that comes to $4194 US per copy. SCO also stated that a product without the infringing technology is useless, "the equivalant of a bicycle". That certainly helps IBM justify large damaages for infringement!
So what may become of this? If IBM prevails on their patent claims, SCO faces check-mate. Their best hope would be to settle, on IBM's terms. Based on previous results, these terms would likely include:
SCO agrees to drop all claims against IBM
SCO agrees that those claims had no foundation in fact
SCO agrees that IBM has a perpetual, irrevokable right to use and distribute aix, linux, etc.
SCO does all this as partial compensation for delinquent patent royalties
In addition to paying a large cash settlement
In other words, SCO surrenders.
IRA McGee over at LinuxToday had a brilliant suggestion, if you get one.
Call your local USPS or FBI and claim MailFraud
the objective of mail fraud is to accomplish a desired result by deception, trickery, concealment, and/or dishonesty, albeit through the use of the United States Mail Service or other private/commercial interstate carriers
This is taken serious and hopefully will result in Darl getting his behind serviced on a regular basis.
Help fight continental drift.
Really, some pressure should be applied on HP. Are they indeed so clueless how much PR damage this is going to cause HP, as opposed to the positive PR they would get by loudly dropping out their sponsorship?
It appears that in the end, IBM is the only HW manufacturer worth supporting.
Save your wrists today - switch to Dvorak
seems his vanity-domain has an interesting take on the whole story.
According to the article, it is illegal for SCO to extort money from both IBM and from the individual users.
If even one individual user has bought the SCO license, wouldn't that force SCO to have to sue individual users and drop the IBM suit, or fall into trouble with these double dipping laws?
Who would win this election: Andrew Weiner vs Andrew Weiner's weiner.