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.

Comments

Document summary

[mhesseltine]

Q: Should I buy a license from SCO?

A: No

Re:Document summary

[DaveAtFraud]

Step 1: SCO sues IBM over supposedly contributing confidential, proprietary SCO information to Linux and thus disclosing it. IBM tells SCO to shove it.

Step 2: SCO starts FUD campaign to scare people into not using Linux. Part of their FUD is to sell a license for their intellectual property that has been included in Linux which they have also distributed. Selling this license violates the GPL.

Step 3: SCO now finds itself in the position of having made probably unproveable claims about copyright infringement against IBM and Linux and having committed very public and thus proveable violations of the GPL. The only way SCO can continue their FUD campaign and charge people to use Linux is if they can now also get the GPL declared invalid.

The original lawsuit between SCO and IBM had absolutely nothing to do with the GPL. SCO brought the GPL into the mess by asserting they could sell licenses to Linux users for the portion of Linux that was based on their IP. This violates the GPL becuase they had distributed Linux with the offending code which makes it subject to the GPL.

If the issue had been strictly about copyright violations, it would have burried on the back page of some legal journal. SCO and their behind the scenes backers (think about who benefits from Linux and open source being discredited) have turned it into a public attack on Linux and free/open source software.

Re:Document summary

[Anonymous Coward]

Wow, so many wrong answers. It's not a Chewbacca defense.

In addition to licensing their code to IBM under whatever license they used, but they ALSO licensed the entire Linux 2.4 kernel, including things they claim to have IP rights over, to their customers under the GPL.

Any of SCO's customers, under the GPL, has the absolute right to commit those updates into the main Linux kernel tree. So in a way it's irrelevant if SCO has any rights to the code in question at all--even if they did, they gave it away.

Thus the GPL challenge. If the GPL is declared invalid, *nobody* would have any rights to use Linux except the copyright holders of the original code. Luckily, most things in Linux have their copyrights ascribed to the Free Software Foundation. If, however, SCO proves that it owns the copyright on this code, AND they invalidate the GPL, that would be the only way to successfully remove the code from Linux (legally speaking).

Just because it's a dumb-ass defense doesn't make it a Chewbacca defense.

SCO

[Anonymous Coward]

SCO, wow, I haven't heard about them for a long time! I was starting to wonder what happened to them.

Good Job Slashdot!

So...

[grasshoppa]

..they are saying what we already knew: "SCO is full of shit".

Wouldn't that be great if a big time lawer for IBM called a huge press conference to say just that?

"Thank you all for coming today. We would like to say, in response to SCO's most recent *finger quotes* allegations, that SCO is full of shit. Thank you all for coming."

Q&A in Html

[ebacon]

Here:

Same old Same old

[Crashmarik]

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.

Re:Same old Same old

[Thumb-One]

Of course, were I a SCO insider that also read Slashdot, when the inevitable investigations came, I would have a response ready:

"It wasn't insider trading! I sold because it was common knowledge that we were fscked; hell, I read it on Slashdot fuhchrissakes."

why would a user pay for the seller's crimes?

[sirshannon]

if I bought a copy of Red Hat and it contained illegal code, there is no way I would even begin to consider paying SCO for the illegal code. Either Red Hat would pay SCO or Red Hat would refund my money and I would stop using the product.

PDF v.s. HTML

[thenextpresident]

Let's see, they offer a PDF version and an HTML version. Hrm? I know! This is Slashdot, and we have to try and bring them down. Rather than link to the HTML version, let's link to the PDF version. I mean seriously, HTML is so not the prefered format for reading things on web sites.

SCO?

[Biomechanoid]

SCO? Whats a SCO? Is that Danish? I noticed a couple of other people talk about a SCO also on slashdot.

SCO

[cluge]

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

Outstanding achievement

[Timesprout]

He points out that SCO has a long long shaft up its ass

Finally legalese I can understand

The Current SCO Situation...via the medium of song

[Gourou]

The Current SCO Situation...via the medium of song

Please mirror and spread if you agree with the sentiment (if not the singing :-)

The Asshat Song [2.73MB MP3]

To the tune of You're So Vain by Carly Simon ;-)

Re:Call to linux developers

[plierhead]

could someone PLEASE start a project to replace what ever code SCO claims to have copyright over ?

Actually I claim ownership over the whole of linux myself - I wrote most of it in my spare time using notepad on the computer here in my cube at Walmart's admin offices. Oh yeah, and some of it I wrote on my palm pilot on the bus on the way to work..

Why are you panicking? Life is full of people who act like bullies. Usually they get whats coming to them. The key here is to draw SCO so far into this that they overstretch themselves, go belly up and take their shareholders down with them.

Not written for us

[Anonymous Coward]

I read the Q&A and it doesn't seem like it's written for us, the poeple that understand what is truely going on.

But, it is written for all the bosses out there that are scared with what is going on. My boss is worried about this whole thing because of a major prodoct that we are releasing that will run on a Linux server. He is concerned that if SCO wins, can we still use Linux.

I for one am going to be sending him this Q&A.

Like I said, we all understand that SCO is full of crap, but our bosses don't.

An Allegory: The SCO Poker Game

[Gourou]

It's a saloon in the wild west.
There's a poker game on. Texas Hold 'Em.
There's five cards on the table.
The first player is from Utah.

He says "I got Ace High. I win the hand."
The second player. They call him the Finn.
He's got lots of friends, says "Show me your cards then."
Utah says "No, just hand over your cash. You don't need to see my cards."

Then the third player, Bluebeard pipes up: "Well I got a flush. So I beat ya anyway."
Utah says "Show me *your* cards then."
Bluebeard replies "Nope. I'm gonna wait to see your lame ass ace."
Utah smiles nervously "Did I say ace high? I meant four aces. Yeah. Four aces."

Now the silent fourth player, Berkeley pipes up
"Well I got a Royal Flush and I've had it since the flop."
But Utah has turned to Joe at the bar and says
"Well, you owe me $32 for this game."
Joe looks puzzled "But I ain't even playing the game."

Utah gets a mean look now and starts sweating.
He pulls his guns and shouts "Look, just give me your money now. No questions. I MEAN IT!"
Suddenly Utah is surround by a whole boatload of guns.

There's Joe Public, he has no guns, but good fists,
Linus the Finn and his friends have guns, but they rarely use them,
they're rumoured to be really quick on the draw.
Berkeley is calmest of all, he's won a gunfight just like this one already.

Finally Utah turns to Bluebeard. He has a shotgun.
Bluebeard smiles, and pulls the trigger.
And that's the legend of how old SCO died.

SCO's bulletproof action plan:

[rice_burners_suck]

For immediate release:

Scam Con & Overcharge (NAZDAC: SCO) today announced a barrage of new lawsuits against users of pornography processing software called Linux. A proprietary IBM product, Linux allegedly violates SCO intellectual property. This new development comes on the heels of another SCO lawsuit against God for denying immortality to SCO CEO Darl McBurglary.

"Women and young children are viewing cartoon images of NAKED penguins!" shouted McBurglary, throwing his coffee mug across the room during an interview. "It's disgusting! And besides, it contains OUR intellectual property! It's a conspiracy! And everybody's in on it!!!"

When asked which SCO intellectual property was found in Linux, McBurglary commented, "IBM invented, developed, trademarked, copyrighted and patented certain technologies. Therefore, they are infringing on OUR intellectual property rights!"

SCO spokespersons refused to specify what constitutes the allegedly infringing properties. McBurglary had to be escorted back to his home at the looney bin by two big black guys in pinstriped suits. "Die, fucker, die!!" he yelled at some child walking down the street with a stuffed penguin doll. (I know we're only joking, but with SCO, it could happen!)

Re:Boycott Canopy Group

[walterbyrd]

Scox isn't selling anything anyway. All scox earnings are fud money from msft and sunw. You need to boycott scox's controlling company: Canopy Group. I urge you to email these companies and explain that you will not do any business with them. I have included the letter that I sent to these companies as a sample.

---
salesinfo@altiris.com
help@customercare.av enueme.com
support@culturegrams.com
sales@center 7.com
sales@cerberian.com
sales@cogitoinc.com
s ales@communitect.com
yslew@datacrystal.com
info@ devicelogics.com
info@directpointe.com
info@fatp ipeinc.com
info@geolux.com
sales@helius.com
inf o@homepipeline.com
sales@iArchives.com
sales@ind ustrialtrainingzone.com
brutledge@linuxnetworx.co m
tyler@luxul.net,
sales@maxstream.net,
jclary@ mi-corporation.com,
info@mti.com,
pr@myfamilyinc .com,
info@perimeterdata.com,
ProTools@SaberToot hTools.com,
ronastarns@aztecenterprises.com,
sal es@caldera.com,
info@trolltech.com
info@tuglet.c om
sales@viawest.net
Sales@wrenchead.com
---
B oycotting all companies affiliated with SCO/Canopy

I have worked in IT for 25 years, and have been involved in several major purchasing decisions.

I am infuriated at SCO/Canopy's attempts at fraud and extortion. As well as SCO's FUD campaign against Linux.

As such, I will no longer purchase, or recommend the purchase, of any products or services from any company that is even partially owned by SCO/Canopy. I intend to encourage my colleges to do the same.

OSDL Attorney Declares SCO Invalid

[cnb]

... would have made a nice headline coming
right after "SCO attorney declares GPL invalid"

If you get a SCO invoice: Claim Mailfraud

[bstadil]

There is a strong rumour that SCO is preparing invoices to be send to "selected" Linux users.

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.