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SCO Asks IBM To Make SCO's Case For It
acousticiris writes "According to an analysis of Friday's memorandum from SCO on Groklaw: 'If I had to characterize it in a brief sentence or two, the sentence would be that SCO tells the court, "How are we supposed to know what code IBM misappropriated? It's up to them to prove our case for us."...' It's also interesting to note that in Friday's memorandum, footnote 4, SCO uses Eric Raymond's Jargon File entry for FUD to take pot shots at IBM (footnote 4). Evidently, Eric was not pleased, according to the updated entry."
- when bottomfeeders and IP portfolios mix, one shouldn't be surprised by such actions... - sadder however, is that the U.S. court system allows this case to continue to be played out... - the big warning here is that no future technology endeavours or independent software developers are safe from venture capitalists, investment brokers, and reptiles that have passed state bar exams...
Copyright law says you are not allowed to distribute without permission from the copyright holder(s). It does not stipulate what you must do to obtain that permission. That is left at the discretion of those that hold the copyright. If I hold the copyright on material, and I insist that you abide by the terms a license that I dictate before you are legally allowed to distribute *ANY* of the code I wrote, that is my perogative.
My having used the GPL does not cause derivative works to be copyrighted by me... You still own the copyrights on any lines of code that you wrote, but I still *DO* own the copyrights on any lines of code that I wrote as well, and if any of those lines happen to reside within software that you write, if you did not agree to the terms of the GPL, you are violating plain old ordinary copyright law.
End of story.
File under 'M' for 'Manic ranting'
This case becomes more and more ridiculous. I wonder - could someone with appropriate standing subpoena information regarding SCO's $50 million to see if it really did come from Microsoft? If Microsoft were funding this, would that not be a pretty clear anti-trust matter?
"He who would learn astronomy, and other recondite arts, let him go elsewhere. " -- John Calvin, commenting on Genesis 1
Fishing expeditions are not allowed. When you are the plaintiff, you have to have your evidence ready before entering court. Defendant has much more leeway in discovery. Otherwise, as PJ pointed out, you could simply file claims against random people, searching for any infringement anyone might have done. This would be abuse of the court system. It would be like allowing the police to preemptively search random people's homes without reasonable suspicion. Sure, they would find more evidence and prosecute more crimes, but the benefits do not outweigh the consequences.
SCO shouldn't need evidence--everything is already laid out, "infringing" source code is known to all. But they have nothing, so they are abusing discovery to go fishing. IBM, on the other hand, can ask for pretty much anything, since they didn't bring action.