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SCO Madness Reigns Supreme

Sri Lumpa writes "It will come as little surprise for those of you that followed the SCO stories and read their latest filing that an IP attorney, Douglas Steele, Esq., thinks that 'SCO is trying to get the judge to declare all works released under the GPL for the last 3 years put into the public domain.' Meanwhile, more lawyers give their opinions, with Eben Moglen saying 'It's just rubbish,' while another says of SCO's defense: 'From the outside, it appears so bizarre and so ridiculous that I fear their argument is being misstated,' while Blake Stowell of SCO believes Congress has drawn a boundary between proprietary and open source and still insists that IBM should indemnify its Linux users while refusing to indemnify SCO's Samba users against a potential MS lawsuit. More links to related news stories continue to appear in the comment section of the first link, thanks to the Groklaw readers." Read on for another handful of updates in SCO vs. The World.

Roblimo knows good, honest Constitutional argumentation when he sees it, and over on NewsForge amplifies SCO's claims that the GPL is unconstitutional.

Dopey Panda writes "Looks like SCO has become just a bit worried about their liabilities for distributing the Linux kernel. Starting November 1 you will have to be a registered SCO customer to be able to access their FTP site. So that leaves just a couple days for you to download your own genuine SCO-approved GPL code!"

And perhaps today's most interesting SCO submission: 1HandClapping writes "In alwayson-network.com, Mark F. Radcliffe (HIAL) writes about a little-reported aspect of the SCO vs IBM case: 'Novell, as part of its sale of the UNIX licenses to SCO, retained the right to require SCO to "amend, supplement, modify or waive any right" under the license agreements (and if SCO did not comply, Novell could exercise those rights itself on SCO's behalf). At IBM's request, Novell employed this right and demanded that SCO waive IBM's purported violations. When SCO did not do so, Novell exercised its right to waive the violations on SCO's behalf. Basically, this defense destroys the core of the SCO case: IBM's violation of its UNIX license with SCO.'"

87 of 607 comments (clear)

  1. Noorda's revenge? by Anonymous Coward · · Score: 5, Interesting
    One crazy thought that keeps popping into my mind is that the entire SCO mess might be Ray Noorda's final revenge on Microsoft.

    Consider that Noorda has been around the tech industry a LONG time, that he has been involved in a lot of companys, he presumably knows who the A-team and B-team players are, and that he appears to dislike Microsoft a little bit.

    So - he takes one of the organizations under his control. He fills it with C-team players. He fills (or prompts someone to fill) the C-team with truthful but misleading information about SCO's purported "intellectual property". He advises them to go after the biggest target first.

    Then he sits back and watches while SCO leads a hopeless charge against IBM. This has the dual effect of (a) laying down case law _supporting_ the GPL that Microsoft will have a very hard time overturning (b) smoking out various linkages and anti-competitive behaviour on Microsoft's part.

    Crazy, but I have a hard time seeing why else SCO is being so incompetent.

    1. Re:Noorda's revenge? by Anonymous Coward · · Score: 3, Funny

      a rube goldburg...

      pure genius :^)

    2. Re:Noorda's revenge? by stephenry · · Score: 2, Interesting

      There was a line in the Hitchhikers guide to the galaxy which stated that if someone ever found out the true meaning to life, the universe and everything; God would simply destroy it and replace it with something even more unexplainable. Just because it can't be explained doesn't be that it can't be. Let's hope that whatever is lurking in the future for Linux has a case as plausible as SCO's.

    3. Re:Noorda's revenge? by retro128 · · Score: 2, Insightful

      Well if you are in to conspiracy theories, it could also be said that maybe Microsoft is pulling the strings and funneling money into SCO to try to undermine the Linux movement. That makes more sense then Noorda starting this whole mess.

      Why, if he wanted to get back at Microsoft, would he do something that directs most of the damage to IBM and Linux? Microsoft is loving every minute of this Linux FUD. Even if he advised that SCO go after IBM, if Darl McBride was the least bit sane he would have known he could never win.

      The only explanation is that there's money involved somewhere, and a whole pile of it. And who's got the piles of money, and who has the most to gain by the FUDding of Linux, and who's got a previous relationship with SCO?

      SCO's claims are ridiculous. Any person of reasonable intelligence can see that. If this were a valid IP claim they would want this to go to court as soon as possible, but they won't even pony up the evidence and all they do are press releases. They are doing nothing but trying to drag this out for as long as possible. Now ask yourself, who is going to gain from all this extended FUD?

      --
      -R
    4. Re:Noorda's revenge? by sphealey · · Score: 4, Funny
      Well if you are in to conspiracy theories, it could also be said that maybe Microsoft is pulling the strings and funneling money into SCO to try to undermine the Linux movement. That makes more sense then Noorda starting this whole mess.
      After losing the first anti-trust trial (not the one most recently concluded), Bill Gates vowed never to be out-maneuvered in Washington again. And he appears to have purchased the best and the brightest in political, lobbying, and legal advice. If he wants to go after the GPL he will do so in a much more controlled and precise manner. In fact I think Microsoft is lobbying right now to have the GPL outlawed, but you aren't hearing about it in Infoworld. No, this doesn't smell like the new, politically aware Microsoft. Not that they aren't enjoying the pre-game anyway.

      Why, if he wanted to get back at Microsoft, would he do something that directs most of the damage to IBM and Linux? Microsoft is loving every minute of this Linux FUD. Even if he advised that SCO go after IBM, if Darl McBride was the least bit sane he would have known he could never win.
      In the short term, Linux is being "harmed" in some eyes. But if the outcome is solid case law that backs the GPL and once-and-forall resolves the SysV ownership issue, then the long term benefits to Linux will be immense. And IBM really isn't being hurt by this. Their lawyers get paid whether they work today or not, and IBM can make money selling Linux, AIX, Unixware, Multics, Windows, whatever. They are pushing Linux right now because it is hot and it keeps Microsoft under control, but they don't have any intrinsic stake in anything nowadays except the S/370 systems.

      sPh

    5. Re:Noorda's revenge? by VivianC · · Score: 4, Interesting

      They are doing nothing but trying to drag this out for as long as possible. Now ask yourself, who is going to gain from all this extended FUD?

      With Longhorn still two years away, it might be best to drag this out as long as they can. You wouldn't want people changing over to Linux while you try to figure out your new OS, right?

      --
      Viv

      Gmail invites for ip
    6. Re:Noorda's revenge? by silicon+not+in+the+v · · Score: 2, Interesting
      Why, if he wanted to get back at Microsoft, would he do something that directs most of the damage to IBM and Linux?

      Damage? I don't see IBM or Linux getting much damage from this. I don't necessarily see his theory about Noorda as being very realistic, but this probably will end up having a pretty good outcome for Linux and OS in general. SCO will look like fools, and the GPL will come out looking very legitimate and having gotten a lot of publicity in the process--kind of like the valiant hero who defended against the overwhelming advance of the unwashed mass...er, I mean barbarian hordes.
      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
  2. (e)stop the madness by Empiric · · Score: 4, Insightful

    By now, hasn't SCO contradicted themselves so many times on so many issues they're estoppeled from any course of action whatsoever?

    Maybe just a non-lawyer's wishful thinking...

    --
    ~ Whence do you come, slayer of men, or where are you going, conqueror of space?
    1. Re:(e)stop the madness by devphaeton · · Score: 5, Insightful

      By now, hasn't SCO contradicted themselves so many times on so many issues they're estoppeled from any course of action whatsoever?

      In a way, i kinda hope not. I would really like to see this go to court. Not only for the satisfaction of seeing SCO get smashed by an elephant, but also to see how the GPL will shake out in the courts. It's only a matter of time before the GPL gets called into court, and down the road there may be other opportunities, but it would really be advantageous to those supporting the GPL (of whom are habitually broke) to have this happen now, with the muscle (and finances) of IBM in our court.

      At any other time, the "attrition strategy" of prolonging the court process until the other side is bankrupted might get turned against us.

      We all know that even if the GPL is completely rock solid, it can still lose in court depending upon its presentation. And if it *does* lose in court, that could potentially start a firestorm of FUD and abandonment, if not a poor perception of Open Source products (even BSD-license ones.. consider how a PHB thinks). Next thing you know, we'll all be replacing linux/bsd servers with Windows Server 2003 or SUNW at our workplace.

      I would hate to see the party crashed just as it was getting started, you know?

      --


      do() || do_not(); // try();
    2. Re:(e)stop the madness by baileytal · · Score: 3, Informative
      My understanding of estoppel is that it only operates when party A has 1) made a statement that it knows to be untruthful or incorrect and 2)party B actually relies upon that statement 3) after which party A seeks to rely on the actual state of affairs 4) to party B's actual detriment or loss. Estoppel would stop party A from being able to give legal effect to the actual state of affairs.

      The textbook example I remember involved trespass, which is a pretty cut-and-dried legal doctrine. In that example, party A owned a piece of land, which party B used to regularly travel over. Party A allowed B to continue to regularly travel over the land for a long time, such that B actually developed some sort of monetary gain from it. Party A then tried to sue B in trespass. B pleaded estoppel, and the court agreed. It was outrageous that A should lie in wait, and lead B to believe that it had no objection to the trespass.

      It's essentially an ancient legal doctrine meant to counter frauds or bait-and-switch operations.

      It's important to note that estoppel is an equitable doctrine, meaning it's a subset of legal arguments traditionally pled where someone's clear legal rights will lead to an egregious injustice.

      --
      Never at a loss for words... because of the voices.
    3. Re:(e)stop the madness by cmason32 · · Score: 4, Informative

      You're thinking of equitable estoppel. There is also collateral and judicial estoppel. Collateral estoppel means that once a court has come to a decision, that decision affects other similarly related facts. Judicial estoppel prevents a party from asserting one thing in one instance and then the opposite in another instance.

    4. Re:(e)stop the madness by DeadTOm · · Score: 3, Interesting

      I wasn't really sure where to put this but this seemed like a likely enough spot. SCO has been for years, and is still now, developing and destributing software under the GPL have they not? So wouldn't that mean that they AGREED to the terms of the GPL? So now that it's not working in their favor, they are saying that it's unconstitutional? So did it just suddenly occur to them that the GPL is unconstitutional or did they think so when they initially agreed to it's terms? You'd think that they would have looked into it with the same care and attention to detail when they first agreed to it, knowing that their customers where agreeing to the EXACT same terms.
      I don't know where exactly I'm going with this but hopefully you get the jist of it.

    5. Re:(e)stop the madness by Zeinfeld · · Score: 4, Interesting
      It's important to note that estoppel is an equitable doctrine, meaning it's a subset of legal arguments traditionally pled where someone's clear legal rights will lead to an egregious injustice.

      Right, the biggest problem with SCO's case is that they refuse to mitigate their damages by telling the Linux community what the parts of the code alleged to infringe are.

      It is very clear that the minute SCO reveals that information that the code will be yanked and replaced by non infringing code, most likely within hours, days at the outside.

      This limits the damages that SCO can claim, since it is very clear that the infringement is not only not willful, it is involuntary. The only reason why the infringement is continuing is because SCO refuses to release that information.

      The analogy would be to the distributor of a compilation 'best of hits' CD consisting of a selection from the distributor's archives, being challenged by a record label claiming that it is actually the legitimate owner of the rights to one of the songs on the compilation but refusing to specify which song is in dispute. The distributor of the compilation is then given the choice between not distributing the CD at all and risking a possibly bogus infringement claim. If the distributor is told the song that is in dispute they can easily swap it for a different one, it is the refusal to be specific that is the only reason that the plaintif's claim has standing.

      This is not estoppel, but estoppel could also apply. SCO has allowed Linux to be distributed for many years and is in fact a distributor itself. Failure to enforce claims can result in them being lost. In fact this is the same claim that SCO is making against the GPL.

      I don't think that the SCO objection holds because it is the behavior of IBM that is at issue, not the FSF. In this case IBM does not appear to have a history of failure to enforce its limited reciprocal rights under the GPL for the simple reason that SCO is the first company to attempt to sue...

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
  3. The Madness of King Darl by whig · · Score: 4, Interesting

    I posted this to LWN earlier....

    It's important to understand that this really is a war, and SCO has a point, albeit not one that sane people should accept.

    The GPL is a truly revolutionary license, it is *designed*, as SCO says, to reduce the financial value of proprietary software. Yes, GPL software is freer than public domain, in the sense that the source code can never be taken proprietary (other than by the original author) and redistributed.

    SCO's argument will likely be that this contravenes Congress's will, by creating a commons under rules other than those established by law.

    SCO will say that GPLed code cannot be restricted by export controls, thus violates national security laws.

    According to SCO, GPL purports to grant *too much freedom* and therefore, according to this argument, the lesser freedom of the public domain is and should be the appropriate terms by which previously GPLed code should be distributable.

    By this reasoning, then, SCO will claim it has every right to use GPL code in its proprietary distributions, but on the other hand, can contend that its own code (or code which IBM created under a license which grants SCO ownership of their code) was never intended (by SCO) to be released under GPL nor public domain.

    Now, to fully understand these arguments, you must put yourself in the mindset of a madman. Which, undoubtedly, Darl McBride is. Microsoft and others have surely encouraged his delusional state, and given him the resources he needs to pursue his dreams of world domination, with the understanding that even if SCO has no chance of succeeding in the final analysis, the legal case can and will create FUD to slow the adoption of Linux and buy time for proprietary firms.

    If this is a war, SCO is a foot soldier. SCO will die, of course, but that's what foot soldiers are expected to do.

    --
    Peace and love, y'all
    1. Re:The Madness of King Darl by CrimeDoggy · · Score: 2, Interesting

      Very good point - but the missing thing from all of this IMO is an exit strategy. what is the end game for SCO? they know they can't win, unless the level of madness is so deep McBride is truly delusional. So what is the secret hidden goal they are going to piss away millions in legal fees in vain for? And the worst thing - I keep trying to short SCOX and there are no shares to borrow!

    2. Re:The Madness of King Darl by dreamchaser · · Score: 2, Redundant

      The exit strategy isn't for the company, it's for the execs who plan to make a ton of money with this pump and dump scheme. They could care less what happens to the company long term.

    3. Re:The Madness of King Darl by mark-t · · Score: 3, Interesting
      The GPL is a truly revolutionary license, it is *designed*, as SCO says, to reduce the financial value of proprietary software
      Wrong... it is *designed* to generate _THE_ best software that is humanly possible, whether for financial gain or not.
    4. Re:The Madness of King Darl by whig · · Score: 4, Insightful

      McBride is *truly* delusional, IMHO.

      As for the attorneys, under the amended agreement with SCO, they get 20% of certain licensing fees and investments, I believe. Which means they probably pocketed $1.6M from Microsoft's most recent licensing payment, and perhaps $10M from the RBC/BayStar investment.

      Quite a motivation to continue pursuing a losing case. Even if Boies & Co. were to be disbarred, this is the kind of money that can make them say, "So what."

      --
      Peace and love, y'all
    5. Re:The Madness of King Darl by stephenry · · Score: 3, Funny

      The one thing I've never truely understood about the Export Control argument is that, firstly, Linux is not American, and can therefore not be controlled by it's government, secondly, export controls only apply to that which is not already freely available to the public. Unless, US law suddenly applies to everyone else in the world, I don't see this being successfull.

      Shame really. I can just see it now. McBride's just spent his new $50 million hollowing out an old mountain (for SCO's new headquarters), bought him self a brand new white cat and leather chair and got his employees kit-ed out in matching grey overalls.

    6. Re:The Madness of King Darl by whig · · Score: 4, Interesting

      Quote from the GNU Manifesto:

      "GNU will remove operating system software from the realm of competition. You will not be able to get an edge in this area, but neither will your competitors be able to get an edge over you. You and they will compete in other areas, while benefiting mutually in this one. If your business is selling an operating system, you will not like GNU, but that's tough on you. If your business is something else, GNU can save you from being pushed into the expensive business of selling operating systems."

      The same principles apply to non-OS GPL software, although the original concept was just to create a replacement for Unix.

      --
      Peace and love, y'all
    7. Re:The Madness of King Darl by Anonymous Coward · · Score: 2, Informative

      RTFL:: the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users.

    8. Re:The Madness of King Darl by judd · · Score: 3, Insightful

      No.

      The GPL is designed to ensure that there is free software. That is all.

      Any quality benefits are purely coincidental. (The Open Source crowd disagree, but that's a different kettle of fish, and a whole other bunch of licenses).

    9. Re:The Madness of King Darl by odin53 · · Score: 4, Insightful

      Yes, GPL software is freer than public domain, in the sense that the source code can never be taken proprietary (other than by the original author) and redistributed.

      This is a very odd thing to assert, and I suspect that the same people who believe this believe that the GPL isn't a contract. No matter what, GPL'd software has restrictions -- the restrictions listed in the GPL. Public domain software has no restrictions whatsoever. Public domain software HAS to be more free.

      You seem to think that because someone can take a copy of public domain software and make THE COPY restricted, the software is less free. But that applies only to the copy. For example, take the original work _The Wind in the Willows_, by Kenneth Grahame. The copyright on the original book has expired, and the book is now in the public domain. You decide to make the 95th Anniversary Special Edition of TWITW, based on the original work, and sell it. Because it's in the public domain, you may do this, and you may claim a copyright -- NOT on the Grahame's original TWITW, but on your particular derivative version of it. The original book -- and, more importantly, the text -- though, is and always will be public domain. Your buddy can sell "the Real 95th Anniversary Edition" using the original book; your mother can sell "the Unauthorized Complete 95th Anniversary Edition" using the original book; Darl McBride can sell "the Poorman's Library 95th Anniversary Edition" using the original book -- and each can claim a copyright on each of their versions, but none, not even Darl, can claim a copyright on the original book, ever. How is this not as free as GPL, which forces you to do something in exchange for being able to redistribute the subject code?

      Another way to look at it is this. When a copyright on a work expires, the work becomes more free, right? I don't think anyone would argue against that. So when the copyright expires on a GPL'd work, what happens to that work? Does it become less free? If I take, then, a copy of a public domain work, and redistribute it but with the GPL, is my redistributed copy more free than the public domain work I copied?

    10. Re:The Madness of King Darl by critter_hunter · · Score: 4, Funny
      The madness of King Darl

      While King Darl is pretty good, a more interesting name would be "The Princess McBride" ;)

      --
      Karma: Could be worse (could be raining)
    11. Re:The Madness of King Darl by Nucleon500 · · Score: 2, Informative
      I'm replying to SCO's argument, not you personally:

      SCO will say that GPLed code cannot be restricted by export controls, thus violates national security laws.

      To quote the GPL:

      8. If the distribution and/or use of the Program is restricted in
      certain countries either by patents or by copyrighted interfaces, the
      original copyright holder who places the Program under this License
      may add an explicit geographical distribution limitation excluding
      those countries, so that distribution is permitted only in or among
      countries not thus excluded. In such case, this License incorporates
      the limitation as if written in the body of this License.
      Depending on how strictly this is interpreted, SCO may or may not have a point - is this limited to "patents and copyrighted interfaces" limitations? It would be better if they left out that clause, or added export laws to it.

      While I'm at it, the GPL ought to include something affirming that contributors, and specifically not end users, are responsible for verifying the code they contribute is theirs. Also, how about a clause that specifically states that an author can limit what he believes is a derivative work. I once knew someone who thought that Linus's comment at the top of linux/COPYING had no legal force, and that proprietary userland programs are at risk, which is of course crazy.

    12. Re:The Madness of King Darl by timeOday · · Score: 2, Insightful
      Would you say anarchy promotes more freedom than any form of government? I wouldn't. Stallman would say that the only freedom taken away by the GPL is the "freedom" to restrict others, kind of like the law against slavery. Does that law create more freedom, or less?

      BSD-style freedom resulted in a bunch of incompatible proprietary variants, and the winner was... nobody, they all went down together.

    13. Re:The Madness of King Darl by NickFortune · · Score: 2, Insightful
      The GPL is a truly revolutionary license, it is *designed*, as SCO says, to reduce the financial value of proprietary software
      And given the artificially inflated prices charged by various software vendors, MS in particular, those prices could stand a little reduction.

      If the software companies want to sell product, all they haveto do is write better software than a bunch of amateurs and hobbyists. I mean how hard can that be?

      And if they can't manage that then arguably their software wasn't worth much in the first place

      --
      Don't let THEM immanentize the Eschaton!
    14. Re:The Madness of King Darl by Brandybuck · · Score: 2, Interesting

      Would you say anarchy promotes more freedom than any form of government?

      As a part time anarcho-capitalist, I would. That you would think otherwise leads me to believe that you have misdefined the word. Perhaps you were thinking of "equality", "security", or "convenience" instead. These are all qualities that the GPL possesses in one form or another. It also possesses the quality of "freedom", but owned, copyrighted and licensed software will never be as free (in the FSF sense) that unowned, uncopyrighted and unlicensed (public domain) software is.

      --
      Don't blame me, I didn't vote for either of them!
    15. Re:The Madness of King Darl by Ian+Bicking · · Score: 2, Insightful
      This is a very odd thing to assert, and I suspect that the same people who believe this believe that the GPL isn't a contract. No matter what, GPL'd software has restrictions -- the restrictions listed in the GPL. Public domain software has no restrictions whatsoever. Public domain software HAS to be more free.
      You confuse literal freedom with political and social freedom. Political and social freedom exist in a context, not in an isolated situation. Your reductionism does not do justice to the societal impact of the GPL.

      Many freedoms -- the most essential freedoms -- cannot be taken away, or given away. The rights in the bill of rights are rights that cannot be given away, they are freedoms that do not include the freedom of self-exclusion. The GPL is meant to be the same -- it is a freedom for societies (not just individuals) that cannot be revoked.

  4. Oh, I see. by utlemming · · Score: 4, Funny
    The tactic is to get everything thrown in the public domain. I guess we figured out the new strategy---

    1. File law suits

    2. Get the licensing declared illegal

    3. Profits

    The only thing is getting everything released under the GPL in the last three years turned over to public domain would trampel the very concept of a copyright. It is a nice idea for SCO, but in reality they have to be smoking crack to think that this one will work. I honestly can not see it happening.

    --
    The views expressed are mine own and do not express the views of my employer.
  5. Old and busted, but still applicable. by mikeophile · · Score: 2, Funny
    Ladies and gentlemen of the supposed jury, I have one final thing I want you to consider: (pulling down a diagram) this is Chewbacca. Chewbacca is a Wookiee from the planet Kashyyyk, but Chewbacca lives on the planet Endor. Now, think about that. That does not make sense!

    Why would a Wookiee - an eight foot tall Wookiee - want to live on Endor with a bunch of two foot tall Ewoks? That does not make sense!

    But more importantly, you have to ask yourself: what does that have to do with this case? Nothing. Ladies and gentlemen, it has nothing to do with this case! It does not make sense!

    Look at me, I'm a lawyer defending a major software company, and I'm talkin' about Chewbacca. Does that make sense? Ladies and gentlemen, I am not making any sense. None of this makes sense.

    And so you have to remember, when you're in that jury room deliberating and conjugating the Emancipation Proclamation - does it make sense? No! Ladies and gentlemen of this supposed jury, it does not make sense.

    If Chewbacca lives on Endor, you must acquit! The defense rests.

  6. I writ my own SCO article, here it is... by Pingular · · Score: 2, Interesting

    In defence to IBM's counterclaims to it's lawsuit, SCO have made public a 21 page document, including 156 'answers'.
    In the document the lawyers admit some facts submitted by Big Blue when it counterclaimed, but the important things are what it doesn't admit, of course.
    It alleges that Linux is an "unathorized version of UNIX that is structured, assembled and designed to be technologically indistinguishable" from it.
    I wonder how much the SCO lawyers are being paid.

    --

    When anger rises, think of the consequences.
    Confucius (551 BC - 479 BC)
  7. I repeat again - and i called it in advance... by gsfprez · · Score: 5, Insightful

    i used to say...

    SCO has every reason in the world to see the GPL killed. That reason is that they have (most likely) been using GPL'd code in their proprietary code. They want to see the GPL nulled and voided so that when "they win their case", they can, at a later date, keep right on using Linux code in their shitty products.

    now, it looks like i need to amend it slightly...

    SCO has every reason in the world to see all GPL software made public domain. That reason is that they have (most likely) been using GPL'd code in their proprietary code. They want to see the GPL nulled and voided so that when "they win their case", they can, at a later date, keep right on using Linux code in their shitty products, as well as to prevent being sued into oblivion by a horde of GPL contibutors.

    it sucks being right.

    I'm telling you - we need to see SCO's "closed source" product code - for there, you will see that they have been going what they have accuesed everyone else of doing.

    There is NO other reason for wanting all GPL code made "public domain".

    --
    guns kill people like spoons make Rosie O'Donnell fat.
  8. Here's a thought... by GearheadX · · Score: 3, Interesting

    Why is SCO trying to get GPL code into the public domain? Could they perhaps be trying to cover their tails in case someone were to uncover GPL code in software THEY have been releasing closed source?

  9. Blatant Anti-Microsoft Conspiracy Theory by debaere · · Score: 3, Interesting

    Does anyone else get the feeling that SCO is trying to get the Linux Kernel into the public domain so Microsoft can use it as a base for Longhorn? Robert X Cringley had an article about this a few months back.

    --

    DOS is dead, and no one cares...
    If there's a Bourne Shell, I'll see you there
    1. Re:Blatant Anti-Microsoft Conspiracy Theory by MsGeek · · Score: 2, Insightful

      They don't have to. There is a perfectly good kernel that Microsoft can grab, lock, stock and barrel, and assimilate into Longhorn. It's called the BSD kernel. FreeBSD, NetBSD, OpenBSD...it's all fair game because of the BSD license. Microsoft has assimilated BSD code in the past...run Strings on ftp.exe and see the "Regents of the University of California" copyright notice for yourself.

      Fearless prediction: we will see WinBSD in our lifetimes. Only it will be referred to as just another iteration of NT.

      --
      Knowledge is power. Knowledge shared is power multiplied.
  10. Hmmmm, maybe not such a bad idea.... by mikeophile · · Score: 3, Interesting
    Getting the GPL declared public domain might provide just enough precedent to get all intellectual property declared public domain.

    Free the meme! Viva la revolution!

    Or not.

  11. New theory by lurker412 · · Score: 4, Funny

    SCO is obviously out to destroy the open source community, but their method is more subtle than previously thought. They just make an outrageous claim and then watch all the open source developers spend their time flaming on ./ rather than doing real work. Pretty sneaky...

  12. Bright spot amid all the lunacy. by Distan · · Score: 2, Insightful

    If it is all going to boil down to the GPL being tried in a court of law, there is one big thing that we should all be thankful for. That is the fact that IBM is on the side of the GPL. IBM has some of the best and sharpest attorneys in the corporate world, and short of having Disney come aboard as well, I can't think of any corporation I'd prefer to have as my proxy warrior.

  13. The enemy of my enemy by dmaxwell · · Score: 2, Insightful

    is not necessarily my friend. Noorda dislikes MS to point of calling Ballmer "Emballmer" and Bill "Pearly" Gates. He was fond of saying something like "Emballmer gets you ready for the grave and Pearly drops you in it."

    I have no doubt he would like to score a win of some kind against MS. But it wouldn't surprise me if Free Software offends him as badly as it does MS. A victory for the GPL isn't necessarily a victory for him. He isn't going to go out of his way for a little schadenfreude.

    The other possibility is that he doesn't care what SCO does as long as they're scoring some change from SUN and MS.

  14. for the sake of arguement... by 3seas · · Score: 2, Interesting

    If the GPL is invalid, what other licensings would also be in question?

    How about any licensings that violates or circumvents a persons constitutional rights (US)?

    Might such a thing also extend to employment contracts?

  15. SCO's nefarious plan... by studerby · · Score: 4, Funny
    SCO's nefarious plan is to get IBM's lawyer's to laugh themselves to death, and thereby win by default.

    Sheer genius!

    --

    .sig generation error:468(3)

  16. Restricting access to FTP won't help SCO by 47PHA60 · · Score: 2, Informative

    "Looks like SCO has become just a bit worried about their liabilities for distributing the Linux kernel. Starting November 1 you will have to be a registered SCO customer to be able to access their FTP site."

    Doesn't matter; it is OK under the GPL to make code available only to those people who received binaries from you. You must, however, grant the same rights to those recipients so that they can further modify or distribute what they got from you.

    In other words, if the GPL is enforceable, this move by SCO does not mitigate their responsibility to honor the terms of the license which they accepted by distributing the software.

    If the GPL is enforceable, SCO has lost their rights by attempting to add further restrictions (in the form of their "SCO IP License"). If the GPL is not enforceable, then the whole software industry is in for a shake-up, because a license is the only way that software copyright holders extend any rights to you beyond what copyright allows.

  17. Well then. by mcc · · Score: 3, Insightful
    That solves everything neatly.
    1. November 1 comes.
    2. IBM buys one (1) SCO UNIX license.
    3. IBM downloads the full linux kernel from SCO's website.
    4. By giving IBM said kernel, SCO has just licensed Linux to IBM under the GPL. This can no longer be argued to be mistake, or something accidentally left around on the website. IBM is now not only someone who has grabbed a file off SCO's website-- which is all that you need for the GPL license to be extended-- they are now a paying customer.
    5. All the code IBM ever put into linux now falls into two categories.
      1. Code which IBM had the right to put into linux because they own it.
      2. Code which IBM has the right to put into linux because SCO has granted them an unfettered license to do so by distributing said code to IBM under the GPL in step 3.
    6. Thus, SCO's lawsuit against IBM-- in which they allege IBM put code into linux which by right of contract is the property of SCO-- is no longer valid, since whether said code is IBM's or SCO's property, IBM now has the right to distribute it under the GPL anyway. The suit can be thrown out.
    Yes, I realize the above is utterly rediculous. I'm pointing this out just to elaborate how rediculous SCO's position is. As if it weren't already obvious to all.
  18. Who gets the most from the death of the GPL? by billn · · Score: 2, Interesting

    'SCO is trying to get the judge to declare all works released under the GPL for the last 3 years put into the public domain.'

    There were early rumours about Microsoft having a puppeteer-like hand up SCO's collective ass when this whole mess started.

    Everything released under the GPL over the last three years, ostensibly some pretty solid code and products, would suddenly be up for grabs without the viral GPL attachment, including the Linux Kernel.

    (Linux - GPL) + (Innovative Open Source GPL Products - GPL) + (Microsoft - Innovation) = ?

    --
    - billn
  19. I am confused by Irishman · · Score: 2, Insightful

    The argument that SCO has outlined states that the GPL contravenes the copyright law by making software very free. I won't try and figure out how something can be too free in a nation that purports to be the most free nation on Earth.

    As I understand it, if I create a copyrightable work, I can impose any restrictions on the use of that work. If you want to use that work, you must comply. If I choose to release a work under the GPL, that is my choice. I am complying with the law in that I have imposed restrictions on the use of my work (or lack of restrictions). You as a consumer must comply with those restrictions. I am not forcing you to do so. If you cannot comply, you cannot use it, pure and simple.

    Can someone explain to me how this is not constitutional?

  20. huh? by gyratedotorg · · Score: 2, Insightful

    'SCO is trying to get the judge to declare all works released under the GPL for the last 3 years put into the public domain.'

    correct me if im wrong, but wouldnt this put sco's linux distro into the public domain, and thus, invalidate all of their stolen-ip claims? sco did release their distro under the gpl, correct?

    --
    Gyrate Dot Org - "Where high-tech meets low-life"
    1. Re:huh? by Rasta+Prefect · · Score: 3, Insightful
      correct me if im wrong, but wouldnt this put sco's linux distro into the public domain, and thus, invalidate all of their stolen-ip claims? sco did release their distro under the gpl, correct?

      Argh, who moded this Insighttful? No, it wouldn't. Assuming there intellectual property is in the Linux kernel, if they had knowningly released it as GPL, it would GPL'd and the whole damn thing would be moot anyway.

      SCO's claims are that IBM and SGI put System V code, along with other code they developed, but that according to SCO still belongs to SCO by the terms of the Unix license agreement, were put in the Linux Kernel and the SCO Relased it under the GPL _without know it was there_. And that therefore it was IBM and SGI who released SCO's proprietry IP under the GPL. So it wouldn't be any more legitimately Public Domain that it is GPL'd now. At least if you buy what SCO is saying.

      --
      Why?
  21. Hanlon's Razor by Anonymous Coward · · Score: 5, Funny

    "Never attribute to malice that which can be sufficiently explained by stupidity."

    1. Re:Hanlon's Razor by rhizome · · Score: 4, Insightful

      Sure, we all love Hanlon, but his razor is not all-encompassing. I don't believe that explaining SCO's actions as "stupidity" is *sufficient* at all. This isn't a personal attitude, it's just that with all the complications, details and seemingly malpracticed legal maneuvers that there is just too much going on for stupid people to be responsible, and furthermore that there are smart people doing stupid things. Don't think for a minute that they don't have a plan, and that SCO execs aren't just flying off the handle randomly because their legal staff thinks that whatever they want to do is just fine. While we may not be able to accurately speculate what that plan is, it doesn't mean that there isn't one that we'll find out about later.

      --
      When I was a kid, we only had one Darth.
  22. Huh? by siskbc · · Score: 2, Informative
    How about any licensings that violates or circumvents a persons constitutional rights (US)?

    Any contract whose terms are not legal is null. So I think that's already the case.

    Note that there is a difference between someone waiving their rights and inalienable rights being violated. In any contract there is give and take - for example, in exchange for payment I give up some specific rights (like working for my employer's competition on the side, for instance). However, I couldn't sign a contract making me a slave. That's not legal.

    --

    -Looking for a job as a materials chemist or multivariat

  23. GPL is unconstitutional? by dacarr · · Score: 2, Insightful

    SCO says GPL is unconstitutional. Many public school students feel that school dress codes violate the first amendment. Some people feel that corporate restrictions on the distribution of pornography violate *their* first amemdment rights. Invariably, these people are corrected and accordingly embarrassed when the authorities say "Um, no it's *not*."

    --
    This sig no verb.
  24. How does this stay off the financial newswires? by roystgnr · · Score: 4, Insightful

    SCO's book value will be either billions of dollars or zero dollars after this case is over, and now we've got law professors calling their case "bizarre and ridiculous" - isn't that the sort of thing SCOX shareholders might find interesting? Yet unless you go into the discussion forums there's not a peep about it on finance.yahoo.com, fool.com... marketwatch.com is the only site I can find that's actually linking to any of these stories.

    So I'm throwing out two questions:

    Is there anything we can do to make the financial folks more aware of this? Every time a deceitful SCO executive makes another $100,000 stock sale to ignorant traders, Adam Smith does another 360 in his grave.

    Is there some better news source I should be using for the stocks I buy? I may sound like I'm mocking the "ignorant traders", but how can I be sure I'm not inadvertently funding some con artist myself?

    1. Re:How does this stay off the financial newswires? by milo_Gwalthny · · Score: 3, Informative

      Some of the smart money is getting out. Integral Capital Partners just filed an amended S-13G showing that they no longer own any SCOX. They were one of the largest holders prior to the lawsuits.

      ICP is one of the smartest private investors in California. My advice on news... watch what they do, not what they say. On news sources: best source is EDGAR.

      --
      Milo
    2. Re:How does this stay off the financial newswires? by Anonymous Coward · · Score: 2, Interesting

      For every seller, there's a buyer. The ignorant are the people who are buying now.

      If you saw what they were planning and bought at the right time, you'd probably be guilty of insider trading.

  25. America's loss if they ban the GPL by adrianbaugh · · Score: 5, Insightful

    America is not the world. (Reminded about my earlier gaffe about Canadians, perhaps I should say "the USA is not the world.)
    If the GPL is ruled unconstitutional in the USA then the rest of the world simply goes for a dual license. With apologies to all the sane people in the USA, I go for something along the lines of: "GPL applicable outside the USA. No licensing terms available within the USA." We move repositories of GPL stuff out of the USA and the rest of the world gets on with business as usual, apart from possibly a few years setback having to replace key developers. The USA, meanwhile, carries on smoking its crack pipe.

    --
    "'I pass the test,' she said. 'I will diminish, and go into the West, and remain Galadriel.'"
    - JRR Tolkien.
    1. Re:America's loss if they ban the GPL by fishbowl · · Score: 2, Insightful

      Yes. Even if SCO can influence a judge to revoke a domestic copyright, I think they are going to need to make a much bigger case if they want to move to an international jurisdiction.

      No judge is gonna take this pill though. They know the score. He won't actually have the authority to revoke your copyrights, my copyrights, or Linus' copyrights, period. Even if I licensed my stuff under plainly illegal and unenforceable terms. EVEN IF THE GPL is COMPLETELY INVALID, the copyrights are safe from any sweeping court order.

      How would that be worded, anyway? How could it possibly not be discriminatory?

      --
      -fb Everything not expressly forbidden is now mandatory.
  26. Class action lawsuit? by narfbot · · Score: 2, Interesting

    If SCO succeeds in getting the GPL voided and all it's code put into public domain (last 3 years??), can I please be the first to sign onto a class action lawsuit, because it affects me. Surely this damages the work of thousands of people, probably in the trillions of dollars, and I would sure enjoy being part of a coalition to bankrupt and crush SCO. SCO execs will never be able to work in business again.

  27. A discussion of Copryright Preemption by criquet · · Score: 3, Informative
  28. Whether the GPL applies or not... by mark-t · · Score: 2, Redundant
    Copyrighted code is STILL copyrighted...

    A person publishing source code does not relenquish the author's legal rights over that source code any more than a book author, by having a book published, relenquishes copyright control over the content of *HIS* work.

    Without the GPL, no code that is currently GPL'd can ever be legally distributed by anyone (except those expressly permitted by the copyright holder), until such time that the copyright expires (which given the inane extensions given to copyright recently, could be an *AWFULLY* long time).

    As for getting permission from the copyright holder... well if a person had wanted to use the GPL in the first place, they'd just come up with their own licensing system which still maintains the copyright holder's ownership and control on the work, and has simple enough requirements for getting permission that absolutely *ZERO* paperwork is necessary (ie... a GPL-ish license).

  29. Isn't it ironic... by argent · · Score: 2, Interesting

    Ironic, isn't it, that it's Windows that's doing more to remove OS software from the realm of competition than the GPL... by making it unprofitable to create a new OS from scratch because of the cost of reverse-engineering deliberately buggy APIs.

    Ironic, isn't it, that it's GCC that's being used by all these operating systems, proprietary or otherwise.

    Ironic, isn't it, that embedded system makers are picking BSD over Linux (or wishing they had in the case of Linksys) because they don't want to be in the business of developing operating systems... but the GPL is too onerous?

    1. Re:Isn't it ironic... by larkost · · Score: 2, Interesting

      I would be careful about making the assumption that many commercial OS's are compiled with GCC. MacOS X includes CGG as their developer complier, but much of the OS is still compiled on Metroworks compilers (they are faster... and much of the Finder was built with PowerPlant... this is what I have been hearing all along). And there is IBM's compilers that are significantly faster, but cost a few thousand dollars. Since they are mostly swappable with GCC I expect to see them as a second compiler for Apples XCode, with bigger houses choosing between Metroworks and the XCode/IBM combinations, and the small fries like me going with GCC.

      GCC is a wonderful project, but don't mistake it for a performance competitor to the commercial compilers like IBM's, Intel's, or Metrowork's.

  30. Why reinvent the GPL? by argent · · Score: 2, Insightful

    "well if a person had wanted to use the GPL in the first place, they'd just come up with their own licensing system..."

    Like BSD, or the LGPL, or the Artistic License, or...

    If there were no GPL, SCO's position would be no better. In fact it was a contract with the CSRG containing terms similar to the BSD license that tripped AT&T up the first time this played out... not the GPL.

  31. metaphor time by pyrrho · · Score: 3, Insightful

    I think this is like saying that if I live in the woods I'm freer then if I live in a house with a fenced yard. I can go in any direction I want... I am not 'forced' to go to the door or unlock my gate. I'm free!!!

    But then, life is complicated, and the result of having no house and no fence is that, for example, I have no place to put my stuff. I'm not really very free to have stuff, and if I do have a VCR in the woods it's easily stolen. You can think that you are more free. There is a semantic argument and a definition of free where you will be "correct", but in the real world, safety measure do INCREASE freedom if they are the right measure (like have a lockable shelter).

    The GPL is a lockable shelter. And yet unlockable. Beautiful.

    --

    -pyrrho

  32. Why is IBM so quiet? by WhiteWolf666 · · Score: 3, Insightful

    I know it is probably because they are so certain of their case, and because they don't really want to join the current shit slinging freak-show that is SCO, but. . .

    I almost get the impression that IBM is not making a sound for fear that too much pressure on SCO will simply cause them to fold.

    When you have a million to one advantage against your enemies, there really isn't any reason to jockey for position.

    It is hard enough to keep them in the game, and IBM legal knows as well as anyone else that splattering Boise & Co. in the court room will be some seriously positive publicity.

    --
    WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    1. Re:Why is IBM so quiet? by Rimbo · · Score: 4, Informative

      Have you ever heard a representative of one company or another say, "I'm sorry, but we cannot comment on legal matters?"

      There is a very good reason why you should keep your trap shut when you're involved in a lawsuit: "Everything you say can and will be used against you in court." Now I KNOW you've heard that one.

      You do not discuss legal action until the case is over with. Time and time again, SCO's refusal to keep their lips zipped has fed IBM more fuel for their own counter-suits and defense. Everything they have said can and will be used against them by IBM.

      IBM is not making the same mistake.

      I also feel that their brevity and silence makes the cloud forming over SCO only seem darker, but that's just my own bias talking there. The reality is that what you don't say won't come back to haunt you later.

    2. Re:Why is IBM so quiet? by Corgha · · Score: 2, Insightful

      SCO's refusal to keep their lips zipped has fed IBM more fuel for their own counter-suits and defense. [...] IBM is not making the same mistake.

      It's only a "mistake" if the goal of the people whose lips are in question is for SCO to win the lawsuit.

      If, on the other hand, the goal is to pump up stock prices to make some personal profit before the company's demise, it would make sense both to make all sorts of wild claims to boost investor confidence, and to put off the day of reckoning in court as long as possible. So far, with that in mind, their statements and actions seem to have been pretty sensible and successful.

      Why should the SCO executives care about the success of the lawsuit or their company when there's money to be made on the stock market?

    3. Re:Why is IBM so quiet? by WWWWolf · · Score: 2, Funny

      IBM sits quietly for quite a while.

      Then, they'll finally speak.

      BEWARE, I LIVE.

      And then, there will be quite a few comments SCO needs to respond to, such as:

      I AM I-B-M.

      RUN, COWARD!

      At this point, SCO will probably realize challenging IBM was a mistake.

      I HUNGER.

      RUN, RUN, RUN!

      For once upon time there was a time when horror had a face, and that face was - paradoxically enough - the facelessness of IBM's legal department.

  33. The sound and the fury by ajs · · Score: 2, Insightful

    Something to understand here is that SCO's lawyers are not behaving eratically or in an unusual way, given their position.

    That is, wen you enter a legal dispute, your first tactic is usually going to be to attack the very foundation of your opponent's position. It doesn't matter if your claims are reasonable (though they should be as reasonable as possible), you just want to take the shot.

    Then, idealy, you prepare several fallback positions of increasing weight. There's an emotional trick here and a logical reason for this. The emotional trick is that you set the bar by making the hyperbolic claim. When you claim that the GPL is unconstitutional, you're not attacking the GPL directly so much as you're attempting to start the conversation with a debate over the validity of the GPL so that your next points: the enforcability of the GPL will be recieved better.

    The logical reason to do this, however, is obvious to anyone who worries about network security. The first thing you do is always the easiest, no matter how likely it is to stop an attacker, to NOT do the easy things, you would be remiss. After you block all incoming IPX traffic, you still have to deal with the TCP threats, and while it's unlikely that you'll be getting IPX-based attacks from your T1 provider, you should still block it.

    That's what SCO has done here. They're not really taking the position that the GPL is obviously unconstitutional, so much as they are making that claim because it's where you start... then you can move on to the arguments that are more likely to work for you.

    Whenever I hear someone talk about how "insane" SCO is acting, I have to shake my head. It's not insane for a dying company to make grandious copyright claims against the rest of the industry. It is in fact, a very wise, if desperate, tactic. Get used to it, now that Linux is seen as an ecconmic reality, SCO's wild pot-shots will only be the first of many. The open source community's headache here will be the fact that most businesses don't handle all of those pot-shots in the public eye....

  34. I see a pattern emerging here... by Java+Pimp · · Score: 5, Funny

    1. IBM, we sue you for leaking a few lines of our code into Linux.
    2. IBM, we sue you because you leaked thousands of lines of our code into Linux.
    3. IBM, we sue you because we own Unix and you developed software for Linux.
    4. Linux was based on Unix and Unix has 2,000,000+ lines of code. Linux contains all our code!
    4. IBM, we sue you... not quite sure why now... We own Linux. Everyone give use $699 or else.
    5. All software written under the GPL in the last 3 years is free because the GPL is stupid and it just should be ours anyway.
    6. All software ever written is ours.
    7. ALL YOUR BASE ARE BELONG TO US!

    --
    Ascalante: Your bride is over 3,000 years old.
    Kull: She told me she was 19!
  35. Be careful what you ask for, you just might get it by LostCluster · · Score: 3, Interesting

    In the unlikely event that all GPL released works become public domain per SCO's request... wouldn't that include SCO's own Linux release, therefore killing whatever ownership of any fragement code they might have had?

  36. Re:Where is Richard Stallman? by ctid · · Score: 2, Insightful
    So I ask you, all of you, where is RMS!? Why is he so silent on the SCO issue? Why can he rant and rave for endless hours about most subjects but on this most precious subject of them all is he silent?

    I think Stallman is being quiet because this offers the best possible contrast with SCO's approach to this farrago. Eben Moglen makes regular, measured, authoritative statements concerning SCO's claims. He is the appropriate conduit for the FSF's position in this case, IMHO.

    You know, maybe there's a lesson for us all here. On second thoughts, maybe it's just a lesson for you.
    --
    Reality is defined by the maddest person in the room
  37. This one's Malice *and* Stupidity by billstewart · · Score: 4, Insightful
    Look, just because Stupidity is clearly in effect here doesn't mean there isn't also Malice....

    SCO and Microsoft aren't the first people to dislike the GNU Public Virus. It's a licensing approach that's very aggressively designed to promote certain ideas about how Free Software should work, and there are alternative viewpoints even among people who *do* like free software. However, SCO does appear to be the first group that's sufficiently well-funded, aggressive, and boneheaded to attack it with a large crash-and-burn lawsuit.

    They do have a partial case - the Unix source license terms were always unclear and dodgy in terms of exactly how closely derived something from Unix source had to be covered, and it's possible that IBM or Sequent or SGI slipped close enough to the edge to sue, but the BSD lawsuits pretty much established that reverse-engineered work-almost-alikes are ok, at least with sufficiently careful clean-room techniques, and IBM has more experienced software-issue lawyers than anybody except possibly Microsoft or remotely possibly the US Government (who also suffer from combinations of malice and incompetence.) However, SCO's distribution of Linux 2.4.x weakens their position substantially.

    Me? I've probably still got my Usenix "Mentally Contaminated" pin from a few years ago, though Unix source has evolved a bit from the System V Release 2.0p days when I last looked at licensed kernel source, or from the early 90s when I was using licensed user-space code, and it's amazing how much bit-rot can set in...

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
    1. Re:This one's Malice *and* Stupidity by Monkelectric · · Score: 4, Insightful
      GNU Public Virus. It's a licensing approach that's very aggressively designed to promote certain ideas about how Free Software should work,

      You've got a good post here, but Id like to pick at this statement. Nobody is forcing ANYONE to use GPL Software, or GPL code in their projects. If you don't like the license you are free to write the code yourself. End of story. People who whine about the GPL piss me off, they want *free code* and no responsibility. The GPL is Candy and the GPL says "You can have any of our candy, but you have to give our candy and your candy to anyone that asks." If you dont like that, don't take their candy and you are no worse off. none at all.

      --

      Religion is a gateway psychosis. -- Dave Foley

    2. Re:This one's Malice *and* Stupidity by WalletBoy · · Score: 2, Informative

      See that's one of the reasons why companies get confused and fear the GPL. They don't have to give up their candy if they made it themselves without any help from you. Companies have knee-jerk reactions to the GPL and think that just because they use it on one product it means all of the sudden everything they ever produced now falls under the GPL. Another analogy of GPL might be what's mine is yours, what's yours is yours what you do with my stuff is yours and mine and his and hers.

  38. The SEC needs some help from *you* by anomaly · · Score: 4, Informative

    I contacted the SEC about SCO, and they called me back!

    I posted a comment with more information about this yesterday....

    --
    But Herr Heisenberg, how does the electron know when I'm looking?
  39. Re:The GPL is *not* freer than public domain softw by Zimm · · Score: 2, Insightful

    GPL is more free because you cannot not distribute source.

    Right, by restricting freedom you can create more. You should work for SCO they need a minster of information. The GPL restricts freedom, whether that is good or bad can be argued, but at least call a spade a spade.

  40. Re:Where is Richard Stallman? by ctid · · Score: 4, Insightful
    Unacceptable. Richard Stallman is the point man for the GPL. I know RMS also founded the FSF and therefore Eben Moglen could be thought of as his spokesman.

    More importantly (and more accurately), Eben Moglen "could be thought of" as the FSF's Legal Counsel. Why do you think that anyone cares whether you think RMS's actions are acceptable?

    However this is RMS we're talking about here. He didn't just market the GPL, he rammed it down our throats.

    Nobody rammed the GPL down my throat. Some people offered some software under a licence they selected. I chose to use the software. Occasionally I have redistributed this software, under the rights and conditions granted to me by the GPL.

    There is a certain art in trolling. You have to stay just the right side of acting like an obnoxious idiot, otherwise you'll just get patronised by people who are cleverer than you are.
    --
    Reality is defined by the maddest person in the room
  41. Makes sense by PenguinX · · Score: 2, Funny

    Madmen always take the most simple and logical path to reason their madness. SCO wants money at the expense of everyone else, so naturally they must assert themselves as superior to everyone else.

    It seems to me that they will build an ingeniously incorrect case, bring it in front of a court of law, play the justice system like a card table in Vegas, and if they win ... well that would be bad.

  42. inth Amendment? by jmorris42 · · Score: 4, Insightful

    Only one problem, the 9th and 10th Amendments have been effectively removed from the US Constituition. When was the last time a major case turned on one of them? For if the Courts were t rediscover them they would be forced to strike down most of the Federal Government.

    Example: I have the babble box on in the background right now, happen to be on CNNFN and was half listening to a discussion about a new proposed EPA rule requiring apartments to install water meters on each unit in the name of water conservation. The discussion covered a lot of issues, whether it would actually save water, how hard it would be to retrofit existing structures, blah blah. At no point was the most important question asked. What section of the US Constituition granted the Federal Government the power to regulate water supply to dwellings? Since there is no such section, the clear language of those same Amendments mean it HAS no such authority. Most of the EPA, FDA, HUD, etc. etc. are illegal according to the Constituition but violate their edicts and you will go directly to jail, not pass go and never find a lawyer willing to take your 200/hr to use the 9th or 10th Amendment in your defense.

    The Constituition uses shockingly clear and direct language, but it still gets ignored.

    Amendment 9:

    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

    Amendment 10:

    The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

    --
    Democrat delenda est
    1. Re:inth Amendment? by falsified · · Score: 3, Interesting
      Commerce clause. Article I, Section 8.

      ...To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

      It goes on:

      To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

      That's where.
      Constitution of the USA

      --
      HI, MY NAME IS ISAAC.
    2. Re:inth Amendment? by bnenning · · Score: 3, Interesting
      Commerce clause.


      Ok, and how does the water supply to an apartment fall under "interstate commerce"? Sure, you can come up with contrived logic like "the pipes may have been manufactured outside the state". Once you do that, there is *nothing* that is off limits to government, because every single activity anybody performs anywhere can have some remote tangential connection to some act of interstate commerce. I have a hard time believing this is what the founding fathers intended.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    3. Re:inth Amendment? by cculianu · · Score: 2, Insightful
      ...To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

      Well, strictly sepeaking, the above sentence proves nothing. They are talking about commerce with foreign nations and among the several states (this means basically, any commerce not inside a state).

      Constitutional scholars agree that originally, the United States was to occupy the federal space -- meaning issues between states and with foreign governments. Unfortantely this went the way of the Dodo long ago. Today the federal government is something else entirely. It's sad, but the parent to our posts is right. The 9th and 10th Amendments are ignored completely and there is no clear answer to this. Noone knows what to do about this, and often the argument that is used to justify it is the argument you have presented.

      I really wish that the authors of the constitution were much much more explicit in their intentions to limit Federal power, but in the end perhaps incresed Federalism is a good thing for the prosperity of the nation as a whole.. I don't know.

  43. Selling Multics? by miniver · · Score: 4, Funny
    IBM can make money selling Linux, AIX, Unixware, Multics, Windows, whatever.

    While most of your post is accurate and informative, I have to dispute one point: nobody could make money selling Multics, or they'd still be selling it today. GE tried and failed, Honeywell tried and failed, and no one else was stupid enough to buy it after that. (I am a former Multician.) Multics was very good at a bunch of things, but it was never designed to be ported to different hardware, and it just cost too damn much to run and maintain.

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    We call it art because we have names for the things we understand.
  44. Re:In terms a 4th grader could understand... by fishbowl · · Score: 2, Insightful

    "If its not enforceable, and goes under public domain"

    Then thousands of angry people all have a serious grievance regarding their right due process before a Constitutional Right can be abridged. Every one of them is entitled to an individual hearing on the matter, probably one for each piece of copyrighted work.

    The judge in this lawsuit does not actually possess the authority to make such a judgement, except in the specific cases of the property of the parties to the suit. If your code isn't part of the disputed items in SCO v. IBM, it's completely beyond the scope of this trial. Even if the judge finds the GPL to be unenforceable, he can ONLY rule it to be unenforceable by one party to this suit against the other. He could also conceivably be able to order one party to release their property under other licenses, or even surrender their copyrights, as part of the disposition of the case.

    This judge cannot hammer his gavel and magically make GPL code into PD, period. That's not even conceivable. And as for finding the GPL to be invalid, it might become invalid between SCO and IBM, but it's still going to be valid between ME and YOU until we get OUR day in court, unless you have some reason to anticipate a Supreme Court ruling on the thing. (This case isn't going there, certainly.)

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    -fb Everything not expressly forbidden is now mandatory.
  45. Either Extreme Hurts SCO's Case by billstewart · · Score: 2, Insightful
    SCO seems to be trying to split the possible interpretations of GPL validity into three positions
    • GPL is unenforceable and anything GPLed is public domain
    • GPL is potentially enforceable but SCO's license to IBM prevents IBM from contributing anything useful to it
    • GPL is unenforceable and everything with a GPL attached is still owned by the original authors and each and every one of them retains the right to collect statutory copyright damages against anybody who copies their software without their direct and explicit permission.

    If they go for the "Public Domain" extreme, the fact that they've given out 2.4.13 means that all that material's public domain now, as well as any earlier Linux material IBM had access to when developing their versions, so there's not much covered by their alleged contracts except some of the multi-processor scheduling stuff in SVR4.2 and later versions, and there are other sources of multi-processor scheduler work that IBM may also have drawn on. They certainly can't nail anybody who's not using those post-2.4.13 modules.

    But if they go for the "Invalid, and everybody who contributed anything can still sue" part, it may be arguable that they've still got no claim over anything in 2.4.13, since they gave that away for free, or to derived works from that, and if they want to mess around suing anybody other than IBM for material that was in other Linuxen, they'd better be willing to defend themselves against the Death of a Thousand Lawsuits from anybody who contributed to 2.4.13 or to other GPL material SCO is continuing to use or distribute along with their licensed Unix versions (though they're probably safe leaving the BSD stuff in.) They'd certainly better ditch any EMACS and GCC because of RMS's direct contributions.

    The Middle Case leaves Linux off the hook except for a few IBM scheduler additions and perhaps a few other features they haven't named, and IBM may or may not be able to beat the rap for sharing their trade secret on the rest of it. The Evil DMCA Cases leave IBM's position a bit shakier, but unlike the DVDCCA's ability to judge-shop and harass random teenagers first, SCO is stuck with fighting the 800-pound gorilla first and then hitting any weaker players later if they win.

    And at first glance, SCO's assertion that the GPL is unconstitutional suggests that they're consuming substances that were frowned upon by the majority religion in Utah but are quite popular in Santa Cruz, or alternatively that they've been overusing substances that even Santa Cruzers view as harsh and ill-advised. Their best bet is to file a motion of "Withdrawing because we wuz drunk at the time we filed it, Yer Honor" with the court and get out, or see if they can get the Governator to go back in time and stop Linux and RMS.

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    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  46. Re:GNU Public Virus by billstewart · · Score: 2, Interesting
    Of course you're not forced to use GPL software. But "if you don't like the license, you're free to write the code yourself" isn't the end of the story - there are alternative free software licenses, ranging from BSD-style "Leave our name on it and agree that we disclaim all responsibility if Bad Things happen" to the Artistic License to postcardware to public domain or whatever. I like the LGPL better than the GPL for most applications, and I still remember way back when it was the "Library GPL" rather than the Stallmanesque renaming as the "Lesser GPL".

    RMS has been very successful in promoting his obsessive viewpoints on Exactly How Free Software Should Be, and enough people have been willing to go along with it that there's not a significant body of work covered by the GPL. How many of the authors would have been just as satisfied contributing to something with an Artistic License or a Not My Fault license is debatable; once you attach it to GPLed stuff, it tends to get GPLed unless you're very careful about how you build and use interfaces, and that may not be the best _technical_ choice or may be more work than people want to bother with.

    There's Free like in Free Speech, and Free like in Free Beer, and then there's Free like in Free Kittens...

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    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks