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Red Hat's Open Source Assurance Program

scubacuda writes "ZDnet and others report that Red Hat now offers the 'Open Source Assurance Program' as protection for customers if they get hit with a copyright infringement case from the SCO Group. From their website: 'A key feature of the Open Source Assurance Program is an Intellectual Property Warranty. The warranty ensures, that in the event that an infringement issue is identified in Red Hat Enterprise Linux software code, Red Hat will replace the infringing code. Red Hat's warranty assures customers that they can use Red Hat Enterprise Linux and related solutions without interruption. The warranty is available for all customers having a valid registered subscription to Red Hat Enterprise Linux or related solutions.'" Following close behind Novell and Hewlett-Packard, but it looks like Red Hat is not actually indemnifying their customers like Novell and HP, but rather is simply promising to fix any real copyright problems moving forward, which is something I think we would assume they would do in any case.

142 comments

  1. Can't indemnify by airrage · · Score: 4, Interesting

    Throughly useless I think. You can replace the code, but you can't indemnify 3rd parties. So, because anybody can sue anyone for anything, you'll still end up in court if your pockets are deep enough.

    Like trying to swat elephants with fly-swatters.

    --
    "This isn't a study in computer science, its a study in human behavior"
    1. Re:Can't indemnify by trix_e · · Score: 4, Insightful

      huh?

      if you can't indemnify 3rd parties, who the heck can you indemnify? That's the very definition of the word, to protect another party against damage or loss...

      --
      No man is an island, but Gary is a city in Indiana.
    2. Re:Can't indemnify by Anonymous Coward · · Score: 2, Funny

      if you can't indemnify 3rd parties, who the heck can you indemnify?

      2nd parties, 1st parties, and 4th - nth parties. But not 3rd parties. Jeez, where'd you go to law school?

    3. Re:Can't indemnify by Anonymous Coward · · Score: 1, Insightful

      if you can't indemnify 3rd parties, who the heck can you indemnify?

      If I license Red Hat Enterprise Linux then Redhat and I are the first and second parties. Why should I care what they do for third parties?

    4. Re:Can't indemnify by Elektroschock · · Score: 1

      RedHat confirms SCO's baseless claims and FUD by these actions. Sco's anticompetitive behaviour and potential capital market fraud shall rather be subject of criminal investigation.

    5. Re:Can't indemnify by gcaseye6677 · · Score: 1

      Under an arrangement like this, the party being sued would have Red Hat to pay their expenses, which would be a lot more appealing than shelling out for lawyers on their own for a baseless lawsuit. Red Hat is clearly not worrying about actually losing one of these cases since they know what SCO's chances are.

    6. Re:Can't indemnify by Trepalium · · Score: 2, Insightful

      Don't be silly. Within a few hours SCO will release a press release saying that Red Hat's actions prove that there are flaws in the Linux development process, and that Red Hat is putting themselves at risk. You gotta remember SCO logic. IBM doesn't indemnify -- IBM knows there's problems with Linux. HP does indemnify -- HP knows there's problems with Linux. You simply cannot win against this kind of logic.

      --
      I used up all my sick days, so I'm calling in dead.
  2. "if we're caught, we won't do it again" by Rhubarb+Crumble · · Score: 5, Funny
    but rather is simply promising to fix any real copyright problems moving forward, which is something I think we would assume they would do in any case.

    So, they are promising, in case they are slapped with a cease-and-desist order, to cease and desist. Whatever next?

    1. Re:"if we're caught, we won't do it again" by __past__ · · Score: 1

      No, they would only cease and desist shipping the forbidden code to people who have the insurance, and not replace it for all others. Why would anybody pay for it otherwise?

    2. Re:"if we're caught, we won't do it again" by molnarcs · · Score: 4, Interesting

      This is actually one of the best ideas I ever heard. Of course stating that we will replace the code is stating the obvious (that's what linux hackers been saying all along) but what matters is the 'smell' of this statement: it smells professional and businesslike. And most importantly: it is a proactive document.

      Also, it might provide some legal protection against alleged 'willful' infringment. If they can point their fingers to their Open Source Assurance Plan whenever they are brought to courts by a party claiming infringment, they have the acting in 'good faith' argument on their side, unless they won't live up to their promises (which is _very_ unlikely).

      You might say this Plan is just words, but still, it has an important side-effect. Those who don't read groklaw daily, but know about SCO's fiasco, can now call RedHat whenever they receive a threatening letter. Of course, they could have called them anytime, but this document is like a message: call us if someone contacts you claiming infringment. This puts customers in touch with RedHat first, and RH can tell directly to their clients (who, as I said, don't necessarily read groklaw) what this case is about, and SCO failed to pinpoint any infringing code.

    3. Re:"if we're caught, we won't do it again" by strobert · · Score: 1

      Agreed. Although us in the tech crowd know RedHat would do the right thing IF any infringing code is found this is a big warm and fuzzy for PHB's.

      And I agree it should show good faith if things get to a court room.

  3. The Ultimate Game of Poker by Newspimp · · Score: 3, Insightful

    Seeing as SCO can prove just about diddly, I don't think the RedHat Legal Code Change team will have much to do. The cards are being called SCO. Bluff time is over.

    1. Re:The Ultimate Game of Poker by rylin · · Score: 1

      Actually, I'm thinking it's more of a game of Russian Roulette - and there's a full clip in the gun.
      SCO is definitely trying to get someone else to be next.

    2. Re:The Ultimate Game of Poker by AceCaseOR · · Score: 1

      More like a loaded derringer then an semi-automatic pistol. Gun only carries one bullet and it's SCO's turn.

      --
      Zagreus sits inside your head, Zagreus lives among the dead, Zagreus sees you in your bed and eats you in your sleep.
  4. Money? by Anonymous Coward · · Score: 1, Informative

    So this doesn't indemnify? Sounds like they offer to fix the code and it will give you access to the pool of money to help out (which won't last long if the bad news comes.)

    Am I missing something here?

  5. indemnity? by trix_e · · Score: 4, Insightful

    I'm not sure having Red Hat indemnify me or my company would give me the warm fuzzies anyway...

    for indemnification to be meaningful you have to assume that the pockets behind it are deep enough to be able to actually pay out and protect you when (god forbid) the time comes.

    Red Hat doesn't have enough of a track record for their promise to protect me to mean too much to me.

    Yeah, replacing the ostensibly offending code is nice, but it won't get me off the hook if I've already been using something that has been found to be infringing.

    With all that said you have to really believe that there is a reasonable shot of SCO succeeding for any of this to be terribly meaningful to you...

    --
    No man is an island, but Gary is a city in Indiana.
    1. Re:indemnity? by Rhubarb+Crumble · · Score: 3, Insightful
      Red Hat doesn't have enough of a track record for their promise to protect me to mean too much to me.

      Exactly, and this is why this may do as much harm as good. Think about it in the context of RH trying to show people that "yes, we're a serious software company, not a bunch of GNU/hippies".

      Obviously they have to offer something to counter the FUD, if they want people to buy their products. The only question is, will it backfire, as their "something" doesn't cut it? Will it cause potential clients to go "oh look, it's not even a real warranty - they're not a real company after all, let's buy from a real vendor"?

    2. Re:indemnity? by JaredOfEuropa · · Score: 1
      Yeah, replacing the ostensibly offending code is nice, but it won't get me off the hook if I've already been using something that has been found to be infringing.
      I'm not sure how US laws work in this case (or our own European ones, for that matter), but I would assume that SCO could not do a lot to companies using Linux, if these companies have obtained the software in good faith. Even a demand for a cease-and-desist order would be mitigated by a reasonable judge, and a company that obtained the infringing code unwittingly and in good faith, would be given reasonable time to comply and replace the offending code.
      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    3. Re:indemnity? by _Sprocket_ · · Score: 1


      RedHat is not a serious software company. Their primary business is taking someone elses software and packaging it together and selling it (I don't care if they call it support there's no way to get RedHat without paying so for all intents and purposes it's being sold).


      First, RedHat contributes to various Open Source projects. Labeling all of RedHat Linux as "someone elses software" is at the least inacurrate. It may even be misleading.

      Secondly, all of RedHat's contributions to Open Source progects are available for download. To include the Enterprise improvements. However, these are more likely to be limited to source code. Download, compile, install. Or wait for someone else to do it. Voila. You have the software.

      What you don't get is the RedHat service. Easy, quick binary packages and update infrastructure. Or a vendor-certified environment for your Enterprise applications.
    4. Re:indemnity? by Chazmati · · Score: 1

      Yeah, replacing the ostensibly offending code is nice, but it won't get me off the hook if I've already been using something that has been found to be infringing.

      What hook is that? I have to admit I haven't clearly understood this part of the case. SCO's seems mostly irrational, and I don't appreciate their business plan, but their refusal to show the offending source might be understandable if it means that the offending users (such as Red Hat or Novell) could just wipe out the infringing code and be done with it. What was that line about 'You want us to show you the fingerprints on the gun so you can wipe them off' or something?

      On the other hand, if SCO could seek any kind of retroactive damages from Red Hat for shipping distributions with SCO code (this is all assuming that they DO own rights to infringing code) then you'd think they would have come right out and shown everyone the infringing code.

      So either they're not sure the code in infringing and don't want to get laughed out of court, or they think they'll make more money by threats and extortion over the Linux companies they can sue. Or both.

    5. Re:indemnity? by Anonymous Coward · · Score: 0

      First, RedHat contributes to various Open Source projects. Labeling all of RedHat Linux as "someone elses software" is at the least inacurrate. It may even be misleading.

      There's nothing either inaccurate or misleading about it. RedHat's entire business model is built on repacking other peoples work. If they want to be taken as a serious software company they'll have to do more than make small (relatively speaking) contributions.

      Secondly, all of RedHat's contributions to Open Source progects are available for download. To include the Enterprise improvements. However, these are more likely to be limited to source code. Download, compile, install. Or wait for someone else to do it. Voila. You have the software.

      Why bother? People went to distributions so that they didn't have to build a system on their own. Since RedHat is already packing everything anyway why not make the ISO's available like they have in the past? It's not going to cost them anything to distribute already made packages/patches to mirror sites where people can download them.

      What you don't get is the RedHat service. Easy, quick binary packages and update infrastructure. Or a vendor-certified environment for your Enterprise applications.

      Why not make the binary packages available? It's not as if it requires additional work. They're already doing it for themselves. Why not distribute those binaries to mirror sites? Simple: RedHat is now a corporation and the need to generate profits goes against the OpenSource ideal.
    6. Re:indemnity? by _Sprocket_ · · Score: 1


      There's nothing either inaccurate or misleading about it. RedHat's entire business model is built on repacking other peoples work. If they want to be taken as a serious software company they'll have to do more than make small (relatively speaking) contributions.


      I suppose it all depends on your perspective. Sure - RedHat packages the work of others. Welcome to the world of Open Source. Heck - its not like the concept is foriegn to proprietary software either. The IT industry is full of examples of companies making profit off of other's work. Around here, there seems to be a certain glee taken when Microsoft is discovered to be using BSD or GPL code (even when they're fully complying with the license in question).

      I guess it comes down to perception. Just how much of a contribution does RedHat make? I'm under the impression that they give pretty heavily to the Open Source community. RedHat's own listing includes quite a few projects - though no indication as to exactly how much input they've had. One can also find occasional mention of RedHat's development involvement elsewhere (albiet this is also from a RedHat source, if an informal one). I have no idea what the current status of RedHat involvement in these projects are. Feel free to provide an update / information. But at this point, my own perception leans towards RedHat being a contributer as well as consumer of Open Source code.



      Why bother? People went to distributions so that they didn't have to build a system on their own.


      Sure. And I bet if these contributions are important enough, they'll get adopted by the Linux comunity as a whole and show up in your normal Fedora (Debian, SuSE, etc.) packages. Heck. Even if they don't get picked up by the Linux community in general, if its important to RedHat users there will be someone who'll package them for Fedora.


      Why not make the binary packages available? It's not as if it requires additional work. They're already doing it for themselves. Why not distribute those binaries to mirror sites? Simple: RedHat is now a corporation and the need to generate profits goes against the OpenSource ideal.


      I agree with you in part. It is a bit odd that RedHat is playing at this. And it seems a bit silly considering the ability for the RedHat / Fedora community to simply pick up the code and package it. But hey - its their business.

      One point to stress - RedHat's new business model is really about highlighting their service. They want to make it very plain what piece one is getting when one installs Fedora or RedHat Enterprise. Fedora is the bleeding edge, experimental, community, hack distribution. RedHat Enterprise is the nice, safe, slow target for Enterprise software developers and their customers. Chock full of certified compatability, full-service binaries, support options / infrastructure, and all the other warm-fuzzy tidbits an Enterprise customer likes to buy.

      Does this go against the Open Source ideal? Not at all. It's a change (one that I'm not too fond of myself). But it falls in line with their licensing. And RedHat still contributes - albeit in a different manner. After all, nobody said that you weren't allowed to make a buck. Even the FSF.
    7. Re:indemnity? by Anonymous Coward · · Score: 0

      I suppose it all depends on your perspective. Sure - RedHat packages the work of others. Welcome to the world of Open Source.

      The majority of what they're selling is someone elses work. Thus I can't consider them a serious software company if they're only making minor (relatively speaking) contributions to the product.

      But at this point, my own perception leans towards RedHat being a contributer as well as consumer of Open Source code.

      Where did I claim that they weren't a contributor? I said "Their primary business is taking someone elses software and packaging it together and selling it". Some how you've read into that statement a claim that they're not contributing to OpenSource.

      One point to stress - RedHat's new business model is really about highlighting their service.
      Then they should be selling support contracts and making the distribution available for low cost. They're charging $179.00 for a download of REWS which doesn't include much support at all. That's the lowest cost package...it just gets worse from there. I'm sorry but I have a difficult time with RedHat charging $179.00 to distribute someone elses work under the guise of "support". They're taking advantage of other peoples goodwill. I am no longer recommending RedHat as a result. One of the selling points I used to sell Linux to businesses was its free (or low) cost and you could install it on as many systems as you wanted. One of the largest pains in an enterprise is license management...of which there was none with RedHat. But that advantage has been negated by RedHat. With this strategy they'll only be able to grow so large.
    8. Re:indemnity? by greenrd · · Score: 1
      Clue: take a look at the IP indemnification and warranties "real companies" in the software industry like Microsoft and HP provide.

      Clue #2: They're not very impressive, where they exist at all.

  6. SCO has same thing by swordboy · · Score: 4, Funny

    SCO has a plan to counter this. It is called the "Open Sores" program.

    --

    Life is the leading cause of death in America.
  7. Nice gesture by JRob007 · · Score: 3, Interesting

    Its nice to see that even though this is something that they would fix anyways, they are saying it publicly. To many times coporations words and actions imply that they will do something, only to not follow through. Its nice to see a company take a stand and say out loud, what they are going to do.

    1. Re:Nice gesture by Skater · · Score: 1

      Now all that's left is the not following through part?

      I'm confused by your second and third sentences... ;)

      --RJ

  8. How will this actually work? by Sean80 · · Score: 4, Interesting
    I'm not entirely clear how this would work out for customers, so a thought experiment. Say SCO successfully proves that the Linux thread scheduling code is a copyright violation. What does Red Hat do next? Sure, they could rewrite it, but would companies which are now running their flight booking apps, and (don't take me too literally here) their nuclear power station control programs on the Linux kernel be happy about this?

    It would appear to me that the strength of Linux is its history and stability. Take that way, and trouble's a comin'?

    1. Re:How will this actually work? by Anonymous Coward · · Score: 0

      The companies that run flight booking systems will pay SCO their 1000USD/license and they'll be happy with it. Nuclear power plants do not run linux. Modifying safety-critical code costs huge amounts of money and time.

    2. Re:How will this actually work? by gcaseye6677 · · Score: 1

      The real worry should not be about the SCO case, since they clearly do not have one, but about future cases. What if somebody comes forward with an infringement claim that they can actually prove? They would have to be able to show that their code had been placed into Linux without proper authorization. Linux distributors could remove it and issue a patch for customers to apply and this should get the users off the hook, but who would then be at fault for the past infringement? I assume the only person that could be held liable here would be whoever inserted the code, but I could be wrong. If this remains an unresolved issue, a lot of corporate types will still be nervous about using Linux.

  9. Issues about exposure to code? by LinuxHam · · Score: 4, Interesting

    Warning: DNRA

    Seems like a strange thing to offer. Here at work, once you get exposed to open source code, you can never go back to dealing with internal code merely due to the risks that algorithms you develop internally may accidentally be recreated in open source work.

    How can RH say that they will replace your code with non-tainted code if the tainted code is the only way they've seen for approaching a problem. Seems like they need the equivalent of an optoisolator between their tainted developers and non-tainted developers. A white room approach with a description of the goal slid under the door.

    --
    Intelligent Life on Earth
    1. Re:Issues about exposure to code? by jhoger · · Score: 2, Interesting

      Wow your company is paranoid... and I'd say abnormally so.

      Usually it goes the other way... once you are exposed to Closed source code, you can never be employed writing the same Closed source code for another vendor. Example: BIOS clean room development.

      In the open source world, ideas are traded fairly freely. It's easy not to copy someone else's code. It really is. Open source guys really don't care if you copy their ideas. They won't sue you for that. Now your closed source could leak out one day. But that's easy to see since open source code is usually publicly available.

      Now if some loser adds some closed source code into an open source code base without permission, it should be treated as a bug and fixed. I think that Red Hat is absolutely doing the right thing here. There's only going to be bits and pieces here and there I would guess... they'll squash them like bugs if they show up.

      Now SCO thinks they can sue end users for infringement of their copyright for using Linux. From what I've read on Groklaw they aren't going to have much luck with those cases. Hence the fact that there aren't any such cases yet. Just the IBM suit which is about breach of contract, not copyright.

    2. Re:Issues about exposure to code? by Anonymous Coward · · Score: 0

      DNRA???? Do Not Read Article???? Always bitching about RTFA and now THIS?????

    3. Re:Issues about exposure to code? by Anonymous Coward · · Score: 0

      I don't think I was very clear in my description, unfortunately. I guess I was trying to say you can't develop code for closed and open source projects simultaneously here. Not that there's a risk of you stealing someone else's code, but there's the difficulty in coming up with two different solutions to the same problem -- all in effort to avoid inadvertently publishing closed source algorithms with a GPL license. Particularly when the company owns every product and algorithm you create or develop while under their employ.

      While it is easy to see once its been published, I know you know that changing the source code in a patch is not going to "unpublish" the code that should not have been leaked. Imagine IBM releasing an open source IDE for java servlets and then trying to retract some proprietary code. Yuck. IBM does toe the line in a big way, releasing code, but they have to be careful about who works on what.

      Really, my whole rant was more exploratory than anything. SCO *will* be handled.

    4. Re:Issues about exposure to code? by bluGill · · Score: 2, Insightful

      Where do you get programers then? I assume that you wouldn't hire me because I've worked for a different company before, and I might recreate something that the previous company did. Seriously, this boggles my mind, I've had access to source code from 2 different companies, plus a bunch of code [mostly trivial but not all] in school. I could accidentally be coping some of that code into your products.

    5. Re:Issues about exposure to code? by sleazyrider · · Score: 1

      I suggest code medication to stop the spread to uninfected software. Gehsunheit!

    6. Re:Issues about exposure to code? by Anonymous Coward · · Score: 0

      I could accidentally be coping some of that code into your products

      And don't you think that there's even the slightest risk in having developers who have been developing a $30,000 database package for 20 years suddenly start working on a watered-down "first one's free" open source database? You don't worry about the developer who's been doing closed source development for 2 decades not clearly understanding what can and cannot be copied back and forth between the two classes of software?

      We have to read extensive guidelines on how to act when even being in the presence of GPL'ed source code. What happens if this developer sees a great algorithm in GPL'ed software that he wants to add to this $30,000 package? How much of the package acquires the GPL license? The file that he modified? The entire resulting binary? If you could, would you be willing to eliminate these processes designed to protect a multi-million dollar income stream that took decades to develop because it boggles your mind? Would you then be willing to take a company like IBM down the road of being labeled a GPL-violator because someone ran the strings command on a binary and found some GPL'ed code was inadvertently copied into a corporate stalwart like DB2? That's gutsy, wild ass, fly-by-the-seat-of-your-pants behavior, dude. But of course, since you're posting here, you will most likely never have to make that decision.

      Now do you see why I apologized about my first comment not being clear enough? I don't develop code at IBM, nor do I make contributions to Open Source software, but I have read the company's policies regarding developer behavior WRT viewing open source software while developing a closed source product. Getting back on topic, I don't know how RedHat can promise to write new, untainted code to replace code found to be infringing on copyrights without ensuring that the developers writing the new code have never seen the infringing code. Think you can get a job at RedHat after certifying that you have never downloaded, read, or otherwise accessed a 2.4 or up kernel? Perhaps their special "clean up crews" need to certify that they have never reviewed any of the infringing code. I'm not there, so I don't know how thorough their policy is. Which is really the point of all this: "I don't know how they could safely do it."

  10. The least they could do. by osewa77 · · Score: 4, Interesting

    Being that this is literally the least they could do, this situation is an example of what it means to maximize profits by minimizing costs :-)

  11. This is a better solution than the others by MajorDick · · Score: 5, Interesting

    IMHO, this is a MUCH better solution, while I dislike SCO and their tactics, there MAY be some validity to their point , afterall look at how many contributions have been made, its happened before in opensource where someone included copyrighted code (yes I know what they have thus far claimed cant be verified) BUT what happens if it does ?

    Remove the code ! I trust RedHat to replace the code quickly and effectivley, RH has made tons of contributions to linux. The others offer to absolve financial IF there is infringing code, RH says hey dont worry well replace the code so those infringments dont apply.

    I like this solution much better being a RedHat customer.

    1. Re:This is a better solution than the others by gilrain · · Score: 1

      Actually, this "sollution" is so obvious that it is implied the others are using it in addition to their more generous and honorable indemnification offers.

      Think about it for a second. If SCO wins, then the companies distributing Linux are legally obligated to change the offending code. Duh.

      Red Hat to customers: we'll do what the law requires to help you out!

    2. Re:This is a better solution than the others by gilrain · · Score: 0, Offtopic

      Uh, I mispelled solution and then put it in quotes. So much for my journalistic integrity. :(

    3. Re:This is a better solution than the others by Mr.+Slippery · · Score: 1
      If SCO wins, then the companies distributing Linux are legally obligated to change the offending code.

      No, they're not. In such a (purely hypothetical and unlikely) case, they'd be obligated only to cease distributing the offending code. They could all sit around and wait for someone else to create a replacement.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    4. Re:This is a better solution than the others by whittrash · · Score: 2, Interesting

      This move also has one SIGNIFICANT advantage. Anyone can still modify the code after it comes from Redhat and still be under warranty for the specific product supplied by Redhat (although I imagine the new code wouldn't be under warranty). They can be assured that the base they are working on is rock solid. To me that is more useful than having to check with your distributor every time you wanted to change something. It also doesn't lock a person in to an expensive service agreement. It is a more flexible solution than indemnification and preserves open source values better. In short, for people who just want to buy a reliable Linux distribution without being bothered by unnecessary services, this is an easy way to get a reliable product. This is a better solution than indemnification for most small/midsize users and an equivalent value for large businesses.

      This warranty also says something about the quality of RedHats work. They are willing to stand up for the code they put out. Indemnification only means they will have lawyers back you up and you won't pay any penalties in court, not necessarily that the code is free of IP defects which could be more damaging if chunks of code need to be re-written while you are trying to run a business. A warranty also puts some implied liability with RedHat, as they are to blame if any dirty code is distributed, thus indirectly shielding end users in a way that is similar to indemnification. This is a much more elegant solution than indemnification.

  12. All good and well, but... by Zigg · · Score: 3, Insightful

    It seems to me that SCO's pathetic case is shifting away from copyright and into ideas. If a ruling comes down saying that, for example, nobody but SCO can use the methods involved in a critical feature of RHE, what happens then?

    1. Re:All good and well, but... by JoeBuck · · Score: 1

      Only patents protect ideas. SCO has made no patent claims, because they have no relevant patents. Therefore no court will rule as you suggest.

    2. Re:All good and well, but... by eamacnaghten · · Score: 1

      If a ruling comes down saying that, for example, nobody but SCO can use the methods involved in a critical feature of RHE, what happens then?

      A judge cannot do this based on copyrights and trade secrets, you need to have a patent, which SCO does not have.

      --

      Web Sig: Eddy Currents

  13. Management by the_mad_poster · · Score: 2, Insightful

    ...something I think we would assume they would do in any case.

    Managers and lawyers don't care about the facts unless those facts are in writing.

    Of course they'd fix it going forward, but it gives manadrones and legal eagles a warm, fuzzy feeling to see documents that actually say that.

    --
    Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
  14. Don't worry too much about how it will work by rm007 · · Score: 3, Insightful

    This is, after all, first and foremost a bit of marketing. Red Hat is trying to get the message out to customers and would-be customers that the whole SCO thing does not create uncertainty or risk over the purchase or use of their product.

    --


    I've finally got around to changing my sig
  15. Redhat and it's Path by zippo01 · · Score: 0, Flamebait

    I have lost all respect for RedHat. I can see it being the next SCO/windows. It's only purpose now is to sell a product they pay nothing for. With it's ever changeing style and ever growing bloatness. Makes me as a linux user sick. "UH HO i used redhat once i might be a target"

    1. Re:Redhat and it's Path by Anonymous Coward · · Score: 0

      Ummm... ever seen the millions of dollars of research & development that redhat puts into open source. The coders it employs that puts open source stuff out? - I didn't think so - take the damn blinders off.

    2. Re:Redhat and it's Path by PK-Fire · · Score: 1

      So what would you have Red Hat do if you were in charge?

  16. Not indemnifying... by bc90021 · · Score: 1

    ...because RedHat doesn't have the cash in the bank for that, unlike Novell and IBM.

  17. God... by Anonymous Coward · · Score: 0

    ...now they disguise SCO stories as RedHat stories... MONTHS after we wanted sco.slashdot.org...

    Will they never stop spreading their FUD?

    Will we see SCO stories after SCO died? I think so... what would slashdot be without SCO...

  18. A business manuever by JSkills · · Score: 3, Insightful
    Red Hat is addressing SCO's flailing attempts to scare people (and suck money) with about as much effort as is deserved for such an obviously groundless lawsuit - by providing some lip service agreement to their customers that they'll bear the brunt if the customer is ever sued.

    To echo some earlier posters, yes it is legally useless, but my guess is that they feel they can offer it since they'll know they'll never need to follow through. As in ... "Sure, if God ever showed up on earth to judge you, I'd take the blame for your sins.".

    1. Re:A business manuever by Darken_Everseek · · Score: 1

      Lets be fair here; God has a -far- better chance of coming down for judgement than SCO does of proving invfringement ;)

  19. is this possible? by mcmonkey · · Score: 4, Interesting
    The warranty ensures, that in the event that an infringement issue is identified in Red Hat Enterprise Linux software code, Red Hat will replace the infringing code. Red Hat's warranty assures customers that they can use Red Hat Enterprise Linux and related solutions without interruption.

    How can this be possible? If there is a case where Red Hat software contains infringing code, and Red Hat cannot come to an agreement with the code's owner on continuing use, Red Hat is prepared to replace the infringing code immediately? I presume use without interruption means support without interruption.

    If Red Hat has a complete code base in wings so that any arbitrary bits of code found to be infringing can be replaced, and Red Hat is more sure of its legal standing on the replacement code (since it is meant to be used in event an existing infringement is found), why not just release that code?

    1. Re:is this possible? by Malcontent · · Score: 1

      It's safe to say that any infirnging code will be expunged in a manner of hours. Redhat pushes out a new iso within a week and everything is hunky dory.

      --

      War is necrophilia.

  20. Replace the code? by pe1chl · · Score: 2, Interesting

    The warranty ensures, that in the event that an infringement issue is identified in Red Hat Enterprise Linux software code, Red Hat will replace the infringing code.

    What use is that? When the SCO case really holds up, the issue is not to replace the code but to pay them their royalties. Those payments is what should be guaranteed, not the replacement of the code. Such a replacement will be just as free as the original code.

    1. Re:Replace the code? by bro1 · · Score: 1, Informative
      What use is that? When the SCO case really holds up, the issue is not to replace the code but to pay them their royalties.

      Why would a 3rd party have to pay? If there were an infriging code in Linux kernel this would just mean that:

      1. IBM or whoever inserted the code would have to deal with SCO
      2. Infriging code would have to be removed from Linux kernel and replaced with new one
      3. A company which does not upgrade to the new untainted version of Linux would have to pay royalties
  21. Open Source Assurance Program by T3kno · · Score: 2, Funny

    Funny, I thought that was RedHat swearing that they only use and provide open source software. Oh wait, that's not true either.

    --
    (B) + (D) + (B) + (D) = (K) + (&)
  22. The Question to ask is this... by Psychic+Burrito · · Score: 0, Offtopic

    doesn't the fact that the big businesses protecting Linux now means that when Linus decided against a traditional GNU licence and allowed businesses to make money with his work he has done the right thing and *that the GNU licence as it stands right now will always have some legal existence problems*?

    1. Re:The Question to ask is this... by __past__ · · Score: 1

      Huh? Linux is released under a license which is nearly identical to the GPL, with slight modifications to allow binary drivers to be linked with it. Those haven't much to do with this issue. However, nice troll otherwise.

    2. Re:The Question to ask is this... by Anonymous Coward · · Score: 0

      The GNU GPL (licence) DOES allow businesses to make money by selling the software. No issue.

  23. Red Hat Transmits the Community Offer ... by leoaugust · · Score: 4, Insightful

    The Linux Community has already offered to rip out the infringing code and replace it once it is identified. Red Hat has understood that the community is going to live to its word and has formalized this into an offer of "Intellectual Property Warrant." This formal offer on behalf of the community may be more acceptable to the business folks rather than the diffuse commitments of the Linux Community. I think that's all there is to it.

    --
    To see a world in a grain of sand, and then to step back and see the beach where the sand lies ...
    1. Re:Red Hat Transmits the Community Offer ... by jgoemat · · Score: 1
      Exactly... This is the first time I heard about a linux distributor promissing to take out the offending code. Now when SCO claims the only possible remedy is that end users should pay a huge licensing fee, RedHat can point to this and say they have another way to deal with the problem.

      The distributors or the ones that claimed copyright on SCO code are the ones that should be getting sued or charged licensing fees, not the end users. If you buy a book which has part of it illegally copied from another book, you would never have to pay the original author of that part. The people that copied the offending sections and the people or companies that published the book would be the ones that should could be sued. Patents might be a different matter, but Copyrights are all about COPYing and publishing, not use.

  24. SCO's flawed strategy by Crayola · · Score: 4, Insightful
    This isn't just a matter of Red Hat "doing what they should" in case of copyright infringement -- they're offering to be the ones to fix copyright violations in Linux even if they were never the ones who copied the code. This clears up the whole "who'll fix it?" issue for corporate customers. (Of course, every Linux developer under the sun has offered to do the same, but this is a legal deal that CIOs can sink their teeth into).


    The problem SCO is facing is this: they want to sell Linux "licenses" because their intellectual property is supposedly in there. And let's be clear -- it's not patent, trade secret, or trademark IP but copyright IP. But as soon as they say "we own this", the code can get yanked within days or weeks and re-written. So the licenses are worthless, which is why they're being so coy about pointing to the code (aside from silly claims on the ABI headers)


    Of couse, they're suing IBM, alleging contract violations for letting their Super Special (and mysteriously Secret) stuff into Linux and claiming AIX, etc is a derivative of UNIX system V. And maybe there is a thin legal thread that might encumber AIX.


    But who signed that contract on behalf of Linux? No one. Linux might have a few lines of copied code, but with no contract with SCO, there's no legal reason SCO gets to "own" Linux by calling it a derivative -- you'd need a contract for that.


    So even if they're right, they're hosed. And I have my doubts about how right they are.

  25. Peace of mind for the customer by aquabat · · Score: 5, Insightful
    If we assume SCO somehow convinces a judge that they own something in Linux, then the most they can do to an end user is demand that the user either sign a contract that allows them to continue using that part of Linux, or stop using that part of Linux.

    RedHat is saying to its customers "You can keep using our product without worry: We'll be right over to replace any part of your RedHat Linux solution which SCO can convince a judge they own."

    RedHat has it right. They know SCO can't sue an end user for breach of contract if SCO doesn't have a contract with the end user.

    --
    A republic cannot succeed till it contains a certain body of men imbued with the principles of justice and honour.
    1. Re:Peace of mind for the customer by DeepRedux · · Score: 1
      If SCO can show they own part of Linux, they can also get damages for the use of their code. Even if the offending code is replaced at once, they can still be awarded damages based on past usage.

      Copyrights are subject to "strict liablility", which means that damages can be awarded even if the infringer did not know they were infringing.

    2. Re:Peace of mind for the customer by Compenguin · · Score: 1

      But in this case wouldn't the infringer be RedHat and not the Linux user? Bowie/Queen went after Vanilla Ice not all the idiot kids who bought the CD.

      And even if the users are the infringers, then if it is shown that the code transfer went the other way, that is SCO lifted code from Linux, does that mean the FSF/Linus can sue SCO users?

    3. Re:Peace of mind for the customer by DeepRedux · · Score: 1
      Anyone who made a copy of the infringing code is liable. Copying from a CDROM to the hard drive is enough to be liable. If the infringing code was in RadHat's distribution then RedHat would also be liable.

      If a book is found to contain copyright violations, the purchaser of the book has no liability since they are not making a copy. Since playing a music CD requires copying the data into the CD player's memory their might be a liability there.

      If SCO copied code from Linux then whoever owns the copyright to the code could sue SCO. FSF/Linus could sue only if they wrote the code or the copyright was signed over to them. Submitting code to a project is not the same as signing over a copyright.

    4. Re:Peace of mind for the customer by Malcontent · · Score: 1

      "Copying from a CDROM to the hard drive is enough to be liable."

      Where did you get this goofy idea from?

      First of all people can't be liable for past infringements. SCO has a duty to minimize damages by publicly stating what the infringement is, showing definitive proof that they own the copyright, and by giving the infringer a reasonable time to stop the infringement.

      Until SCO does all of the above nobody has anything to worry about.

      --

      War is necrophilia.

    5. Re:Peace of mind for the customer by DeepRedux · · Score: 1
      Making a a copy is a violation if the copy is "fixed in tangible medium." Is a disk copy "fixed"? In MAI v. Peak the the Ninth Circuit held that copying to RAM is fixed enough:
      The law also supports the conclusion that Peak's loading of copyrighted software into RAM creates a "copy" of that software in violation of the Copyright Act.
      Clearly disk if RAM is a fixed media then disk is a fixed media.
    6. Re:Peace of mind for the customer by Malcontent · · Score: 1

      " Making a a copy is a violation if the copy is "fixed in tangible medium." Is a disk copy "fixed"? In MAI v. Peak the the Ninth Circuit held that copying to RAM is fixed enough:"

      That's a complete misreading of the case. It has nothing to do with what is happening here. I also think that any half decent lawyer could tell the difference between copying some software and installing some software.

      --

      War is necrophilia.

  26. Stock by savagedome · · Score: 4, Interesting

    Even though SCO's stock has had one hell of a run, and (overwhelming) majority of us believe that their campaign is a fluff, nasdaq's risk analysis tools rates it almost alongside Redhat's stock.

    SCOX grade is at 369 and RHAT is at 356.
    For reference, Nasdaq is 86 and S&P500 is 52
    Higher the number, greater the risk.

    SCOX Risk
    RHAT Risk
    So, either these analysts are smoking crack or maybe I am just a dumbass when it comes to stocks. The later is a likely possibility!

    1. Re:Stock by Thrymm · · Score: 1

      Probably smoking crack. How many of these "analysts" know anything about linux, or the flavors, or really this SCO vs. the World thing? I would bet not too many.

    2. Re:Stock by duffbeer703 · · Score: 1

      Free advice, especially from salesmen, is worth every penny you paid for it.

      Enron and Webvan were once carried man "strong buy" rating.

      --
      Conformity is the jailer of freedom and enemy of growth. -JFK
    3. Re:Stock by elhondo · · Score: 1

      I think it may be that the analyst's risk model doesn't take the lawsuit into account. It's going on historical sales, and basing it's guess on how other companies in the sector have performed. But what I don't get is the price. The p/e is 45, there's negative earnings forecast, and no fundamentals at all. The only speculation is the lawsuit. But if everybody bought the stock because of the lawsuit, haven't they been paying attention to the recent news? Why haven't more people sold - heck, the stock even went up today, on no news at all.

    4. Re:Stock by inode_buddha · · Score: 1
      Weird tinfoil hat idea:
      DISCLAIMER: OK I'm no finance expert

      I bet RH is thinking the same thing you are after looking at the risks... which is *why* they're doing this. Sort of a "trigger point" in the "finance code" sets off a certain behavior designed for robustness.
      Just thinking... 'course, I could be a dumbass too.

      --
      C|N>K
    5. Re:Stock by gvibes · · Score: 1, Insightful

      I could be wrong, but my guess is that this isn't an analyst's measure of risk, but rather a mathematical measure based on past volatility (related to Beta, for you finance people who know more than me out there).

  27. Then we all move to Elbonia? by OmniGeek · · Score: 1

    I grant that this is a valid "What if?" question, but the probability that the ruling will ultimately go their way is so remote it'll take the Hubble Space Telescope to read the first nonzero digit after the decimal point. Their case is really that bad.

    --

    "My strength is as the strength of ten men, for I am wired to the eyeballs on espresso."
  28. So what if by Anonymous Coward · · Score: 0

    What if all the commercial linux componay have their assurance programs?

    Does this means that anyone who uses Linux by downloading or compile the code would be vulnerable or risking to be sued by SCO?

    Would this means that more people are going to use commercial instead of the free code/binary?

    Would that implies that the linux distributions (such as Redhat/Suse/Mandrake/IBM, etc..) start to reallize that SCO is actually helping them right now? So, they will work behind the scence to aloow the litigation stretch on forever, so users will fear and buy commercial support?

    What if the world is turned upside down?

    Oh, I am sitting upside down right now?

    Oh, it's just my mind. ...or my eyes?

  29. SCO is dying by Anonymous Coward · · Score: 0, Redundant

    It is official; The Register confirms: SCO is dying

    One more crippling bombshell hit the already beleaguered SCO community when The Register confirmed that SCO market share has dropped yet again, now down to less than a fraction of 1 percent of all servers. Coming on the heels of a recent The Register survey which plainly states that SCO has lost more market share, this news serves to reinforce what we've known all along. SCO is collapsing in complete disarray, as fittingly exemplified by failing dead last in the recent Sys Admin comprehensive networking test.

    You don't need to be a Kreskin to predict SCO's future. The hand writing is on the wall: SCO faces a bleak future. In fact there won't be any future at all for SCO because SCO is dying. Things are looking very bad for SCO. As many of us are already aware, SCO continues to lose market share. Red ink flows like a river of blood.

    OpenLinux is the most endangered of them all, having lost 93% of its core developers. The sudden and unpleasant departures of long time SCO developers Jordan Hubbard and Mike Smith only serve to underscore the point more clearly. There can no longer be any doubt: SCO is dying.

    Let's keep to the facts and look at the numbers.

    SCO leader Darl McBride states that there are 7000 users of OpenUnix. How many users of SCOSource are there? Let's see. The number of OpenUnix versus SCOSource posts on Usenet is roughly in ratio of 5 to 1. Therefore there are about 7000/5 = 1400 SCOSource users. SCO/OS posts on Usenet are about half of the volume of SCOSource posts. Therefore there are about 700 users of SCO/OS. A recent article put OpenLinux at about 80 percent of the SCO market. Therefore there are (7000+1400+700)*4 = 36400 OpenLinux users. This is consistent with the number of OpenLinux Usenet posts.

    Due to the troubles of Walnut Creek, abysmal sales and so on, OpenLinux went out of business and was taken over by Caldera who sell another troubled OS. Now Caldera is also dead, its corpse turned over to yet another charnel house.

    All major surveys show that SCO has steadily declined in market share. SCO is very sick and its long term survival prospects are very dim. If SCO is to survive at all it will be among OS dilettante dabblers. SCO continues to decay. Nothing short of a miracle could save it at this point in time. For all practical purposes, SCO is dead.

    Fact: SCO is dying

  30. Yes? by bstadil · · Score: 2, Interesting
    First if there is infringing code it is RH or rather first the person that submitted the code that bears the responsability.

    In the case you mention the court will normally allow a period to remove the infringing code, so as not to impose unneccerary hardship on innocent victims.

    In addition the Copyright owner has a duty to mitigate damages, in case they want to be awarded Damages by the court. The latter by the way the latter is why SCO will never get anything from the Linux community in case hell freezes over and some code beloning to them is in Linux.

    --
    Help fight continental drift.
    1. Re:Yes? by VisorGuy · · Score: 1
      In addition the Copyright owner has a duty to mitigate damages, in case they want to be awarded Damages by the court.

      Yep, they have instead done everything to maximize damages, but this will backfire in court.

      IANAL

      --
      This user account is inactive account replaced by the PDA
  31. RH has always been careful about IP by ivanmarsh · · Score: 5, Insightful

    That's why they removed fortune cookie and mp3 support from their distro.

  32. What else can go wrong with that statement... by LoganTeamX · · Score: 1

    What else do you want them to say? "We verfied our baseline code against the vapourware provided by the SCO, have decided that the whole OS is built upon a house of SCO cards, and we're discarding Red Hat entirely..." What's the next OS going to be called then? Yellow Touque?

    --
    One of the 187.
  33. What is actually happening by Casca · · Score: 1

    You know what I think is actually going on with SCO? I think the lawfirms that work for some of the big companies that are being sued approached SCO in the first place. They offered SCO $50k to bring a suit against IBM, NOVELL, whoever, full well knowing that their client would require their services which could be billed into the millions.

    --
    Casca
  34. Doesn't make me feel as good as it should by Nom+du+Keyboard · · Score: 1
    in the event that an infringement issue is identified in Red Hat Enterprise Linux software code, Red Hat will replace the infringing code.

    The fact that code tested and running for months or years will be suddenly patched with new, rushed, quickly tested code somehow doesn't make me feel as good as this as it really should.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  35. I wish they could assure me.... by Anonymous Coward · · Score: 0

    ...that they'll still be supporting the software I buy today in a year or two. (Bah, three RH 8.0 servers and a 7.3 server.) Luckily I didn't put it on anything important.

  36. Re:RedHat QNX by Caeda · · Score: 1

    What're you missing? Lets see. First of all the fact that you've tried 1 distro and think that its "Linux" causing the problem and not maybe all the bloated crap you installed with the distro? Perhaps the fact that you can compile from scratch every single part of the os you'd ever use if you really wanted a speed improvement? Maybe the fact that imbedded devices dont normally run KDE, Gnome, or the X-Windowing system just to show someone a heartbeat monitor! Only thing your really missing is a brain. Why don't you go find one now.

    --
    ~~ Please keep your arms, legs, and outright stupidity inside the ride at all times. Thank You ~~
  37. Do you work at SCO by any chance? by MarkusQ · · Score: 2, Insightful

    Here at work, once you get exposed to open source code, you can never go back to dealing with internal code merely due to the risks that algorithms you develop internally may accidentally be recreated in open source work.

    Sorry, that just seems basakwards. There is no problem with "recreating algorithms" from open source software, since it is protected by copyrights, not by patents. Some licences (e.g. BSD) will even let you copy source code as long as you give credit where credit is due.

    I'd say you or your company have either fallen for FUD or are trying to spread some.

    -- MarkusQ

    1. Re:Do you work at SCO by any chance? by Anonymous Coward · · Score: 1, Interesting

      My description was not very clear. I was trying to describe how my employers works hard to separate developers working on closed source commercial products from those making contributions to the open source community. This is to avoid accidentally publishing proprietary algorithms that the company did not want released with a particularly generous license. You have to be careful about who's working on what, and what kinds of algorithms each person needs to develop for each class of software.

    2. Re:Do you work at SCO by any chance? by ajs · · Score: 1

      His clarification was a good one, and I think it addresses your points. However, I do want to point out one innacuracy in what you've said:

      "Some licences (e.g. BSD) will even let you copy source code as long as you give credit where credit is due."

      You need to either remove the parenthetical there or qualify it. The BSD license has not had such a restriction for years now.

    3. Re:Do you work at SCO by any chance? by MarkusQ · · Score: 1

      You need to either remove the parenthetical there or qualify it. The BSD license has not had such a restriction for years now.

      My bad. How about "(e.g., BSD from my fuzzy recollection of what it said the last time I actually read it)"?

      -- MarkusQ

  38. Bad example by roystgnr · · Score: 2, Interesting

    The thread scheduling code has been rewritten, repeatedly IIRC. I suspect if there were any problems there, Red Hat would just revert to a previous scheduler, and take any performance hit in exchange for the security of using an already-tested chunk of code.

    If you look at the examples SCO has actually brought up as "copyright infringement", things get even better. Linux's SGI malloc had already been deleted for technical reasons by the time they pointed it out, Linux's BSD packet filter was an original reimplementation of code that wasn't SCO's to begin with, and Linux's ABI code, if it turns out to be copyrightable and copied (Linus says no) at all, could be mostly replaced by randomizing a list of numbers and recompiling everything.

    SCO's big claim is that IBM-written code is somehow a SCO trade secret because it was once linked to System V, but even if they were to win that it would just mean a fine for IBM, not any sort of problem for those users of the code who don't have any contracts with SCO.

  39. Re:RedHat QNX by Woody77 · · Score: 3, Informative

    Realtime doesn't mean fast. It means deterministic. It means that you can determine, that without a doubt, that A will happen within X amount of time after B.

    The (few) deterministic systems that I've seen have all been slower than their non-deterministic counterparts. Things have to managed very differently.

  40. bu7 50 s41d.... by Deraj+DeZine · · Score: 0

    I'm not sure if this is normal, but I thought the weapon commonly referred to as a derringer held 2 shots. In "Gun Traffic," a song about a gun dealer and some naive fool trying to buy some protection from his beef, 50 Cent says, and I quote,

    I got one more piece to show you, my derringer, I keep it in the small of my back, it's a two shot, it's chrome, my initials engraved in it...

    His other references to capacities in the song are accurate (ruger=16, glock=21, calico=100), so I see no other reason to think he would be wrong.

    Other highly educational songs:

    • Gun Traffic by 50 Cent
    • Guns for Sale by 50 Cent
    • Gun Talk (off of a DJ Green Lantern's Best of In the Lab v. 1) by Shine, BIG, Cam'ron
    --
    True story.
  41. Umm didn't they already give? by Performer+Guy · · Score: 2, Interesting

    Red Hat contributed to the OSDL defense fund, so that means they're already putting their money where their mouth is and better yet doing it with everyone else in a way which covers us all, not just licensees of RH Enterprise. Anyone know what the fund is up to now?

  42. You are just sore because Liberman lost... by Anonymous Coward · · Score: 0

    You just found out that Liberman was a war-loving Republican, and worse, that you are too.

  43. Don't Understand Why Redhat Offers This by Goo.cc · · Score: 3, Interesting

    If Redhat sells me software that is found to infringe on SCO's copyrights, then that is a problem between Redhat and SCO. As the end user, I am not the infringer.

    You don't see Eolas suing Microsoft users over their patent lawsuit. You don't see CD buyers being sued for buying a rap CD that has been found to have used sampled music without permission.

    The "Open Source Assurance Program" is just PR.

    1. Re:Don't Understand Why Redhat Offers This by Anonymous Coward · · Score: 0

      You don't see Eolas suing Microsoft users over their patent lawsuit. You don't see CD buyers being sued for buying a rap CD that has been found to have used sampled music without permission.
      Sssh! Don't give them any ideas.

  44. I just don't get it..... by Anonymous Coward · · Score: 3, Interesting

    I've been following this SCO trash since day 1.

    I seriously do not understand... How, exactly, is it that SCO can charge a licensing fee for IP they have not proven belongs to them?

    Is there NO protection for consumers?

    This isn't just a case of SCO commiting liable, fraud, stock fraud, etc.... but this is also SCO blatently stealing from consumers.

    This means, one day, someone like Microsoft could just barge in and say Linux code had stolen MS code in it - force companies to pay under the threat of a massive legal dispute - something 99% of the companies in this country would be defenseless against and would be forced to pay - much like what SCO is doing right now.

    Where is our "Big Brother," you know - the one who will stick you in jail for 20 years for simply posessing the knowledge and the means to decrypt a satellite signal. (Ohh, how we love the DMCA.)

    At what point are we going to have another postal situation, where some geek is going to go insane from being such a minority that said geek(s) will simply wreck havoc on government systems and end up a martyr.

    God knows, I'm just about to the point where if an SCO rep knocks on my door - you can gurantee Mr. Smith and Mr. Wesson will give them .357 reasons to GTFO and STFU real quick.

    This is unreal. I'm half American Indian - but I've never really felt like a minority because I suppose I 'appear' white. Now I really think I'm beginning to understand what Black people complain of. Look at what is happening to the OS community, we're the minority. WE'RE the Black people of technology.

    Something needs to change. We need some political action, the average person needs to be aware of what is happening with technology. Linux is without question the only real potential OS to replace MS Windows. MS knows that, SCO [Obviously] knows that, but the average person just has no clue.

    Being that Linux is unquestionably on the brink of becoming the replacement desktop - you would think this should be newsworthy and of great public interest.....

    *sigh*

  45. would get damages from the offender,not end user by GodWasAnAlien · · Score: 3, Insightful

    The company or person who put the [currently vapor] code there may be held liable. But not the end user who has been assured that the code is open source.

    If someone contributed a short story to the NYT, and the NYT times printed it, a reader of the paper would certainly not owe royalties if the copyright turned out to be bogus.

  46. I like this... by abertoll · · Score: 1

    If I'm right, this essentially has the effect of making RH the responsible party, therefore giving any of their customers who do not modify source at least a way to get their money back (sue RH, worst case) if they have to shell out any to SCO.

    Right?

    --
    "he drew his sword Ringil that glittered like ice... and he wounded Morgoth with seven wounds..."
  47. Re:RedHat QNX by Anonymous Coward · · Score: 0

    "Linux" causing the problem and not maybe all the bloated crap you installed with the distro?

    Since I didn't install much aside from a typical utility set and a windowing system, yes. The kernel doesn't change from distro to distro, nor does KDR or GNOME or what have you. Distros differ by what they include, but the compenents themselves stay the same.

    Perhaps the fact that you can compile from scratch every single part of the os you'd ever use if you really wanted a speed improvement?

    Unlike most of the screaming world of 15 year olds that Linux is, I have better things to do with my time like actually using my system. A workstation should spend cycles doing work, not metawork.

    Maybe the fact that imbedded devices dont normally run KDE, Gnome, or the X-Windowing system just to show someone a heartbeat monitor!

    QNX doesn't run these either, it runs its own GUI called Photon, thank you very much. Please try again. It's custom-built for QNX and isn't a slowdown at all. It runs in 43k of RAM. Try that with your beloved bloated windowing systems like KDE or GNOME.

    Only thing your really missing is a brain. Why don't you go find one now.

    Ad hominem attacks almost always mean that you've lost the argument or are about to lose any serious consideration to your argument. In this case, however, I think it means that you never had an argument to begin with. Thanks for playing, though.

  48. Red Hat quickly gaining ground with MS tactics. by Saeed+al-Sahaf · · Score: 2, Interesting
    I've often said that companies like Microsoft have no obligation to support obsolete software like Win95 and 98, both of which are quite old. But RedHat has done basically the same thing, with much more recent software (and about one tenth of the blathering out cry from folks around here). And so, this statement bothers me: The warranty ensures, that in the event that an infringement issue is identified in Red Hat Enterprise Linux software code, Red Hat will replace the infringing code.

    So, even though a year or so ago, I went to Office Depot and bought RH8 Pro in a box, after only a year since this professionally packaged OS graced the shelves of a major retailer, RH not only does not support it anymore (where are the cries from ./ers that gave Microsoft all the heat with the 95 / 98 support death?), but we are not included in this warranty either

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    1. Re:Red Hat quickly gaining ground with MS tactics. by Anonymous Coward · · Score: 0

      I stopped using RedHat because of the product end of life. I dont mind paying for software but i do think that it is reasonable to expect at least 24 months of updates or subscribe to receive those updates. I recently was considering going RH enterprise for work here but after reading the RH terms and conditions decided that RedHat has lost the plot. If i wanted to be treated badly i would be a MS customer!

    2. Re:Red Hat quickly gaining ground with MS tactics. by Saeed+al-Sahaf · · Score: 1

      In my opinion, RedHat has lost the way, and wondered into the Microsoft model. If I had RH stock, I'd dump it because they are nolonger "inovators". Let them take a place next to Microsoft and Sun.

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    3. Re:Red Hat quickly gaining ground with MS tactics. by Rykky · · Score: 1

      There is a big difference here. Red Hat does NOT force you to buy an upgrade. If you are so inclined, you can buy their AS/WS/ES line or upgrade your RH8 box to Fedora totally free of charge, with no strings attached.

  49. Re:RedHat QNX by Anonymous Coward · · Score: 0

    But on a 1 GHz system and a gig of RAM? Come on. Anything should be faster than Windows on a system like that.

  50. Why doesn't anyone mention ... by ricochet81 · · Score: 0

    Sun was one of the first to Idemnify Linux users, I remember their periodical presentation fall of last year the CEO saying that. Why does everyone point at HP first? I think it was Sun's idea... no?

    --
    Error: Id10t detected
  51. SCO's tactics aren't really working anyway.... by dacarr · · Score: 1
    Spoke with a local purveyor of Linux systems recently. One thing that was pointed out on my questioning is that the only way SCO's tactics are affecting them is that they removed UnixWare from their list of options, and that some of the "fence sitters" (those who are just considering Linux or other *nix operating systems as an option over Microsoft) are a little hesitant.

    Be that as it may, this is evidently RH calling SCO's bluff and, for all intents, giving them the finger and goatse all at once.

    --
    This sig no verb.
  52. RH Called SCO's Bluff in More Ways Than One by DaveAtFraud · · Score: 1

    One of the principles of inadvertent commercial copyright infringement is that the copyright owner has to identify the infringing matter such that the infringer can takes steps to mitigate the damages. That is, before SCO can collect damages from anyone, they must identify the infringing code, show ownership of the copyright and give the infringer(s) a chance to replace the infringing code. Only if those infringing don't take effective steps to mitigate the infringement after SCO has identified the specific material that infringes can SCO get anything in the way of damages. Until SCO identifies specific code and shows ownership, no one has any liability and then they only have liability for damages if they don't replace the infringing code.

    What Red Hat has basically done with this announcement is probably much more effective than any sort of indemnification. Red Hat has now made an formal public offer to remove any legitimately infringing code from Linux. That is, they are offering to mitigate any damages SCO might have incurred if only SCO would be so kind as to identify with specificity exactly where the infringing code lies and show clear copyright ownership for said code. Red Hat (and everyone else) knows that this isn't going to happen but it completely undercuts any claim SCO may have to damages from copyright infringement.

    Since SCO has not made an actual copyright infringement claim (the 65 files were only given as examples and it is doubtful that the material can be copyrighted since they were almost all header files) and Red Hat has just said they will mitigate the damages from any proven infringement, SCO doesn't get a penny. The Linux copyright infringement lottery ticket isn't going to pay. Maybe SCO will have better luck fighting off the Nazgul of Armonk (also known as IBM's IP legal team)... but I wouldn't bet a wooden nickel on them.

    --
    They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
    Ben
    1. Re:RH Called SCO's Bluff in More Ways Than One by atheken · · Score: 1

      I love these SCO stories. We get to see that all slashdot readers are also lawyers.

  53. Re:RedHat QNX by Woody77 · · Score: 1

    Not if it's context switching continuously, working to make sure that all the deterministic stuff is getting it's slice of time.

    Medical life-support equipment does very simple-minded things, and the people who write it's software can probably write very well-optimized code for the tasks that they need done, that need to be done immediately at time X.

    "gui" performance is utterly irrelevant compared to making sure that everything that's scheduled to run, runs. Gui is fluff, the heart-monitor isn't.

  54. You gots to indemnify by SenorFluffyPants · · Score: 1

    At the very, very least (which this clearly is), this will make my COO feel better when this whole SCO idiocy crosses his radar screen and he asks about our recent move to RedHat. So it serves a very useful function for me, even if it is basically meaningless.

    1. Re:You gots to indemnify by Vexler · · Score: 1

      I would be curious to see what the exact wording of an indemnification is, versus that of what RedHat is actually saying in its coverage.

      What would also be interesting to see is how much of a Program (and by that term I refer to the paragraph immediately following Section 2 of the GPL) would have to be deemed "copyrighted" before RH decides to replace all the parts in the Program. (Compare two scenarios in which one versus three or four pieces of code is found to be "copyrighted".)

  55. SCO lawyers get bored, yet another lawsuit by stox · · Score: 1

    LINDON, Utah, Jan. 20 /PRNewswire-FirstCall/ -- The SCO Group, Inc. (Nasdaq: SCOX - News), the owner of the UNIX(R) operating system and a leading provider of UNIX-based solutions, today filed suit against Novell (Nasdaq: NOVL - News) for its alleged bad faith effort to interfere with SCO's rights with respect to UNIX and UnixWare(R). Among the allegations in the suit:

    * Novell has improperly filed copyright registrations in the United
    States Copyright Office for UNIX technology covered by SCO's
    copyrights.

    * Novell has made false and misleading public claims that it, and not
    SCO, owns the UNIX and UnixWare copyrights.

    * Novell has made false statements with the intent to cause customers
    and potential customers to not do business with SCO.

    * Novell has attempted, in bad faith, to block SCO's ability to enforce
    its copyrights.

    * Novell's false and misleading representations that it owns the UNIX
    and UnixWare copyrights has caused SCO irreparable harm to its
    copyrights, its business, and its reputation.

    The lawsuit, filed in Utah State court, in Salt Lake City, requests preliminary and permanent injunctive relief as well as damages. The injunction would require Novell to assign to SCO all copyrights that Novell has wrongfully registered, prevent Novell from representing any ownership interest in those copyrights, and require Novell to retract or withdraw all representations it has made regarding its purported ownership of those copyrights.

    --
    "To those who are overly cautious, everything is impossible. "
  56. It doesn't look limited to SCO by phr1 · · Score: 2, Insightful
    and therefore looks like it could be very difficult to honor. What happens if some major application turns out to infringe? E.g., suspend disbelief for a moment and imagine that GIMP's code turns out to be 97% ripped off from Photoshop. Red Hat is now going to rewrite it all?

    Also, what about patents? The "Assurance program" isn't limited to copyrights. If some program is found to infringe a patent, there may not be any way to reimplement the functionality without still infringing.

  57. Re:WTF by 77Punker · · Score: 1

    Thanks to KDict applet.
    Webster's Revised Unabridged Dictionary (1913)

    Indemnify
    1. To save harmless; to secure against loss or damage; to insure.
    "The states must at last engage to the merchants here that they will indemnify them from all that shallfall out."
    --Sir W. Temple.

    2. "To make restitution or compensation for, as for that whichis lost; to make whole; to reimburse; to compensate."
    --Beattie.

  58. No, but... by Kjella · · Score: 1

    If Redhat sells me software that is found to infringe on SCO's copyrights, then that is a problem between Redhat and SCO. As the end user, I am not the infringer.

    There are two things to consider here. One, under the GPL Red Hat has granted you rights beyond that one copy - there are also the rights to redistribution and creating derivative works. If Red Hat's licence is void, then so is yours. This means they'll replace any such code. You might not think of this as an end-user issue, but it is. If you don't have a licence you can't make another copy for your new office branch any more than you can copy up your Windows CD.

    The second part is that they presumably can't maintain "tainted" code. Say OpenSSH was tainted, but you continued using it. Then a security bug is discovered. Red Hat can't distribute a fixed version, as it would be a derivate of the tainted code. What does your company do now? Run an unsecure SSH box? This is a guarantee that they *will* fix that problem by delivering a non-tainted update to that box.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  59. Re:Issues about exposure to code? (IANAL) by jhoger · · Score: 1

    On one point: that a company owns the algorithms you may create while in their employ. Not true... they probably own all your code, work product, etc. but algorithms are not protected by copyright. You have to go to the patent system to do that. And what you learn about your art while in someone's employ cannot be taken away from you. You may be enjoined from working in some area for a period of time in exchange for some monetary consideration from a company, but you've got a right to work (the exact definition of which varies from state to state). Now a given company may choose not to hire you to avoid any appearance of impropriety to stave off lawsuits. But you as a programmer usually need not be concerned about that.

    Patents are a different issue, but it doesn't have anything to do with secrets. Patents are specifically not secrets. Just like open source code, it is possible to look at patents and tell whether you are infringing. And even if you are, you might go to court and prevail if there is good prior art. (That said algorithm/business model patents are Evil)

    On unpublishing the code, that is an interesting issue in this whole IBM/SCO thing. My guess is that if it happened the parties responsible for the initial leak of the proprietary code are the only ones responsible, not end users in any reasonable view a court could take. In the worst case, which Red Hat seems to be covering here, is that the end user could be enjoined from using someone's code.

  60. Open source assurance? by Grievre · · Score: 1

    I'd like to see assurance that Red Hat will stay open source. With their recent inclusion of non-OSS licensed software and their not-so-recent attempted sidestepping of the GPL re: support licenses, I'm not so assured.

  61. Re:RedHat QNX by Anonymous Coward · · Score: 0

    Being a developer, and the QNX distribution being a development platform, one would expect the developer's input and requests to be top priority. Maybe QNX should get its priorities straight, or at least have a different scheduling algorithm for the development version.

  62. Re:RedHat QNX by Caeda · · Score: 0

    Really hurts coming from an anonymous coward.. wow. "Since I didn't install much aside from a typical utility set and a windowing system, yes." That's still more than "linux" as linux is only the kernel. And this is what your really missing here.

    --
    ~~ Please keep your arms, legs, and outright stupidity inside the ride at all times. Thank You ~~