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SCO Licenses Now Available
wes33 writes "Now available at the
SCO website, genuine
licenses permitting you to use SCO IP
that is 'necessary for you to run Linux'. And they take VISA.
Looks like they're saying that any code that is
similar to Unix code counts as their
Unix code!?
Actually, the agreement needs analysis.
It looks to me that you're paying for a pig
in a poke, but IANAL. Here's some of the meat:
'"UNIX-based Code'" shall mean any Code or Method that: (i) in its literal or non-literal expression, structure, format, use, functionality or adaptation (ii) is based on, developed in, derived from or is similar to (iii) any Code contained in or Method devised or developed in (iv) UNIX System V or UnixWare(R), or (v) any modification or derivative work based on or licensed under UNIX System V or UnixWare. ...
Provided You pay the applicable license fee and complete the required registration of the COLA, SCO grants You the right to use all, or portions of, the SCO IP only as necessary to use the Operating System on each System for which the appropriate CPUs have been licensed from SCO.'" The linked page says this so-called license applies only to commercial use.
Do they take Monopoly money?
Striking fear in the authors of godawful fanfiction, I am here, appearing in darkness, Tuxedo Jack!
The pricing is $199 for a desktop box, and between $620-$750 per CPU for servers, depending on how many you have. Also, the license says that this is for binaries only (not the source).
Quick, grab a licence while you still can! They're selling like hotcakes.
Even microsoft users should be coughing up !!
I'll buy one, but I'm going to need to borrow their license to print money, first. Photoshop won't let me scan dollar bills anymore...
True story.
Start charging yourself to log in. Congratulations, you're a data processing service bureau. If only you had more than one customer...
I want to know whether SCO will indemnify Linux-users against the possibility that, once the legal wrangling is done, we do not need to pay them license fees for Linux. Will they refund the money? It would be a good public-relations move for them to do this, even if it would amount to an empty promise: If no one needs to pay SCO for Linux, then SCO will be bankrupt PDQ and there won't be any money to refund.
"My girlfriend's got sodium laureth sulfate hair."
What advantages does that bestow on me? Oh, I see, none.
Why am I better off than I would be without an SCO license? Hmm, that's not explained either.
So without it I'll be sued or something? Well, apparently not.
But SCO has legal backing in doing this at least, right? Actually no.
So...anyone want to take bets on how many people actually buy a license? Probably fewer than the number of people who have bought X-10 minicams from those popup windows.
Hmm... lets see. Only $149.00 for annual license for one CPU, eh? What a bargain! BTW, I sell annual leases to vacant lots on the moon, but due to court proceedings I can't show you proof that I actually own the moon at moment...
they dont even "own" unix anyhow..
Groklaw quote:
"This is one of the fundamentally misleading positions SCO has adopted. "UNIX" is not an operating system but rather a brand of operating systems. The brand, "UNIX" is the intellectual property of the Open Group who owns the relevant trademark and certifies systems as being compliant to its UNIX specifications. The Open Group is an international vendor and technology-neutral consortium. IBM is a sponsor of the Open Group while SCO is a member."
"an eye for an eye only makes the whole world blind"
SCO is also sympathetic to the end-user's predicament
in other words, "SCO is also sympathetic to the end-user predicament created by SCO".
I beat my dog every day but I really feel for the poor thing too. Right. Who are they kidding?
"A door is what a dog is perpetually on the wrong side of" - Ogden Nash
How many SCO executivess does it take to screw in a lightbulb?
...and 1 to fumble and drop it.</pathetic attempt at Funny rating>
Five
1 to claim ownship of the IP
1 to file suit against bulb manufacturers
1 to threaten bulb endusers
1 to send off asking how to use a bulb
I note that in the limitation of liability, they disclaim 'misrepresentation'?
---
the pen is mightier than the sword, the sword is mightier than the court, the court is mightier than the pen.
This would almost entice be to buy one of the licences (A much better risk/reward ratio then a share of SCOX). However before I would buy I would have to be ensured that if SCOX went broke that McBrib^des personal retirement account is attachable.
But are they edible?
Okay, what happened to the whole AT&T Memo which clarified that AT&T didn't own or have any claim to derivative works... I've not seen anything in the press about it blowing SCO's case out of the water since it was released on Groklaw...
Their claims are A. Unsubstantiated, and B. Even if they were substantiated they have no claim to the derivative works that IBM contributed.
The fact that they continue to pursue licensing where currently their legal standing has not been established is insane.
I hope IBM, and Redhat intend to countersue the executives and board of SCO, and the Canopy group for the FUD they have been spreading once this case is closed in favor of IBM.
... you buy the license, and then a court decides that SCO's license is not required for the operation of Linux, could you then sue SCO for fraud?
I know a good bit of law, but this is out of my range. It does sound to me that there's a very high chance that (even if their claims are correct) they're accepting money to license something that isn't theirs to license, provided there's just one UNIX System V-like option out there that doesn't include any of their code. Is this not a criminal act, or at the very least an actionable one?
For your security, this post has been encrypted with ROT-13, twice.
> If it turns out that they lose the suit but get
> the license fees from everyone anyways, this could
> open them up to RICO Act suits (triple damages,
> court costs included).
From where I'm sitting, that looks like a pretty good investment.
Anyone know if I can buy options on SCO licences? I don't want to buy them now, but I'm happy to invest some loot now to ensure I get the option to buy them at some later date. Now, where's my court calendar...?
Licensing linux code from SCO invalidates the GPL on the rest of the kernel code. The licenses are not compatible. You will never get hundreds of kernel developers to re-license the code for your use. If you really think you need to buy this, give up. Install FreeBSD.
Ok disregard this post, two seconds after hitting submit I realized that not only am I not a lawyer but also an idiot.
IMPORTANT, READ CAREFULLY ALL TERMS AND CONDITIONS OF THIS lICENSE AGREEMENT ("AGREEMENT") WHICH HAS BEEN PROVIDED TO YOU AND IS INCLUDED WITH THE CERTIFICATE OF LICENSE AUTHENTICITY ("COLA").
Hello, I am the CEO of Coca-Cola, SCO please pay use $699 for use of the word "COLA", thank you.
THE SCO GROUP, INC.
INTELLECTUAL PROPERTY LICENSE
IMPORTANT, READ CAREFULLY ALL TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("AGREEMENT") WHICH HAS BEEN PROVIDED TO YOU AND IS INCLUDED WITH THE CERTIFICATE OF LICENSE AUTHENTICITY ("COLA"). BY EXERCISING YOUR RIGHTS UNDER THIS LICENSE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE RIGHTS GRANTED HEREUNDER IN ANY MANNER.
YOU UNDERSTAND AND AGREE THAT SCO MAKES NO GRANT OF RIGHTS OR WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED WITH RESPECT TO ANY SOFTWARE OTHER THAN THE SCO INTELLECTUAL PROPERTY DEFINED BY THIS AGREEMENT.
This Agreement does not include any rights to access, use, modify or distribute any SCO source code in any form under any licensing arrangement.
DEFINITIONS
"Agreement" is the contract between you ("You") and The SCO Group, Inc. ("SCO"), relating to the rights acquired by You. The Agreement comprises (i) this document, (ii) any amendments agreed by both You and SCO in writing and (iii) any additional terms and conditions included in the COLA. Such additional terms may pertain, without limitation, to the following: term, fees and payment, number of permitted CPUs, registration requirements, restriction on runtime environment and transfer of Your rights.
"Code" shall mean computer programming instructions.
"CPU " shall mean a single physical computer processor.
"Desktop System" means a single user computer workstation controlled by a single instance of the Operating System. It may provide personal productivity applications, web browsers and other client interfaces (e.g., mail, calendering, instant messaging, etc). It may not host services for clients on other systems.
"Method" shall mean the human or machine methodology for, or approach to, design, structure, modification, upgrade, de-bugging, tuning, improvement, or adaptation of Code.
"Object Code" shall mean the Code that results when Source Code is processed by a software compiler and is directly executable by a computer.
"Operating System" shall mean software operating system Code (or Code that substantially performs the functions of an operating system) that is a distribution, rebranding, modification or derivative work of the Linux(R) operating system.
"SCO IP" shall mean the SCO intellectual property included in its UNIX-based Code in Object Code format licensed by SCO under SCO's standard commercial license.
"Software" shall mean the Operating System in Object Code format.
"Source Code" shall mean the human-readable form of the Code and related system documentation, including all comments and any procedural language.
"System" shall mean a computer system, containing the licensed CPUs, controlled by a single instance of the Operating System.
"UNIX-based Code" shall mean any Code or Method that: (i) in its literal or non-literal expression, structure, format, use, functionality or adaptation (ii) is based on, developed in, derived from or is similar to (iii) any Code contained in or Method devised or developed in (iv) UNIX System V or UnixWare(R), or (v) any modification or derivative work based on or licensed under UNIX System V or UnixWare.
"Update" shall mean the updates or revisions in Object Code format of the Software that You may receive. Update shall not include any alteration, modification or derivative work of the Operating System prepared by You.
GRANT OF RIGHTS AND OBLIGATIONS
Provided You comply fully with this Grant of Rights and Obligations, SCO will not consider such use of the SCO IP licensed by You under this Agreement to be in violation of SCO's intellectual property ownership or rights.
SCO grants You and You accept from SCO, the following limited, non-exclusive rights. This Agreement does not grant a right to receive any distribution of software from SCO or any other thir
don't give them money to prolong this, they'll go broke long before Rico comes into effect, so you wouldn't even get your money back.
The boldface shows one option that I picked from their menus:
Therefore, SCO is talking about "any code that in its functionality is similar to any Code contained in UNIX System V".
Is there any software in the world that doesn't have a major component fitting this description?
Darl has but one innovation
Ill conceived litigation
It's a shame he can't find
Work made for his kind
But who'd pay him for masturbation?
Looks like we took their shop website down.
That's their shop website.
Did you get that? Their shop website.
All those links are different btw. Really. Just like this shop website. They all need clicking on.
Invoicing, Time Tracking, Reporting
"Every country OTHER then the US has prevented SCO from persuing this trash licensing [theft]..."
And by "Every country other then the US", you must mean "Germany and Australia", because they're the only ones who have enjoined SCO from trying to sell licenses.
Showdown at the GCC Corral. Sheriff Torvalds and his old buddy Doc Stroustrup up against the nasty SCO Gang ... and the SCO gang don't never play fair ... :)
Xbox reviews.. We think they're funny.
Next up, RMS in custody; charged with battery after finding the SCO marketroid who was spouting GPL blasphemies. SCO martketroid expected to survive after 6 hours of surgery to remove a stamped steel printout of the GPL from the rectum. May have issues sitting down later in life.
Hate me!
Here's to hoping for a response. I'll post anything I hear back
Somebody get that guy an ambulance!
Read the FAQ on that site...just a taste of the garbage in it:
#
How can SCO expect me to purchase a license when its case with IBM hasn't been resolved yet? What if SCO loses its case against IBM? Will it reimburse Linux customers who purchased a SCO IP License?
Some Linux users have the misunderstanding that the SCO IP License hinges on the outcome of the SCO vs. IBM case. If that case were completely removed, Linux end users would still need to purchase a license from SCO to use the SCO IP found in Linux. The IBM case surrounds misuse of derivative works of SCO UNIX. It does not change the fact that line-by-line SCO IP code is found in Linux. The copied code includes copyrighted headers and other proprietary UNIX source code.
If you're reading this, you have to buy a license, since you're using some implementation of sockets. The standard sockets API should be in System V (correct me if I'm wrong).
... #endif code in headers that everyone uses? What of code in Unix copied from/inspired by other sources?
Many, many standard C libraries, for that matter, are in System V. This would make Windows and Mac OS also infringing, if indeed SCO holds this much control.
Has Apple ever said anything about SCO and its possible complaints over Mac OS X's tri-BSD foundation? Has Microsoft offered indemnification for its users, since there is a lot of POSIX, and thus Unix, compatibility in Windows?
What of #ifndef thisfile_h #define thisfile_h
from another thread on canadian privacy laws
:)
What if 20 years from now an activity that you consider perfectly acceptable like say, knowing how to program becomes unacceptable by the general community.
Want an example? Think about it: If you can program in C, you can write viruses! that's scary for the non-programmers out there that think that software is a "product" that magically appears shrinkwrapped at the store.
It starts when you first have to register all your compilers. Then you have a crackdown against free unregistered compilers and "Kitchen table linux dealers". 60 minutes runs a special about how computer shows allow unknown people to aquire software - including unregistered compilers (a compiler being an incredibily powerful piece of software that allows you to create any other piece of software... Including VIRUSES).
Mandataory "Compiler licences" are required by the government where the person applying for one has to submit three photos, a blood sample, a retinal image and fingerprints. At least two of these are checked by biometric scanning every time the compiler is invoked (following the tradition of "smart guns" or "safe firearms").
The compiler must be stored on an EPROM in a dedicated piece of hardware and the source brought to it on some kind of storage media. The output is removed on another storage media to prevent people hacking in and compiling software from their terminals. The compiler's hardware must be kept in a safe that weighs at least 150kg or is bolted to the floor. The sourcecode must be kept in a DIFFERENT safe, located in another part of the building. The compiler must be always carried turned off, in plain view, and without any source loaded, unless you have a "concealed compiler licence."
If you are convicted of a crime you can kiss you compiler licence goodbye. Finally people pull out old copies of neuromancer and comment on how much these firmware compilers look like that chinese virus that Case used. Regular folks would never need such powerfull pieces of software. "Assault compilers" would be banned.
Next revisionist historians will be saying: "In the pioneering days of the internet, widespread compiler ownership was a myth. The majority of internet users did not own a compiler, much less know how to read the source..."
Combined with "In the wild parts of the IT world, a compiler was a simple way to put food on the table of your family. Now that software is intensively farmed in third world countries we have no use for heavy duty compilers in first world, urban areas."
We're left writing everything in interpreted languages with all our arrays limited to 10 objects.
Eventually, only big corporations, the military and the police can afford the Class III licences required to own a compiler.
If you weren't a professional programmer, you'd wish that people hadn't poked around your life.
Your open secret has condemned you but you grit your teeth and type `gcc -Wall frommycolddeadharddrive.c`
You see, humans are at the heart of it NASTY. we can play with ideas all we want but you have to take into account the fact that we will not always do things in a way that minimises suffering for others.
SCO has cleverly designed a license which requires no proof of SCO IP in Linux. They are asking licensees to pay money for the right to not be sued by SCO for SCO IP that "is in" Linux. Whether any SCO IP actually exists is irrelevant since the license is nonspecific on the amount and type of SCO IP it covers. Even if eventually no SCO IP is found in Linux, it could be argued that licensees made their own judgements on why they needed to purchase a license despite knowing there was a possibility that the quantity of SCO IP to be found in Linux was actually zero. The only thing SCO technically has to deliver under the contract is to not sue its licensees.
There is nothing but profit for SCO from any corporations that purchase licenses since there is nothing that they have to deliver, and they have protected themselves by making no specific claims about IP they actually own. By agreeing to the license terms, you explicitly hold SCO harmless for any of their actions. It's easy money if anyone falls for the scheme.
Maybe they took it down because it was running on an unlicensed OS.
Where do I sign up? The host shop.sco.com (linked from How to purchase and activate a SCO IP License website) is up and running, but with port 80 closed! What is going on? See:
pth@sd:~$ nmap -vp80 shop.sco.com
... good.
Starting nmap V. 2.54BETA31 ( www.insecure.org/nmap/ )
No tcp,udp, or ICMP scantype specified, assuming vanilla tcp connect() scan. Use -sP if you really don't want to portscan (and just want to see what hosts are up).
Warning: You are not root -- using TCP pingscan rather than ICMP
Host shop.sco.com (216.250.128.240) appears to be up
Initiating Connect() Scan against shop.sco.com (216.250.128.240)
The Connect() Scan took 0 seconds to scan 1 ports.
The 1 scanned port on shop.sco.com (216.250.128.240) is: closed
Nmap run completed -- 1 IP address (1 host up) scanned in 2 seconds
pth@sd:~$
Is that another desperate PR stunt? I would like to buy a license, to sue them in the future for selling it to me. My lawyer adviced me that it would be a better investment than SCO stock, especially in the case of class action lawsuit. Does anyone has any comments about their EULA? Is it legally binding? If so, then would it be enforceable? And the most important question: Where do I sign up? Thanks.
Sincerely,
Pan Tarhei Hosé, PhD.
"Homo sum et cogito ergo odi profanum vulgus et libido."