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SCO Website Using Groklaw's Content

darkonc writes "It looks like they didn't learn from the BSD debacle (where, having sued Berkley for copyright infringement, AT&T found that they were using BSD code without acknowledging it's source). Groklaw has an article detailing how SCO has documents created by and for Groklaw on their site -- without even acknowledging the source. It seems that the defenders of the holy IP principle have hoisted the skull and bones."

16 of 286 comments (clear)

  1. Re:grammar and spelling TOO by vic128 · · Score: 1, Informative

    (where, having sued Berkley for copyright infringement, AT&T found that they were using BSD code without acknowledging it's source). It's BERKELEY!

  2. There's No IP Here by Royster · · Score: 4, Informative

    Scanning a document does not give a copyright to the person who performs the scan. SCO has done nothing illegal by grabbing these document.

    We rightfully excoriate MSFT and SCO when they make overreaching IP claims. We should be the last ones to make overreaching claims.

    That said, the one thing which makes SCOX's claims look the worse is their own damn filings. By publishing them themselves, they aren't helping themselves in the public eye.

    --
    I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
    1. Re:There's No IP Here by Ryan+Stortz · · Score: 4, Informative
      A few days ago, I was going through the Project Gutenberg FAQ. I forget why, but it covers a few copyright issues with public domain works:

      C.16. How come my paper book of Shakespeare says it's "Copyright 1988"?
      Shakespeare was published long enough ago to be indisputably in the public domain everywhere, so how can a Shakespeare text be copyrighted?

      There are two possibilities:

      1. The author or publisher has changed or edited the text enough to qualify as a "new edition", which gets a "new copyright".

      2. The publisher has added extra material, such as an introduction, critical essays, footnotes, or an index. This extra material is new, and the publisher owns the copyright on it.

      The problem with these practices is that a publisher, having added this copyrighted material, or edited the text even in a minor way, may simply put a copyright notice on the whole book, even though the main part of it--the text itself--is in the public domain! And as time goes on, the number of original surviving books that can be proved to be in the public domain grows smaller and smaller; and meanwhile publishers are cranking out more and more editions that have copyright notices. Eventually it becomes harder and harder to prove that a particular book is in the public domain, since there are few pre-1923 copies available as evidence.


      C.17. What makes a "new copyright"?
      A special case, that isn't quite a new edition, is when someone "marks up" a public domain text in, for example, HTML. Where this happens, the text is in the public domain, but the markup is copyrighted. We've already seen that when an editor adds footnotes to a public domain text, he owns copyright on the footnotes but not on the text: similarly, when he adds markup to the text, he owns copyright on the markup.
      So, basically the formatting, anything additional added, and the general presentation are all copyrighted. I don't visit Groklaw, but I'm sure they made edits, footnotes, and other changes. If SCO included any of those, they'd be violating copyright.
      --
      Bugs are just features that have been fixed.
  3. Re:Wow.. by Anonymous Coward · · Score: 4, Informative

    Still, to steal from groklaw...

    Copyright infringement is not theft. Not when you share music illegally. Not when you distribute GPLed software against its license terms. Not when you copy documents from a website on "our side".

  4. Re:However...they ARE claiming copyright. by tonsofpcs · · Score: 2, Informative

    No, thats just if you take someone else's IP and use it without license, without claiming it to be your own. Plagiarism is taking someone else's IP and claiming that it is yours.

  5. Re:That's the 2nd "suicide" in 4 months. by Mad_Rain · · Score: 4, Informative

    Well, before you break out the actors from your favorite CSI/Law & Order divisions, some researchers notice that suicides tend to cluster together, and are occassionally thought of as "contagious". That is, people who are close (family, friends, and business associates) have an increased risk of suicide when someone near them commits suicide as well.

    So unless you have some other information about those suicides that makes them look less coincidental, perhaps you should allow the dead to rest instead of furthering a tin-foil hat craze. :)

    --
    "What do you think?" "I think 'What, do you think?!'"
  6. I hope they sue you ... by crimethinker · · Score: 2, Informative
    [tongue firmly in cheek]

    ... but for a different reason: SCO[tm] is a trademark, not a copyrighted name. You have confused copyright and trademark, so let me help you understand the difference.

    If I write a book titled "SCO[tm] Sucks Donkey Balls," that book is a copyrightable work. Assuming Congress keeps listening to Disney every 10-20 years (as the copyright on Steamboat Mickey is about to expire), copyright will last forever. I believe right now we're at life of the author plus 95 years. The point is that copyright can (theoretically) expire.

    My book title uses a trademarked name, that is "SCO[tm]" That name is a trademark of some donkey-ball-sucking company in Lindon UT that thinks they own the mind of every programmer who ever wrote #include <stdio.h>. Trademarks last FOREVER, or until you don't bother to pursue violations.

    -paul

    --
    Pistol caliber is like religion: everyone has their favourite, and theirs is the only right choice.
  7. Re:Head of Canopy, Noorda's Daughter killed hersel by gmack · · Score: 3, Informative

    That's by Maureen O'Gara. You should never post anything by her as fact.

    She often gets a lot of the facts wrong and in this case the only thing we know for certain is that there has been a death. Maureen is the only one calling it a suicide and everyone has reported that the Noorda family is not releasing any details.

    It may be a suicide or it may not be and we won't know for certain until a real journalist supplies more information.

  8. Re:Too busy looking over... by gmack · · Score: 2, Informative

    "I think SCO must be too buy looking over their mountain of discovery proceeds to add a simple attribution to their legal docs website." AFIK one of the court orders states that SCO may not look at any of the code IBM supplies, they need to hire an outside expert to do it.

  9. Literally by Anonymous Coward · · Score: 1, Informative

    SCO's financial backing literally took a bullet to the head

    I literally don't think you know the meaning of literally

  10. Re:Plagiarism without Citation by Anonymous Coward · · Score: 1, Informative

    You don't have to cite nexis-lexis. That's silly. You don't have to cite the library either. You have to cite original work. If you cite an article that you found in the NYT, you don't have to say that you found it on nexis to "help other researchers corroborate your work." I'm sure that they are capable of finding an article in the NYT by themselves. Anyone who cites nexis-lexis (I guess excepting their own demographic research) is too dumb to be writing research papers.

  11. Re:However...they ARE claiming copyright. by Anonymous Coward · · Score: 2, Informative

    Except that Groklaw isn't grasping at any straws. PJ isn't out to sue anyone over it. They are simply pointing out the news that after SCO has disparaged groklaw and made offensive comments about it, SCO used groklaw (amongst other sites) as the source for their legal information. I'm sorry if you're disappointed there's no real bloodlust (except in the commentary by people who are not lawyers and don't understand and aren't in a position to do something about it).

  12. Re:Head of Canopy, Noorda's Daughter killed hersel by Anonymous Coward · · Score: 1, Informative

    By all accounts Val Noorda Kreidel was no supporter of SCO or the Ralph Yarro cabal.

    Please do some basic research before you post misleading information about such a terrible tragedy.

  13. We should call their 800 number instead of write. by Anonymous Coward · · Score: 1, Informative

    1-800-726-8649 is their sales number for SCO source. Perhaps that's the best place to ask.

  14. Re:Head of Canopy, Noorda's Daughter killed hersel by SpaceLifeForm · · Score: 2, Informative
    It was 'confirmed' by the county coroner allegedly.

    See the second story here.

    --
    You are being MICROattacked, from various angles, in a SOFT manner.
  15. Insignificant. See Bender v. West Publishing. by Jamesday · · Score: 2, Informative
    The writing involved is insignificant. It's all been thoroughly explored in Feist v. Rural (the phone directory case). The article also covers Matthew Bender v. West publishing Co. (a legal publisher, denied copyright on its numbering and organising schemes for public domain legal writing). Also Assessment Technologies v. WIREdata, which ruled that a copyright holder in a compilation of public domain data cannot use that copyright to prevent others from using the underlying public domain data, but may only restrict the specific format of the compilation, if that format is itself sufficiently creative. A scan won't be sufficiently creative.

    SCO is simply a Bender and is fully entitled to do as it has done.

    Forget a takedown notice as well. The documents are public domain and there are penalties (including legal fees) for filing a false DMCA takedown notice.

    It's amusing, but that's all it is.

    Do read the WIREdata (PDF) decision. It's an excellent and readable decision giving an overview of the principles and key cases involved.