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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. We should write to SCO by bogaboga · · Score: 3, Insightful

    We should write to SCO to remind them of the fact. Here they are bashing the GPL yet go ahead and use content from an "unfriendly" Linux related site. After this message, I am gonna "overwhelm" their `contact us' mail box.

  2. Wow.. by grasshoppa · · Score: 5, Insightful

    ...they either a) Have some balls. Or b) are dumb as rocks.

    Given their past behavior, I've gotta go with b. For a while, I was expecting ( but certainly not hoping for ) them to pull the rabbit out of their hat and set us all back on our heels. Their claims just seemed too silly not to be justified by *something*.

    Now of course, we've all got a pretty good idea what kind of clowns these really are.

    Still, to steal from groklaw...whew...that's just stunning in my opinion. You gotta respect the lengths these guys will go to.

    --
    Mod me down with all of your hatred and your journey towards the dark side will be complete!
  3. Too busy looking over... by SubDude · · Score: 5, Insightful

    I think SCO must be too buy looking over their mountain of discovery proceeds to add a simple attribution to their legal docs website.

    Too busy, too cheap, too lazy... who knows what their excuse.

    Perhaps it is simply that SCO does not want to give credit where credit is due.

    Subdude

  4. Petty by Spazmania · · Score: 3, Insightful

    Oh come on. They didn't give Groklaw credit for scanning the court's documents. Boo hoo.

    Scanning didn't create a derivative work. Scanning added no actual content. Plus, as legal filings they're arguably public domain in the first place in which case they'd still be public domain after scanning.

    Yeah, sure I appreciate the irony of them using the work without recompense. But compared to the ghastly irony of continuing to offer Linux for download from their site this is piddling stuff.

    --
    Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    1. Re:Petty by Zocalo · · Score: 5, Insightful
      Yes, they are court documents the *contents* of which are in the public domain, but that's not the point. Many of those documents have been manually transcribed, proof-read and reformatted into HTML or PDF documents by various volunteer members of the FOSS community, on their own time. Many of those documents are also provided for the good of all, free of charge and any form of licensing agreements/restrictions by their transcribers, so SCO probably hasn't actually infringed any laws, civil or otherwise.

      However, for a company currently in court claiming that the fruits of its labours have been misappropriated to turn around and do exactly the same thing... Well, it's hardly in the best taste is it, even if they are so strapped for cash and/or resources that they don't have the ability to transcribe it themselves. Plus, I wouldn't be at all surprised if IBM's legal team finds a way to let the court know about this to show just how two faced SCO can be.

      SCO shoot themselves in the foot. Again. We'll pass on the film at eleven, and proceed with the scheduled reality show re-run...

      --
      UNIX? They're not even circumcised! Savages!
    2. Re:Petty by sepluv · · Score: 3, Insightful
      Many of those documents are also provided for the good of all, free of charge and any form of licensing agreements/restrictions by their transcribers, so SCO probably hasn't actually infringed any laws, civil or otherwise.
      Actually any modifications by Groklaw, Tuxrocks and transcribers are not public domain but under a license: creative commons (attribution required, non-commercial use only) and of course there was no attribution. This is probably an extremely minor copyright violation (which the courts would laugh at) but there has been some formatting, conversions, scanning and writing by transcribers on scanned documents by Groklaw et al.
      Well, it's hardly in the best taste is it, even if they are so strapped for cash and/or resources that they don't have the ability to transcribe it themselves.
      It is worse than that. TSG wrote half of the original documents (which the court has put in the public domain) and probably have the other half in a machine-readable form, but chose to use Groklaw's scanned versions on their new lawsuit site--I assume because it is easier to leech off Groklaw than dig up the originals. This is especially ironic as TSG stated that their new lawsuit site is an attempt at countering Groklaw's `lies' and all it contains ATM is stuff copied from Groklaw.
      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
  5. However...they ARE claiming copyright. by Anonymous Coward · · Score: 5, Insightful

    On the site where they are using Groklaw's and Tuxrock's documents. SCO has claimed copyright of the work.

    So not only have they "borrowed" the work of others instead of doing their own (which apparently may be legal as that they are court documents, or may not be legal since the file itself may be copyrighted although the document cannot be etc... etc... ), they are also claiming copyright on the "borrowed" work.

    Regards,
    Z

    1. Re:However...they ARE claiming copyright. by tonsofpcs · · Score: 2, Insightful

      Thats called plagiarism.

    2. Re:However...they ARE claiming copyright. by MathFox · · Score: 3, Insightful
      I didn't see them claiming copyrights on the works. Furthermore, these are legal documents (half of them produced by TSG's lawyers) and as such "in the public domain". Of course, I'ld love to see attribution of Groklaw, Tuxrocks, PJ or Frank, but I don't think that the current TSG management has the required amount of sportmanship to do so.

      In my opinion it isn't worth to go to court for it; the publicity is a far sweeter reward.

      --
      extern warranty;
      main()
      {
      (void)warranty;
      }
  6. Plagiarism without Citation by jonathanbearak · · Score: 5, Insightful

    This is like doing a research paper in college.

    Let's say I look up some documents on Lexis-Nexus. I have to cite Lexis-Nexis; otherwise it's plagiarism. It doesn't matter where those documents originally came from. My citation must include a reference to Lexis-Nexus saying how I got this information.

    If I don't do this, I've committed plagiarism. I would receive an automatic F and face the possibility of further, much more damaging to myself, ramifications.

    I don't know about how this might play out in the minutae of copyright law, but in academics SCO would be in serious trouble.

    1. Re:Plagiarism without Citation by Ph33r+th3+g(O)at · · Score: 3, Insightful

      Say what? Do you have to cite the library from which you checked out a book you cite, too? Do you have to cite Google if you cite a web resource found that way?

      --
      I too have felt the cold finger of injustice.
  7. Re:So sue them? by slavemowgli · · Score: 2, Insightful

    I think Bridgeman Art Library v. Corel Corporation is an applicable precedent here; it states that when you have a two-dimensional work of art that is in the public domain, a photography of that work of art cannot be copyrighted, since even if you put a considerable amount of time and energy into getting the photograph right, you still have not created something original.

    IANAL, but I assume that scanning court documents is similar - just because you were the one who scanned them does (I'd assume) not mean you have a copyright on those PDFs then. Of course, SCO is claiming copyright on these documents themselves, so that's not entirely unfishy, either, but most likely, neither PJ (of Groklaw) nor Frank of (of Tuxrocks) who scanned those documents have a real case here.

    --
    quidquid latine dictum sit altum videtur.
  8. Re:Docs pulled from both groklaw and tuxrocks by sepluv · · Score: 2, Insightful

    Don't worry. No courts necessary. They'll be shut down soon just from not having sold any products for years while their lawyers bills are building up.

    --
    Joe Llywelyn Griffith Blakesley
    [This post is in the public domain (copyright-free) unless otherwise stated]
  9. Re:Petty, or Not! by sepluv · · Score: 2, Insightful

    Well, you would think that TSG would at least use their own copies of their own court filings (that they wrote) instead of scans from Groklaw especially as the trumped their new lawsuits site as a better alternative to Groklaw (and all it has ATM is stuff copied from Groklaw with no attribution). I guess this is indicative of the sort of idiots we are up against.

    --
    Joe Llywelyn Griffith Blakesley
    [This post is in the public domain (copyright-free) unless otherwise stated]
  10. Terms.... by ebyrob · · Score: 2, Insightful

    Copyright infringement is not theft.

    Ya, and plagiarism is not copyright infringement. Heck in the US, plagiarism isn't even illegal.

    In this case, plagiarism is obvious, infringement would take a court to decide. (It isn't clear whether scans of documents can be copyrighted at this time... They represent effort, but not necessarily creativity. Further, some courts are starting to be careful about allowing loopholes that might "relock" public domain works.)

  11. It all looks bad... by localman · · Score: 4, Insightful

    But unless Darl and his buddies end up dirt poor, this has all been fun and games. That's the beauty of corporations: they can misbehave all they want, and when they are eventually killed, no real person has to suffer any meaningful consequences.

    To beat the dead horse: this is why corporations shouldn't be treated as equal to humans by the law, because they don't play by the same rules and they don't have the same motivations and limitations. It's unbalanced.

    Cheers.