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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. Weasels by dolo666 · · Score: 4, Interesting
    Corporate Culture
    You can tell a *lot* about a company by it's corporate culture. I remember a post I made a while ago to my weblog, before I did a domain change. It's about PHP Consulting but it really applies to this SCO article because of the no-good-theivery going on at SCO. I think SCO certainly faults on each and every one of the following:

    Answer these questions about each potential customer, or even your managers or coworkers:

    1. Are you stupid?
    2. Are you evil natured?
    3. Are you disorganized?
    4. Are you unsuccessful?
    5. Do you have no budget?
    6. Are you a stinking liar? Weasel?
    7. Are you a know it all?
    8. Are you a control freak?
    9. Do you have mental problems?
    10. Are you superstitious?


    Read on...
    1. Re:Weasels by dbIII · · Score: 4, Interesting
      11. Are you paying huge amounts of the companies money in legal fees to your brother?

      It looks a lot like a scam where SCO is the victim and linux is just being used as a smokescreen while Darl guts the company and lines his pockets with cash.

  2. Head of Canopy, Noorda's Daughter killed herself by ThoreauHD · · Score: 5, Interesting

    http://www.linuxbusinessweek.com/story/48789.htm?D E=1

    Happened last week- old news in internet time. But applicable her because SCO's financial backing literally took a bullet to the head. I think the least of their concerns would be Groklaw's stolen pdf files.

  3. Docs pulled from both groklaw and tuxrocks by wol · · Score: 5, Interesting

    Groklaw notes that SCO was pulling from both groklaw.net and tuxrocks.com. Even accepting that these are legal documents in SCO's own cases, it is amusing that they can't convert their own documents, but have to pull from OSS sites.

    --
    If you think deeply enough, you will have no single direction for your outrage.
  4. That's the 2nd "suicide" in 4 months. by khasim · · Score: 5, Interesting

    1 in December.
    1 in March.
    Both people involved in Canopy.

    Nothing strange or unusual about that. No sir.

    1. Re:That's the 2nd "suicide" in 4 months. by Anonymous Coward · · Score: 3, Interesting

      This is getting more and more bizarre.

      A long time ago when this SCO stuff started, I rhetorically asked "when would someone fall out of a helicopter" in reference to the Bre-X scam. (look it up).

      The parallels are remarkable.

      Derek

  5. Re:Court documents by igrp · · Score: 5, Interesting
    Well, we went over this last night went the story hit Groklaw. To sum it up, from memory:
    • There is handwriting on at least one of the scanned documents. It's questionable whether that means that sufficient additional creative content has been added to the non-protected derivative work.
      Personally, I think it doesn't. Comments might but we're talking about markings here. This is just my personal opinion though. This still doesn't rise beyond mechanical duplication, IMHO.
    • It could be argued that putting together individual filings, and organizing them qualifies as a copyrightable compilation. (For those who are interested, here's a good basic introduction to get you started).
    • This could also be a license violation as Groklaw's articles are covered by the Creative Commons License which requires attribution with republication.

    I think it's questionable whether the PDF files count as a transcript which would be necessary since you would have to have a copyrightable work in the first place.

    If memory serves me correctly, there was also a general consensus that

    a) SCO sucks b) C&D'ing SCO could prove to be a very interesting publicity stunt c) SCO sucks.

  6. Re:Petty by hendersj · · Score: 4, Interesting

    i-ro-ny: 2. a. Incongruity between what might be expected and what actually occurs: "Hyde noted the irony of Ireland's copying the nation she most hated" (Richard Kain).

    It is quite ironic that SCO seems to think that only their most holy IP is significant to them. They should clarify that they couldn't give a rat's arse about anyone else's efforts, or they should at least credit people for doing the work they did instead of (perhaps inadvertantly) trying to make it look like they did this themselves.

    --
    Insanity is a gradual process; don't rush it.
  7. Re:Petty by anagama · · Score: 5, Interesting

    • 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.

    Tell that to Westlaw or Lexis. Both of these companies supply the full text of court decisions, statutes, administrative decesions, etc. etc. All of these are available free at the respective courthouses, gov't offices, libraries where they are stored. Why then would a basic subscription to the state law databases of one state cost around $125 per month? Because the gathering and reformating of this widely dispersed inconveniently printed material has imense value. Westlaw and Lexis do not own the content, but they do own the manner in which it is presented. In a simialr vein, while groklaw doesn't own the content of the documents it has presented, it certainly owns the files it has created.
    --
    What changed under Obama? Nothing Good
  8. They kyped the Jargon File, too by Baloo+Ursidae · · Score: 3, Interesting

    SCO thought ESR would just let it fly to use the FUD entry of the Jargon file to further their claims back in 2003. SCO: See also Bzzt! Wrong.

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    Help us build a better map!
  9. Case to be made, but missing the point by Ohreally_factor · · Score: 4, Interesting

    The content isn't copyrighted, but the formatting is copyrighted under Creative Commons Attribution-NonCommercial 2.0.

    What does that mean, that the formatting is copyrighted? See this thread, on Groklaw. There are also court cases where the contents of a phone directory were considered public information, but their compilation, formatting, etc., were considered copyrighted. (I'm feeling to lazy to look it up at the moment.)

    Still, does this really rise to the level of a Federal Case? Is it worth it to file suit, or even send a C & D letter?

    At any rate, PJ has made it abundantly clear that she has no intention of pursing this legally. She just finds it very funny, as do I. The people crying for litigation are missing the point.

    --
    It's not offtopic, dumbass. It's orthogonal.
  10. Error in the article by bruns · · Score: 3, Interesting

    Its www.groklaw.net, not wwwgroklaw.net. Perhaps someone should review the article next time for errors before posting?

    --
    Brielle
  11. What surprise? by davmoo · · Score: 4, Interesting

    This is no surprise. SCO has bashed Linux and the GPL for several years now, and all that time have been still attempting to sell their products based on Linux and other GPL software. The left hand slams GPL, while the right hand sings the praises.

    Its just further proof that no one at SCO has any idea what the fuck they are doing. I've said it before, I'll say it again...those who can, innovate, those who can't, litigate. And now we can add that those who can't litigate successfully steal from those who can.

    --
    I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
  12. Re:Petty by cpt+kangarooski · · Score: 3, Interesting

    Man, where have you been? The Second Circuit pretty much settled this ages ago. The case you want is this: Matthew Bender & Co. v. West Publ. Co., 158 F.3d 693 (2d Cir. 1998).

    There was a prior 8th Circuit case to the contrary, but Feist pretty much killed it. IIRC, it hasn't been seriously reexamined since in light of the incredible difficulty of claiming that page numbering is original, and the strong public policy and due process arguments.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  13. Re:Wow.. by Anonymous Coward · · Score: 4, Interesting

    And copying public domain court documents isn't copyright infringement.

    Nope. So that's why what Groklaw did is legal.

    What SCO did, however, is copy a specific representation of those court documents that was created by Groklaw. That, on the other hand, is copyright infringement.

    For example, Bach's music is in the public domain. Making your own copies of Bach's music is legal. Copying somebody else's representation of that music is copyright infringement.

  14. Oh, puh-leeze! by werdna · · Score: 3, Interesting

    It seems that the defenders of the holy IP principle have hoisted the skull and bones.

    You are seriously claiming IP rights in the PDF scan of a public document, or comparing the conduct with the allegation of copyright infringement? Give me a break!

    Either we are trying to provide a public service by making documents available to the public to lend more light than heat, or we are as bad as they are and just blowing smoke. Public service means the public as a whole -- including the bad guys.

    Seriously, by making petty bullshit allegations of wrongdoing for doing the right thing -- disseminating public information -- we lie right down next to the thing we are supposedly demonizing.

    Don't fight battles on the wrong playing fields. You should proudly point out they are beginning to appreciate our virtues, not suggest that they are doing the same thing they accuse us of doing. They aren't, and we're not.