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McBride Interviewed by Heise
Friday, August 22 2003 @ 03:37 PM EDT

Slashdot Translation Snips of the Heise Interviews

Obviously, I can't vouch for the accuracy, except that it seems to match the computer translation, except for making good English sense, so here it is:

c't: Mr. Sontag, the code sequences shown by you on the forum have been analyzed by experts. Result: Silicon graphics inserted them into Linux, not IBM

Chris Sontag: That is right. This example is not from IBM, but another of our licensees. At the moment, I cannot comment on who it is.

c't: The copy is supposed to go much further back than your rights on Unix. Moreover, it is said to have already been distributed by AT&T under the BSD licence, therefore freely accessible, and could have entered into Linux that way.

Sontag: That's completely wrong. We posess all files of this code with the complete source tree (lit: pedigree) in all version, up to the origin in 1969. We have looked through all tapes and all versions of the code. The code in question dates from exactly the version of Unix System V which we have delivered to SGI and licenced with a signed contract. This version was at the disposal of the licensee, and it was never in BSD or other releases. And the letter-by-letter copy of this version is found in Linux. We want to point out such flagrant breaches.

c't: But this evidence is useless in the dispute with IBM?

Sontag: Correct.

c't: Why then are you demonstrating exactly this code publicly as evidence? You are sueing IBM.

Sontag: We found several kinds of breaches of copyright and of contracts. Literal copying of code was the most obvious kind, and we wanted to prove this as well. Therefore, we have shown it in the public talk, and demonstrate the example also unter terms of an NDA. In the case of IBM, we have not yet found such cases of verbatim copying, but we have not examined everything yet. With IBM, this is above all about a different kind of breach of contract, namely the transfer of derived results on a very large scale. The licensing agreement provides that all changes and derived products remain within the originally licensed body of work. . . .

Darl McBride talked about the authorship of SGI of the code examples demonstrated by SCO, which Chris Sontag didn't want to confirm. In his interview with c't, the head of SCO was less shy in naming names.

c't: The code examples you demonstrated are said to be entered into Linux by Silicon Graphics, not IBM

Darl McBride: That's right, these were examples for literal copying from Unix into Linux, which happened at SGI.

c't: Does SGI have to prepare itself for a billion-dollar law suit?

McBride: Possible. For sure they're not on the safe side. But currently, we are fully focusing on the IBM case, this takes enough of our energy and ressources. . . .

c't: Others have made their decision for Linux already a long time ago, especially public governments. In Europe, as well as in China, there's big support for Linux. Don't you fear negative consequences from that side?

McBride: That is thinkable, but it can't stop us from getting our rights. By the way, we have just hired Gregory Blepp from SuSE for international business. He's from the Linux side and is supposed to help us with international business development.

c't: You are acting fairly belligerent on this forum. You declared war against open source, since it becomes destructive for the software industry. Does the whole movement have to die so that a few software companies can live well?

McBride: Actually, that was more aimed at the GPL, not open source as a whole. There's a lot of very valuable effort in open source. But the extreme interpretation that nobody himself owns anything that he developed himself, that can't remain like this. With this, created value gets destroyed. The GPL must change or it will not survive in the long run. I have discussed with many exponents of the open source side about this already.

c't: And what did they tell you?

McBride: The spectrum of views is very broad. Let's put it this way: With some, I could discuss reasonably about the fact that a software company needs to earn money. But not with all of them, I could find a common denominator.




  


McBride Interviewed by Heise | 85 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 12:49 PM EDT
I find SGI's silence on this issue deafening.
Black Hat

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 12:54 PM EDT
yup.
pj

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 01:00 PM EDT
McBride says (via translation): "There's a lot of very valuable effort in open source. But the extreme interpretation that nobody himself owns anything that he developed himself, that can't remain like this. "

That cannot be right, can it? When you release something under the GPL, you still maintain copyright over it and thus ownership. All you are doing is mandating that if you want to distribute the code you released, you have to do so as openly as you did.

The McBride quote sounds like the trolls that say open source = communism.


Nick

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 01:10 PM EDT
Apparently, Sontag and the SCO-scum gang don't keep good records. Unfortunately
for them, everybody else does. Sontag demonstrates for our edification the
SCO-scum approach to lying: when caught lying, insist on the lie! And as for
McBride's relationship with GPL: GPL will be the cement boots SCO-scum will be
wearing on its trip to the bottom of the river.
blacklight

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 01:16 PM EDT
best quote "In the case of IBM, we have not yet found such cases of verbatim
copying, but we have not examined everything yet. "
ummm then why all the mudslinging and lies.
oooooh the lawsuits will get heavy i do believe.and wonder if IBM can connect
their layoffs to all this bad publicity
just another nail in sco coffin
brenda banks

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 01:18 PM EDT
Nick, It's not -- or more correctly, not necessarily. In the case of Linux, for example, most of the code developed is still the "property" of the original developers (they own the copyrights). The GPL acts as you say.

In other words, McBride is either still completely uninformed or he's trying to deliberately mislead the uninitiated.


Jonathan Williams

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 01:20 PM EDT
McBride's hypocrisy is amusing, as always. No one is forcing him to use GPL code. If I write something myself, I can certainly make money from it. But if I write something that piggy-backs off the works of countless untold thousands of others, going back for absolute decades, I'm not sure where the automatic right to profit comes from.

Darl McBride can use gcc, or he can write his own compiler, or he can buy a license for Intel's compiler. He can use Qt or GTK, or he can write his own graphics library, or he can buy a license for someone else's library.

Hell, he can just use Java, get the compiler and graphics library, not have to pay anything and still be able to sell software in the closed model, on a plethora of platforms no less.

My point is just he makes it sound like GPL code is the only thing available to him, and that it therefore somehow diminishes his company's ability to produce closed software. If you don't like the GPL, don't use it. There are all kinds of software companies that don't use GPL code at all, Microsoft avoids it like the plague.

But if you do use it, you owe the people who created it, and must abide by their terms. Every time McBride accusing somebody of doing something bad to him, he's just stating what he's been doing to everyone else.

Grrr. Argh.


Paul

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 01:26 PM EDT
Blacklight, we're trying to keep this from descending too far in certain directions, so please keep the name-calling to a minimum. It's tempting and I've done a little bit of it, but if you need to vent, go to the Yahoo forums

http://messages.yahoo.com/ ?action=q&board=SCOX

Round and round SCO goes. The reporters are not familiar enough with what's already out there to call SCO on outright lies,
Specifically, they didn't ask about the 'derivative works belong to IBM clause' in the amemements, or the AT&T letter stating AT&T did not intend to execute this exact type over-reaching ownership claim.

On the whole this interview came off much better than a lot of older ones. (Cooper and Farmer, anyone?) SCO's backpedaling (and sometimes digging a deeper, sillier hole) when confronted with facts is telling.


Sanjeev

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 01:26 PM EDT
It becomes clearer and clearer that SCO didn't do its homework when it started attacking IBM. The copyright registration, Novells veto rights in terminating the AIX license, (still) ignoring the side letters and now they are still looking for proof that IBM copied sysV code. They should have had the list of IBM infringements before sending the AIX revocation letter.

Not doing your homework is only embarassing in high school; it is both embarassing and costly in business.


MathFox

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 01:26 PM EDT
If a CEO in company threatend by a GPL claim in a lawsuit does not after this time know the GPL by heart, all the current interpretations of how GPL is applied and the relevant connections to copyright law,

then he is IMHO criminally negligent in his duty to the company and share holders. If the board does keep this CEO then they are negligent in their duties.

So we must assume he is lying.


Magnus Lundin

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 01:31 PM EDT
Sanjeev: I agree, we should top bashing and keep looking for relevant and useful
information. But its hard sometimes .
Magnus Lundin

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 01:33 PM EDT
Here's a good lauch from one /. poster:

click here


MajorLeePissed

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 01:33 PM EDT
Oops I meant laugh
MajorLeePissed

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 01:35 PM EDT
Damn! I screwed up the link. Here it is :-)

click here


MajorLeePissed

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 01:36 PM EDT
This just in from the silent majority.
Paul

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 01:38 PM EDT
There are about 320 citations at kernal.org for Silicon Graphics, Inc, and 160 or more seem to have been put there by Marcelo, the name seen in the infamous unsmoking-gun file.

It would be interesting to know what kind of license SGI has, that they haven't apparently been directly threatened yet.


Rand

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 01:47 PM EDT
What the hell are "exponents of the open source side.."

Is Darl also illiterate or just inarticulate?

LMAO.

Sam


sam

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 01:50 PM EDT
This is getting stranger and stranger. According to Perens SCO (then Caldera) released UNIX 32V and V1-V7 under BSD-like license last year.

But now they claim:

SCO Claims 2002 UNIX Source Release Was "Non-Commercial"

Linux Journal - 1 hour ago

"Blake Stowell, Director of Public Relations for The SCO Group, said this week that SCO's 2002 letter that released old UNIX versions did not offer free, open ..."

http://www.linuxjournal.com/article.php?sid=7089&mode=thread&order=0&thold=0

(The above is from news.google.com. I have not been able to read the article, Linux journal is apparently down and/or slashdotted.)

The release of old UNIX version under BSD license by SCO last year may have been damaging to SCO's case...


Kai Puolamaki

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 01:53 PM EDT
The terms of the SGI Unix contract would indeed be interesting. Not that I
don't trust SCO or anything...
Jonathan Williams

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 02:02 PM EDT
linuxjournal.com seems back up. Here's a choice quote from that article:

When asked for clarification on the "non-commercial" assertion, Stowell replied by e-mail, "That is what I was told by Chris Sontag."

Hehehe. That is so weak it's pathetic!


Dr Drake

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 02:07 PM EDT
Oops. Guess they really meant it to say "non-commercial", just as they never meant to release "their own code" under the GPL.

Will no one put these people out of their misery?


Jonathan Williams

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 02:11 PM EDT
Yep. First try to invalidate the GPL. If that doesn't work, try to invalidate your own license grant to the open source community.

I sure hope none of the SCO lawyers every become judges. In fact, as others have pointed out, they probably should be disbarred altogether.

What a farce.


MajorLeePissed

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 02:14 PM EDT
ESR's response (http://linux.com/article .pl?sid=03/08/22/1746248) is pretty hilarious too. Sounds like he has lost his temper though, which is not usually a good plan.
Dr Drake

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 02:19 PM EDT
Brenda Banks: "best quote..." I couldn't agree more.

Sanjeev: "or the AT&T letter stating AT&T did not intend to execute this exact type over-reaching ownership claim." Yes, but not just for IBM alone. SCO's amended complaint relies on a Sequent license dated April of 1985. AT&T put out a letter to ALL of the licensees the following August disowning any claims to code that contained none of their own AT&T code. It's mentioned in the Regents amicus brief at [fn13] among Dennis Ritchie's collection of BSDI documents. http://cm.be ll-labs.com/cm/cs/who/dmr/bsdi/930107.amicus.txt

SCO is attempting to retry the exact same issue that sank USL's boat.

Their complaint has headings for Background Facts,The UNIX Operating System, the ATT Unix Agreements, but fails to mention the terms BSD or Berkeley at all. They claim ownership of all the software in System V, but fail to mention that AT&T licensed BSD 4.3 like everyone else (you don't need a license if you own it).

The copyright registration for 4.2 and 4.3 BSD show the University owned them not AT&T. the same amicus.txt: [fn14] In 1988, the University registered its copyrights in 4.2BSD and 4.3BSD. DeFazio Exhibits G and H. These registrations indicate that the University was the author of various additions, enhancements and modifications to 32V. The registration for 4.2BSD indicates that 50% of the commands were derived from 32V and 80% of the files and 50% of the commands had been added to 32V by the University. The registration for 4.3BSD indicates that 45% of the commands were derived from 32V and that 85% of the files and 55% of the commands had been added to 32V by the University.

They also claimed to own copyrights in 50% of the code in System V. That wouldn't cover SCO's exposure to copyright claims from others (think of all the SIGs and USENIX). I might also point out that patents usually are applied through some actual code and IBM has claimed SCO is infringing those on some basis:)


Harlan

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 02:20 PM EDT
What a comedy of errors. These people are completely unprofessional.

I'm beginning to understand why companies go belly up...


Jonathan Williams

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 02:24 PM EDT
As to SGI's silence on the code-copying issue (in the SCOForum slides), it's likely due to the fact that they have competent counsel that is instructing them (wisely) to stay silent.

This is in stark contrast to our favorite bumbling company who refuses to stop collectively shooting its mouth off, apparently ignorant that everything spoken & written is being recorded, analyzed, etc. by their opposition...

The fact that every day this looks more like a soap opera only means that I keep reading GROKLAW on a semi-daily basis. :)


RoQ

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 02:30 PM EDT
In many ways, this is pretty hillarious. I believe someone wrote a couple weeks back that Linux couldn't have asked for a better precedent-setting case than the SCO suit. I wonder if even that author is amazed at how true those words are turning out to be.
Jonathan Williams

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 02:30 PM EDT
"In the case of IBM, we have not yet found such cases of verbatim copying, but we have not examined everything yet. "

Carry right on looking. Take as long as you want. By the way, check this interview with some of IBM's linux developers, back in June 2002 (when Caldera was still a linux company):

http://interviews.slashdot.org/article.pl?sid=02/06/18/1339201&mode=th read&tid=136

"We are definitely not allowed to cut and paste proprietary code into any open source projects (or vice versa!). There is an IBM committee who can and do approve the release of IBM proprietary or patented technology, like RCU." (Wasn't RCU something the SCO complaint claims SCO owns?)

IBM might possibly have been surprised by SCO's actions, but they certainly weren't unprepared. They checked everything right from the start, and they've got a paper trail a mile wide to prove it.

SCO don't even know what licenses they released their own code under. SCO can examine away, but IBM is already a year ahead of them, and I know whose examiners' competence I'd bet on.


amcguinn

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 02:45 PM EDT
Mr McBride is endeavouring to have his cake and eat it too. On the one hand as the folks at Samba pointedly noted, Mr McBride and SCO made millions of of OpenSource when it was in the company's interest to push OpenSource, which he now disparages but still pushes because of profit motives. On the other hand he aims to "get his arms around" open source treating it (as well as all other "UNIX-like code)as if it(they) were merely a derivative of UNIX (snce UNIX was first) and therefore really the property of SCO by using such overly broad terms such as "ideas, methods, approaches, concepts, etc in their law suit against IBM.

His position, although hypocritical, is not inconsistent. He has every right to download, use and distribute OpenSource code as long as he honors the license. However, Mr McBride and SCO are using the profits from the sale of their product to attack the OpenSource Community.

By starting from a very broad approach and fighting the efforts of IBM and the OpenSource community to narrow the attack, SCO stands a chance of gaining more control over open source code than what they have now. They would have to be handed their heads much like AT&T was in its fight with BSD and the Univ. of California, Berkley to come out the looser in this war.

Unfortunately the courts, because of a Columbia Law Review article by Professor Wendy J. Gordon published in December 1982 (ARTICLE: FAIR USE AND MARKET FAILURE: SONY REVISITED, Glynn S. Lunney, Jr.), have treated copyright more as "private good" than as a "public good" as it was originally intended. This approach brings market forces to bare and forces the alleged infringer to "prove" she was not infringing rather than keeping the onus on the copyright holder to prove infringment took place as the Copyrigh Act of 1976 requires and Justice Steven holds in Sony. (I can email the entire Lunny paper to any who are interested.)

And of course the DMCA really complicates and brudens the issue with really, really bad law giving copyrigh holders rights that Congress may not have had the power to grant. (I also have a good article/paper on this matter.)


PhilTR

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 02:45 PM EDT
Wow. ESR really socked it to SCO.

I'm feeling all warm and tingly inside. =)


MajorLeePissed

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 02:52 PM EDT
Re ESR's rant (which I linked earlier), I do wonder about this quote:

"I'm very much afraid it's all been me, acting to serve my people the best way I know how"

"my people"? does he think he's some sort of king, or prophet? Well, I suppose he does actually.


Dr Drake

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 02:54 PM EDT
If you stand in the middle of a freeway and scream that there is no Mack truck bearing down on you, will it still hurt?

Glenn


Glenn Thigpen

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 02:56 PM EDT
My favorite from the NewsForge article is the Editors second note:

"If, as Mr. McBride claims, the amount of attention SCO has gotten from the computer press is a rational measure of the company's relevance, then -- at for least this week -- the authors of the sobig.f virus are far more relevant than SCO. "

Good Point. -Mike


Mike BMW

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 02:57 PM EDT
RE: SCO's ancient Unix: Commercial or non-commercial?

Starting in the late 1990's under SCO, and later until early 2002 under Caldera, the "ancient Unix" sources were indeed available under a restrictive, non-commercial license. You can find a copy of that on the wayback machine here : web.archive.org/web/20000115142514/www.sco.com/offers/ancient_unix_license.txt, but to save archive.org some bandwidth I'll copy the relevant part here:

"2.1 (a) SCO grants to LICENSEE a personal, nontransferable and
nonexclusive right to use, in the AUTHORIZED COUNTRY, each SOURCE
CODE PRODUCT identified in Section 3 of this Agreement, solely
for personal use (as restricted in Section 2.1(b)) and solely on
or in conjunction with DESIGNATED CPUs, and/or Networks of
CPUs, licensed by LICENSEE through this SPECIAL SOFTWARE LICENSE
AGREEMENT for such SOURCE CODE PRODUCT.  Such right to use
includes the right to modify such SOURCE CODE PRODUCT and to
prepare DERIVED BINARY PRODUCT based on such SOURCE CODE PRODUCT,
provided that any such modification or DERIVED BINARY PRODUCT
that contains any part of a SOURCE CODE PRODUCT subject to this
Agreement is treated hereunder the same as such SOURCE CODE
PRODUCT.  SCO claims no ownership interest in any portion of such
a modification or DERIVED BINARY PRODUCT that is not part of a
SOURCE CODE PRODUCT.

"(b) Personal use is limited to noncommercial uses. Any such use made in connection with the development of enhancements or modifications to SOURCE CODE PRODUCTS is permitted only if (i) neither the results of such use nor any enhancement or modification so developed is intended primarily for the benefit of a third party and (ii) any copy of any such result, enhancement or modification, furnished by LICENSEE to a third party holder of an equivalent Software License with SCO where permitted by Section 8.4(b) below, is furnished for no more than the cost of reproduction and shipping. Any such copy that includes any portion of a SOURCE CODE PRODUCT shall be subject to the provisions of such Section 8.4."

However, on January 23, 2002, Bill Broderick, Director, Licensing Services, Caldera, signed a letter stating that these sources were now available for any use, under a BSD-type license, with an advertising clause; That letter can be found at http://www.tuhs.org/Archi ve/Caldera-license.pdf

"Caldera International, Inc. hereby grants a fee free license that includes the rights use, modify and distribute this named source code, including creating derived binary products created from the source code. The source code for which Caldera International, Inc. grants rights are limited to the following UNIX Operating Systems that operate on the 16-Bit PDP-11 CPU and early versions of the 32-Bit UNIX Operating System, with specific exclusion of UNIX System III and UNIX System V and successor operating systems:

32-bit 32V UNIX

16 bit UNIX Versions 1, 2, 3, 4, 5, 6, 7

...

USE OF THE SOFTWARE PROVIDED FOR UNDER THIS LICENSE BY CALDERA INTERNATIONAL, INC. AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL CALDERA INTERNATIONAL, INC. BE LIABLE FOR ANY DIRECT, INDIRECT INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

...

"

Note the lack of indemnification. :-)

I suppose SCO will make something up about that not being an SCO website or offer some similarly bogus argument. A /. discussion of the release can be found here: http://slashdot.org/a rticle.pl?sid=02/01/24/0146248

In any event, perhaps Stowell only remembers the pre-2002 release, or he's in denial about the later relese, or he's going to claim that Broderick didn't have the authority to do it, or ... ?


bob

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 03:00 PM EDT
I think this is the best part of ESR's open letter. It speaks for itself.

"...and if you don't stop trying to destroy Linux and everything else we've worked for I guarantee you won't like what our alliance is cooking up next."


Stephen Johnson

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 03:10 PM EDT
On ESR's rant. He said what many of us have been thinking. And actually it seems to be pretty mild stuff for ESR. Incisive, cutting, unequivocal. Being mealy mouthed and mamby pamby (what does that mean anyhow?) will do actually nothing at all. That has been tried. Well actually using a reasoned and moderate approach. (Just show us the code. If it is really yours, we will take it out. We do not want it.) The real answer will be made in court, if it ever gets that far. Has SCO actually filed to start the discovery process against IBM. The last I had heard, they had not, although some comments from the SCO people seemed to indicate that they were already in the discovery phase.

Glenn


Glenn Thigpen

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 03:13 PM EDT
Slightly OT, here is an intersting article on Tivo and their use of Open Source.
D.

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 03:14 PM EDT
I was rather fond of the "Take that offer while you still can, Mr. McBride. So
far your so-called ‘evidence’ is [redacted]; you'd better climb down off your
high horse before we shoot that sucker entirely out from under you." style="height: 2px; width: 20%; margin-left: 0px; margin-right: auto;">Jonathan
Williams

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 03:14 PM EDT
Glenn,

PJ posted a couple of days ago that, IIRC, the records show some paperwork flying back and forth in that case, but that the content wasn't part of the records. In any event, it seems plausible that discovery is happening.


bob

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 03:20 PM EDT
To me SGI's silence certainly speaks loudly that their lawyers are working
furiously behind the scenes. It also appears to indicate that they may very
well have, in fact, put Unix code into Linux without permission from the owner.
This may not win the case for SCO, but SGI will have a lot of 'splaining to do
when this is all over.
Black Hat

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 03:21 PM EDT
ESR's missive certainly put a smile on my face! ;-)

Can't wait to find out what he's got up his sleeve! When you think of all the ingenuity and inventiveness of open source programmers he can call on, it must be something pretty good....


Cambo

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 03:23 PM EDT
ESR's missive certainly put a smile on my face! ;-)

Can't wait to find out what he's got up his sleeve! When you think of all the ingenuity and inventiveness of open source programmers he can call on, it must be something pretty good....


Cambo

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 03:24 PM EDT
Doh!
Cambo

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 03:25 PM EDT
Dr Drake: "my people"? does he think he's some sort of king, or prophet?

Yes, it's amazing isn't it? Some people get all religious about Unix and it's ownership.

Here's a famous piece from days gone by when it was merely rumored that AT&T would sell to Novell:

Source: From Open Systems Today, 4jan93, p4

"What they're saying about the proposed sale of Unix System Laboratories to Novell.

Dennis Ritchie (co-creator of UNIX):

And Jacob said, Sell me this day thy birthright. And Esau said, Behold, I am at the point to die: and what profit shall this birthright do to me? And Jacob said, Sewar to me this day; and he sware unto him: and he sold his birthright unto Jacob. Then Jacob gave Esau bread and pottage of lentils; and he did eat and drink, and rose up, and went his way: thus Esau despised his birthright. Genesis 25: 31-34

... lest there be any fornicator, or profane person, as Esau, who for one morsel of meat sold his birthright. For ye know how that afterward, when he would have inherited the blessing, he was rejected: for he found no place of repenetance, though he sought it carefully with tears.

Hebrews 12:16-17

Richard Stallman (Free Software Foundation):

It's not very important who owns USL; what matters is what USL is doing, and how it affects the community. AT&T got a free ride from UCB for a decade. UNIX first became popular in its Berkeley version, because of the features UCB added. The successor of AT&T, accustomed to an unearned advantage, is infuriated that UCB now aims to help everyone alike.

John Gilmore (Cygnus Support):

Novell would give Microsoft the biggest kick in the pants it had ever seen if they would fire all the USL lawyers and make the UNIX system free to everyone in source code. Suddenly, the best high-end OS would have free distribution and a huge network of support people (the Internet). Novell retains control by providing a strong central organization that defines the future of UNIX. They should be able to make $100 million a year just charging for support. Fewer lawyers and licenses and more solid work is what'll beat Microsoft. Factionalism and more legal leeching will play right into the hands...."

It's amazing that we have only managed to move the ball downfield a small distance in that amount of time:)


Harlan

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radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 03:25 PM EDT
BTW, this might have been mentioned earlier, but SCO vs IBM has made Utah's "High Profile" list, so you can download certain documents and view the case docket history directly on the web. I'm looking to see if Delaware has something similar for the RedHat case.
Paul

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 03:27 PM EDT
The SCO news today was quite funny indeed.

From that old slashdot article....

"Great! (Score:5, Insightful) by twilight30 (84644) on Thursday January 24, @01:56AM (#2891832) (http://slashdot.org/ | Last Journal: Wednesday July 16, @12:55PM)

Never would have thought Caldera would have done something as community-oriented as this, given their history of late.

However, a big thank-you from this Slashdot reader for their act. I appreciate it, and I know I'm not alone..."

You are certainley not alone, hehe


Supa

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 03:31 PM EDT
Thx, Harlan. Never paid that much attention to Unix back then.... Was still
formatting 32Mb partitions in DOS! ;-)
Cambo

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 03:49 PM EDT
Regarding the "silent majority" poll http://www.ew eek.com/poll_archive/0,3666,p=1237&bn=1,00.asp

Somebody in Utah is probably thinking, 4% of Linux X $699 = a lot of money

I guess it's also good to know that IBM's Linux budget must be bigger than I previously realized - how can they afford to pay off 96% of Linux users :-)

With all good conspiracy theories, the absence of evidence, serves as proof itself. If the saucer people and reverse vampires were *not* behind the killing of JFK, there surely would be at least one or two clues left behind that might be construed so as to (falsely in this case) implicate them. The fact there are no such publicly-known clues, proves they must have been involved, and were just really good at covering their tracks.


quatermass

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radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 03:51 PM EDT
http://www.i nfoworld.com/article/03/08/22/33NNscocode_1.html

There is a perception that SCO has not been forthcoming about its allegations, SCO CEO Darl McBride admitted. But it was a false perception, he argued. "Are we trying to conceal things? No, it's actually the other way around. We're trying to be extremely open."


quatermass

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 04:02 PM EDT
McBride is crazier than Howard Hughes was.
Z

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 04:04 PM EDT
"There is a perception that SCO has not been forthcoming about its allegations," SCO CEO Darl McBride admitted. But it was a false perception, he argued. "Are we trying to conceal things? No, it's actually the other way around. We're trying to be extremely open."

When I read this (or any of the other ...um, I'm trying to come up with the appropriate term... let's say, "statements" from McBride, I can't help but think of the quote from Greg of Columbia Internet (UserFriendly fans will recognize the name) on www.mslinux.org --- look on the left sidebar in the "what others are saying" section. Greg's quote seems appropriate to much of what's coming from SCO these days.

(Not really informational or relevant, and certainly not productive, but I figured we all could use a good laugh on Friday.)


Steve Martin

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radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 04:07 PM EDT
Here's some more humor http://www.awtrey.com/common/do lls2.jpgMy
quatermass

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 04:24 PM EDT
The translation from German is correct. But the part where Sontag is doubting Moglen's capacity as IP expert has been left out.

I almost can understand McBride's position at the interview's end; he sees the currently pervasive enforced Open-Source Communism hurting the bottom-line bigtime! It's logical but not of this world. He must be channelling Philip K. Dick!!!


El Tonno

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radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 04:42 PM EDT
I keep coming back to the basics of this case. There's NOTHING SCO can come after Linux users for.
RCU - copyright, patent IBM
SMP - copyright Alan Cox & Linux kernel team.
NUMA - IBM, SGI, Linux kernel team
JFS - copyright, patents IBM

Even if IBM broke contracts putting that material into Linux SCO still has no recourse to claim money from Linux users.

You're allowed to charge for trade secrets, copyrights, patents.
Trade secrets - Nope, nothing there that SCO can go after Linux users for
copyrights - Nope, by SCO's admissions nothing there that SCO can go after Linux users for
patents - Nope.

Has a new law been passed that would allow SCO to charge for "generic IP" ?


Sanjeev

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radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 05:15 PM EDT
Don't forget to add XFS to the mix.
Z

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radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 05:27 PM EDT
Here are two sites that will offer an insight to where SCO is coming from and where its going. Lawrence Lessig's blog covers among other things "copynorms." He is a strong advocate of open source and the importance of the public domain to innovation. Dereck Slater's blog deals with issues of copyright including "fair use." Finally, the Daily Whirl covers a broad legal blog-beat among legal professionals, theorists and educators. Included are: eLawyer Blog, GrepLaw, ethicalEsq?, ABA Law Practice Today, Ernie The Attorney, blog 702, beSpacific, Law Tech and others. Hours of great reading. I hope you enjoy these sites as much as I have. At least you will understand my concern regarding OpenSource as a public good.
PhilTR

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radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 05:47 PM EDT
PJ, I didn't see your site on the Daily Whirl :~(
PhilTR

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 06:03 PM EDT
Cambo: "...Was still formatting 32Mb partitions in DOS!"

Well the whole thing is a story of redemption after all then!


Harlan

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radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 06:23 PM EDT
> When asked for clarification on the "non-commercial" assertion, Stowell replied by e-mail, "That is what I was told by Chris Sontag."

The finger-pointing and scapegoating begins.

Bet it's going to be a pretty uncomfortable weekend around those offices.


Frank Brickle

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radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 07:18 PM EDT
Sanjeev: IBM owns U.S. Patent 6,049,853, "Data Replicating Across Nodes of a Multiprocessor Computer System", it is a solution for reducing memory access latency in a NUMA system.

SGI owns U.S. Patents 6,289,424 and 6,336,177 Method, system and computer program product for managing memory in a non-uniform memory access system.

IBM also holds 20 patents that make claims related to SMP in one form or another. For example, some only relate to microkernel systems others relate to specific hardware.

SCO doesn't even own the offices in the building they occupy.


Harlan

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radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 07:26 PM EDT
Maybe I'm over optimisitc, but could these be preparing the ground for a concession speech? Admittedly a graceless inept concession speech?

I'm thinking:

Heise: My dog ate my copy of federal copyright law.

Stowell: I didn't do it. It was Sontag.

Sontag: We owned this stuff before it was even invented.

McBride: I would have succeeded if it weren't for IBM's vast open source conspiracy.


quatermass - SCO delenda est

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radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 07:41 PM EDT
quatermass: IBM has filed counterclaims for damages to be determined at trial,
and SCO has to indemnify them for any wrongful action under para 10 of the
"breached" Amendment X. I think they only get to quit if and when
IBM or the court say that they can.
Harlan

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 08:00 PM EDT
I finally got around to reading ESR's open letter. I don't think it was too over the top. I had to re-read the part about protecting us in the community being Eric's problem (strictly in his capacity as president of OSI).

Perhaps Bruce Perens can quit looking over his shoulder now. If that's what Eric's comments really mean, then some good has come out of all this afterall...;-)

http://lists.debian.org/debian-devel/1999/debian-devel-199904/msg00197.html


Harlan

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radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 08:02 PM EDT
I was more than half joking in case that wasn't absolutely clear.

And yes, I realize SCO may not be able to get off the ride even if they might want.


quatermass - SCO delenda est

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radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 08:18 PM EDT
This just in from ImJustKidding.com!

Monica Lewinsky is suing everyone who bought a copy of "Living History." She claims that Hillary Clinton stole more than 2300 pages of material Monica had put together for her own book. She won't let anyone she her notes, but claims that you can find word for word examples in Hillary's book.

Since Simon & Schuster won't return her calls, Monica claims that they are forcing her to sue anyone who bought the book to recover earnings that are rightfully hers. She says her lawyers are currently getting sales receipts from Hastings, Waldonbooks, and Barnes and Noble, among others. Miss Lewinsky has set up a 1-800 number for owners of the book who wish to avoid a lawsuit. They can contact her media director and get a "read-only" license for only $99.95 (introductory rate only). Plans are available at a higher price for those who wish to tell their friends or familiy about the book.

She claims the fees are justified given the effort she put into watching TV and writing down notes on the interviews. Yearly renewal fees are still under consideration.

:^}


J.F.

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radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 08:20 PM EDT
http://zdnet.com.com/2100-110 4-5066642.html

Interview with Mark Heise, a partner with Boies Schiller & Flexner, which is representing SCO.

The more I read of this story the less I believe that SCO doesn't have some hidden aces and that they are acting alone. More and more it seems as if they are walking point for some other entity, some entity that can reward the risk they are taking.

With the switch in their diatribes to IP/GPL incompatibilities, to the emphasis on Microsoft interoperability in their anounced products roadmap, to the fact that Boies couldn't have not warned a prospective client from such prima facia foolishness, makes me wonder what is really going on here.

I wonder if SCO wasn't offered something along the lines of a junior partnership in the MSPalladium/Media-Conglomorate/World-Domination junta.

Folks, I am not a "crazy conspiracy therory nut" but a retired IT Director and informal student of history. I just have trouble believing that SCO and Boies didn't see their current position as the most likly outcome, and I don't believe they said to themselves lets piss on all of our Linux/UNIX peers, the fanatical OS community and the top 1500 global companies and if it all goes bad we'll just light ourselves on fire and die, they have to have more of a plan.

I sure hope they did, I sure hope they do, but it just doesn't add up to me.

mowa


Clifton Hyatt

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radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 08:29 PM EDT
quatermass: No, it's just me thinking out loud.

I wish we had a CS department somewhere that could get the University Law School to take up the cause of obtaining a Declaratory Judgment on the status of the 32V source copyright. Thousands of copies were distributed without any attribution, the registration took place 14 years later, and people were deposed in BSDI that testified that Western Electric stripped off copyright notices prior to distribution. The legal question is can anyone post one of these public domain versions? If you cutoff the Unix roots at 32V and BSD 4.3, then claims based on System V will fall under the burden of their own weight.

Oh well..


Harlan

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radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 08:41 PM EDT
Clifton Hyatt: Yes, but the case they are going to argue has to be in their
complaint, and IBM has to be permitted a proper discovery. They are simply
running out of time for springing traps or surprises.
It's just possible that the facts and the law are THAT bad.
Harlan

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radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 09:16 PM EDT
I contacted SGI in regards to their official response regarding McBride's
comments about them in c't and the unsmoking-gun code (copyrighted to SGI)
revealed at ScamForum 2003. Unfortunately, I have not yet received a
response.
Z

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 09:18 PM EDT
>[Clifton Hyatt:] The more I read of this story the less I believe that SCO doesn't have some hidden aces and that they are acting alone.

I think their problem boils down to confusing an overabundance of animal cunning with intelligence.

It's an open question whether McBride sold Canopy a bill of goods, or whether Canopy sought out McBride as their hit man. Either way, somebody neglected to do a fair bit of essential research. Combine faulty information with an overestimate of your own smarts, you wind up desperate and floundering in public. You have to wonder how that poor rookie lawyer got this mess dropped in his lap.

In any case it's very unlikely the eminence grise is Microsoft. Canopy, Canopy all the way. There is no "SCO." If there is any mistake in the current backlash coming from the Open Source Community, it's in attributing any sort of independent agency to the SCO management.


Frank Brickle

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radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 09:23 PM EDT
One mo' time.
"Why blame conspiracy, when stupidity will suffice?"
Add desperation, SCOG's UnixWare sales were tanking,
and their "Linux business model" had failed, and
arrogance, and hubris you will get a nice combination,
indeed.
D.

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 09:44 PM EDT
McBride: "I have done as you asked, My Master."

Microsoft: "Excellent, my friend. Everything is going according to plan."


Z

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 10:08 PM EDT
>[Clifton Hyatt:] The more I read of this story the less I believe that SCO doesn't have some hidden aces and that they are acting alone. << I thought (and have been thinking) this for a while.
We can all only proceed on the publicly available info.

AFAICT the 'hidden ace theory' does not fit with much of SCO's behavior.
Why go to such great lengths to alienate most of the IT world if you could win the IBM suit, then use that financial windfall to go after Linux licensing at a leisurely pace, with a win against IBM as precedent?

Why go to such lengths to hide "the aces" when you KNOW that a court will eventually ask about mitigation?

Why all the trial balloons, sending random crap out there (invalid GPL, pregnant cow defense, etc....) if they have some "aces"?

Why all the [ looks-like ] stock pumping? Why go for the world press - releases - per - day record?

The one explanation that does fit their behavior is the 'over - reaching IP grab, using flimsy, tenuous contractual claims and lots of FUD.' (see below for an expansion of this)

|| It's an open question whether McBride sold Canopy a bill of goods, or whether Canopy sought out McBride as their hit man.
||

I think Ransom Love gave McBride the current position, and from what I've been hearing he got that position because of the Noorda/Novell connection.

Regardless, McBride and Canopy have both chortled gleefully about their gaming-the-legal-system skills ( just ask Forbes).


Sanjeev

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radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 10:52 PM EDT
Sanjeev,

One mo' time...


D.

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 11:17 PM EDT
>[Clifton Hyatt:] The more I read of this story the less I believe that SCO doesn't have some hidden aces and that they are acting alone. <

The more I read this comment, the less I understand it.

Are you saying that after reading a lot you DO believe that they have hidden aces and ARE acting in concert with someone, or that you DON'T believe that they have hidden aces and AREN'T acting in concert with someone? There are simply too many negative clauses in that sentence for my poor little brain to cope with..

M


M

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Friday, August 22 2003 @ 11:36 PM EDT
The best reason NOT to assume stupidity and think through all the ins - and - outs is that the BEST negotiators play dumb. You never know if they really are stupid or just faking you out.
The safest course is to believe they are really, really smart and are acting dumb.
If they do in the end turn out to be dumb you've over-prepared, That's A GOOD THING(TM)
If they do in the end turn out to be really smart, you've prepared adequately and you've thrown their game off. Again, A GOOD THING(TM)

Besides, D, Why assume stupidity when conspiracy makes a better complaint in the eyes of SEC FBI FTC DOJ ???????


Sanjeev

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radiocomment
Authored by: Anonymous on Saturday, August 23 2003 @ 01:52 AM EDT
M, thanks for the chuckle. That was one crazy sentence. I was saying I AM starting to wonder if they have a hidden agenda and alliance.

D, because sometimes it's NOT just stupidity and if I stop there the truth and best course of action can be missed.


Clifton Hyatt

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Saturday, August 23 2003 @ 03:56 AM EDT
IBM doesn't seem too worried about SCO winning

The analyst who covers their firm and put a Strong Sell recommendation, doesn't seem too woried about SCO winning

Canopy who let Sun have options at $1.83, and bought Vultus in a stock deal, doesn't seem too worried about SCO winning

SCO executives don't seem too worried about SCO winning. If I had shares in a company that would massively go up big time when the company won a law suit, I wouldn't sell, tax liability or not - I get a 2nd mortgage on my home, or even sell my home to pay my tax bills and live in my car.

And if SCO thought they were going to win on the code issues, all the non-Aces they played in the media could still come back to haunt them as regards IBM's counterclaims and Red Hat's suits


quatermass - SCO delenda est

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Saturday, August 23 2003 @ 04:28 AM EDT
> I wish we had a CS department somewhere that could get the University Law School to take up the cause of obtaining a Declaratory Judgment on the status of the 32V source copyright

I'm surprised the University of California hasn't said anything. Maybe they will now that SCO has claimed the BBF - or maybe I'm just dreaming.


quatermass - SCO delenda est

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Saturday, August 23 2003 @ 06:00 AM EDT
From Yahoo SCOx message board: I don't think that it's as simple as being forgetful, or fading away. The sufferer's identity gets eroded, he can't communicate with the outside world and gets he increasingly frustrated, angry, lonely and fearful. He knows that things are going wrong but there's nothing he can do, the process is irreversible and it's more powerful than him. He feels trapped and isolated and it makes the the ever-briefer moments of lucidity feel even more painful.

But enough about Darl McBride. You were saying about Alzheimer's?


Greg T Hill

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Saturday, August 23 2003 @ 06:48 AM EDT
quartermass and Clifton, SCO has said from the begining *wha*" they are going after and
*how* they're going to get it. It's all about "intellectual property rights." Plain
and simple. You have to look at how the courts have evolved in their treatment of
intellectual property over the years. Intellectual property is being treated less like
a "public good" and more like a "private good (tangible property.") SCO is taking advantage
of this trend. The landscape is markedly different from the days of the USL v BSDI decission.

It doesn't matter *as much,* now, that the code was written after 1976. SCO's theory is
that it's all UNIX'ness and since they own UNIXN'ness intellectual property and since
the OpenSource community is creating UNIX'ness (counterfiting/knockoff) of what they want
us to believe is their intellectual property, everyone in their view must pay them

In SCO's view, it doesn't matter *how* hard coders worked. These coders, in their view,
were infringing. Another way to put it is if SCO claimed ownership of Cadillac'ness. As long
as you made cars with cadillac'ness you'd be infringing. They'd claim that it doesn't
matter that your cadillac'ness had better tires, shocks, springs, windows, a nifter steerig
wheel, etc. Its still cadillac'ness. The only way you could get around them would be to
create and own Bently'ness or Rolls Royce'ness, or at least create that impression. After all
looks mean everything.

This is not such a far fetched theory when you consider the evolution of the courts and the
DMCA which treats intellectual property even more like a private good. Further, as I mentioned
elsewhere, when a property is treated like a private good the onus is removed from the owner
to bring proof forth and placed on the user. Also because of "market failure" rational for
Sony, a much higher threshold must be overcome before the public good test can be brought to
bare.

Open Groups desire to develop an open source business model would put the last nail in the
OpenSource communities coffin if they *patented* the approach as a business method. Open source
development by the OpenSource community would have to cease lest patent infringment take place.

I feel strongly that the OpenSource community through one of its agents *must* patent the open
source method itself using a similar approach as the GPL. This would be a very powerful tool
to bring to bare against the SCO's and M$'s of the world and at the same time protect the
the community and alow it to grow and mature.


PhilTR

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Saturday, August 23 2003 @ 07:09 AM EDT
Phil, what have you been smoking?

About patenting the open source methodology... I think we're 18 years late with it as prior art exists as documented here: http://www.gnu.org/gnu/manifesto.ht ml

About copyrights: I think that American judges are more sensible that Congress. And Congress is more sensible than the *AA's.


MathFox

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Saturday, August 23 2003 @ 08:05 AM EDT
MathFox, I wish I had your optimism. Unfortunately I don't see the courts favoring open
source and with the likes of Howard Berman and others in Congress, I'd say the case was
lost. Both the courts and congress are driving hard to imbue intellectual property and its
accompanying ownership characteristics with the same benefits as real property.

Prior art is being eroded by the CTEA and the DMCA both pulling material from the public
domain placing same once again under copyright law.

I tried to make the argument that CSS in effect granted copyright inperpetuity to my
congressman Richard Shelby. He gave me the standard SCO intellectual property line in return.
I think they wrote it for him. He never addressed my concern. Frustrating to say the least.
To say the least I think the RIAA and MPAA have made life easier for the likes of SCO and
others. The courts are doing their best to help out. Check out Lawrence Lessig's blog and Derek Slaters's blog
to get a sense of things to come. It's not pretty. To say it's going to be an uphill fight would
be an understatement.

As far as patenting the open source development method, Bruce Perens has
inadvertantly already exposed the OpenGroup's intentions with his position paper.

MathFox, as I said, I'm not as optimistioc as you. I hope your right but, I dunno.


PhilTR

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Saturday, August 23 2003 @ 10:09 AM EDT
I am sure that I see things from a different angle, on our side of the Atlantic we're working hard to prevent stupidities like software patents and EUCD. SCO vs IBM is a Utah battle and fallout will be contained to the region.

The Open Source movement doesn't need US contributions to continue growing. We sincerely appreciate all the work that was and is done in the US, but open source development is happening all over the world now and the potential in countries as India and China is far larger than in the US. (India and China can afford $200 computers, but not $600 Operating Systems.)

Awareness of copyright and patent issues is rising in both the US and the EU. In Europe the Open Source movement is starting to get backing from politicians. Lobbying has started in Europe. GNU/Linux/Gnome/KDE is coming out of the nerd closet and starts getting mainstream.

First they ignore you
Then they laugh at you
Then they fight you
Then you win

Ghandi. Guess where we are now. :-)


MathFox

[ Reply to This | # ]

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