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 | # ]
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Authored by: Anonymous on Friday, August 22 2003 @ 12:54 PM EDT |
yup. pj[ Reply to This | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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Authored by: Anonymous on Friday, August 22 2003 @ 01:33 PM EDT |
Oops I meant laugh MajorLeePissed[ Reply to This | # ]
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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 | # ]
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Authored by: Anonymous on Friday, August 22 2003 @ 01:36 PM EDT |
This just in from the silent
majority. Paul[ Reply to This | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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Authored by: Anonymous on Friday, August 22 2003 @ 03:24 PM EDT |
Doh! Cambo[ Reply to This | # ]
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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[ Reply to This | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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[ Reply to This | # ]
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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 | # ]
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Authored by: Anonymous on Friday, August 22 2003 @ 04:02 PM EDT |
McBride is crazier than Howard Hughes was. Z[ Reply to This | # ]
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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[ Reply to This | # ]
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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 | # ]
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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[ Reply to This | # ]
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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[ Reply to This | # ]
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Authored by: Anonymous on Friday, August 22 2003 @ 05:15 PM EDT |
Don't forget to add XFS to the mix. Z[ Reply to This | # ]
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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[ Reply to This | # ]
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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 | # ]
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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[ Reply to This | # ]
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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[ Reply to This | # ]
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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[ Reply to This | # ]
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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[ Reply to This | # ]
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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 | # ]
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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
a> Harlan[ Reply to This | # ]
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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[ Reply to This | # ]
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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.[ Reply to This | # ]
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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[ Reply to This | # ]
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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[ Reply to This | # ]
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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[ Reply to This | # ]
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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 | # ]
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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[ Reply to This | # ]
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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 | # ]
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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 | # ]
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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[ Reply to This | # ]
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Authored by: Anonymous on Friday, August 22 2003 @ 10:52 PM EDT |
Sanjeev,
One mo' time... D.[ Reply to This | # ]
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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 | # ]
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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[ Reply to This | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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 | # ]
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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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