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Judge orders SCO, IBM to produce disputed code
By NewsForge Staff
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March 03, 2004 (8:00:00 AM)
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<Version1: work in progress>
A court ruling by Judge Brooke C. Wells in the SCO Group vs. IBM intellectual property lawsuit amounting to "show me the code" was released Wednesday -- in the form of a nine-page pdf document. For a change, the SCO Group had no comment, because Judge Wells told it not to issue any.
In her ruling, the judge wrote that SCO hasn't produced enough proof to back up its allegations that IBM moved proprietary Unix software to new Linux systems. SCO Group filed its $5 billion lawsuit against Big Blue nearly one year ago, on March 6, 2003.
"In keeping with Magistrate Judge Wells' wishes, The SCO Group will not be making comments on this ruling at this time," SCO said in an email to the media announcing the ruling.
The judge's ruling included these key statements:
- As previously ordered, SCO is to provide and identify all specific lines of code IBM is alleged to have contribute to Linux from either AIX or Dynix. This is to include all lines of code that SCO can identify at this time.
- SCO is to provide and identify all specific lines of code from Unix System V from which IBM's contributions from AIX or Dynix are alleged to be derived.
- SCO is to provide and identify with specificity all lines of code in Linux that it claims rights to.
- SCO is to provide and identify with specificity the lines of code that SCO that SCO distribute to other parties. This is to include where applicable the conditions of release, to whom the code was released, and the date and under what circusmstances such code was released.
"SCO should use its best efforts to obtain relevant discovery from the Linux contributions that are known to the public, including those contributions publicly known to be made by IBM. IBM, however, is hereby ordered to provide to SCO any and all non-public contributions it has made to Linux," the court said.
SCO has not complied with the court's first order issued on Dec. 12, 2003, to "provide and identify specific lines of code that IBM has alleged to have contributed to Linux or Dynix." SCO had been ordered to provide these lines of code within 30 days (by Jan. 12, 2004) but did not do so. In a separate hearing on the matter held Feb. 6, SCO was able to convince the court that it is proceeding in good faith, and the court lifted its 30-day discovery stay.
As a result of this newest court order, SCO now has another 45 days, or until April 17, to produce the disputed lines of code and explain them clearly to the court.
Comments
on Judge orders SCO, IBM to produce disputed codeNote: Comments are owned by the poster. We are not responsible for their content.
The best way to make sure someone can hang themselves is to give them enough rope.
It is high time to sue SCO to its ground and find out which Evil Empire is funding this evil beast<nobr> <wbr></nobr>...looks like Evil Empire from Redmond day by day.
You Americans TALK a good game of being soooo righteous and democratic yet ONLY in the USA could SCO get away with this. Now the Judge gives SCO yet another 45 days!? Talk about an incredibly inept, corrupt and completely useless system. During this time SCO can continue to bring lawsuit after lawsuit to 3rd parties (like AutoZone) and 'twist' it as a problem with Linux - It really makes me sick. There is a legal saying in Canada (which first year law students can recite). It goes "The right to swing my arm ends where my neighbors nose begins". Apparantly USA and Judge Wells can't figure that out. How much damage to Linux businesses have to be inflicted before you guys GET A CLUE.
You say that as if there's anything we can do about it.
He says this as if there's anything _he_ can do about it.
Malcolm X did it, RMS and Chomsky still are doing it, and so can you! Besides, as Solzhenitsyn wrote about Soviet Russia, if you are too weak or to afraid to change the system - at least DO NOT LET IT SURVIVE IT THROUGH YOU. Please read this short essay here:
http://www.columbia.edu/cu/augustine/arch/solzhen<nobr>i<wbr></nobr> tsyn/livenotbylies.html
and you will see that there is *always* something ou can do about it.
defeat is a temporary condition - only surrender makes it permanent
http://www.columbia.edu/cu/augustine/arch/solzhen<nobr>i<wbr></nobr> tsyn/livenotbylies.html
and you will see that there is *always* something ou can do about it.
defeat is a temporary condition - only surrender makes it permanent
File not found, dude. But you, he, is right -- we can do something about it. Our judicial system is corrupt, but we can demand reform and put pressure on our representatives, senators and the president. We may on our way to being an anti-democratic corporopoly, but we ain't there yet.
<A HREF="http://www.columbia.edu/cu/augustine/arch/solzhenitsyn/livenotbylies.html" TITLE="columbia.edu">http://www.columbia.edu/cu/augustine/arch/solzhen<nobr>i<wbr></nobr> tsyn/livenotbylies.html</a columbia.edu>
there is no space in the URL
there is no space in the URL
Then there's those of us who get screwed over with this stinking system and can't fix it because we don't have the millions needed to buy it.
About the only good thing left about this system is that it wasn't always messed up. There was a time, when this system was first put into place, that it actually fixed more wrongs than what it created.
About the only good thing left about this system is that it wasn't always messed up. There was a time, when this system was first put into place, that it actually fixed more wrongs than what it created.
The wheels of justice turn slowly in America. Yes, it's often frustrating, but then again I don't think I'd want to live in a society where justice was always dispatched quickly and in tune with public opinion (think of witch trials in colonial America). I don't see how this represents corrupt or fraudulent behavior on behalf of the judges and public officials, it's just slowness, period.
LOL<nobr> <wbr></nobr>... Bravo<nobr> <wbr></nobr>.. Braaaaavo, yes there is always at least one of you who tries this ridiculous argument. At least your fellow Americans can acknowledge their is a serious problem. News flash: You are not the only democratic country of the world. Their are others more democratic than yours where this crap doesnt go on. You are blinded by your own patriotism to the point you can't see the forest from the trees. No matter - You just keep the faith. Ponder Pallidium, SCO, DMCA, RIAA, software patents, and the Fritz chip while standing proudly, hand over heart singing "God Bless America"<nobr> <wbr></nobr>... Bravo!
Yeah, your posts take a lot of guts. You're not going to tell anyone where you come from so you can bash the US over some truly random list of problems (read that list of yours again, makes me laugh).
You're right, the US is a democratic republic but it is not a pure democracy. Voters choose the President, congressmen, governors, mayors and other officials but they don't pick the judges, for example, and usually can't decide individual laws (except referendums). Our constitution has lots of checks and balances against tyrannies of any kind, including the "tyranny of the majority" looking to deprive others of their rights. We like it here. You're more than welcome to stay where you are in your wonderfully just anonymous country.
You're right, the US is a democratic republic but it is not a pure democracy. Voters choose the President, congressmen, governors, mayors and other officials but they don't pick the judges, for example, and usually can't decide individual laws (except referendums). Our constitution has lots of checks and balances against tyrannies of any kind, including the "tyranny of the majority" looking to deprive others of their rights. We like it here. You're more than welcome to stay where you are in your wonderfully just anonymous country.
"Voters choose the President, congressmen, governors, etc..."
Think again, you ignorant moron!
Corporate fascism now runs America, and they own and control politics and the American "justice" system.
And these corporate fascists will soon make Stalin and Hitler look like nice guys.
Wake up people!!!
Think again, you ignorant moron!
Corporate fascism now runs America, and they own and control politics and the American "justice" system.
And these corporate fascists will soon make Stalin and Hitler look like nice guys.
Wake up people!!!
Very <A HREF="http://www.canoe.ca/CNEWSLaw0203/17_loophole-cp.html" TITLE="canoe.ca">righteous and democratic indeed</a canoe.ca>.
Why does it take righteous and democratic canadian first year law student to recite such a simple sentence? Are the other canadians too busy <A HREF="http://slashdot.org/comments.pl?sid=71780&cid=6487817" TITLE="slashdot.org">trampling the civil rights of their fellow canadians</a slashdot.org> to recite such a simple sentence?
Why does it take righteous and democratic canadian first year law student to recite such a simple sentence? Are the other canadians too busy <A HREF="http://slashdot.org/comments.pl?sid=71780&cid=6487817" TITLE="slashdot.org">trampling the civil rights of their fellow canadians</a slashdot.org> to recite such a simple sentence?
[sarcasm] Yeah good one [/sarcasm]
just curious: what do es this have to do with the court decision or the drivel that started this thread?
I get tired of this anti American crap all the time and I am not American, I'm Australian. America is a great nation, to say otherwise is to deny reality. I am not saying everything is great over there but hell there is not that much of a fundamental difference in values between all western countries like Britain, Canada, Australia, US etc to justify that level of anti Americanism. We all share common culture, history and values and the rest is petty differences.
Spoken like a true friend and ally of USA and a very realistic opinion too. I'm just glad this bozo doesn't speak for all of Canada.
And I'm getting sick of the younge sheep here who can't form their own opinion and only that of the drivel that spills from the mouth of those that bitch the loudest. The anti-Americanism is mostly only carried by the young street punks that live here. Anyone with half-a-brain and a little REAL WORLD EXPERIENCE knows that the US isn't what sensational media makes it out to be.
Sure, shit can be bad there, but tell me one place in the world that doesn't have it's problems. The real deal is the US exports a lot of news, not like any other country in the world. When something happens, there are news feeds all over the world about what's happening in and with the US. And we all know how media is, they focus on the things that bring viewership so they can get advertising dollars. And what gets the viewers attention the most? Morbid, sensational, bad news. What about the good news? Do you care to even look? Didn't think so.
Lest you forget what the US has done for others. Where would Europe be right now if it weren't for the US? How about the rest of the world about the decade ago when the only market that wasn't in stagnation was the US providing the only pull that brought any of the rest of the world out of their finacial slump? How about all those earthquake, flood, huricane, famine, epidemic, and repressed people that have gotten help from the generosity of the US?
When the US had it's massive flood, did it see on *bleep*ing cent from ANYONE?! Including Canada?
Put that in your peace pipe and smoke it. Hope it tastes good.
The US has massive problems. I'm a dually, I have an American parent, and I know my other home has problems. But the same is going on here. How about the RIAA in the US being mirrored right here. We were kinda lucky a fair use law was passed that made downloading kinda legal, but they are going after the uploaders and ARE GOING TO CHANGE THE LAW SO IT IS MORE FRIENDLY TO THEIR STYLE OF LAWSUITS. So don't be do freaking smug. Canada is doint the samething.
And to any other patriotic Canadian out there. Is it so easy to forget about the huge scandals going on here? Hmmmm? It seems to me the recent news seems to indicate corruption to the N'th degree going all the way to the top. Hmmm? Yeah, Canada is pure as the driven snow.
And I look, and I see, people are all the same everywhere. So he who is without sin, cast the first stone. Would that be the UK? Or Russia? Or France? Or Japan? Or South Africa? Or anywhere? Right. I dare you to speak up and to remove all doubt you are a fool.
Instead of pointing fingers, how about looking in mirrors.
And it seems to me Linux has suffered very little in this case as has gained/will gain much. So don't try to focus this into you hidden bitter agenda with the US from the truth that the trial is going quite well.
Think. There is no better advertisement than advertisement like this. I'm talking to people about Linux that wouldn't otherwise have a clue what a Linux was. People, who before, knew that I favored Linux but didn't even know that Linux was an operating system. But they are coming to me and telling me stuff I knew years ago like this is something I need to know. I love it.
And what about Groklaw? It was SCO BS that birthed it.
And what about giving Linux validity? We know SCO is full of it. This is going to prove that Linux is produce in good faith, and if there is copying, it is minimal and marginal.
And this is going to help protect Linux from future attacks by pointing weaknesses we need to fix, and to test the GPL in the US courts.
And anyone who has any incling to what is going on knows full well that the case is being deliberately stretched out by IBM to let SCO burn every bridge it has to an appeal when the will eventually lose.
It's not only SCO that's dragging this out, but someone who has a vested interest in seeing this through, completely, and thoroughly.
So piss off you trolls. When have something helpful and relevant to say, and when you've matured enough, poke your heads out of your holes and join the responisible part of humanity.
Sure, shit can be bad there, but tell me one place in the world that doesn't have it's problems. The real deal is the US exports a lot of news, not like any other country in the world. When something happens, there are news feeds all over the world about what's happening in and with the US. And we all know how media is, they focus on the things that bring viewership so they can get advertising dollars. And what gets the viewers attention the most? Morbid, sensational, bad news. What about the good news? Do you care to even look? Didn't think so.
Lest you forget what the US has done for others. Where would Europe be right now if it weren't for the US? How about the rest of the world about the decade ago when the only market that wasn't in stagnation was the US providing the only pull that brought any of the rest of the world out of their finacial slump? How about all those earthquake, flood, huricane, famine, epidemic, and repressed people that have gotten help from the generosity of the US?
When the US had it's massive flood, did it see on *bleep*ing cent from ANYONE?! Including Canada?
Put that in your peace pipe and smoke it. Hope it tastes good.
The US has massive problems. I'm a dually, I have an American parent, and I know my other home has problems. But the same is going on here. How about the RIAA in the US being mirrored right here. We were kinda lucky a fair use law was passed that made downloading kinda legal, but they are going after the uploaders and ARE GOING TO CHANGE THE LAW SO IT IS MORE FRIENDLY TO THEIR STYLE OF LAWSUITS. So don't be do freaking smug. Canada is doint the samething.
And to any other patriotic Canadian out there. Is it so easy to forget about the huge scandals going on here? Hmmmm? It seems to me the recent news seems to indicate corruption to the N'th degree going all the way to the top. Hmmm? Yeah, Canada is pure as the driven snow.
And I look, and I see, people are all the same everywhere. So he who is without sin, cast the first stone. Would that be the UK? Or Russia? Or France? Or Japan? Or South Africa? Or anywhere? Right. I dare you to speak up and to remove all doubt you are a fool.
Instead of pointing fingers, how about looking in mirrors.
And it seems to me Linux has suffered very little in this case as has gained/will gain much. So don't try to focus this into you hidden bitter agenda with the US from the truth that the trial is going quite well.
Think. There is no better advertisement than advertisement like this. I'm talking to people about Linux that wouldn't otherwise have a clue what a Linux was. People, who before, knew that I favored Linux but didn't even know that Linux was an operating system. But they are coming to me and telling me stuff I knew years ago like this is something I need to know. I love it.
And what about Groklaw? It was SCO BS that birthed it.
And what about giving Linux validity? We know SCO is full of it. This is going to prove that Linux is produce in good faith, and if there is copying, it is minimal and marginal.
And this is going to help protect Linux from future attacks by pointing weaknesses we need to fix, and to test the GPL in the US courts.
And anyone who has any incling to what is going on knows full well that the case is being deliberately stretched out by IBM to let SCO burn every bridge it has to an appeal when the will eventually lose.
It's not only SCO that's dragging this out, but someone who has a vested interest in seeing this through, completely, and thoroughly.
So piss off you trolls. When have something helpful and relevant to say, and when you've matured enough, poke your heads out of your holes and join the responisible part of humanity.
I fail to see how hurling blanket insults gives you moral superiority.
Real change is hard. Even when there is concensus, when there is no concensus it is even harder, and slower.
BTW<nobr> <wbr></nobr>... You seem to hate America, don't be shocked if you find hate reflected back to you from the Americans you just insulted. Freedom of speech is not freedom from consequence.
Always talking smack but their economy is dependent on USA and dwarfed by it. "Oh, things are so much *better* in Canada, here you can marry a goat and smoke pot all you want, and get free health care, if you don't die before your doctor's appointment 2 years from now"
I'm so sick of american bashing. You guys haven't any room to talk, you're totally dependent on USA's economy, military, and as a trading partner.
I'm so sick of american bashing. You guys haven't any room to talk, you're totally dependent on USA's economy, military, and as a trading partner.
Hopeless...!
http://www.guardian.co.uk/uselections2004/story/0<nobr>,<wbr></nobr> 13918,1162151,00.html
Today's America is a long way from being what is was meant to be.
Maybe if there is so much America bashing, it's because we're all witnessing the great American ideal being destroyed by non-American evil bastards (MS, SCO, Bush, etc...), and we're both disapointed and very worried about the way America is going.
It is true that Canada is America's spare tire, but most Americans have no idea about the contempt with which corporate America treats it's best friend, and the ensuing economic chaos it causes.
http://www.guardian.co.uk/uselections2004/story/0<nobr>,<wbr></nobr> 13918,1162151,00.html
Today's America is a long way from being what is was meant to be.
Maybe if there is so much America bashing, it's because we're all witnessing the great American ideal being destroyed by non-American evil bastards (MS, SCO, Bush, etc...), and we're both disapointed and very worried about the way America is going.
It is true that Canada is America's spare tire, but most Americans have no idea about the contempt with which corporate America treats it's best friend, and the ensuing economic chaos it causes.
everybody who makes blanket statements like that is an idiot. at least try to differentiate a bit
"The right to swing my arm ends where my neighbors nose begins"
Believe it or not, there's a fair number of people who believe the American equivelant, "Your rights end where my rights begin". Unfortunately, they're not the majority. The majority of Americans, while honest, hardworking people are easily distracted by Gerry Springer reruns and believe everything the media tells them, without checking the truth.
Believe it or not, there's a fair number of people who believe the American equivelant, "Your rights end where my rights begin". Unfortunately, they're not the majority. The majority of Americans, while honest, hardworking people are easily distracted by Gerry Springer reruns and believe everything the media tells them, without checking the truth.
You are likely not aware of the fact that the reason that SCO is getting away with this scandalous behavior is the fault of rich-left-wing lawyers who have virtual control of all of the levers of power in the Democratic party. These rich assholes got their money from fradulent lawsuits. Any time people try to change the situation, their efforts meet with failure because the lawyer scum control the Democrats and even some of the Republicans. Thus, real reforms are never made.
But seeing as you are likely a socialist, I'm sure you never bothered to realize that the problem was caused by your ideological brethren.
But seeing as you are likely a socialist, I'm sure you never bothered to realize that the problem was caused by your ideological brethren.
Yet another idiot heard from. "Trial lawyer" does not equal left-wing. If "greedy" means "socialist", I'd like to introduce you to a few dozen prime examples of corporate-capitalist CEO socialists. Finally, Anti-American does not equal socialist. Try to remember that Rush works high, and you might actually develop some critical faculties. Or, just go on throwing the "left-wing" and "socialist" label at everyone and everything that angers you, if that works for you.
To begin with, I agree this probably should have been the end of SCO's complaint against IBM and the beginning of IBM's punishment of SCO. A lot of money, and the future of an important industry is at stake, so maybe the judge is nervous and cautious. To her credit, she did tell SCO to shut up in the meantime. And, jeez, are you really short, or have a really tiny penis or something? The topic here is not Iraq, or Bush, or American hegemony. It's one procedural decision by one judge. Try to get a grip, eh.
Microsoft is behind all this http://www.gadgetopia.com/2003/11/07/DetailsOfMic<nobr>r<wbr></nobr> osoftsFundingOfSCO.html
Linux and all gpl programs have been open source ever !!! But SCO Unix was never open source !!!
So, philosophically, it is impossible to SCO prove that Linux reproduce pieces of its code !
Even the claiming that former SCO workers let SCO with some code into their pockets (code SCO claims was inserted into Linux) is impossible to sustain. How does SCO intend to prove that SCO itself did not copy the code firstly from the OPEN SORCE Linux ?
And finishing; SCO has no rights to prosecute anyone by use Linux just because SCO ITSELF distributed Linux for years ! In the very end SCO will be prosecuted by foment a crime !
So, philosophically, it is impossible to SCO prove that Linux reproduce pieces of its code !
Even the claiming that former SCO workers let SCO with some code into their pockets (code SCO claims was inserted into Linux) is impossible to sustain. How does SCO intend to prove that SCO itself did not copy the code firstly from the OPEN SORCE Linux ?
And finishing; SCO has no rights to prosecute anyone by use Linux just because SCO ITSELF distributed Linux for years ! In the very end SCO will be prosecuted by foment a crime !
Uh, you forgot that Linux source is publically available, and that SCOX has access to it's own source code. They can run their own compairsons.
This contraversy here isn't if SYS V code is in Linux or not. There are some common source here, but it's from non-copyrighted sources as Alan Cox and others have shown. Things like what error number is returned when there is an error. Others have stated that such snips of code are not only not copyrighted (due to publication with out a notice at a time when such notices were required), but that copyright law doesn't allow that type of code to be copyrighted at all. (The interoperable exception to copyright for computer code.)
The big flap is that the V32 Unix Sys V licence said, basically, that you can't contribute YOUR OWN MODIFIED SOURCE to others. That was back when AT&T owned Unix. Later, in the $echo, a newsletter run by AT&T, AT&T came back and said they didn't mean source you owned couldn't be contributed elsewhere, but that any of AT&T code your modified code containted couldn't be contributed.
As an example, suppose that the V32 AT&T code had:
printf ('Hello world')
and you came along and added
printf ('It is a nice day!')
You could release how you liked 'It is a nice day', but not 'Hello World', which is reasonable.
As originally written, the V32 license said you couldn't even release 'It is a nice day', which is stupid.
Of course, my examples here are grossly simplified.
Now, it gets a bit more complicated. Old SCO, Novell says, only bought the right to collect the fees for Unix System V, not the copyrights. The agreement seems to back that up, because Old SCO (and SCOX) are required to pay 95% of the collected fees back to Novell. The agreement also says that Novell has the right to ORDER SCOX to modify license agreements. Novell has done so, telling SCOX to honor the $echo explanation of source licensing. SCOX failed to do so. Then the next part of the agreement allows Novell to alter the license if SCO (and their sucessors in interest, in this case SCOX)failed to do so on their behalf. Which Novell has done.
Bottom line here is that there is just enough complication and things to make this dog hunt in court, but not for very long. The biggest complications are:
1. SCOX is not SCO. SCOX is "New SCO", owned by Canopy Group.
2. Some of old Unix code was placed in the public domain because it lacked copyright notices when published. At the time of publication, that was enough to lose the protection. This is all tied up in BSD Unix and AT&T Unix suit, which was settled out of court and the record sealed, so there are things here that the general public doesn't know.
3. SCOX thinks it bought the copyrights for Sys V from Novell. Novell says no, you didn't, you only got the right to collect the fees on our behalf. SCOX is suing Novell over this point too.
4. SCOX is going after people (AutoZone and Diamler Chrysler) for violation of their copyrights. This is like suing people that purchased a book at a book store for copyright violation because the printer didn't have permission to print that copyrighted work. I suspect that this won't hold up, because the purchaser of the work has no way of knowing if the copyright was honored by the publisher (RedHat) or not. SCOXs beef here is with RedHat, not the end user. (And RedHat is suing SCOX here too.)
Ultimatly, this will be decided in favor of Open Source unless a lot of judges want to throw out a lot of case law. Judges don't like to do that. It would appear that SCOX is suing left right and center to force some big player (like IBM) to buy them out and make this whole thing go away. In fact, SCOX approched IBM to ask that IBM buy their company out before this whole mess started. They asked for a billion dollers, if I recall correctly, and IBM said they weren't interested. Then the suits started... I think the end user suits may be an extension of the buyout plan. So far all the people SCOX has filed suit against could come up with the money to buy SCOX. See the agreement between SCOX and their attorneys, which says the attorneys will get a big chunk of change if SCOX gets bought out.
That could make some sense to people desperate to re-coop their losses in a company that is tanking, but it's also stupid too. If they have the money to buy you, they also have the money to burn you to a cinder in court if you don't have all your ducks in a row. So far, I've not heard anyone with an ounce of knowlege of the facts accuse SCOX of having their ducks in a row.
As always, I am not an attorney. These are my opinions. I do not have access to any information not published. I do not own stock in any of the companies.
This contraversy here isn't if SYS V code is in Linux or not. There are some common source here, but it's from non-copyrighted sources as Alan Cox and others have shown. Things like what error number is returned when there is an error. Others have stated that such snips of code are not only not copyrighted (due to publication with out a notice at a time when such notices were required), but that copyright law doesn't allow that type of code to be copyrighted at all. (The interoperable exception to copyright for computer code.)
The big flap is that the V32 Unix Sys V licence said, basically, that you can't contribute YOUR OWN MODIFIED SOURCE to others. That was back when AT&T owned Unix. Later, in the $echo, a newsletter run by AT&T, AT&T came back and said they didn't mean source you owned couldn't be contributed elsewhere, but that any of AT&T code your modified code containted couldn't be contributed.
As an example, suppose that the V32 AT&T code had:
printf ('Hello world')
and you came along and added
printf ('It is a nice day!')
You could release how you liked 'It is a nice day', but not 'Hello World', which is reasonable.
As originally written, the V32 license said you couldn't even release 'It is a nice day', which is stupid.
Of course, my examples here are grossly simplified.
Now, it gets a bit more complicated. Old SCO, Novell says, only bought the right to collect the fees for Unix System V, not the copyrights. The agreement seems to back that up, because Old SCO (and SCOX) are required to pay 95% of the collected fees back to Novell. The agreement also says that Novell has the right to ORDER SCOX to modify license agreements. Novell has done so, telling SCOX to honor the $echo explanation of source licensing. SCOX failed to do so. Then the next part of the agreement allows Novell to alter the license if SCO (and their sucessors in interest, in this case SCOX)failed to do so on their behalf. Which Novell has done.
Bottom line here is that there is just enough complication and things to make this dog hunt in court, but not for very long. The biggest complications are:
1. SCOX is not SCO. SCOX is "New SCO", owned by Canopy Group.
2. Some of old Unix code was placed in the public domain because it lacked copyright notices when published. At the time of publication, that was enough to lose the protection. This is all tied up in BSD Unix and AT&T Unix suit, which was settled out of court and the record sealed, so there are things here that the general public doesn't know.
3. SCOX thinks it bought the copyrights for Sys V from Novell. Novell says no, you didn't, you only got the right to collect the fees on our behalf. SCOX is suing Novell over this point too.
4. SCOX is going after people (AutoZone and Diamler Chrysler) for violation of their copyrights. This is like suing people that purchased a book at a book store for copyright violation because the printer didn't have permission to print that copyrighted work. I suspect that this won't hold up, because the purchaser of the work has no way of knowing if the copyright was honored by the publisher (RedHat) or not. SCOXs beef here is with RedHat, not the end user. (And RedHat is suing SCOX here too.)
Ultimatly, this will be decided in favor of Open Source unless a lot of judges want to throw out a lot of case law. Judges don't like to do that. It would appear that SCOX is suing left right and center to force some big player (like IBM) to buy them out and make this whole thing go away. In fact, SCOX approched IBM to ask that IBM buy their company out before this whole mess started. They asked for a billion dollers, if I recall correctly, and IBM said they weren't interested. Then the suits started... I think the end user suits may be an extension of the buyout plan. So far all the people SCOX has filed suit against could come up with the money to buy SCOX. See the agreement between SCOX and their attorneys, which says the attorneys will get a big chunk of change if SCOX gets bought out.
That could make some sense to people desperate to re-coop their losses in a company that is tanking, but it's also stupid too. If they have the money to buy you, they also have the money to burn you to a cinder in court if you don't have all your ducks in a row. So far, I've not heard anyone with an ounce of knowlege of the facts accuse SCOX of having their ducks in a row.
As always, I am not an attorney. These are my opinions. I do not have access to any information not published. I do not own stock in any of the companies.
Actually, Autozone and Chrysler are not copywrite violations at all. They are suing AutoZone because they were former SCO costumers and SCO accuses them of using some software libraries out of SCO products when they moved over to Linux with IBM's help.
Chrysler is because they dragged their feet when SCO told it's licensies they were going to audit them for compliance when it comes to SCO's copyrights, and they didn't confirm they were in full complaiance.
Neither have to do with opensource issues, but I'm sure that's how they would like to play it in the press.
Chrysler is because they dragged their feet when SCO told it's licensies they were going to audit them for compliance when it comes to SCO's copyrights, and they didn't confirm they were in full complaiance.
Neither have to do with opensource issues, but I'm sure that's how they would like to play it in the press.
Put up or shut up
Posted by: madchris on March 04, 2004 08:57 AM#