Caldera

OSDL Releases Q&A on SCO Legal Actions 285

craigoda writes "OSDL released a Q&A today written by Lawrence Rosen, noted expert on technology and intellectual property law. The Q&A points to serious flaws in SCO's claims that end-users have to pay for Linux licenses." The press release is a little more diplomatic, saying that the document only helps one determine whether or not one should buy a license from SCO.
Caldera

SCO Attorney Declares GPL Invalid 1137

chrullrich writes "According to heise (German, fishbait), SCO's chief counsel Mark Heise (unrelated) of Boies, Schiller and Flexner has declared that the GPL violates the US copyright law and is thus null and void. SCO's legal position is actually a little too crazy to believe: The GPL allows unlimited copies, the copyright law allows one. Therefore, the GPL is invalid. Apparently, they try to argue that the copyright law, in giving consumers the right to make one backup of their software without any permission from the copyright holder, outlaws any contractual agreement that allows users to make more than one copy." There's an Inquirer article in English. Apparently SCO is now using the Chewbacca Defense. Other SCO news: SCO reports a profit, examining SCO's contributions to Linux, an attorney summarizes the case.
Caldera

SCO Execs Dumping Stock 691

luigi6699 writes "According to the Salt Lake Tribune, 'SCO Group executives have sold about 119,000 shares of their company since it filed a lawsuit against IBM in March...' Their CFO started the $1.2 million sell-off just after the lawsuit."
Caldera

SCO: Fortune 500 Company Buys License, IBM Retort 557

An anonymous reader writes "SCO announced today that an undisclosed Fortune 500 company purchased Linux licenses for each of their servers running in their business. SCO: 'This Fortune 500 company recognizes the importance of paying for SCO's intellectual property that is found in Linux and can now run Linux in their environment under a legitimate license from SCO. We anticipate this being the first of many licensees that will properly compensate SCO for our intellectual property.'" kanly writes "The full text of IBM's countersuit against SCO is now online at LWN." M : Our own Roblimo has a pretty good take on it. Keep in mind that SCO could sell a blanket license for $1, for the publicity value.
The Courts

Is the SCO Lawsuit a Good Thing for Linux? 422

Jack William Bell writes "The National Post is running an essay by Wynn Quon entitled 'Linux's lucky lawsuit'. In it Quon claims that (A) SCO is going to lose (saying ". . . SCO is a toad about to face a steamroller.") and (B) the Linux community needs exactly this kind of 'inoculation' as the OS moves from a hobbyist platform to a real business tool. Good analysis or unwarranted optimism?"
Caldera

SCO Calls IBM Countersuit "Unsubstantiated Allegations" 972

dacarr writes "Yahoo currently hosts a press release from SCO that basically calls for IBM to "move away from the GPL"." Lycoris tries to dodge the flood of idiocy from Utah. Another non-programmer has seen SCO's presentation, and without attempting to verify the facts through his own research, reported on it. One reader buys a SCO license. SCO justifies their continuing illegal distribution of the Linux kernel.
Linux Business

Oracle's Infrastructure Now Fully Linux-ized 273

mbadolato writes "An article over at InformationWeek reports Oracle is aggressively adopting Linux both internally and for its products, despite SCO Group's threats earlier this week that it may sue those who don't pay licensing fees to the company. Chuck Rozwat, an Oracle executive VP, says the company has moved its IT infrastructure to Linux, a year after CEO Larry Ellis issued the mandate. In the coming year, Oracle will move its base development platform to Linux, including putting the open-source operating system on the workstations of 8,000 developers"
Caldera

SCO Targets US Government, TiVo 1539

An anonymous reader writes "According to SCO, if you have a TiVo set-top box, or those models of Sharp Zaurus which use Linux, someone now owes them $32, since the company wants money 'for each embedded system using Linux.' SCO also says government agencies must pay up to $699 for each copy of Linux that they use."
The Courts

SCO May Countersue Red Hat, SuSE Joins The Fray 622

uninet writes "The SCO Group, Inc. today released a statement concerning the lawsuit filed against it yesterday by Red Hat, Inc. The release quotes Darl McBride, SCO's President and CEO, as being 'disappointed' with Red Hat CEO Matthew Szulik for not being 'forthcoming' about Red Hat's intentions in a previous discussion." Reader psykocrime adds "According to this SuSE press release, SuSE has publically announced their support for RedHat's actions against SCO. Quoting from the press release: 'SCO has already been halted in Germany and we applaud Red Hat's actions to help end their activities in the US -- and beyond. We applaud their efforts to restrict the rhetoric of the SCO group -- and the FUD they are trying to instill -- and will determine quickly what actions SuSE can take to support Red Hat in their efforts.'" Read on for a few more links.
Caldera

SCO Wants $699 for Linux Systems 1659

walterbyrd quotes: "'We believe it is necessary for Linux customers to properly license SCO's IP if they are running Linux 2.4 kernel and later versions for commercial purposes. The license insures that customers can continue their use of binary deployments of Linux without violating SCO's intellectual property rights.' SCO will be offering an introductory license price of $699 for a single CPU system through October 15th, 2003." Update: 08/05 18:24 GMT by M : After October 15, SCO says they'll want $1399. Better buy now!
Linux Business

SCO "Disappointed" by Red Hat Lawsuit 778

schmidt349 writes "SCO has issued a preliminary response to Red Hat's lawsuit, in which President and CEO Darl McBride advises that SCO will prepare a "legal response" to Red Hat's requests for injunctive relief. In addition, he promises that the countersuit that SCO will file may include "counterclaims for copyright infringement and conspiracy." His final statement-- that Red Hat's "decision to file legal action does not seem conducive to the long-term survivability of Linux--" is chilling in light of the business strategy that SCO has adopted in its sales of UnixWare licenses to actual and potential users of the Linux kernel."
Linux Business

Red Hat Sues SCO, Sets Up Legal Fund 787

An anonymous reader writes "Red Hat has released a PR Newswire article stating that it intends to sue SCO Group to prove that it doesn't infringe any of SCO's intellectual property regarding the Red Hat Linux platform, and to hold it accountable for its actions and smear campaign. They've also announced the creation of a legal fund, to which they've pledged $1M US dollars to fight complaints such as these, called the 'Open Source Now' fund."
Unix

OSDL Position Paper on SCO and Linux 421

cshabazian writes "The OSDL has released a position paper raising serious questions about SCO Group's threatened litigation against end users of Linux. The position paper, which casts doubt on SCO's position, was authored by one of the world's leading legal experts on copyright law as applied to software, Professor Eben Moglen of Columbia University."
The Courts

Is Licensing SCO Unix Legally Dangerous? 85

cheros asks: "I'm starting to get very puzzled by the SCO licensing scheme - am I mistaken or is licensing SCO actually about the most dangerous thing you can do as business or end user using Linux? [disclaimer: IANAL and AFAIK, so get decent legal council - I might be completely wrong ;-)] If I buy a copy of Linux from a provider, my contract is with that provider, NOT with SCO. In other words, if said provider has supplied me with something dodgy (and that is still very much an open question IMO), the issue lies with SCO and the provider, not with me and SCO, as I have no contractual relation with SCO in any way, shape or form. So, licensing SCO might actually CREATE that relationship and thus enable SCO to play further games with enforceable contractual obligations, something it currently lacks with end users. If that is correct it puts SCO in an even worse light (if that's possible) as that could mean deception as well as FUD. The latter might have become accepted in business and politics, but the former might actually be illegal in some countries. In short, as far as I can see you don't actually have a problem as a Linux end user...until you get a license. Comments?"
Businesses

Ask Bruce Perens About Linux and Open Source 403

A lot is going on these days, ranging from the endlessly amusing SCO soap opera to plenty of mostly positive news about Linux and Open Source adoption by both corporate and government users, not to mention an increasing number of commercial applications being ported to Linux. And, of course, LinuxWorld is right around the corner. Bruce Perens is certainly as appropriate a person as any to help us get a handle on the current (and possibly future) state of Linux and Open Source. We'll send him 10 of the highest moderated questions, and post his answers as soon as he gets them back to us. As usual, one question per post, please, and don't bother asking questions that can easily be answered with a couple of minutes' worth of online research.
The Courts

Skeptical Reactions To SCO From Around The Globe 495

Besides the recent action in Australia, lots of others are choosing to make affirmative statements denying SCO's claims to own the name and code of all things *nix. Read below for a wrap-up of some recent public reactions to the SCO claims from a wide range of potential litigants (if the SCO case gets that far): Japanese conglomerates, American department stores, Bruce Perens, kernel developer Richard Gooch via Mozillaquest, and Joe ("Citizen") Barr.
The Courts

Australian Linux User Group Fights Back Against SCO 504

ashitaka writes "The Sydney Morning Herald is reporting that an Open Source group has gone on the offensive in response to SCO's latest demands that Linux users must buy a Unixware license to avoid any possible future unpleasantries. 'Open Source Victoria today filed a complaint with the Australian Competition and Consumer Commission, asking it to investigate SCO's activities in light of 'unsubstantiated claims and extortive legal threats for money' against possibly hundreds of thousands of Australians.' I especially like the last bit: 'One feels that this whole fiasco is the IT industry equivalent of a Nigerian scam or internet extortion ploy.' Oh yeah.."
Businesses

Impacts of the SCO Case Outside of the US? 46

Pecisk asks: "Maybe lot of you have already tired of discussing this, but I would like to know opinions (professional one would be very good) how much this case can have *legal* impact to Linux users/businesses in other regions like EU, Russia, Eastern Asia. I know that in many cases there's no effect of US court decisions to other countries, but how (for example) the EU patent law will take this, and in generally how much and do we have to be really worried about this case? This question is very important to me, and I guess, for other guys from non-US countries too. I want to know this also because when I have to speak about the using of Linux and free software in IT solutions and if someone argues about this case and it's impact to us, I would like to know what to answer (I'm from Latvia, Eastern Europe, we are going to vote for EU membership in September)."
Linux

SCO Extorting Unixware Licenses to Linux Users? 576

An anonymous user noted that SCO will sell you Unixware if you want to "Legitimize" your usage of Linux at your company. If you buy the license, you will be held blameless for your transgressions against SCO! Pricing has yet to be determined for the special licenses, but I suspect that for any value greater than zero, there are going to be a fair number of angry users.

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