[NCLUG] Organizing against SCO?

jbass at dmsd.com jbass at dmsd.com
Wed Jul 23 03:43:24 MDT 2003


Sean Reifschneider <jafo at tummy.com> writes:
> This particularly makes it seem like they are promoting unbased claims
> because from what I've heard they're complaint rests on features added
> to the 2.5 kernel, which nearly nobody is currently using in
> production.

One needs to do some homework here ... the claim appears for code that is found
in current versions of the kernel, not just 2.5.  One ought to get familar with
the claims and the concerns before ranting. In particular, quoting:

	http://www.linuxjournal.com/article.php?sid=6956&mode=thread&order=0

	"SCO has a list of about 20 IBM engineers who are, it claims, using AIX
	methods in Linux. SCO claims that some of these engineers literally are
	looking at AIX source code as they discuss Linux issues and making
	recommendations based on the AIX code. 

RMS's zeal to kill corporate IP, and his rantings, have failed to properly
educate his followers in the legal madates as they follow his will to
reverse engineer and replace all corporate IP with free open source.  There
are clear clean room, multiple independent team, requirements in reverse
engineering and reusing IP that are largely ignored in reimplementing UNIX
and other applications present in most Linux distributions.

SCO's suit, interestingly enough is tackling one of the largest IP holders for
not properly training and supervising it's employees to the level that many
many IBM suits against other firms have mandated.

RMS and his followers have show great disdain against the corporate holders of
intellectual property, while building and squabbling over a growing huge mass
of GPL copyright protected intellectual property. It's time for the open
source movement to take notice, that others have IP rights too.

Our legal system is fair as long as all parties in litigation have similar
resources with with to fight in the courts. SCO is a relatively small company
taking on a the most skilled IP legal team on the planet, in a fight that
would bankrupt most small companies. SCO will be required to show due cause
for this motion, or post a significant crippling bond if it lack evidence while
searching for it using open disclosure "discovery" processes. Failure to
demonstrate cause would immediately open SCO up to damages on a number of
grounds.

So, while the RMS affected camp which prejudges all corporate software IP cases
as fundamentally illegitimate may be pre-trying SCO in the court of public
opinion .... rest assured that if SCO's claims are completely groundless this
case will be over in weeks. So will SCO, as IBM devours any remaining assets.

Otherwise, take notice, that the RMS affected open software camp really does
need to respect software copyrights if they expect the GPL to mean anything
at all. And maybe the open software camp will finally learn that the very
copyright that protects GPL, does in fact protect other IP owners as well.

John



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