MESSAGE
| DATE | 2004-04-30 |
| FROM | From: "Inker, Evan"
|
| SUBJECT | Subject: [hangout] SCO Backs Off GPL Claims
|
From owner-hangout-desteny-at-mrbrklyn.com Fri Apr 30 13:16:28 2004 X-UIDL: 9cc!!loZ!!:3[!!&V["! Received: from www2.mrbrklyn.com (localhost [127.0.0.1]) by mrbrklyn.com (8.12.11/8.11.2/SuSE Linux 8.11.1-0.5) with ESMTP id i3UHGSsj018805 for ; Fri, 30 Apr 2004 13:16:28 -0400 Received: (from mdom-at-localhost) by www2.mrbrklyn.com (8.12.11/8.12.3/Submit) id i3UHGRuj018804 for hangout-desteny; Fri, 30 Apr 2004 13:16:27 -0400 X-Authentication-Warning: www2.mrbrklyn.com: mdom set sender to owner-hangout-at-www2.mrbrklyn.com using -f Received: from mail70.messagelabs.com (mail70.messagelabs.com [193.109.255.115]) by mrbrklyn.com (8.12.11/8.11.2/SuSE Linux 8.11.1-0.5) with SMTP id i3UHGQvQ018799 for ; Fri, 30 Apr 2004 13:16:27 -0400 X-VirusChecked: Checked X-Env-Sender: EInker-at-gam.com X-Msg-Ref: server-7.tower-70.messagelabs.com!1083345766!3523494 X-StarScan-Version: 5.2.10; banners=-,-,- X-Originating-IP: [193.202.231.225] Received: (qmail 20452 invoked from network); 30 Apr 2004 17:22:46 -0000 Received: from unknown (HELO w2gw-ldn02.gam.com) (193.202.231.225) by server-7.tower-70.messagelabs.com with SMTP; 30 Apr 2004 17:22:46 -0000 Received: from ntas-ldn15.gam.com (unverified) by w2gw-ldn02.gam.com (Content Technologies SMTPRS 4.3.12) with ESMTP id for ; Fri, 30 Apr 2004 18:22:46 +0100 Received: by ntas-ldn15.gam.com with Internet Mail Service (5.5.2653.19) id ; Fri, 30 Apr 2004 18:22:46 +0100 Message-ID: <386AEEE1B7BAC34CB4DDF394C23492785F4E9D-at-w2cs-nyk02.gam.com> From: "Inker, Evan" To: hangout-at-nylxs.com Subject: [hangout] SCO Backs Off GPL Claims Date: Fri, 30 Apr 2004 18:23:44 +0100 MIME-Version: 1.0 X-Mailer: Internet Mail Service (5.5.2653.19) Content-Type: multipart/related; boundary="----_=_NextPart_000_01C42ED7.E3D267C0"; type="multipart/alternative" Sender: owner-hangout-at-mrbrklyn.com Precedence: bulk Reply-To: "Inker, Evan" List: New Yorker GNU Linux Scene Admin: To unsubscribe send unsubscribe name-at-domian.com in the body to hangout-request-at-www2.mrbrklyn.com X-Keywords: X-UID: 34698 Status: RO X-Status: A Content-Length: 15037 Lines: 291
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SCO Backs Off GPL Claims http://www.eweek.com/article2/0,1759,1580242,00.asp April 29, 2004 By Steven J. Vaughan-Nichols
In The SCO Group Inc. 's latest U.S. District Court filing as it battles IBM over Linux, the company is no longer using the affirmative defense that the GNU General Public License (GPL) is unconstitutional.
SCO president and CEO Darl McBride took aim at the GNU General Public License, under which Linux is distributed, in a December open letter. He said the GPL violates the U.S. Constitution as well as U.S. copyright and patent laws.
Moreover, a subsequent letter sent to U.S. elected officials expanded on SCO's vision of the GPL. McBride declared that open-source software is a threat to the country's IT industry, to national security and to the ability of the country to compete in the global economic market.
"I urge you to consider the other side because I believe that open source, as it is currently constituted, is a slippery slope," McBride wrote to legislators in January. "It undermines our basic system of intellectual property rights, and it destroys the economic reason for innovation.
"By taking action, our company has become a target for sometimes vicious attacks-including online attacks that have repeatedly shut down our company Web site," McBride continued in his letter to federal officials. "Despite this, we are determined to see these legal cases through to the end because we are firm in our belief that the unchecked spread of open-source software, under the GPL, is a much more serious threat to our capitalist system than U.S corporations realize."
Pointer
Click here to read more about MyDoom's DDoS attacks on SCO.
However, in this week's filing, called SCO's Answer to IBM's Second Amended Counterclaims, here in PDF form, it appears that Lindon, Utah-based SCO is no longer stating in court that one reason why it should win is that "the GPL violates the U.S. Constitution, together with copyright, antitrust and export-control laws, and IBM's claims based thereon, or related thereto, are barred."
SCO's earlier contention that the GPL is unconstitutional sparked controversy and brought cries of outrage from Linux and open-source supporters.
Many lawyers, such as Tom Carey, a partner at Bromberg & Sunstein LLP, a Boston intellectual property law firm, have said they found SCO's assertion that the GPL is unconstitutional to be "rubbish."
Open-source advocates said they are delighted by the news. Bradley M. Kuhn, executive director of the Free Software Foundation, the organization behind the GPL, said, "We are, of course, glad that SCO has heard our answers to those questions and realized that they have no basis whatsoever to make those claims."
Bruce Perens, an open-source leader and a director of Software in the Public Interest Inc., a nonprofit, open-source development organization, commented, "SCO is going where other attorneys who thought about fighting the GPL have gone after looking at it: away. They looked at the GPL and decided they would lose.
"They're removing a silly claim from their lawsuit and retreating to claims that they have a hope of making in court," Perens said. "If they leave silly stuff in the case, they're more likely to become a victim of a summary judgment and not get their side heard at all."
Pointer
Read more here about IBM's response to SCO's copyright claims.
Eric Raymond, president of the Open Source Initiative and one of open source's founding fathers, said he agrees with Perens. "Courts don't like claims that are obviously bogus-they tend to taint nearby claims that might not be," Raymond said. "SCO's lawyers have decided that the odds of collateral damage are too high to keep pushing that one."
SCO has not responded at this time to requests for comment.
Editor's Note: This story was updated to include further information on SCO's past position on the GPL
**************************************************************************** This message contains confidential information and is intended only for the individual or entity named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. This message is provided for informational purposes and should not be construed as an invitation or offer to buy or sell any securities or related financial instruments. GAM operates in many jurisdictions and is regulated or licensed in those jurisdictions as required. ****************************************************************************
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Moreover, a href="http://www.eweek.com/article2/0,1759,1455153,00.asp">subsequent letter sent to U.S. elected officials expanded on SCO's vision of the GPL. McBride declared that open-source software is a threat to the country's IT industry, to national security and to the ability of the country to compete in the global economic market.
"I urge you to consider the other side because I believe that open source, as it is currently constituted, is a slippery slope," McBride wrote to legislators in January. "It undermines our basic system of intellectual property rights, and it destroys the economic reason for innovation.
"By taking action, our company has become a target for sometimes vicious attacks-including online attacks that have repeatedly shut down our company Web site," McBride continued in his letter to federal officials. "Despite this, we are determined to see these legal cases through to the end because we are firm in our belief that the unchecked spread of open-source software, under the GPL, is a much more serious threat to our capitalist system than U.S corporations realize."
src="http://common.ziffdavisinternet.com/util_get_image/2/0,1311,i=28571,00.gif" width=28 align=left border=0>href="http://www.eweek.com/article2/0,1759,1467169,00.asp">Click here to read more about MyDoom's DDoS attacks on SCO.
However, in this week's filing, called href="http://www.groklaw.net/pdf/IBM-141-1.pdf">SCO's Answer to IBM's Second Amended Counterclaims, here in PDF form, it appears that Lindon, Utah-based SCO is no longer stating in court that one reason why it should win is that "the GPL violates the U.S. Constitution, together with copyright, antitrust and export-control laws, and IBM's claims based thereon, or related thereto, are barred." SCO's earlier contention that the GPL is unconstitutional href="http://www.eweek.com/article2/0,1759,1409489,00.asp">sparked controversy and brought cries of outrage from Linux and open-source supporters.
Many lawyers, such as Tom Carey, a partner at href="http://www.bromsun.com/">Bromberg & Sunstein LLP, a Boston intellectual property law firm, have said they found SCO's assertion that the GPL is unconstitutional to be "rubbish." Open-source advocates said they are delighted by the news. Bradley M. Kuhn, executive director of the Free Software Foundation, the organization behind the GPL, said, "We are, of course, glad that SCO has heard our answers to those questions and realized that they have no basis whatsoever to make those claims."
Bruce Perens, an open-source leader and a director of href="http://www.spi-inc.org/">Software in the Public Interest Inc., a nonprofit, open-source development organization, commented, "SCO is going where other attorneys who thought about fighting the GPL have gone after looking at it: away. They looked at the GPL and decided they would lose.
"They're removing a silly claim from their lawsuit and retreating to claims that they have a hope of making in court," Perens said. "If they leave silly stuff in the case, they're more likely to become a victim of a summary judgment and not get their side heard at all."
src="http://common.ziffdavisinternet.com/util_get_image/2/0,1311,i=28571,00.gif" width=28 align=left border=0>href="http://www.eweek.com/article2/0,1759,1558836,00.asp">Read more here about IBM's response to SCO's copyright claims.
Eric Raymond, president of the Open Source Initiative and one of open source's founding fathers, said he agrees with Perens. "Courts don't like claims that are obviously bogus-they tend to taint nearby claims that might not be," Raymond said. "SCO's lawyers have decided that the odds of collateral damage are too high to keep pushing that one."
SCO has not responded at this time to requests for comment.
Editor's Note: This story was updated to include further information on SCO's past position on the GPL
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