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SCO consultant: no copyright infringement in linux
Groklaw ^ | 07/14/05 | Reg Broughton

Posted on 07/14/2005 4:01:54 PM PDT by Salo

Davidson reports:

The project was a result of SCO's executive management refusing to believe that it was possible for Linux and much of the GNU software to have come into existance without *someone* *somewhere* having copied pieces of proprietary UNIX source code to which SCO owned the copyright. The hope was that we would find a "smoking gun" somwhere in code that was being used by Red Hat and/or the other Linux companies that would give us some leverage. (There was, at one stage, the idea that we would sell licenses to corporate customers who were using Linux as a kind of "insurance policy" in case it turned out that they were using code which infringed our copyright).

So, Darl's SCOsource scheme wasn't even original, was it? SCO *hoped* to find copyright infringement so they could make some money selling "insurance" for Linux, the email says. Sound familiar? And after all that effort, what did they find?

At the end, we had found absolutely *nothing*. ie no evidence of any copyright infringement whatsoever.


TOPICS: Business/Economy; Technical
KEYWORDS: fatladysinging; ibm; linux; sco
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Looks like it's just about over now. Even SCO's people can't find infringing code.
1 posted on 07/14/2005 4:01:55 PM PDT by Salo
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To: ShadowAce; rdb3; N3WBI3; Ernest_at_the_Beach; Nick Danger

Pinging.


2 posted on 07/14/2005 4:03:00 PM PDT by Salo
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To: Salo

It's still Communist! ;-)


3 posted on 07/14/2005 4:10:56 PM PDT by Paladin2 (Don't Tread on Me; Live Free or Die)
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To: Salo
Looks like it's just about over now.

But I suspect the countersuits are just beginning. Libel, deceptive trade practices, extortion...lawyers at IBM and RedHat should have a field day with this.

4 posted on 07/14/2005 4:21:23 PM PDT by ThinkDifferent (These pretzels are making me thirsty)
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To: ThinkDifferent
lawyers at IBM and RedHat should have a field day with this.

To say nothing about the SEC, and the Justice Department. They did, after all, sell a few of those licenses, which, if no infringement can be proved, constitutes blackmail, or fraud.

I see another Perp Walk in the offing, and if I were Daryle, I'd be moving to Bolivia Real Soon Now.

5 posted on 07/14/2005 4:31:48 PM PDT by konaice
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To: ThinkDifferent

I'd love to see Darl McBride in PMITA prison for fraud over this. I wonder what the legal standard for barratry is.


6 posted on 07/14/2005 4:42:12 PM PDT by Salo
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To: Paladin2
It's still Communist! ;-)

The sad part about that is there are a lot of people on this forum who would agree with your jest.

In spite of the fact that large companies like IBM, Novell, RedHat, etc. are making lots of money selling and using Linux, its percieved that it is some sort of Marxist scheme, just because people can get the source code for free.

7 posted on 07/14/2005 4:43:00 PM PDT by konaice
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To: ShadowAce; N3WBI3; Tribune7; frogjerk; Salo; LTCJ; Calvinist_Dark_Lord; Buck W.; clyde asbury; ...

OSS PING

If you are interested in a new OSS ping list please mail me

This definitely warrants an OSS ping! Vindication at some level of the integrity of code within the Linux kernel against SCO. Now the way I read it this does not address IP only copyright so it aint over yet..

8 posted on 07/14/2005 5:16:03 PM PDT by N3WBI3 (If SCO wants to go fishing they should buy a permit and find a lake like the rest of us..)
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To: Salo

"I wonder what the legal standard for barratry is."

Way too high, I'd reckon.


9 posted on 07/14/2005 5:52:14 PM PDT by LibertarianInExile ("Property must be secured or liberty cannot exist." -- John Adams. "F that." -- SCOTUS, in Kelo.)
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To: konaice
...just because people can get the source code for free.

And not just the source, but I recently downloaded (gasp) binaries for SuSE 9.3 directly from Novell.

Cost (not counting my broadband connection): $0.00

10 posted on 07/14/2005 5:52:56 PM PDT by AFreeBird (your mileage may vary)
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To: konaice; ShadowAce; RadioAstronomer; Nick Danger

I'm waiting for the usual suspects to show up.


11 posted on 07/14/2005 6:00:55 PM PDT by Ernest_at_the_Beach (History is soon Forgotten,)
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To: Salo
This is good news for Linux, and Open Source as a whole.

How quick before the lawsuits start?

12 posted on 07/14/2005 6:05:13 PM PDT by softwarecreator (Facts are to liberals as holy water is to vampires)
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To: Salo
Looks like it's just about over now. Even SCO's people can't find infringing code.

The linked email is from almost three years ago. Was it just recently discovered?

13 posted on 07/14/2005 6:11:54 PM PDT by Bob
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To: Salo
CNET now has the story.
14 posted on 07/14/2005 6:12:44 PM PDT by TechJunkYard (my other PC is a 9406)
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To: Bob
Was it just recently discovered?

Recently unsealed.

15 posted on 07/14/2005 6:16:30 PM PDT by TechJunkYard (my other PC is a 9406)
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To: AFreeBird
" And not just the source, but I recently downloaded (gasp) binaries for SuSE 9.3 directly from Novell."

Me too! I really like it.

16 posted on 07/14/2005 6:21:35 PM PDT by Abcdefg
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To: AFreeBird

If you like it, I really do recommend buying it. The commercial version has a few extra things that the free version doesn't, and it's always nice to kick back a little. In the end, for the $50, you're getting a hell of a lot.


17 posted on 07/14/2005 6:47:12 PM PDT by Bulwark
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To: AFreeBird
I recently downloaded (gasp) binaries for SuSE 9.3

I tried that for a while when I was taking a tour of all the various flavors of Linux. After I settled on SuSE I purchase the boxed set for each release I use.

So much easier, and that way I can be assured the SuSE/Novell will be around for the next release rathere than folding their tent like RedRat.

When you considder $35 gets you all the software packages you will EVER need and you can install on as many boxes as you want, its worth the price. When I install it commercially for my customers, I insist they each buy the boxed set.

18 posted on 07/14/2005 6:56:18 PM PDT by konaice
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To: Ernest_at_the_Beach
They recoil from threads like this as Frenchman do from soap.

I'm waiting for the usual suspects to show up.

19 posted on 07/14/2005 7:30:45 PM PDT by Salo
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To: konaice

Yea, I would insist that everyone buy the box too. But seeing as how I'm between jobs at the moment; it's nice to be able to keep current on my skills without having to pay an arm and a leg (and kneel west to Redmond for my daily prayers) for the privledge.


20 posted on 07/14/2005 7:34:56 PM PDT by AFreeBird (your mileage may vary)
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