Torvalds Speaks Out on SCO, Linux

eweek.com ^ | June 23, 2003 | Peter Galli

[Ernest_at_the_Beach]

Linus Torvalds, the founder and lead developer of the Linux open-source operating system, has some strong views about the legal dispute between The SCO Group and IBM, which he shared with eWEEK Senior Editor Peter Galli in an e-mail exchange last week. Torvalds also last week announced he was taking a leave of absence from Transmeta Corp. and becoming the first full-time fellow at the Open Source Development Lab, where he will continue to drive the next version of the Linux kernel, 2.6, due later this summer.

[Ernest_at_the_Beach]

And the story continues!

OFFICIAL BUMP(TOPIC)LIST

[Incorrigible]

Just to be safe, everyone should buy Microsoft Windows.

[lelio]

SCO has said you need to sign the non-disclosure agreement (NDA) in order to look at the alleged copied code in question.
This mess about the NDA can be cleared up if SCO were to just point out the offending code so the open source people can document how it got there, be it from BSD code or they made it up themselves.
SCO not telling anyone what the code is w/o an NDA makes me highly suspicious. Its like Mark Geregios saying that he'll name the satantic killers when the trial starts.

[Only1choice____Freedom]

>>"Just to be safe, everyone should buy Microsoft Windows."

Doon't start that agin. I'm Warnin' yew.

[hchutch]

Amen to that.

[Blueflag]

You don't really buy Windows, you just purchase a restricted license -- a right to use until revoked.

Microsoft needs credible competition

[BurbankKarl]

can you give us an update on where the world of Linux stands? who is winning, losing, suing?

[holden]

Not all NDA's demand one's first-born male child.

The only NDA I would ever sign would be one which is sufficiently reciprocal that I would consider using the same document to give or receive information.

Any information the receiver already has in his or her possession can hardly be excluded by someone merely by saying something is their prioprietary, secret plan. The courts back that up and more. No one can lock up the brain of another so as to inhibit their professional livelihood.

Part of the trouble, of course, is that some people would needlessly take others to court out of their ignorance, or to leverage an advantage they might have, e.g., legal staff time to burn. The latter has long been Microsoft's "problem."

HF

[Revolting cat!]

Just to be safe, everyone should buy Microsoft Windows.

Yep, the underlying code, MS-DOS, was stolen fair and square from CP/M!

[Golden Eagle]

I find this comment comming from Linus Torvalds mouth particularly disgusting:

If I'm called as an expert witness, I'll go if only because I'd be curious about the process.

The hell you will. Being a foreigner, who enjoys the priveledge of traveling in our great country based on visitation rights, you will most certainly get your butt in that seat if a US Federal Judge calls you there for questioning on behalf of the complaintants, or you will never step foot in this country again. Who the hell does he think he is kidding. I guess it was just a PR statement for his gullible supporters, but he better realize he is playing with some serious fire here.

[Golden Eagle]

This comment is extremely interesting as well:

The high end, to a large degree, is the easy part. The problems are well known, the solutions are out there too..."

Oh they are, are they? And how would one know this, Mr. Torvalds?

[B Knotts]

Are you intentionally misconstruing what he said?

[Golden Eagle]

If you have a different opinion, give it.

[B Knotts]

Well, he was talking about being an "expert witness," not a subpoenaed witness. Obviously, if he gets a subpoena, he has to appear. And, he said he would go. He just cited curiosity as another reason to do so.

[Golden Eagle]

Obviously a prepared statement to mislead and misconstrue. My respect sinks even lower.

If he thinks he can pull a Bill Gates or Bill Clinton in a US Federal Court, he will be sadly mistaken.

[Lael]

If he thinks he can pull a Bill Gates or Bill Clinton in a US Federal Court, he will be sadly mistaken

The only way anyone can COMPELL an expert witness to testify is to sue that person as a necessary party...something SCO probably won't do.

[TechJunkYard]

It was an e-mailed response. Of course he had time to think about it.

Geez. Your comments speak volumes about your bias in this case.

[Golden Eagle]

They just want to ask him if he checks code for copyright violation before he compiles it into Linux and posts it on his web hosts with a flashing sign that says *FREE*. Nothing else likely needed.

[Golden Eagle]

Your comments speak volumes about your bias in this case.

Good, this is about possible theft of US trade secret technology, and you can bet your bottom dollar I have a bias. What is yours?