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MS and SCO - law firms

 
 
Peter
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      11-24-2003
Anyone know which local NZ law firms Microsoft and SCO use?
Reply by E-mail if you wish deleting the zz spam trap.

 
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Howard
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      11-24-2003
Peter wrote:
> Anyone know which local NZ law firms Microsoft and SCO use?
> Reply by E-mail if you wish deleting the zz spam trap.


The local Microsoft shills are Simpson Grierson.

On of their partners has just spouted some absolute crap about the GPL at
the recent GOVIS forum.

Coverage here:
http://www.computerworld.co.nz/news....2?OpenDocument
or
http://snurl.com/34sf

A good rebuttal by David Mohring is here :
http://www.groklaw.net/comment.php?m...der=&pid=26263
or
http://snurl.com/34sd


 
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Peter
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      11-24-2003
On Tue, 25 Nov 2003 11:10:49 +1300, "Howard" <(E-Mail Removed)>
wrote:

>Peter wrote:
>> Anyone know which local NZ law firms Microsoft and SCO use?
>> Reply by E-mail if you wish deleting the zz spam trap.

>
>The local Microsoft shills are Simpson Grierson.
>
>On of their partners has just spouted some absolute crap about the GPL at
>the recent GOVIS forum.
>

Thanks, I thought it sounded like MS or SCO FUD.

I wonder who has the SCO account?

 
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Howard
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      11-24-2003
Peter wrote:

> I wonder who has the SCO account?


I don't know. I was looking at getting a Misleading Behaviour action (S.9 of
the Fair Trading Act) started against SCO, aimed at getting them to put up
or shut up, like the Aussies & Germans were able to.

My legal advice was SCO did no have sufficient presence in NZ (they cover NZ
out of Aussie) for any action to be worth while.

But this Simpson Grierson statement looks clearly actionable. That law firm
is in trade, clearly soliciting business from the Government. Therfore the
blatant mistruths they held forth at the Govis conference can be actioned.

Any local lawyers want to make a name for themselves and score a win against
a big name like SG?

A side effect would almost certainly be a ruling lending support to the GPL
in NZ. Any takers?


 
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Adam Warner
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      11-24-2003
Hi Howard,

> Coverage here:
> http://www.computerworld.co.nz/news....2?OpenDocument


These arguments are priceless:

The GPL states that the user of an open source program "must cause any
work that you publish or distribute that in whole or [in part] contains
or is derived from the program or any part thereof to be licensed as a
whole, at no charge, to all third parties under the terms of the
licence".

This raises the spectre of a large enterprise application founded on a
relatively small amount of open source code being open for all-comers,
including potential competitors, to acquire and use at no charge.

...

Conversely, some "flaws" in the open source licensing model may allow
users to escape providing for general consumption derived products such
as Linux utilities, which the open source community would consider
should be so distributed.

Thus the GPL is a problem because it is simultaneously too broad and too
narrow. To argue this way you just move the goalposts of uncertainty and
highlight the negatives at each goalpost.

If David McGuinness had a different perspective to highlight he could have
noted the benefits from commoditisation at the first goalpost and the
opportunities for proprietary software companies at the second.

Regards,
Adam
 
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