SCO, IBM battle heats up

Discussion in 'NZ Computing' started by harry, Nov 12, 2003.

  1. harry

    harry Guest

    http://zdnet.com.com/2100-1104_2-5106450.html
    Subpoenas are flying in the high-profile lawsuit between the SCO Group and
    IBM, as both companies try to buttress their legal claims by turning to
    third parties for information.
    SCO said Wednesday that it has filed subpoenas with the U.S. District Court
    in Utah, targeting six different individuals or organizations. Those include
    Novell; Linus Torvalds, creator of the Linux kernel; Richard Stallman of the
    Free Software Foundation; Stewart Cohen, chief executive of the Open Source
    Development Labs; and John Horsley, general counsel of Transmeta.
     
    harry, Nov 12, 2003
    #1
    1. Advertising

  2. harry

    steve Guest

    harry allegedly said:

    > http://zdnet.com.com/2100-1104_2-5106450.html
    > Subpoenas are flying in the high-profile lawsuit between the SCO Group and
    > IBM, as both companies try to buttress their legal claims by turning to
    > third parties for information.
    > SCO said Wednesday that it has filed subpoenas with the U.S. District
    > Court in Utah, targeting six different individuals or organizations. Those
    > include Novell; Linus Torvalds, creator of the Linux kernel; Richard
    > Stallman of the Free Software Foundation; Stewart Cohen, chief executive
    > of the Open Source Development Labs; and John Horsley, general counsel of
    > Transmeta.


    Good. Let's grease SCO up and fry them till they're tender.

    --
    Best Regards,
    Steve Withers
    defenestrate: The act of throwing Windows out the window and replacing it on
    your PC with some other operating system.
     
    steve, Nov 13, 2003
    #2
    1. Advertising

  3. harry

    Gib Bogle Guest

    steve wrote:

    > harry allegedly said:
    >
    >
    >>http://zdnet.com.com/2100-1104_2-5106450.html
    >>Subpoenas are flying in the high-profile lawsuit between the SCO Group and
    >>IBM, as both companies try to buttress their legal claims by turning to
    >>third parties for information.
    >>SCO said Wednesday that it has filed subpoenas with the U.S. District
    >>Court in Utah, targeting six different individuals or organizations. Those
    >>include Novell; Linus Torvalds, creator of the Linux kernel; Richard
    >>Stallman of the Free Software Foundation; Stewart Cohen, chief executive
    >>of the Open Source Development Labs; and John Horsley, general counsel of
    >>Transmeta.

    >
    >
    > Good. Let's grease SCO up and fry them till they're tender.


    I wish I shared your confidence. With the bunch of crooks running
    things in the USA at the moment anything is possible.

    Gib
     
    Gib Bogle, Nov 13, 2003
    #3
  4. harry

    Evil Bastard Guest

    On Thu, 13 Nov 2003 18:34:09 +1300, Gib Bogle wrote:

    >>>http://zdnet.com.com/2100-1104_2-5106450.html
    >>>Subpoenas are flying in the high-profile lawsuit between the SCO Group and
    >>>IBM, as both companies try to buttress their legal claims by turning to
    >>>third parties for information.
    >>>SCO said Wednesday that it has filed subpoenas with the U.S. District
    >>>Court in Utah, targeting six different individuals or organizations. Those
    >>>include Novell; Linus Torvalds, creator of the Linux kernel; Richard
    >>>Stallman of the Free Software Foundation; Stewart Cohen, chief executive
    >>>of the Open Source Development Labs; and John Horsley, general counsel of
    >>>Transmeta.


    > I wish I shared your confidence. With the bunch of crooks running
    > things in the USA at the moment anything is possible.


    What's especially significant is that this is the first real test case for
    the legitimacy and enforceability of the GNU General Public License (GPL).

    Any judicial annulment of the GPL would cause all manner of hell to
    break loose.

    For one thing, the vibrancy of the global open source movement would be
    dampened, as developers become more reluctant to contribute code to the
    public common. Who will want to sweat over their code if they know that
    any corporation can nick it and repackage it without recompense?

    For another thing, I can see all manner of infringement actions brought by
    corporates against independent developers, and frustrating defense
    discovery attempts by citing 'sensitivity of proprietary code'.

    There are more ambulance-chasers currently enrolled in US universities
    than there are in present practice - I can just imagine them all
    salivating at the prospects of decades of premium-paying IP litigation.

    If SCO wins this, then the overall costs of doing business, with added
    multipliers, will grow for every sector. It MUST NOT happen!

    This is war, folks. Given the growing ubiquity of the internet and IT in
    daily life, the outcome of this will have a permanent shaping effect on
    countless computer- and non-computing-related aspects of life.

    Stay tuned. Perhaps find one of those adventurous British bookies and lay
    a bet. My money's going on IBM/GPL/open-source.

    Cheers
    EB
     
    Evil Bastard, Nov 13, 2003
    #4
  5. harry

    Peter Guest

    Evil Bastard wrote:
    >
    > Any judicial annulment of the GPL would cause all manner of hell to
    > break loose.


    quite
    some guy over here looked at what it would mean for US dept of defence, and
    life without open source isn't a pretty prospect ...
    http://www.groklaw.net/article.php?story=20031108223401961


    Peter
     
    Peter, Nov 13, 2003
    #5
  6. harry

    steve Guest

    Gib Bogle allegedly said:

    > steve wrote:
    >
    >> harry allegedly said:
    >>
    >>
    >>>http://zdnet.com.com/2100-1104_2-5106450.html
    >>>Subpoenas are flying in the high-profile lawsuit between the SCO Group
    >>>and IBM, as both companies try to buttress their legal claims by turning
    >>>to third parties for information.
    >>>SCO said Wednesday that it has filed subpoenas with the U.S. District
    >>>Court in Utah, targeting six different individuals or organizations.
    >>>Those include Novell; Linus Torvalds, creator of the Linux kernel;
    >>>Richard Stallman of the Free Software Foundation; Stewart Cohen, chief
    >>>executive of the Open Source Development Labs; and John Horsley, general
    >>>counsel of Transmeta.

    >>
    >>
    >> Good. Let's grease SCO up and fry them till they're tender.

    >
    > I wish I shared your confidence. With the bunch of crooks running
    > things in the USA at the moment anything is possible.
    >
    > Gib


    True....though IBM is pretty bid, too.

    --
    Best Regards,
    Steve Withers
    defenestrate: The act of throwing Windows out the window and replacing it on
    your PC with some other operating system.
     
    steve, Nov 13, 2003
    #6
  7. harry

    steve Guest

    Evil Bastard allegedly said:

    > Any judicial annulment of the GPL would cause all manner of hell to
    > break loose.
    >
    > For one thing, the vibrancy of the global open source movement would be
    > dampened, as developers become more reluctant to contribute code to the
    > public common. Who will want to sweat over their code if they know that
    > any corporation can nick it and repackage it without recompense?


    The GPL makes such perfect good sense that any court which annulled it would
    have to be a corrupt court.

    GPL is essentially barter.

    My work for any work you might do on condition you share it with everyone as
    I have done.

    How can that be illegal?

    I think it would be time for civil disobedience. Seriously.

    But in a "geek" way.

    --
    Best Regards,
    Steve Withers
    defenestrate: The act of throwing Windows out the window and replacing it on
    your PC with some other operating system.
     
    steve, Nov 13, 2003
    #7
  8. In article <pan.2003.11.13.07.35.48.998777@127.0.0.1>, Evil Bastard <postmaster@127.0.0.1> wrote:
    >On Thu, 13 Nov 2003 18:34:09 +1300, Gib Bogle wrote:

    *SNIP*
    >What's especially significant is that this is the first real test case for
    >the legitimacy and enforceability of the GNU General Public License (GPL).
    >

    Ah, but it's not. The MySQL (I can't remember who the defendant was)
    case went to court and the GPL was upheld. The legality of the GPL was
    never questioned. The defendant got their arse handed to them, with
    nary a murmur from the judge that the GPL wasn't worth the bits it's
    made from.

    >Any judicial annulment of the GPL would cause all manner of hell to
    >break loose.
    >

    *SNIP*

    Is that even possible? The GPL is a contract, and for contracts to be
    overturned in court they must be shown to be coercive or excessively
    restrictive upon one party - The GPL is not open to negotiation of
    terms, which does leave it open to charges of excessive restriction.
    While one could argue that the modification release requirements are
    restrictive, the GPL is also a contract which involves no purchase and
    this also makes it very hard to argue that the conditions are
    restrictive - You got it for free, nobody forced it upon you, so you
    can't claim that you didn't know what you were getting into.

    --
    Matthew Poole Auckland, New Zealand
    "Veni, vidi, velcro...
    I came, I saw, I stuck around"

    My real e-mail is mattATp00leDOTnet
     
    Matthew Poole, Nov 13, 2003
    #8
  9. In article <bp0jjt$i0j$>, (Matthew Poole) wrote:
    >In article <pan.2003.11.13.07.35.48.998777@127.0.0.1>, Evil Bastard
    > <postmaster@127.0.0.1> wrote:

    *SNIP*
    >Ah, but it's not. The MySQL (I can't remember who the defendant was)

    *SNIP*

    MySQL AB vs NuSphere, in the Federal District Court at Boston, MA, in
    early-mid 2002.

    --
    Matthew Poole Auckland, New Zealand
    "Veni, vidi, velcro...
    I came, I saw, I stuck around"

    My real e-mail is mattATp00leDOTnet
     
    Matthew Poole, Nov 13, 2003
    #9
  10. harry

    Lennier Guest

    On Fri, 14 Nov 2003 01:04:26 +1300, steve wrote:

    > My work for any work you might do on condition you share it with everyone
    > as I have done.
    >
    > How can that be illegal?


    It's not illegal - merely inconvenient, so to speak, for large
    corporations seeking to exploit the work of others.

    Lennier
     
    Lennier, Nov 15, 2003
    #10
    1. Advertising

Want to reply to this thread or ask your own question?

It takes just 2 minutes to sign up (and it's free!). Just click the sign up button to choose a username and then you can ask your own questions on the forum.
Similar Threads
  1. Buck Rogers

    IBM Counter-sues SCO

    Buck Rogers, Aug 8, 2003, in forum: NZ Computing
    Replies:
    29
    Views:
    734
    Uncle StoatWarbler
    Aug 11, 2003
  2. Howard

    SCO giving up on IBM?

    Howard, Aug 11, 2003, in forum: NZ Computing
    Replies:
    0
    Views:
    350
    Howard
    Aug 11, 2003
  3. The Flash
    Replies:
    16
    Views:
    518
    T.N.O.
    Aug 27, 2003
  4. steve
    Replies:
    10
    Views:
    592
    Bling-Bling
    Aug 13, 2005
  5. Dave Doe

    Microsoft-Google battle heats up

    Dave Doe, Sep 7, 2005, in forum: NZ Computing
    Replies:
    1
    Views:
    341
    Squirrel
    Sep 7, 2005
Loading...

Share This Page