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Tuesday Jun 29, 2004

As open source and intellectual property licensing are two hot Sun Bloggers topics, I thought that I would recommend an article titled "The Linux Killer", published in this month (July 2004) issue of WIRED magazine. It talks about SCO President and CEO Darl McBridge who, by claiming intellectual property rights on Unix operating systems, is aggressively sueing major Linux distributers for non authorized derivative code appropriation, even targeting directly their customers. See SCO intellectual property license published on its web site (access might be slow, they are said to be under frequent deny of service attacks ;)). In a related article, Linus Torvalds is also blamed of not having enforced a strict copyright assignment policy for Linux code contributors.
Comments:

"...aggressively sueing major Linux distributers for non authorized derivative code appropriation, and even targeting directly their customers." Actually, SCO has taken great pains to avoid suing major Linux distributors. Red Hat has even gone so far as to sue SCO, asking for a declaratory judgment that their distribution does not infringe. This is currently being delayed pending the SCO vs IBM litigation, which SCO emphasizes is a contract dispute, not a copyright action. Meanwhile SCO has sued two of SCO's own former customers (who are also, as it happens, Red Hat customers) for allegedly failing to respond to a UNIX license audit request in a timely fashion, and Novell for "slander of title" due to Novell's disputing the validity of SCO's claimed copyrights. Novell is a Linux distributor since its purchase of SuSE, but SCO's suit against them does not address this. SCO has not sought to shut down *any* commercial Linux distribution channel. Those who are interested in following the SCO cases should probably check out http://www.groklaw.net/ If nothing else, it's fascinating to see the legal filings and court transcripts collected and analyzed; we so rarely see the details of these corporate battles up close. (I apologize for the lack of paragraph breaks; HTML has been disabled and normal line breaks don't seem to be recognized.)

Posted by Brion Vibber on June 29, 2004 at 07:34 PM PDT #

His name is Linus Torvalds :)

Posted by Was passing by... on June 30, 2004 at 04:57 AM PDT #

Thanks Brion for the link, details look a bit hugly "SCO has accused Novell of costing them business by raising doubts about their ownership of copyrights on UNIX". Sorry also for HTML being disabled, that is how roller is globally configured. Now mister smart anonymous, I am pretty sure I meant "Linux Torvald" ;)... Well, ok, my mistake... I will fix it, purpose of the post was not to be funny :)

Posted by Unknown on June 30, 2004 at 08:33 AM PDT #

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