|By Maureen O'Gara||
|February 20, 2004 12:00 AM EST||
You can bet your bottom dollar that SCO didn't want to do anything to set the magistrate's teeth on edge before she decides whether SCO has given IBM enough proof that it's got a case and decides whether or not IBM should turn over all its various versions of AIX and Dynix to SCO, which claims that's where most of the evidence resides.
The magistrate has already expressed some irritation about the case being tried in the press, making SCO wary.
However, SCO's resolve to sue an end user is unchanged, and the magistrate didn't meet her own self-imposed deadline and is now running a week behind, and SCO is under a lot of pressure to do what it said it was going to do lest it appear toothless.
It could decide to throw caution to the wind and make its move at any second.
Meanwhile, Red Hat is complaining about the letters SCO sent to its customer Lehman Brothers.
It's trying to supplement its suit against SCO with three letters SCO sent to Lehman's CEO Richard Fuld, and chief of operations and technology Jonathan Beyman.
Two identical letters sent to the pair last month said, "If you fail to respond to our efforts to pursue a licensing arrangement, WE WILL TURN YOUR NAME OVER TO OUR OUTSIDE COUNSEL FOR CONSIDERATION OF LEGAL ACTION." The emphasis is original.
Lehman told SCO to take the problem to Red Hat and Red Hat claims the letters prove SCO is interfering with its business. It told the court it wants to show that SCO and its contentions are "an emperor without clothes" right away.
Lehman is believed to be one of many companies to get epistles from SCO.
|Tomas 03/21/04 06:51:43 PM EST|
DF's comments on "indemnification" are essentially without merit as US copyright law (17 USC) and the Berne Convention do not provide for the liability to "fall through" to the end user if the end user is not the one to do or cause the actual infringement.
Additionally, most "indemnification" provided by any software provider covers at most what you paid for the product, and even then only under some sort of problem that the provider was unable to foresee and therefore exclude.
The only actual solid indemnification generally provided to software end users at this time appears to be that provided by several companies for Linux users.
To give an example of a "typical" proprietary vendor's "indemnification" coverage to an end user, let's look at the one directly from the SCOsource EULA (capitalization is theirs):
"LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL SCO OR ITS REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS OR THOSE OF YOUR CUSTOMERS (INCLUDING BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY OR USE OF THE SCO PRODUCTS, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEPT ONLY IN THE CASE OF PERSONAL INJURY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH SCO MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO SCO FOR THE LICENSE OF THE SCO PRODUCT THAT DIRECTLY CAUSED THE DAMAGE."
(See http://www.thescogroup.com/scosource/eula.html for complete EULA.)
Of course, there is extreme doubt that The SCO Group's claims will stand up in court, anyway, so the arguement is moot in any case.
|Adipex 03/21/04 12:41:52 PM EST|
damn good article i say too. what's the next move for all
|Avery Andrews 02/23/04 08:20:38 PM EST|
So how does DF's comment square with the typical claims that indemnification is limited to the purchase price, which will be usually far less than the theoretical maximum penalties for copyright infringement? And of course many people have pointed out that the gatekeeper's job is equally hard in a 'veiled source' project, except that there's less chance of getting caught (but not zero, thanks to corporate goofs, disgruntled (perhaps former) employees, etc)
|DF 02/20/04 11:50:20 PM EST|
With regard to copyright lawsuits aimed at licencees of contested property... The reason that these cases are rarely seen is that most licenses include an indemnification clause. When you purchase a license for a particular product from it's developer, the developer is making a promise that what their selling you has been developed without infringement, and, if infringment has occured that the developer bears responsibility for damages.
Indemnification is not part of the typical licenses for open source projects, and this is the tack that SCO is attacking Linux on. Theoretically, under either open or closed development, there is an expectation that you have educated your developers in proper and improper development process and have exerted reasonable efforts to insure that copyrights have not been infringed. In practice, it's difficult to police under open source because there are few restrictions on contributions other than an ultimate gatekeeper. It's just as hard to police under closed source as well, but because there's little chance that the violated copyright holder would ever see the source code, it's harder to detect.
The gatekeeper's job is a very hard one. For the product to be completely clean of infringment, it's important that the gatekeeper has not had exposure to proprietary information. But if one of the developers has illicitly copied code from a copyrighted source, it's hard for the gatekeeper to know that.
|Tom 02/20/04 07:24:38 PM EST|
I have never heard of a copyright lawsuit being aimed at the buyers of the infringed property. Surely customers can't be held accountable if they unknowingly purchase plagiarized material. For SCO to confront customers before it has even proved it has the rights to the linux code must be touching on harassment. I'm surprised that the companies they are mailing these harassing and intentionally intimidating notices haven't counter-sued. I think it would help SCO to reach a legal conclusion concerning IBM first, then notify linux customers about their obligations. If SCO loses the lawsuit with IBM, they will be left with mucho egg on their faces.
|Craig 02/20/04 05:24:49 PM EST|
Very well done. It's always a pleasure to read Ms. O'Gara's work -- a refreshing change from the rest of the press, which seems to be little more than a bunch of PR Newswire echos.
|Tomas 02/20/04 04:11:01 PM EST|
Well presented article. Just the facts, no arm waving.
It is refreshing how calm and collected the 'Linux side' of this issue is compared to the Caldera/SCOG side. In same ways I think that will weigh heavily on not only eventual public perceptions, but on the actual legal decisions.
Things are changing so quickly in IoT that it would take a wizard to predict which ecosystem will gain the most traction. In order for IoT to reach its potential, smart devices must be able to work together. Today, there are a slew of interoperability standards being promoted by big names to make this happen: HomeKit, Brillo and Alljoyn. In his session at @ThingsExpo, Adam Justice, vice president and general manager of Grid Connect, will review what happens when smart devices don’t work togethe...
Mar. 29, 2017 06:30 PM EDT Reads: 2,720
SYS-CON Events announced today that SoftLayer, an IBM Company, has been named “Gold Sponsor” of SYS-CON's 18th Cloud Expo, which will take place on June 7-9, 2016, at the Javits Center in New York, New York. SoftLayer, an IBM Company, provides cloud infrastructure as a service from a growing number of data centers and network points of presence around the world. SoftLayer’s customers range from Web startups to global enterprises.
Mar. 29, 2017 03:15 PM EDT Reads: 2,241
SYS-CON Events announced today that CA Technologies has been named “Platinum Sponsor” of SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY, and the 21st International Cloud Expo®, which will take place October 31-November 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. CA Technologies helps customers succeed in a future where every business – from apparel to energy – is being rewritten by software. From ...
Mar. 29, 2017 02:30 PM EDT Reads: 2,293
SYS-CON Events announced today that Technologic Systems Inc., an embedded systems solutions company, will exhibit at SYS-CON's @ThingsExpo, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Technologic Systems is an embedded systems company with headquarters in Fountain Hills, Arizona. They have been in business for 32 years, helping more than 8,000 OEM customers and building over a hundred COTS products that have never been discontinued. Technologic Systems’ pr...
Mar. 29, 2017 02:30 PM EDT Reads: 3,835
SYS-CON Events announced today that Auditwerx will exhibit at SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Auditwerx specializes in SOC 1, SOC 2, and SOC 3 attestation services throughout the U.S. and Canada. As a division of Carr, Riggs & Ingram (CRI), one of the top 20 largest CPA firms nationally, you can expect the resources, skills, and experience of a much larger firm combined with the accessibility and attent...
Mar. 29, 2017 02:30 PM EDT Reads: 722
SYS-CON Events announced today that HTBase will exhibit at SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. HTBase (Gartner 2016 Cool Vendor) delivers a Composable IT infrastructure solution architected for agility and increased efficiency. It turns compute, storage, and fabric into fluid pools of resources that are easily composed and re-composed to meet each application’s needs. With HTBase, companies can quickly prov...
Mar. 29, 2017 02:15 PM EDT Reads: 3,293
SYS-CON Events announced today that Loom Systems will exhibit at SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Founded in 2015, Loom Systems delivers an advanced AI solution to predict and prevent problems in the digital business. Loom stands alone in the industry as an AI analysis platform requiring no prior math knowledge from operators, leveraging the existing staff to succeed in the digital era. With offices in S...
Mar. 29, 2017 01:30 PM EDT Reads: 1,772
Buzzword alert: Microservices and IoT at a DevOps conference? What could possibly go wrong? In this Power Panel at DevOps Summit, moderated by Jason Bloomberg, the leading expert on architecting agility for the enterprise and president of Intellyx, panelists peeled away the buzz and discuss the important architectural principles behind implementing IoT solutions for the enterprise. As remote IoT devices and sensors become increasingly intelligent, they become part of our distributed cloud enviro...
Mar. 29, 2017 12:15 PM EDT Reads: 7,930
SYS-CON Events announced today that T-Mobile will exhibit at SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. As America's Un-carrier, T-Mobile US, Inc., is redefining the way consumers and businesses buy wireless services through leading product and service innovation. The Company's advanced nationwide 4G LTE network delivers outstanding wireless experiences to 67.4 million customers who are unwilling to compromise on ...
Mar. 29, 2017 11:45 AM EDT Reads: 2,598
SYS-CON Events announced today that Infranics will exhibit at SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Since 2000, Infranics has developed SysMaster Suite, which is required for the stable and efficient management of ICT infrastructure. The ICT management solution developed and provided by Infranics continues to add intelligence to the ICT infrastructure through the IMC (Infra Management Cycle) based on mathemat...
Mar. 29, 2017 11:00 AM EDT Reads: 3,465
SYS-CON Events announced today that Interoute, owner-operator of one of Europe's largest networks and a global cloud services platform, has been named “Bronze Sponsor” of SYS-CON's 20th Cloud Expo, which will take place on June 6-8, 2017 at the Javits Center in New York, New York. Interoute is the owner-operator of one of Europe's largest networks and a global cloud services platform which encompasses 12 data centers, 14 virtual data centers and 31 colocation centers, with connections to 195 add...
Mar. 29, 2017 10:15 AM EDT Reads: 1,757
SYS-CON Events announced today that Cloudistics, an on-premises cloud computing company, has been named “Bronze Sponsor” of SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Cloudistics delivers a complete public cloud experience with composable on-premises infrastructures to medium and large enterprises. Its software-defined technology natively converges network, storage, compute, virtualization, and management into a ...
Mar. 29, 2017 10:00 AM EDT Reads: 2,369
In his session at @ThingsExpo, Eric Lachapelle, CEO of the Professional Evaluation and Certification Board (PECB), will provide an overview of various initiatives to certifiy the security of connected devices and future trends in ensuring public trust of IoT. Eric Lachapelle is the Chief Executive Officer of the Professional Evaluation and Certification Board (PECB), an international certification body. His role is to help companies and individuals to achieve professional, accredited and worldw...
Mar. 29, 2017 08:45 AM EDT Reads: 964
In his General Session at 16th Cloud Expo, David Shacochis, host of The Hybrid IT Files podcast and Vice President at CenturyLink, investigated three key trends of the “gigabit economy" though the story of a Fortune 500 communications company in transformation. Narrating how multi-modal hybrid IT, service automation, and agile delivery all intersect, he will cover the role of storytelling and empathy in achieving strategic alignment between the enterprise and its information technology.
Mar. 29, 2017 08:00 AM EDT Reads: 7,577
Microservices are a very exciting architectural approach that many organizations are looking to as a way to accelerate innovation. Microservices promise to allow teams to move away from monolithic "ball of mud" systems, but the reality is that, in the vast majority of organizations, different projects and technologies will continue to be developed at different speeds. How to handle the dependencies between these disparate systems with different iteration cycles? Consider the "canoncial problem" ...
Mar. 29, 2017 06:00 AM EDT Reads: 9,096
The Internet of Things is clearly many things: data collection and analytics, wearables, Smart Grids and Smart Cities, the Industrial Internet, and more. Cool platforms like Arduino, Raspberry Pi, Intel's Galileo and Edison, and a diverse world of sensors are making the IoT a great toy box for developers in all these areas. In this Power Panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, panelists discussed what things are the most important, which will have the most profound e...
Mar. 29, 2017 04:00 AM EDT Reads: 15,142
Keeping pace with advancements in software delivery processes and tooling is taxing even for the most proficient organizations. Point tools, platforms, open source and the increasing adoption of private and public cloud services requires strong engineering rigor - all in the face of developer demands to use the tools of choice. As Agile has settled in as a mainstream practice, now DevOps has emerged as the next wave to improve software delivery speed and output. To make DevOps work, organization...
Mar. 29, 2017 03:45 AM EDT Reads: 2,203
My team embarked on building a data lake for our sales and marketing data to better understand customer journeys. This required building a hybrid data pipeline to connect our cloud CRM with the new Hadoop Data Lake. One challenge is that IT was not in a position to provide support until we proved value and marketing did not have the experience, so we embarked on the journey ourselves within the product marketing team for our line of business within Progress. In his session at @BigDataExpo, Sum...
Mar. 29, 2017 03:30 AM EDT Reads: 3,281
Web Real-Time Communication APIs have quickly revolutionized what browsers are capable of. In addition to video and audio streams, we can now bi-directionally send arbitrary data over WebRTC's PeerConnection Data Channels. With the advent of Progressive Web Apps and new hardware APIs such as WebBluetooh and WebUSB, we can finally enable users to stitch together the Internet of Things directly from their browsers while communicating privately and securely in a decentralized way.
Mar. 29, 2017 03:00 AM EDT Reads: 6,120
DevOps is often described as a combination of technology and culture. Without both, DevOps isn't complete. However, applying the culture to outdated technology is a recipe for disaster; as response times grow and connections between teams are delayed by technology, the culture will die. A Nutanix Enterprise Cloud has many benefits that provide the needed base for a true DevOps paradigm.
Mar. 29, 2017 01:15 AM EDT Reads: 2,563