|By Linux News Desk||
|April 29, 2004 12:00 AM EDT||
"These corporations," he continued, "will ultimately reverse support for the GPL and will pursue a more responsible direction."
Now it appears that the only one who was mistaken was Darl McBride himself, because in SCO's latest U.S. District Court filing in the ongoing SCO vs IBM saga, SCO has dropped its "affirmative defense" that the GNU General Public License (GPL) is unconstitutional.
The ever-reliable Groklaw.net site notes that in this filing, SCO Group has dropped this and four other of its earlier allegations. Pamela Jones, Groklaw founder and editor, lists them as follows:
It isn't known whether the Honorable Dale A. Kimball, the judge in charge of the case, is a Groklaw reader, but there seems little doubt that a change of heart this significant will not go unnoticed in a hurry. As Jones notes, SCO no longer suggests that the GPL violates the export laws or copyright law or antitrust law, either.
The SCO vs IBM case has generated more newsprint and Web commentary than any other Linux issue in the past 12 months. Earlier this month McBride was still advancing various reasons why he felt SCO could still win its case, but it may be that with the recent announcement by BayStar Capital that it wants its investment back - news that caused a 50% drop in the SCOX share price - SCO Group's McBride will need to re-think more than just his "unconstitutional" claim.
Some members of the community are going so far as to suggest that it is a shame that the GPL will now not be tested in court. By dropping its claim before it got as far as getting ruled on, one worry is that this might clear the way for SCO to continue pushing the "GPL-is-unconstitutional" line in speeches, letters to Congress, their other lawsuits and the like.
in a February interview with LinuxWorld Magazine editor-in-chief Kevin Bedell asked Eben Moglen, Professor of Law at Columbia University and General Counsel of the Free Software Foundation about his opinion of SCO's statements regrding the validity of the GNU General Public License, or GPL.
Here was Moglen's response, now completely vindicated by SCO's about-turn:
Moglen, it seems, was spot-on.
"As to the actual substance of any claim that the GPL is an invalid copyright permission, it's foolish.
The GPL is not some contractual example of what these days is called a license in the IP world. The GPL is an example of a permission, what we used to call a license . If you take an ordinary first-year property class in law school, which I have sometimes taught, the word license is used in a particular way to describe permission to use real property.
The traditional example of the license is my invitation to you to come to dinner at my house. If I invite you to dinner and the minute you walk over my threshold I sue you for trespassing, you go to the judge and you say "Judge, I wasn't trespassing, I had a license to be there. He invited me to dinner." That's license - the unilateral permission to be on, or use, or possess, or do something about property.
That's what copyright license used to mean before the late 20th century - a unilateral permission. The GPL is a unilateral permission. It says, we as copyright holders have the exclusive rights under the law to copy, modify, and distribute this work. But we permit you, the licensee, to do any of those things. Please note that your right to redistribute extends only to redistribution, whether of modified or unmodified versions of this work, under this license.
That's all. It says: You're permitted to do these things. And if you want to redistribute, you're permitted to redistribute so long as you use this license and this license only.
There is no promise on the other side, no contract. There's nothing to be invalid in this story. We're simply giving permission.
And there's nothing in the copyright law, or for that matter, as SCO has even more wildly suggested, in the Constitution of the United States, which prevents us from giving permission to people to perform acts which would otherwise be unperformable under copyright law.
People give permission for use of copyrighted material every day, of all sorts, and there is no case anywhere that suggests that the giving of broad permission to use, copy, modify, and distribute copyrighted material can somehow fall afoul of the copyright act or the U.S. Constitution."
SCO's arguments, if they are to be dignified by the word argument, concerning the invalidity of the GPL are just invalid. They're meant to scare people."
|Jean Marc 06/01/04 05:49:57 PM EDT|
"Sun will soon have a proprietary linux compatible OS that is enhanced with all sorts of Microsoft technology. That's going to be hard to compete against."
LOL, and you think that people will actually use that stuff? Of course not, they will (rightly) avoid it like a deadly disease... Commercial sharks still do not understand the phylosophy of Open Source. It's FREE as in FREEDOM, not as in GRATIS... The commercial sharks are just plain dead meat, their reign is over. They have to accept it and get on with their lives.
|daniel wallace 04/30/04 12:15:37 PM EDT|
The intellectual property lawyers at Sun, Oracle, IBM,
Every IP lawyer worth his salt is intimately familiar with
The courts have at times found it difficult to discern
"Activities other than copying, distribution and
The first prong of the preemption test asks: does the subject matter concern copyrights? I believe everyone will concede the GPL covers copyrights enumerated in sec. 106 of the copyright act.
The second prong asks: is there a claim other than violation
Presto! Instant preemption. All that beautiful GPL'd code
In case your wondering why those proprietary companies don't
That's why the FSF has so far convinced potential defendants
That's where SCO or some other proxy comes in. SCO is dead
Sun will soon have a proprietary linux compatible OS that is
|Fecal Extrusion 04/30/04 09:31:46 AM EDT|
>> Daaaaarl commented on 30 April 2004:
Daaaaarl, let me tell you... You can thank a stupid Canadian
I'm going to laugh watching the slowly dissolving entity
I hope a lot of Linux friendly businesses and investment
|Fecal Extrusion 04/30/04 09:19:16 AM EDT|
David Boies (SCO lawyer) must be like a moth drawn to a flame.
If I were David Boies, I'd be embarrassed and hiding.
|SCOwhat? 04/30/04 06:25:08 AM EDT|
Thanks for the url, FollowThe$$$$ - I see SCOX is still far above where they were in 2002.
|actuaLLy 04/30/04 06:21:51 AM EDT|
I don't think that Darl McBride sold any stock yet, though lots of the SCO officers have been (legally) selling SCOX stock regularly.
|FollowThe$$$$$ 04/30/04 06:20:38 AM EDT|
The entire SCO/Linux fiasco is a perfect insider stock scheme. Someone has put options on SCO and is laughing his head off: yesterday SCOX hit its new low for the year.
|Daaaaarl 04/30/04 06:16:06 AM EDT|
How can SCO keep this up? With all this idiocy, it would seem SCO are doomed. How could any company maintain with this much erosion to their credibility?
|iabervon 04/30/04 06:14:13 AM EDT|
They can just drop claims from the IBM lawsuit without consequences in it. However, they'll have to answer for it in the Red Hat lawsuit. I bet Red Hat will jump on this as a reason to restart that lawsuit, since SCO made a claim that damaged Red Hat's business and that they no longer intend to support. The judge had put the case on hold because SCO was going to try to prove their claims in the IBM case; now they don't seem interested in doing so, so they've essentially lost the bit of the IBM case relevant to the Red Hat case.
For that matter, that was supposed to be an affirmative defense against IBM's copyright infringement countersuit. If they can't come up with some other justification for their massive piracy of IBM's work, IBM is in the position to demand the SCO either GPL its putative IP or pay all of its assets in damages.
|I Agree 04/30/04 06:12:11 AM EDT|
How can they make claims and drop them like that? No consequences??
There are corporations that weren't choosing linux or were delaying programs because of this .. there were real losses. It's just wrong that you can make risk-free arbitrary claims and accusations as scare and/or FUD to try to advance your agenda .. without worry of consequences.
|For the Record 04/30/04 06:09:16 AM EDT|
Darl has claimed to own AIX and IBM code many times:
"SCO is in the enviable position of owning the UNIX operating system," said Darl McBride, president and CEO, SCO, in an interview with eWeek Thursday. "It is clear from our stand point that we have an extremely compelling case against IBM. SCO has more than 30,000 contracts with UNIX licensees and upholding these contracts is as important today as the day they were signed."
[...] "IBM has been happily giving part of the AIX code away to the Linux community, but the problem is that they don't own the AIX code," he said. "And so it's a huge problem for us. We have been talking to IBM in this regard since early December and have reached an impasse. This was thus the only way forward for us."
"Yesterday I had a request from a $28 billion company, an IBM customer, who sent us a request asking to see the AIX source code and the derivative work that came out of that. It is crystal clear to us here that certain parts of IBM are regularly reinforcing that we do have pretty strong ownership of the AIX code base,"
Darl McBride, 2003-03-07
Darl McBride, SCO's CEO since June, said in an interview this morning that the lawsuit was inspired by public comments made recently by IBM executives who have allegedly said they're moving features from IBM's AIX Unix into Linux to benefit enterprise customers as part of IBM's Linux strategy. The problem with that, McBride said, is IBM doesn't own AIX, but licenses it through SCO.
"It goes to the heart of confidentiality agreements in AIX contracts," he said. "IBM has been publicly saying that they're OK putting AIX into open source, that it's not a problem for them," he said. "When you take our valuable intellectual property and say you're going to move it into open source, then we have a major problem."
[...] "This case is about IBM making commitments to us and honoring them."
At one of their conventions this year, an IBM executive stood in front of an audience and said that IBM was going to destroy the value of Unix and move it all over to Linux. They were going to take the know-how, the people, the methods they developed over the years around AIX--which is our licensed version of Unix--and they were going to transport all that in a wholesale fashion over to Linux. Those statements alone caused us alarm. When we dug deeper, we found they, in fact, had been doing that and they were going to do more.
Darl McBride, 2003-06-16
|wepprop 04/30/04 05:59:11 AM EDT|
I see some people, here and elsewhere, making a leap of faith from the fact that SCOX has dropped their unconstitutionality claim from this matter, to concluding
Actually, a cynic like myself would argue, removing that claim from these proceedings prevents that question from being definitively decided against them and thus gives them the opportunity to introduce that very same claim in other
This would be, furthermore, consistent with the methodology of the "Big Lie," which says that the more times people hear a lie, the more often they are to believe it.
|jfabermit 04/30/04 05:57:46 AM EDT|
Assuming that some court finally rules that SCOX lacks the copyrights to UNIX or that Linux is clean anyway, and the rest of their court cases begin to crumble, how long will it be until SCOX sues Tarantella claiming that during the great Unix Licensing and name swap that OldSCO misinformed NewSCO about what exactly they were buying?
I wish I was kidding about this, but as SCO lawsuits go, it wouldn't really even be the most bizarre...
|AffirmativeSchmaffirmative 04/30/04 05:54:48 AM EDT|
This truly is the text book example of how to mess up your own case by becoming befuddled from your own attempt to befuddle others. Some hapless fools, actually no, some hapless criminals they turned out to be.
|dmscvc123 04/30/04 05:53:38 AM EDT|
They'll file a 3rd amended complaint and this time they'll claim that Linux violates Article 17 of the UN's Universal Declaration of Human Rights. Then if that doesn't work, Darl will call Linux a WMD.
|Just Remember 04/30/04 05:46:30 AM EDT|
Darl smokes crack. Linus Torvalds said so it must be true :-)
|anonymOus 04/30/04 05:42:44 AM EDT|
A legal question: Can someone make a claim in a lawsuit, then drop that claim later on, even though the defendant has made responses/counter-claims to it?
Can you really say "Oops, please ignore what we said before, here is what we really mean?" without sanction?
|sjgibbs 04/30/04 05:40:37 AM EDT|
I think the FSF could cure this issue by issuing a press release to the effect
OTOH that would be stating a negative and could make matters worse.... Ho hum...
SCO is easy to defeat but the damage will be difficult to reconstruct afterwards. We just need to stick at it untill the job is done...
|taitbb 04/30/04 05:38:51 AM EDT|
For SCO, it looks better to remove them now, than have them shot down in october or whenever by a judge. It won't look like a loss that way.
Extracting business value from Internet of Things (IoT) data doesn’t happen overnight. There are several requirements that must be satisfied, including IoT device enablement, data analysis, real-time detection of complex events and automated orchestration of actions. Unfortunately, too many companies fall short in achieving their business goals by implementing incomplete solutions or not focusing on tangible use cases. In his general session at @ThingsExpo, Dave McCarthy, Director of Products...
Dec. 8, 2016 08:45 AM EST Reads: 875
Businesses and business units of all sizes can benefit from cloud computing, but many don't want the cost, performance and security concerns of public cloud nor the complexity of building their own private clouds. Today, some cloud vendors are using artificial intelligence (AI) to simplify cloud deployment and management. In his session at 20th Cloud Expo, Ajay Gulati, Co-founder and CEO of ZeroStack, will discuss how AI can simplify cloud operations. He will cover the following topics: why clou...
Dec. 8, 2016 08:30 AM EST Reads: 952
SYS-CON Events has announced today that Roger Strukhoff has been named conference chair of Cloud Expo and @ThingsExpo 2017 New York. The 20th Cloud Expo and 7th @ThingsExpo will take place on June 6-8, 2017, at the Javits Center in New York City, NY. "The Internet of Things brings trillions of dollars of opportunity to developers and enterprise IT, no matter how you measure it," stated Roger Strukhoff. "More importantly, it leverages the power of devices and the Internet to enable us all to im...
Dec. 8, 2016 08:30 AM EST Reads: 818
With major technology companies and startups seriously embracing IoT strategies, now is the perfect time to attend @ThingsExpo 2016 in New York. Learn what is going on, contribute to the discussions, and ensure that your enterprise is as "IoT-Ready" as it can be! Internet of @ThingsExpo, taking place June 6-8, 2017, at the Javits Center in New York City, New York, is co-located with 20th Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry p...
Dec. 8, 2016 08:15 AM EST Reads: 2,034
Internet-of-Things discussions can end up either going down the consumer gadget rabbit hole or focused on the sort of data logging that industrial manufacturers have been doing forever. However, in fact, companies today are already using IoT data both to optimize their operational technology and to improve the experience of customer interactions in novel ways. In his session at @ThingsExpo, Gordon Haff, Red Hat Technology Evangelist, will share examples from a wide range of industries – includin...
Dec. 8, 2016 07:00 AM EST Reads: 1,709
"We build IoT infrastructure products - when you have to integrate different devices, different systems and cloud you have to build an application to do that but we eliminate the need to build an application. Our products can integrate any device, any system, any cloud regardless of protocol," explained Peter Jung, Chief Product Officer at Pulzze Systems, in this SYS-CON.tv interview at @ThingsExpo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Dec. 8, 2016 06:30 AM EST Reads: 1,133
Internet of @ThingsExpo has announced today that Chris Matthieu has been named tech chair of Internet of @ThingsExpo 2017 New York The 7th Internet of @ThingsExpo will take place on June 6-8, 2017, at the Javits Center in New York City, New York. Chris Matthieu is the co-founder and CTO of Octoblu, a revolutionary real-time IoT platform recently acquired by Citrix. Octoblu connects things, systems, people and clouds to a global mesh network allowing users to automate and control design flo...
Dec. 8, 2016 04:30 AM EST Reads: 741
With 15% of enterprises adopting a hybrid IT strategy, you need to set a plan to integrate hybrid cloud throughout your infrastructure. In his session at 18th Cloud Expo, Steven Dreher, Director of Solutions Architecture at Green House Data, discussed how to plan for shifting resource requirements, overcome challenges, and implement hybrid IT alongside your existing data center assets. Highlights included anticipating workload, cost and resource calculations, integrating services on both sides...
Dec. 8, 2016 04:00 AM EST Reads: 3,803
"We're a cybersecurity firm that specializes in engineering security solutions both at the software and hardware level. Security cannot be an after-the-fact afterthought, which is what it's become," stated Richard Blech, Chief Executive Officer at Secure Channels, in this SYS-CON.tv interview at @ThingsExpo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Dec. 8, 2016 04:00 AM EST Reads: 1,056
Unless your company can spend a lot of money on new technology, re-engineering your environment and hiring a comprehensive cybersecurity team, you will most likely move to the cloud or seek external service partnerships. In his session at 18th Cloud Expo, Darren Guccione, CEO of Keeper Security, revealed what you need to know when it comes to encryption in the cloud.
Dec. 8, 2016 04:00 AM EST Reads: 4,818
According to Forrester Research, every business will become either a digital predator or digital prey by 2020. To avoid demise, organizations must rapidly create new sources of value in their end-to-end customer experiences. True digital predators also must break down information and process silos and extend digital transformation initiatives to empower employees with the digital resources needed to win, serve, and retain customers.
Dec. 8, 2016 02:45 AM EST Reads: 1,306
The WebRTC Summit New York, to be held June 6-8, 2017, at the Javits Center in New York City, NY, announces that its Call for Papers is now open. Topics include all aspects of improving IT delivery by eliminating waste through automated business models leveraging cloud technologies. WebRTC Summit is co-located with 20th International Cloud Expo and @ThingsExpo. WebRTC is the future of browser-to-browser communications, and continues to make inroads into the traditional, difficult, plug-in web co...
Dec. 8, 2016 01:45 AM EST Reads: 1,413
In his general session at 19th Cloud Expo, Manish Dixit, VP of Product and Engineering at Dice, discussed how Dice leverages data insights and tools to help both tech professionals and recruiters better understand how skills relate to each other and which skills are in high demand using interactive visualizations and salary indicator tools to maximize earning potential. Manish Dixit is VP of Product and Engineering at Dice. As the leader of the Product, Engineering and Data Sciences team at D...
Dec. 8, 2016 12:30 AM EST Reads: 1,148
The Internet of Things (IoT) promises to simplify and streamline our lives by automating routine tasks that distract us from our goals. This promise is based on the ubiquitous deployment of smart, connected devices that link everything from industrial control systems to automobiles to refrigerators. Unfortunately, comparatively few of the devices currently deployed have been developed with an eye toward security, and as the DDoS attacks of late October 2016 have demonstrated, this oversight can ...
Dec. 8, 2016 12:15 AM EST Reads: 1,384
What happens when the different parts of a vehicle become smarter than the vehicle itself? As we move toward the era of smart everything, hundreds of entities in a vehicle that communicate with each other, the vehicle and external systems create a need for identity orchestration so that all entities work as a conglomerate. Much like an orchestra without a conductor, without the ability to secure, control, and connect the link between a vehicle’s head unit, devices, and systems and to manage the ...
Dec. 7, 2016 10:30 PM EST Reads: 895
"Once customers get a year into their IoT deployments, they start to realize that they may have been shortsighted in the ways they built out their deployment and the key thing I see a lot of people looking at is - how can I take equipment data, pull it back in an IoT solution and show it in a dashboard," stated Dave McCarthy, Director of Products at Bsquare Corporation, in this SYS-CON.tv interview at @ThingsExpo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Dec. 7, 2016 10:00 PM EST Reads: 1,201
Data is the fuel that drives the machine learning algorithmic engines and ultimately provides the business value. In his session at Cloud Expo, Ed Featherston, a director and senior enterprise architect at Collaborative Consulting, discussed the key considerations around quality, volume, timeliness, and pedigree that must be dealt with in order to properly fuel that engine.
Dec. 7, 2016 08:15 PM EST Reads: 2,236
As data explodes in quantity, importance and from new sources, the need for managing and protecting data residing across physical, virtual, and cloud environments grow with it. Managing data includes protecting it, indexing and classifying it for true, long-term management, compliance and E-Discovery. Commvault can ensure this with a single pane of glass solution – whether in a private cloud, a Service Provider delivered public cloud or a hybrid cloud environment – across the heterogeneous enter...
Dec. 7, 2016 05:15 PM EST Reads: 1,770
Everyone knows that truly innovative companies learn as they go along, pushing boundaries in response to market changes and demands. What's more of a mystery is how to balance innovation on a fresh platform built from scratch with the legacy tech stack, product suite and customers that continue to serve as the business' foundation. In his General Session at 19th Cloud Expo, Michael Chambliss, Head of Engineering at ReadyTalk, discussed why and how ReadyTalk diverted from healthy revenue and mor...
Dec. 7, 2016 04:30 PM EST Reads: 1,686
The many IoT deployments around the world are busy integrating smart devices and sensors into their enterprise IT infrastructures. Yet all of this technology – and there are an amazing number of choices – is of no use without the software to gather, communicate, and analyze the new data flows. Without software, there is no IT. In this power panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, Dave McCarthy, Director of Products at Bsquare Corporation; Alan Williamson, Principal...
Dec. 7, 2016 04:15 PM EST Reads: 460