|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.
Recurring revenue models are great for driving new business in every market sector, but they are complex and need to be effectively managed to maximize profits. How you handle the range of options for pricing, co-terming and proration will ultimately determine the fate of your bottom line. In his session at 15th Cloud Expo, Brendan O'Brien, Co-founder at Aria Systems, session examined: How time impacts recurring revenue How to effectively handle customer plan changes The range of pricing and packaging options to consider
Jan. 26, 2015 09:00 AM EST Reads: 3,936
Things are being built upon cloud foundations to transform organizations. This CEO Power Panel at 15th Cloud Expo, moderated by Roger Strukhoff, Cloud Expo and @ThingsExpo conference chair, addressed the big issues involving these technologies and, more important, the results they will achieve. Rodney Rogers, chairman and CEO of Virtustream; Brendan O'Brien, co-founder of Aria Systems, Bart Copeland, president and CEO of ActiveState Software; Jim Cowie, chief scientist at Dyn; Dave Wagstaff, VP and chief architect at BSQUARE Corporation; Seth Proctor, CTO of NuoDB, Inc.; and Andris Gailitis, C...
Jan. 26, 2015 09:00 AM EST Reads: 3,799
The Industrial Internet revolution is now underway, enabled by connected machines and billions of devices that communicate and collaborate. The massive amounts of Big Data requiring real-time analysis is flooding legacy IT systems and giving way to cloud environments that can handle the unpredictable workloads. Yet many barriers remain until we can fully realize the opportunities and benefits from the convergence of machines and devices with Big Data and the cloud, including interoperability, data security and privacy.
Jan. 26, 2015 07:45 AM EST Reads: 3,719
Code Halos - aka "digital fingerprints" - are the key organizing principle to understand a) how dumb things become smart and b) how to monetize this dynamic. In his session at @ThingsExpo, Robert Brown, AVP, Center for the Future of Work at Cognizant Technology Solutions, outlined research, analysis and recommendations from his recently published book on this phenomena on the way leading edge organizations like GE and Disney are unlocking the Internet of Things opportunity and what steps your organization should be taking to position itself for the next platform of digital competition.
Jan. 26, 2015 02:00 AM EST Reads: 4,350
In their session at @ThingsExpo, Shyam Varan Nath, Principal Architect at GE, and Ibrahim Gokcen, who leads GE's advanced IoT analytics, focused on the Internet of Things / Industrial Internet and how to make it operational for business end-users. Learn about the challenges posed by machine and sensor data and how to marry it with enterprise data. They also discussed the tips and tricks to provide the Industrial Internet as an end-user consumable service using Big Data Analytics and Industrial Cloud.
Jan. 26, 2015 01:00 AM EST Reads: 3,963
SYS-CON Media announced that Splunk, a provider of the leading software platform for real-time Operational Intelligence, has launched an ad campaign on Big Data Journal. Splunk software and cloud services enable organizations to search, monitor, analyze and visualize machine-generated big data coming from websites, applications, servers, networks, sensors and mobile devices. The ads focus on delivering ROI - how improved uptime delivered $6M in annual ROI, improving customer operations by mining large volumes of unstructured data, and how data tracking delivers uptime when it matters most.
Jan. 26, 2015 12:45 AM EST Reads: 5,298
SYS-CON Events announced today that ActiveState, the leading independent Cloud Foundry and Docker-based PaaS provider, has been named “Silver Sponsor” of SYS-CON's DevOps Summit New York, which will take place June 9-11, 2015, at the Javits Center in New York City, NY. ActiveState believes that enterprises gain a competitive advantage when they are able to quickly create, deploy and efficiently manage software solutions that immediately create business value, but they face many challenges that prevent them from doing so. The Company is uniquely positioned to help address these challenges thro...
Jan. 25, 2015 11:45 PM EST Reads: 2,870
SYS-CON Media announced that Cisco, a worldwide leader in IT that helps companies seize the opportunities of tomorrow, has launched a new ad campaign in Cloud Computing Journal. The ad campaign, a webcast titled 'Is Your Data Center Ready for the Application Economy?', focuses on the latest data center networking technologies, including SDN or ACI, and how customers are using SDN and ACI in their organizations to achieve business agility. The Cisco webcast is available on-demand.
Jan. 25, 2015 07:00 PM EST Reads: 2,080
IoT is still a vague buzzword for many people. In his session at @ThingsExpo, Mike Kavis, Vice President & Principal Cloud Architect at Cloud Technology Partners, discussed the business value of IoT that goes far beyond the general public's perception that IoT is all about wearables and home consumer services. He also discussed how IoT is perceived by investors and how venture capitalist access this space. Other topics discussed were barriers to success, what is new, what is old, and what the future may hold. Mike Kavis is Vice President & Principal Cloud Architect at Cloud Technology Pa...
Jan. 25, 2015 06:15 PM EST Reads: 5,060
Dale Kim is the Director of Industry Solutions at MapR. His background includes a variety of technical and management roles at information technology companies. While his experience includes work with relational databases, much of his career pertains to non-relational data in the areas of search, content management, and NoSQL, and includes senior roles in technical marketing, sales engineering, and support engineering. Dale holds an MBA from Santa Clara University, and a BA in Computer Science from the University of California, Berkeley.
Jan. 25, 2015 06:00 PM EST Reads: 4,783
The Internet of Things (IoT) is rapidly in the process of breaking from its heretofore relatively obscure enterprise applications (such as plant floor control and supply chain management) and going mainstream into the consumer space. More and more creative folks are interconnecting everyday products such as household items, mobile devices, appliances and cars, and unleashing new and imaginative scenarios. We are seeing a lot of excitement around applications in home automation, personal fitness, and in-car entertainment and this excitement will bleed into other areas. On the commercial side, m...
Jan. 25, 2015 06:00 PM EST Reads: 4,501
The Internet of Things (IoT) promises to evolve the way the world does business; however, understanding how to apply it to your company can be a mystery. Most people struggle with understanding the potential business uses or tend to get caught up in the technology, resulting in solutions that fail to meet even minimum business goals. In his session at @ThingsExpo, Jesse Shiah, CEO / President / Co-Founder of AgilePoint Inc., showed what is needed to leverage the IoT to transform your business. He discussed opportunities and challenges ahead for the IoT from a market and technical point of vie...
Jan. 25, 2015 04:30 PM EST Reads: 5,153
SYS-CON Events announced today that CodeFutures, a leading supplier of database performance tools, has been named a “Sponsor” of SYS-CON's 16th International Cloud Expo®, which will take place on June 9–11, 2015, at the Javits Center in New York, NY. CodeFutures is an independent software vendor focused on providing tools that deliver database performance tools that increase productivity during database development and increase database performance and scalability during production.
Jan. 25, 2015 04:00 PM EST Reads: 2,545
Today’s enterprise is being driven by disruptive competitive and human capital requirements to provide enterprise application access through not only desktops, but also mobile devices. To retrofit existing programs across all these devices using traditional programming methods is very costly and time consuming – often prohibitively so. In his session at @ThingsExpo, Jesse Shiah, CEO, President, and Co-Founder of AgilePoint Inc., discussed how you can create applications that run on all mobile devices as well as laptops and desktops using a visual drag-and-drop application – and eForms-buildi...
Jan. 25, 2015 03:00 PM EST Reads: 3,847
"People are a lot more knowledgeable about APIs now. There are two types of people who work with APIs - IT people who want to use APIs for something internal and the product managers who want to do something outside APIs for people to connect to them," explained Roberto Medrano, Executive Vice President at SOA Software, in this SYS-CON.tv interview at Cloud Expo, held Nov 4–6, 2014, at the Santa Clara Convention Center in Santa Clara, CA.
Jan. 25, 2015 02:30 PM EST Reads: 3,896
Performance is the intersection of power, agility, control, and choice. If you value performance, and more specifically consistent performance, you need to look beyond simple virtualized compute. Many factors need to be considered to create a truly performant environment. In his General Session at 15th Cloud Expo, Harold Hannon, Sr. Software Architect at SoftLayer, discussed how to take advantage of a multitude of compute options and platform features to make cloud the cornerstone of your online presence.
Jan. 25, 2015 02:15 PM EST Reads: 4,754
Almost everyone sees the potential of Internet of Things but how can businesses truly unlock that potential. The key will be in the ability to discover business insight in the midst of an ocean of Big Data generated from billions of embedded devices via Systems of Discover. Businesses will also need to ensure that they can sustain that insight by leveraging the cloud for global reach, scale and elasticity.
Jan. 25, 2015 01:00 PM EST Reads: 5,572
“The age of the Internet of Things is upon us,” stated Thomas Svensson, senior vice-president and general manager EMEA, ThingWorx, “and working with forward-thinking companies, such as Elisa, enables us to deploy our leading technology so that customers can profit from complete, end-to-end solutions.” ThingWorx, a PTC® (Nasdaq: PTC) business and Internet of Things (IoT) platform provider, announced on Monday that Elisa, Finnish provider of mobile and fixed broadband subscriptions, will deploy ThingWorx® platform technology to enable a new Elisa IoT service in Finland and Estonia.
Jan. 25, 2015 11:00 AM EST Reads: 2,218
Advanced Persistent Threats (APTs) are increasing at an unprecedented rate. The threat landscape of today is drastically different than just a few years ago. Attacks are much more organized and sophisticated. They are harder to detect and even harder to anticipate. In the foreseeable future it's going to get a whole lot harder. Everything you know today will change. Keeping up with this changing landscape is already a daunting task. Your organization needs to use the latest tools, methods and expertise to guard against those threats. But will that be enough? In the foreseeable future attacks w...
Jan. 25, 2015 11:00 AM EST Reads: 4,476
As enterprises move to all-IP networks and cloud-based applications, communications service providers (CSPs) – facing increased competition from over-the-top providers delivering content via the Internet and independently of CSPs – must be able to offer seamless cloud-based communication and collaboration solutions that can scale for small, midsize, and large enterprises, as well as public sector organizations, in order to keep and grow market share. The latest version of Oracle Communications Unified Communications Suite gives CSPs the capability to do just that. In addition, its integration ...
Jan. 25, 2015 11:00 AM EST Reads: 4,271