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Author Topic: IBM Files New Claims Against SCO in Linux Case  (Read 2389 times)

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Offline bhoggettTopic starter

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IBM Files New Claims Against SCO in Linux Case
« on: September 27, 2003, 08:19:52 PM »
"International Business Machines Corp. has filed new counterclaims against SCO Group Inc. in the closely watched case involving the Linux operating system, according to a memo sent to the IBM sales force."

"According to the memo, which was obtained by The Wall Street Journal, the new counterclaim charges that SCO infringed IBM's copyrights by distributing IBM's contributions to Linux after SCO had violated its Linux license by claiming a copyright on parts of Linux.

"IBM says in its counterclaim that SCO violated the general Public License under which Linux is distributed..."

Full story

Source: Linux Today

Bill Hoggett
 

Offline whabang

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Re: IBM Files New Claims Against SCO in Linux Case
« Reply #1 on: September 27, 2003, 10:10:19 PM »
Baah! Who cares? Soon we will all be ruled by SW-patents anyway...
Wonder if I can patent  "IF-THEN-ELSE." :-D
Beating the dead horse since 2002.
 

Offline Tomas

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Re: IBM Files New Claims Against SCO in Linux Case
« Reply #2 on: September 27, 2003, 10:52:33 PM »
Quote
Baah! Who cares? Soon we will all be ruled by SW-patents anyway...

Sad but entirely  true  :-x
 

Offline amigau

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Re: IBM Files New Claims Against SCO in Linux Case
« Reply #3 on: September 27, 2003, 10:56:19 PM »
I care, because I hope that SCO gets the comeuppance they deserve.   It's pitiful when a linux company takes an 'income by litigation' approach after making several bad business decisions (Caldera buying the remants of SCO in the first place, failing to differentiate themselves in the linux market, etc. etc.) .

If you read anything Linus T. has posted about this stupidity, he seems pretty clear (and if anyone knew about this, he should, definitely better than SCO's stupid lawyers) that even in the remote chance there was System V code that was patented, and not already owned by NOVELL (not SCO) or otherwise, it would be a pretty fast fix to get it out and then SCO would again be up a creek because they couldn't charge Linux users ANYTHING to use the OS.  

At present, the only major revealed licensee of SCO is (who else), Micro$oft, and we already know how much THEY care about using others' code (ask Spyglass how long it took M$ to pay them for the IE code, ask Stacker how M$ ripped them off for disk compression technology, ask Univ. of Berkeley about the rumours that the M$ TCP stack includes GPL BSD code, and even ask Caldera/SCO how M$ ripped them off on DR DOS)  That last one should be evidence to Caldera/SCO that they aren't going to get anything out of this but a bunch of hatred and serious backlash at best, at worst they will be sued out of existence by IBM, I don't think there's going to be a settlement on this one....

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Offline Floid

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Re: IBM Files New Claims Against SCO in Linux Case
« Reply #4 on: September 27, 2003, 11:24:26 PM »
Insightful comments from Slashdot's 20-years-of-GNU thread, covering all sides of the issue:

http://developers.slashdot.org/comments.pl?sid=80088&cid=7070473

http://developers.slashdot.org/comments.pl?sid=80088&cid=7070501

http://developers.slashdot.org/comments.pl?sid=80088&cid=7070414

The GPL, used wisely, does throw a lot of leverage back to hardware companies.  At the same time, it lowers the bar for other hardware companies to enter the market; heck, both Eyetech and Genesi are benefiting from Linux on their platforms.  

As to patents in the specific case, IBM can wield theirs against other implementors, but trying to lever one for profit against users of their GPL-released code would be as uphill a battle as SCO's.  

Of course, broad software patents are indeed a stifling idea in the 'general' world, and more benefiting to incumbents with large pockets and portfolios for cross-licensing deals than the GPL could ever be.  Nothing says copyleftware has to require more constant rewriting than a commercial package (AmigaOS?); it's just that open/Free developers have tended to be lazy with their planning.*

Patents offer no guarantee that the holders will license them on any terms.

---

*Some might say 'pragmatic.'  But then who says you can't approach modular robustness pragmatically?
 

Offline amigamad

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Re: IBM Files New Claims Against SCO in Linux Case
« Reply #5 on: September 27, 2003, 11:46:05 PM »
Go ibm kick there butt. :-)
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