[SLUG] Fwd: Gartner Warning

From: Brett Simpson (Simpsonb@hillsboroughcounty.org)
Date: Fri Jul 25 2003 - 08:02:02 EDT


Thoughts?

I wrote the following to counter the forwarded email.

This is incorrect.

1: SCO has not demonstrated that any infringement exists, nor has it established that it owns derivative works in UNIX. Nothing has been proven to establish that such a license is needed.
This was uptained from Redhat. http://www.redhat.com/advice/speaks_rhletter2.html
2: Bill mentioned about "illegal in copyright law". This is true and is why SCO will not succeed in any lawsuit about "infringing code" since SCO has distributed the so called "infringing code" under the GPL itself. This means the "infringing code" if any has been been licensed under the GPL. So any claims by SCO in court to IP violations will fail.
This is made very clear in the license FAQ and the license itself. http://www.gnu.org/licenses/gpl-faq.html#GPLModuleLicense

Also two companies in Germany and Australia have filed lawsuits against SCO. Other companies in Japan have made statements that they see no reason to pay SCO any license fees.
http://www.theinquirer.net/?article=10635

Brett


attached mail follows:


Here's the PDF attachment...


attached mail follows:


Yesterday Gartner released a warning to organizations to slow or reconsider their Linux purchases. Their warning is based on new information revealed by SCO and their announcement that they will offer amnesty licenses to Linux users who don't want to be sued.

I've been following the issue closely and this new Linux maneuver concerns me. SCO may now have considerable evidence that some advanced Linux features were duplicated from the copy written SCO-owned code.

My take is that this was likely done without malice by programmers working day-jobs as Unix developers AND by night contributing similar (or the same) code to the Open Source community.

I think that this will become the revealed source of the problem. But with or without malice it is still illegal in copyright law and SCO may very well have grounds to "tax" any Linux installation or face liability.

Here's the Gartner link:
http://www3.gartner.com/DisplayDocument?doc_cd=116445

and the PDF version is attached.





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