SCO Attorney Declares GPL Invalid 1137
chrullrich writes "According to heise (German, fishbait), SCO's chief counsel Mark Heise (unrelated) of Boies, Schiller and Flexner has declared that the GPL violates the US copyright law and is thus null and void. SCO's legal position is actually a little too crazy to believe: The GPL allows unlimited copies, the copyright law allows one. Therefore, the GPL is invalid. Apparently, they try to argue that the copyright law, in giving consumers the right to make one backup of their software without any permission from the copyright holder, outlaws any contractual agreement that allows users to make more than one copy." There's an Inquirer article in English. Apparently SCO is now using the Chewbacca Defense. Other SCO news: SCO reports a profit, examining SCO's contributions to Linux, an attorney summarizes the case.
Hmm (Score:5, Insightful)
...and I declare SCO "petunias"... (Score:5, Insightful)
So I can't copy something I create? (Score:4, Insightful)
Only one copy, huh? (Score:4, Insightful)
when do we get a SCO section on /. (Score:4, Insightful)
This is stupid (Score:5, Insightful)
Because authors and publishers make a contract?
The GPL is, in a sense, also a contract. It says, "We're giving these rights to you. You don't have to agree to our terms, but if you want the rights we give to you, you have to agree to our other terms." The GPL doesn't modify copyright laws, any more than a contract an author makes with a publishing house does.
Sheesh.
Re:Hmm (Score:3, Insightful)
Uncontrollable Outrage? (Score:4, Insightful)
SCO press releases make the (former) Iraqi Information Minister look "forthcomingly honest" and makes Faux news "fair and balanced". Heck, it makes Steve Ballmer look sedated.
S
Re:Hold up a second... (Score:5, Insightful)
However, that being said, Copyleft is BASED on Copyright. What they are saying is.. no matter what the license says, you can only make one copy. Of ANYTHING.
So the Book Publishers and Authors need to start suing the printing press companies, since they give them the "right" to make copies so they can sell them.
What a pantload. (Score:2, Insightful)
In other words, I can write a poem and I can make a public declaration that my poen belongs to the world and that anyone that wants can copy it and give it away and modify it and give that away, as much as they like. You can't then come along and tell me that there is a law that overrides my wishes (that my work be freely copied and distributed) and that I'm a lawbreaker..
SCO is a dirty diaper. They are full of shit, they stink and they need to be changed and thrown out..
Re:...and I declare SCO "petunias"... (Score:3, Insightful)
I'm afraid that would only validate SCO's claim that the GPL is invalid. I'd say, in this case, the damage that could be done to SCO in such a lawsuit is insignificant compared to the damage that eliminating the GPL would do to open source software.
Not How I Expected the GPL to be Challenged (Score:5, Insightful)
Re:Hmm (Score:5, Insightful)
This is not quite so dumb as it sounds, however. (Disclaimer - IANAL, I'm also Canadian) According to US law, there's 2 ways to release your work - with or without copyright. They seem to be arguing that the GPL invalidates itself since it doesn't seek to restrict how the work is distributed, and all GPLed works should therefore be in the public domain (no copyright).
OK, so it's really a bad argument, since the GPL does place restrictions on distrubuton, but it's likely the best of a bad lot.
Unfortunately for SCO, they're about to get on the wrong side of Microsoft too, since MS allows large coprorate customers to make unlimited copies of thier software, but with restrictions. Someone could use the precedent set by this case (should SCO win - HA) to invalidate those licenses as well.
All in all, I'd say RMS was at his insideous best when he crafted the GPL - delcare the GPL invalid, and all other IP licenses are fair game too.
Soko
Re:Hmm (Score:1, Insightful)
IT IS NOT FREE...It has conditions and limitations...It requires a barter...copying is the means of distrubution...that's it that's all.
Legal Loophole? (Score:2, Insightful)
Also, on a side note, why is SCO making this the focus of the case if the reason for the lawsuit is that they are claiming that code was used without their permision. If that is the focus of the case then they should prove that code was used without there permision - not that the program is distribuited and they don't like the way it is distriuted.
What the GPL is. Why this won't work. (Score:1, Insightful)
A copyright is a governmental monopoly given to the author to allow them to control the production of copies of their work, to allow them to extract maximum profit from their activity (for a limited period... not so limited anymore, mind).
The GPL does not limit a person's copyright holding as the author. Such a license would be an illegal contract.
An author with copyright is able to offer a license to produce copies to publishing organisations. In the case of books, a publishing company. The author still holds the copyright, but they allow someone else to exercise it, based on conditions (either a set fee, or a more detailed contract). In fact, without these enabling contracts, copyright is merely a prison of ideas. They must be copied somehow and more authors are unable to do so themselves.
An author might write a book and then draw up a contract with a publisher to allow them exclusive rights to print hard copies for a limited time, with a set percentage of the profits going to the author. In the book business, it is common for publishers to borrow the copyright from the author for a given time, so that the author can't allow someone else to publish too. In the book business, three publishers producing the same new book is bad for the business of each publisher.
The GPL is a contract like the ones authors sign, that sits above copyright law. It extends it and makes it useful.
The GPL is a reasonable contract, by and large. It does not break the fundamental rights granted by law to the publishing parties, so it is a legal contract. Moreover, it does not damage copyright law, nor does it take the copyright away from the author illegally. If you don't like it, don't copy it and don't take advantage of the copyright monopolist giving you the ability to produce copies.
It is worth understanding, though, that each of us are publishers and have legal requirements to act in a responsible way.
But the GPL is quite, quite valid.
Are you PURPOSELY being thick?!? (Score:0, Insightful)
They may wind up being right of course, but that's not my point here...
I'm wondering why everyone is posting in a manner that suggests they didn't even understand the argument?
What SCO is claiming is that since the JPL is not a recognized framework under the law, but U.S. copyright law of course is, any contradiction between the two should result in what U.S. copyright law saying winning out.
They then further say that since U.S. copyright law allows for only one backup copy, any provision stating otherwise in the JPL is null and void under U.S. copyright law.
(One presumes they are only claiming this applies in the United States, they're flakier than we all think if they're claiming otherwise).
Those two points, when taken together, is their argument. And contrary to what so many seem to be saying, it is a logical conclusion to draw.
I'm not saying they are right... You have to use some discretion when applying law, that's what judges are ultimately for, and I, like everyone else, suspect that a judge is going to laugh about this.
But, it does make sense on the surface, and I'm surprised so many of you uber-geeks don't seem to see the argument for what it is, which is a massively stretched piece of logic, but a piece of logic none the less.
Re:Hold up a second... (Score:5, Insightful)
Re:howto: disable caldera news (Score:5, Insightful)
The GPL is being formally challenged in court. I fail to see how that *couldn't* be "News for Nerds" or "Stuff that Matters". This affects *everyone* here, and hundreds of millions of people that don't read
huh (Score:3, Insightful)
wtf? this is wrong... Copyright law allows one backup copy, and such other copies as are necesary to use the software, unless the copyright holder grants permission to make more.
So, am I violating US copyrights law? (Score:2, Insightful)
But hold on a second; I thought GPL was an agreement more for distributor to release copyrighted materials to public without fees. While EULA is a Nazi copyright contract to limit users' rights, GPL works both on copyrights holder, distributor and end users mutually.
hmm, looks like SCO legal team, in desperation, is making radical accusations that is tough to verify.
Re:SCO and UNIX (Score:3, Insightful)
Re:So I can't copy something I create? (Score:5, Insightful)
That does appear to be their argument. IANAL, but I cannot imagine that any judge could be convinced that the provision of the copyright law that allows you to make a backup copy, even if you don't have the permission of the copyright owner, somehow constrains the owner from permitting you to make modifications or copies or whatever.
To me, this just makes it abundantly clear -- as if further proof were necessary -- that SCO has no desire for this lawsuit to ever see the inside of a courtroom.
I think SCO is beginning to feel cornered -- not before time. In their earnings webcast today, they presented a "defense" of the stock sales by corporate insiders, which somehow left out how all these pre-planned sales happened (coincidentally, I'm sure) to start right after the lawsuit was announced.
Site licenses? (Score:3, Insightful)
SCO's agreement with IBM (Score:5, Insightful)
Come to think of it, SCO's source code agreements with everyone else (including Sun and MS) are probably invalid also. This is hilarious.
I am now waiting for SCO's explanation on how code in Linux can still be a secret in spite of the fact that tens of thousands of people regularly look at it. Next, we can learn how patent law does not permit Novell to retain Unix patents when relinguishing the source code and why SCO really does have the right to keep talking about its right to the 'Unix' IP (when it is supposed to have no such right because it does not even own the Unix trademark).
Re:There is no way to win! (Score:4, Insightful)
Re:Are you PURPOSELY being thick?!? (Score:5, Insightful)
Copyright dictates that *only* those who have been permission to distribute a copyrighted work may do so (Note, *distribute*, not merely copy.... copyright law is actually quite relaxed on the allowance of copying for purposes of fair use).
The GPL outlines what terms a person must agree to in order to acquire permission from the copyright holder to distribute copies of the works.
Therefore, simple failure to abide by those terms while continuing to distribute such works is plain ordinary copyright infringement.
Re:Hmm (Score:4, Insightful)
So they are trying to sell licenses on something they attest in court to be public domain. I wonder if the right hand knows what the left is doing.
Re:Finally, a Substantive Claim from SCO (Score:2, Insightful)
By their logic (Score:5, Insightful)
Give me another hit of that stuff...... (Score:1, Insightful)
Comment removed (Score:3, Insightful)
Agreed (Score:1, Insightful)
Do you think that those who are making decisions over this issue have the ideals of open source in mind? IBM and RH? They only want it for corporate profits. SCO(X)... yeah... big negative. The Courts?! They might be the only one we can get through to. We have to get involved. I recomend starting an e-mail list to protest the abuse of free rights that are being presented in this lawsuit.
or maybee I am just an idiot for thinking that a bunch of
hate me.
proud member [aclu.org]
Re:There is no way to win! (Score:5, Insightful)
-molo
Some praise for RMS (Score:5, Insightful)
It seems to me the GPL acts as a balancer against a changing legal climate - the more "IP" friendly and less "fair use" friendly that climate becomes, the stronger the GPL becomes.
Brilliant.
So if SCO does win based on this argument... (Score:3, Insightful)
So if SCO does convince some court of law that this is a valid argument, they'll self-destruct.
How on earth can SCO get theri own product CDs pressed if the CD production company is only allowed to make one copy from the master? ;)
Yaz.
Re:Hold up a second... (Score:3, Insightful)
Technically this is correct. There is no "copyleft" concept in the lawbooks.
However, legally there is a such thing as "copyleft". It is provided for by the GPL and other free software licenses. These are legal and binding license agreements set by the licensor and agreed to by the licensee. Regardless of copyright.
Simply put:
I the author give permission to you the recipient to copy and modify (beyond that allowed by law since the works are mine and I have say over how my works are handled) the works I created and own provided you follow the the rules I have set. If you do not agree to these terms, you have no rights or permission by me the author to circumvent normal copyright laws.
Um...okay... (Score:5, Insightful)
Since SCO claims the GPL is invalid and therefore SCO is not bound by it, then that works both ways. Authors of the software are not bound by it either. Therefore, everyone who has ever written a line of code that is used anywhere in GNU/Linux should now inform SCO that their rights to distribute the author's code has been withdrawn, royalties for any future distribution will be required, and royalties for past distribution are now due...just like SCO is wanting to do to IBM. If they want to play games, then dammit we can play games too. Batter up!
Re:Are you PURPOSELY being thick?!? (Score:5, Insightful)
No, it's not thin, it's transparent. Invisible. Non-existant. A fart in a sewer.
I'm wondering why everyone is posting in a manner that suggests they didn't even understand the argument?
Perhaps because they do understand the argument, and the conclusion it draws is so laughably stupid it's unbelieveable.
What SCO is claiming is that since the JPL is not a recognized framework under the law
Yes, and this is the part that falls under "laughably stupid" - no contract that hasn't been to court is a "recognized framework" - but that doesn't mean that every contract that hasn't been validated by a judge is invalid.
any contradiction between the two should result in what U.S. copyright law saying winning out.
And (again) this is NOT a logical conclusion - people give up their rights in contracts every day. The NDA that SCO wants people to sign to see the alleged infringing code forces people to give up their right to free speech - does this mean that the NDA is unenforcable? Of course not.
They then further say that since U.S. copyright law allows for only one backup copy, any provision stating otherwise in the JPL is null and void under U.S. copyright law.
And this is their second unbelievably bone-headed, colossaly stupid statement.. The US copyright law allows for one backup copy without the permission of the copyright holder (and this is not entirely correct.) Note that key phrase. The GPL is exactly what gives them that permission.
Those two points, when taken together, is their argument. And contrary to what so many seem to be saying, it is a logical conclusion to draw.
It's only logical if you decide to throw away the concept that people are free to enter into contracts as they see fit - which is ludicrous.
It has NO logic behind it. At all.
it does make sense on the surface
If you define "the surface" as "believe everything they say, without applying any kind of logic-check to it at all", then you may be correct. But as soon as you decide to engage your brain, you see that it's totally and completely without merit of any kind.
Re:This is stupid (Score:5, Insightful)
Copyright law is the basis of the GPL. Copyright law says that the original holder of the copyright has the exclusive right to copy a work. The only way you can copy a work that has Copyright protection is with the permission of the author (or some other cases involving fair use that aren't relevant to this post). Most Copyright business happens as a result of contracts between the Copyright holder and those that make copies. In the book industry, the author sells his right to make copies, in some fashion, to the publisher. The publisher then creates the copies consistant with the contract, sells them and gives the author the amount of money that he or she is due (sometimes this figure is $0). This is no different than the FSF granting permission to copy a work based on a set of terms and conditions. People that publish 'political' or 'religious' works often do similar things. Many pamphlets I see contain words to the effect of "verbatum copies of this may be made without charge or further permission of X, the lawful copyright holder of this work." The GPL is based solidly in contract law, and is very similar to other software licenses in that it grants the ability to copy in a certain way, so long as certain terms are obeyed. The fact that the details of these terms differs is somewhat irrelevant when one is testing the validity of the licenese. To the extent that they are lawful is the only test that matters. And since they are lawful, SCO's claims not-with-standing, the contract is valid.
SCO's claims do merrit some analysis. The core of their complaint, is that federal law precludes copying. However, the copyright law specifically states that the copying cannot happen, absent permission. They seem to have conveniently overlooked the permission part.
The other sections of the copyright act just restrict the extent to which restrictions can be made on the restrictions to make copies. Section 117 is the one that sco is likely relying on. Notice its wording: Notice here how the law allows additional rights to copy. It does not say that other types of copying is necessarily prohibited, just that the author cannot prohibit the actions listed. SCO's argument seems to state that it is the other way around: since federal law requires copyright holders to allow these sorts of copies, it only allows these sorts of copies to be made. That's a stretch by my standards.Not Even Judge Judy Would Go Along With This (Score:5, Insightful)
Good God, don't you people think before you type? Or, more to the point, have those who have moderator priveleges today been passing the crack pipe around a little more frequently than usual?
The argument being used in this incredibly weak attempt to overturn the GPL is that it violates copyright law because the creator of the work is offering terms more liberal than copyright's default restrictions.
Now, for those slow on the uptake, what does a Microsoft site license do? Yup, it grants (in exchange for money) a more liberal right to copy than that otherwise offered by copyright law.
And, for those even slower on the uptake, what does the BSD-style license do? Yup, you guessed it again. It offers a more liberal right to copy than that otherwise offered by copyright law, just like the GPL. The specific restrictions BSD-style licenses impose are different from those of the GPL (and don't think for a minute it doesn't impose restrictions, however benign. If it didn't impose restrictions, the work would be in the public domain. Instead, you are required to maintain the copyright notice
Which part of this progression escapes you? If in some perverse miscarriage of anything remotely resembling rule of law, much less justice, the GPL were to be ruled invalid on this basis, that would spell instant death by precident to not only the GPL, but BSD-Style licenses, Creative Commons style licenses, Artistic Licenses, and, yes, corporate site licenses of the variety Microsoft, Sun Microsystems, and just about every other software company on the planet eagerly offers their customers in exchange for cold, hard cash. For about three minutes, before an appeals court slaps a stay on the judgement, hears the case, and overturns the ruling.
Any other outcome would mean we could say goodbye to the software industry, the online content industry, and probably a whole slew of other industries we're not thinking of as well, upon which copyright law touches in one way or another. Not to mention saying goodbye to 220+ years of precident.
There is absolutely no chance this argument will hold up. It will be interesting to see if any lawyers are disbarred or fined for even bringing this argument to court.
IANAL, but I am a sapient being with a three digit IQ, which is all this level of insight really requires.
Well fuck (Score:4, Insightful)
I should be able to release my code how I want. If you don't like it, then don't fucking use it.
If the only choice was All rights reserved or public domain, then I would choose rights-reserved over PD any day.
Re:SCO and UNIX (Score:3, Insightful)
Sun's low-end stuff isn't much, but their highend server boxes are killer. Only reason to by the dinky boxes is that they run the same software.
Re:Hold up a second... (Score:5, Insightful)
"SCO's reasons for why the GPL is invalid is actually what makes GPL legally strong"
Exactly. I think this is just a floater for Boies, etc., to see how well it will fly. My bet is that the common reaction of "That's insane" will lead them to look for another strategy. Remember, they demanded a trial-by-jury. If they can test drive legal theories in the press, and gauge reaction, then that just works to their advantage.
Check the lawyer's point #6. (Score:5, Insightful)
At that point, the infringing code will be written out and the problem goes away.
Ummm... (Score:5, Insightful)
If they are saying that copyright only allows one copy, then there's many many companies that will have issue with this.. Think of software that allows 5 copies installed... Usually, they are called 5 user, yes you got it, licenses.. Not copyright..
What's good for the goose (Score:5, Insightful)
Or at least doesn't it indicate that there is no good faith on their part?
extending this notion further (Score:5, Insightful)
Re:Hmm (Score:5, Insightful)
So, then, there are two possibilities:
And (you seem to be suggesting), if the author lets ANYONE make multiple copies, the document automatically goes into the public domain.
So, if you publish a book, you've let the printer make multiple copies and the book's in the public domain. If MS lets some business make multiple copies of Windows, it's in the public domain and we ALL can copy Windows. No author has the right to enter into an agreement to let his friends, associates or family make copies: doing that would eliminate his copyrights.
Wrong.
The problem with your idea is the ``... release something into the public domain with restrictions ...'' part. If it's in the public domain, it's not restricted. That's what public domain means. Everyone has the right to use it; no one has the right to restrict another from using it.
If you choose to make a copyrighted work available to others, and extend to them some of the rights which copyright law reserves to you, that's your right, and it doesn't, EVER, put that work into the public domain. That's what the GPL and the BSD licences do: they relax some of the restraints of copyright for those who abide by the licence.
To say that an author can't do that is to restrict his right of contract, and it's pure foolishness to suggest. From reading the babelfished version of the Heise article, I can't really tell what SCO is proposing for a theory, but I can't imagine anything that could ever fly.
We actually had a standing order here NOT to use OSS because of licensing questions, until I got the rule whittled down to exclude BSD, Apache and a few other licenses. The managers here thought that the money spent on exploring the legality of products based on top of GPL'd code was not worth the time they saved developers.
That's exactly why some folks use the GPL. If you want to play with our toys, play our game. If you don't want to play nicely with us, get your own stinking toys. I commend your manager's honesty.
Re:Hmm (Score:2, Insightful)
Are they now Gods to be obayed to maintain compatibility.
matfud
Re:SCO and UNIX (Score:4, Insightful)
In fact, Halloween II [ilisys.com.au] raised the idea of pursuing exactly this: the effect patents and copyright in combatting Linux. Given the insightful analysis of one of our own [slashdot.org], there is pretty good evidence that Microsoft is playing the wizard behind the curtain. This is precisely the arena they wanted to test Linux in.
Re:Hmm (Score:3, Insightful)
That's exactly why they were penned. Because RMS released Emacs as PD, and then was unhappy that modifications to the program he'd given away were being sold without him being able to see the code as freely as he'd given it.
Re:Ext2 compatibility (Score:3, Insightful)
I just found out about ExtFS anywhere... I suspect that *is* a clean room, given the nightmare of making windows file systems, starting with the linux one, wouldn't be much help
I never thought about the BSD version. Hmmm. In a way I'm kinda suprised that that exists. Was that really implemented from scratch? Really? wow.
Still the Linux Compatability layer in SCO Unix is hardly likely to be actually cleanroomed. (wait: I've got a SCO style argument for that!) "There's no possible way they could come up with that without using the source code" -- Isn't that what they said about the SMP support in linux?
Heh-heh..
either way, I would almost bet the farm on GPL code being inside of SCO's products. Those dimwits aren't all that careful.
Heck, I'd be willing to concede that there is a significant amount shared. But how can we tell when it appeared in SCO's code? As it's closed source, there is no public record of the commits to their source tree. All those copied code segments between Linux and Unix probably originated with Linux.
Any way you slice it, SCO is a box full of assholes. Unwiped.
Publishers. (Score:5, Insightful)
No... Wait... That's completely stupid, too. The whole reason we have copyright is so that the author can grant the right to copy to others, and request compensation in return. Unless we required all authors to self-publish, or transfer their copyright. Which I suppose SCO thinks is the case!
So is this Heise a moron, or does he think we all are? Does he actually not realize that copyright law prohibts only unauthorized copies, and that the GPL is a document which grants authorization? Or is he just hoping we won't realize that?
Either way: This is completely stupid.
RMS on SCO... (Score:5, Insightful)
A pertinent quote:
Holey Logic, Batman! (Score:2, Insightful)
There is an obvious flaw in the above reasoning. It focusses on the the public, and not on the copyright holder. A copyright holder decides how a work is to be released, after all, and it is perfectly legal for a copyright holder to release something to the Public Domain. In actual fact the copyright holder has the right to decide on any degree of release between public domain and not-at-all. So, when the copyright holder releases something under the GPL, the copyright holder has decided to accept the GPL's details for a release. In such case the copyright holder is giving the public the right to make unlimited copies, which fact does NOT violate the copyright law.
Whoa! I think I know WHAT they're counting on (Score:3, Insightful)
"The Constitution doesn't say anything about nerds!"
Re:Hmm (Score:4, Insightful)
The GPL did not come about because RMS felt like being a nuisance. It was a response to a real problem. That problem was developer dissatisfaction caused by commercial interests assimilating "pubic domain" source code.
The GPL was created to keep RMS's contributors happy, not just to spearhead some idealistic crusade.
Copyleft achieves one VERY important thing: developer participation.
Not everyone is pleased at the prospect of being an UNPAID microsoft employee.
Re:Well fuck (Score:2, Insightful)
The GPL isn't government cheese, it's a national forest. Mere users are free to use with minimal or zero restriction. It is only those that would strip mine Yosemite that are "inconvenienced".
How much stock would you like to dump today? (Score:1, Insightful)
SCO knows it can't win (Score:1, Insightful)
Re:Hmm (Score:4, Insightful)
I can't tell from context if this is your thought, or if you are paraphrasing someone else. Either way, WRONG
Copyright gives the holder certain rights in relation to their creation.
If the copyright holder then choses to exercise those rights and LICENSE the use of their creation under the GPL (hint, the 'L' comes from the word License, not copyright...) then they have not given up ANY of the rights they held under copyright. In fact, the GPL BUILDS on rights granted under copyright - if something is not copyright (i.e., public domain) then GPL CAN'T apply.
Public Domain says "This belongs to everyone, I have no legal rights to it."
Copyright says "This is mine, and I have legal rights."
GPL says "This is mine, and I have legal rights, BUT one of those rights allows me to allow you to use it under license from me, with restrictions. One restriction is you must keep this license text with the software. Another is that if you make modifications to MY creation AND DISTRIBUTE THEM (derivative works?), they must also be licensed under this same license - you can not infringe on my copyright rights. If you do not want to distribute your modifications under this license, then you may not distribute them based on MY copyright rights."
My point is that GPL does not invalidate any part of copyright law, it actually is based on what rights are given under copyright.
Copyright != License (Score:3, Insightful)
\Cop"y*right\, n. The right of an author or his assignee, under statute, to print and publish his literary or artistic work, exclusively of all other persons. This right may be had in maps, charts, engravings, plays, and musical compositions, as well as in books.
ok Now lets see License...
\Li"cense\ (l[imac]"sens), v. t. [imp. & p. p. Licensed (l[imac]"senst); p. pr. & vb. n. Licensing.] To permit or authorize by license; to give license to.
Hmm, and their paying this guy as a Attorney?
CLUE FOR SCO: THE GPL IS NOT A COPYRIGHT!! It is a license between the author of said works, and user of said works.
Re:Hmm (Score:3, Insightful)
Don't fall into the trap of confusing price with copyright. They are not relative. Just because it is free, that doesn't make it Public Domain. If I want, I can sell any Public Domain software for any amount I can get. If there are any restrictions on charging, then it isn't PD.
PD means just that: It is in the public domain, and the public can do anything they want with it. Charge for it, modify and resell it, print T-shirts with the code, etc. The author is giving up all rights to inforce any restrictions when he PD's any software. He has no copyright to protect at that point. If MS wants to take it and incorporate it into Windows, the PD author has no recourse.
Re:Preemption of Contract is a Zero Traction Argum (Score:3, Insightful)
I wish that were so. The truth is far more interesting.
While I believe "our side" has the better side of that argument, Judge Rader's analysis is far from the illogical or illegal claptrap you suggest -- indeed, he is also far from alone, the 7th Circuit in ProCD began this particular line of analysis -- it is simply my view that the fair use and first sale issues are in some sense more fundamental statements of Federal policy than the quibbles in the ProCd and the utter silliness of the present GPL argument. There is more than ample precedent to explain these cases, and ultimately, I think, Bowers will be rejected over conflicting law, without exposing this Section 117 argument.
Comforted by the conflicting Vault v. Quaid case, which holds to the contrary concerning no-reverse-engineering provisions, and on grounds irrelevant to Bois' argument, I think justice ultimately will be done in each line of cases.
Re:Not How I Expected the GPL to be Challenged (Score:3, Insightful)
However, if your book contains an exact copy of that other book's chapter, that's called plagiarism, and is illegal. It doesn't matter that your book has 50 chapters, and only that 1 chapter was copied; you're still guilty.
'Course, SCO has already won (short term) (Score:4, Insightful)
The court date for SCO vs. IBM has been set to sometime in 2005. In the mean time, they have a pretty nifty scheme involving an absurd pending lawsuit, even more absurd press releases to match, Slashdot readers (&al) to provide free publicity, and gullible potential CEOs that are only asking where to send the check (and how much to put on it). 'Course, they'll stifle the use of Linux in some environments too, but hey, those are environments that probably should not be using Linux in the first place.
To put it in simpler terms - the lawsuit has nothing to do with legal issues such as license violations, copyrights etc. It's a ridiculous case that they are bound to lose, and they know it.
They are only trying to boost the stock price of their dying company long enough that their insiders can unload some shares. Sort of a highly publicised pump'n'dump scheme, if you will.
We saw the evidence yesterday, when some execs dumped some stocks (at a price higher than, say, back in May...).
Too bad this scheme is probably a little bit to the side of what the SEC normally would prosecute.
-tor
What keeps UnixWare alive (Score:3, Insightful)
Where I work, they ship systems based on UnixWare, with custom software added in. I've asked my managers many times why the company is sticking with an outdated product (conforms to the Unix95 standard, not the Unix98 standard - how lazy are they that they can't even make Genuine Unix System V.something code "Unix compatible"?).
The answer is always "there are no plans to change". More specifically, there's no budget allocated to change.
I fear that a few months from now, we'll have a dozen very expensive boxes sitting by the door with no OS on them. And some upset customers making many upset phone calls.
I wonder what the budget will have to say about that.
The point is, I'm sure this isn't rare. It's the main reason for MS Windows being so dominant in the face of better alternatives (more so in the past). To change would mean to make an effort, and if you've stuck with UnixWare this long, you're not the type to ever make an effort to change.
Re:David Boies, why GWB is prez (Score:2, Insightful)
Yes, I'm flaming. I'm pissed, because no one seems to know how the system actually works, and instead goes on a bender about how wronged the country was because GWB is The POTUS.
Mod me down - I don't give a rat's ass. Rant over.
The Rules of the Game. (Score:2, Insightful)
are doing. So far, the left hand was dumping
stock while everyone was looking at their right
hand hold the U.S. Copyright Law. The real
question do *we* know what they are doing?
Or, are we distracted in the SCO v. IBM show, and in
claims of licensing fees,
when the real game is somewhere else?