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Caldera Software Linux

OSDL Pays For Linus Torvalds' SCO Defense 347

geoff313 writes " For all of you who might be worried about what financial consequences Linus Torvalds might have to endure as a result of being subpoenaed by SCO, fear not: the Open Source Development Lab (OSDL) will pay for its law firm to represent him. the OSDL, who are Torvalds' employer, will announce on Friday that the "OSDL has agreed to fund legal representation for Torvalds and any other employees of the lab who may become involved in the litigation." Just in case you didn't you didn't know, the OSDL is funded by a variety of corporations including (but not limitied to) IBM, Hewlett-Packard, Dell, Sun Microsystems, Red Hat, Cisco, Computer Associates, Fujitsu, Hitachi, and Nokia. "
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OSDL Pays For Linus Torvalds' SCO Defense

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  • by corebreech ( 469871 ) on Friday November 14, 2003 @10:52AM (#7474117) Journal
    McBride is what is known in the poker world as a fish.

    Which is to SCO's great misfortune because penguins literally eat fish for breakfast.

    And Torvalds is the biggest, baddest penguin out there. One might even call him The Omega Penguin [penny-arcade.com]. The king of all penguins, indeed, of all penguin-kind. Their lord. The single template from which all other penguins were wrought.

    I'm just sorry they're not selling tickets for this one.
    • Re:Bon Appetite! (Score:2, Insightful)

      by Baikala ( 564096 )
      Just read this Linus's sig below on people disregarding penguins:
    • >One might even call him The Omega Penguin.
      Surely he should be the Alpha Penguin, being the first Linux developer.
    • Re:Bon Appetite! (Score:5, Informative)

      by walt-sjc ( 145127 ) on Friday November 14, 2003 @01:10PM (#7475389)
      Funny comment, but misses the big picture.

      SCO is not after Linus. They are after IBM. It makes total sense to subpena Linus as who else knows more about IBM's contribution to the kernel than Linus? He is the one that approves all submissions. He's the one that when the question is asked: "This this particular code come from IBM?" can give the most credible answer.

      In totally separate but related cases, you have IBM and RedHat suing SCO for GPL infringment. Of course, the most relevant person to sue for Linux GPL copyright infringment is Linus too.
  • by bluelip ( 123578 ) on Friday November 14, 2003 @10:53AM (#7474128) Homepage Journal
    >>>Just in case you didn't you didn't know, the OSDL is funded by a variety of corporations including (but not limitied to) IBM, Hewlett-Packard, Dell, Sun Microsystems, Red Hat, Cisco, Computer Associates, Fujitsu, Hitachi, and Nokia. "

    Just in case that was someone hiding beneath a rock, SCO is funded by Microsoft.
  • by Space cowboy ( 13680 ) on Friday November 14, 2003 @10:54AM (#7474130) Journal
    to see that there are occasions where companies don't automatically run the rule over individuals. Granted, this is Linus, and the companies involved have a vested interest in maintaining the status quo, but it's still refreshing to see :-)

    And, of course, it's less leg for SCO to stand on (I'm guessing they'd have to have been a millipede at this rate :-). BAD sco, BAD sco...

    Simon.
  • This is great news, but I'm sure the community would have supported a defense fund for him if they hadn't.
  • by herrvinny ( 698679 ) on Friday November 14, 2003 @10:55AM (#7474147)
    Do you really need a lawyer for a subpoena? Even if Linus was a US citizen, he's not being investigated or anything. Just answer a few stupid questions from SCO, and you're scot free.
    • In America, the questions might be stupid, but you better bet your bottom the answers are real good. That's why you need a lawyer.
    • Do you really need a lawyer for a subpoena? Even if Linus was a US citizen, he's not being investigated or anything. Just answer a few stupid questions from SCO, and you're scot free.

      People seem to be modding the parent down as a troll -- which is hardly fair, because it's a reasonable question. It was certainly my first throught when I saw the post where Linus said he'd need to get a lawyer.

      (Of course, my second throught was that if I were in his shoes, I'd want to talk to a lawyer about it.)

      N

    • Jesus, if Darl McBride is on crack, some of these retarded Slashdot moderators must be smoking an eightball an hour. This isn't a troll at all, but a legitimate question, and in a less high-profile case, the chances are that someone in Linus's position wouldn't need legal representation. Because of SCO's past behaviour though, and their tendency to use the courts to bully, to intimidate and to try and ramp up their stocks, Linus almost certainly *does* need a lawyer in this instance -- and he needs his ow
    • Yes, you need a lawyer. If you receive a subpoena, you should let a lawyer handle it. It takes a rat to talk to a rat. If you structure your answer poorly, it will come back to bite you.
    • by Rasta Prefect ( 250915 ) on Friday November 14, 2003 @11:30AM (#7474407)
      Do you really need a lawyer for a subpoena? Even if Linus was a US citizen, he's not being investigated or anything. Just answer a few stupid questions from SCO, and you're scot free.

      Technically, no. Linus is not charged with anything, just needs to answer a few questions.

      Realistically? I think anyone who's ever had any sort of serious dealings with the US (or really any) legal system would agree that at least talking to a lawyer in this situation is a really, really good idea.

    • While answering a subpoena does not require a lawyer, it's a good idea to get one in some cases especially if you know you will be treated with hostility. Given SCO's actions, a lawyer is a great idea. SCO might try anything even asking whether Linus was on the grassy knoll when he started coding Linux. Besides here at /. we all should know what the answer to any legal question should be:

      Does Linus need a lawyer?
      IANAL, but [insert opinion]. Remember to talk to a lawyer, though.

      But does Linus need t

    • by Anonymous Coward on Friday November 14, 2003 @12:33PM (#7475086)
      Having been deposed before, and having watched others, he should have a lawyer. Their job is to train you for and protect you when the opposition tries to make you look like an ass. The SCO lawyer will try to twist anything and everything that Linus says to SCO's advantage. (That's why its called adversarial!)
    • I'm guessing that SCO will try to spin it that he and IBM somehow cooperated, or at least he was aware or should have been aware or could have been aware, that IBM was "illegally" putting code into Linux. At best, they'll spin it as someone who can't properly control what's in Linux.

      Anything Linux answers to those FUD-fishing questions will have great importance, not so much for the merits of the case but for Linus and Linux's reputation as well as SCOs FUD campaign. That's why he should have a lawyer.

      Kje
    • Those lawyers are pretty sharp, but I have a lot of confidence in Linus:

      Lawyer: So, Mr. Torvald, when DID you stop beating your wife?
      Linus: My wife is a world karate champion.
      Lawyer: Um, er,...uh, let's take a break.
  • by KU_Fletch ( 678324 ) <bthomas1@[ ]edu ['ku.' in gap]> on Friday November 14, 2003 @10:56AM (#7474155)
    I've got good money on SCO suing OSDL within the next week for "blatant copyright violations and big meanie stupid poo faces"
  • worried? (Score:5, Insightful)

    by happyfrogcow ( 708359 ) on Friday November 14, 2003 @10:57AM (#7474162)
    Since when has anyone really been worried about Linus? There was probably a line of people bidding to represent him. With his cool headed demeanor and knowledge, lawyers would drool over helping him to shoot down SCO.

    Linus, your allright man. There are thousands of people who have got your back. Keep on hacking.

  • by cybermace5 ( 446439 ) <g.ryan@macetech.com> on Friday November 14, 2003 @10:58AM (#7474165) Homepage Journal
    So, they try to pinch Linux where it hurts by going after the "little punks" who made it. I mean, what could some passive, nerdy, computer programmers have as a possible means of defense?

    And so now, SCO stands in the middle of a jungle clearing, waving a stick and raving madly at the 800-pound gorilla of IBM. Suddenly, a rustle from the brush and SCO turns around to see a whole pack of 800-pound gorillas, all staring with steely eyes....
  • by frostfreek ( 647009 ) on Friday November 14, 2003 @10:59AM (#7474179)
    I would like to know if the OSDL will pay to have their lawyers develop a version of a GPL that forbids downloading/use/repackaging of a software package by any computer that has ever had a SCO OS within 1km of it.
    That's just about what I want for my next Open Source software release.

    • The greatest test of our resolve to make software a building block and a tool usable, distributable and modifiable by all... is to give it to those who do not understand the value of the gift that they are being given.

      If SCO uses our code, we win. If SCO benefits from our code we win. If SCO modifies our code, we win. If we deny SCO our code, we lose.

      To quote Babylon 5: "If we deny the other, we deny ourselves." -Citizen G'Kar, "Point of No Return [midwinter.com]"
    • by Skweetis ( 46377 ) on Friday November 14, 2003 @04:29PM (#7476921) Homepage
      Please don't do this. My favorite computer has an old copy of SCO Unix within a few feet of it. Granted, the install tape is actually under one of the legs of a wobbly desk, but it works really well for that, and I don't want to have to replace it and my computer.
  • by Oliver Klozoff ( 724188 ) on Friday November 14, 2003 @11:02AM (#7474206)
    I thought Linus was being subpoenaed. A subpoena is issued to force a witness to testify; why would Linus need to be defended against this?
    • by gclef ( 96311 ) on Friday November 14, 2003 @11:07AM (#7474243)
      First rule of litigation: never go into a lawsuit without a lawyer, even if you're a witness. Maybe you can use one of the lawyers already involved, but if you're being compelled to testify, and aren't one of the central characters, you should have a lawyer.

      In a way, lawyers like firewalls: it's possible to be safe without them, but it takes knowledge and skill that some folks don't have the time to gather.
      • by swb ( 14022 ) on Friday November 14, 2003 @11:42AM (#7474524)
        Even with OSDL providing him legal services, I'd be inclined to retain my own counsel whose sole responsibility is to me and my interests.

        OSDL's counsel may prove to be just fine, but there's always the chance that in some way OSDL and Torvalds' interests may actually not be truly in sync, in which case OSDL's counsel may decide to drop Torvalds due to conflict of interest or have him do something not in his best interest, but in the best interest of OSDL.

        This is the reason there's such huge legal teams around high-profile cases; each counsel represents a specific entity, such as a business, a person, etc. They may agree on the goal, but there are times where sacrificing someone on your team for your advantage can be appealing, and without your OWN counsel, you might end up being the sacrificial lamb.
    • by WCMI92 ( 592436 ) on Friday November 14, 2003 @02:03PM (#7475724) Homepage
      "I thought Linus was being subpoenaed. A subpoena is issued to force a witness to testify; why would Linus need to be defended against this?"

      You don't EVER EVER go into ANY legal proceeding without YOUR OWN LAWYER in tow.

      Also, subpoenas are not automatic. If SCaldera failed to show sufficient cause as to why Linus, et all SHOULD be compelled to appear or testify, or give a deposition, whatever, then an attorney can quash the subpoena.

      And I think they could do that in this case, as the Scaldera vs IBM case is a case of alleged BREECH OF CONTRACT on the part of IBM, which has nothing to do with Linus Torvalds OR Linux...
  • Anybody know what kind of moneys will be shelled out to protect Linus? Hopefully its more than what SCO has in the bank.
  • Yet more SCO fodder (Score:5, Informative)

    by cadfael ( 103180 ) on Friday November 14, 2003 @11:02AM (#7474209) Homepage Journal
    FWIW, you might want to read Motley Fool's Tom Taulli's [fool.com] take on this. th3m0nk
    • by jrumney ( 197329 )
      The lawsuit was bold, alleging trademark infringement on a hot market segment, Linux.

      I think this statement from Tom Taulli's article pretty much sums up what the average investor can make out what this lawsuit is about. There is no genuine reason for SCO to be suing IBM, so they make up their own (wrong) speculation.

    • I know this is off-topic, but...you might also want to read The Motley Fool's opinion on Red Hat [fool.com].
  • by Bob Bitchen ( 147646 ) on Friday November 14, 2003 @11:05AM (#7474228) Homepage
    defense? The idea that OSDL or anyone else has to pay to defend themselves against a company that's gasping for air with some wild claims is wrong. What costs can be recovered once SCO is shown to be insignificant and wrong? All attorney's fees, travel fees, dining, babysitting, lost wages??
    • by Fnkmaster ( 89084 ) * on Friday November 14, 2003 @11:23AM (#7474365)
      Unfortunately, cost recovery usually comes after the main penalty phase in a civil case. It's definitely not guaranteed that the instigator of the suit bears the cost of the lawyers, though if they instigated a very weak, baseless case, it's much more likely they will have to bear the costs.


      Unfortunately, in this case, it's clear that the SCO strategy is to draw out litigation long enough to give everybody an uncomfortable feeling in their rectal areas, until somebody snaps and decides to make a favorable acquisition offer. And if SCO loses, good luck getting a dime out of them, they'll fold the shop up in a way that lets them get out of everything, I'm quite sure, and still make off with a lot of money. This is definitely one of these cases where the malfeasance of corporate officers and attorneys is so blatant, I'd like to see the corporate veil pierced and have personal liability passed on to these fuckers for the financial losses and damaged reputations they have incurred on lots of other legitimate, hardworking people and companies.

    • "defense? The idea that OSDL or anyone else has to pay to defend themselves against a company that's gasping for air with some wild claims is wrong. What costs can be recovered once SCO is shown to be insignificant and wrong? All attorney's fees, travel fees, dining, babysitting, lost wages??"

      There needs to be a "loser pays" provision added to civil lawsuit law. If the loser is the initiator, and is a corporation (individuals should be exempt) they should have to pay ALL such legal expenses.

      If the legal
  • Also funded by... (Score:5, Informative)

    by tomknight ( 190939 ) on Friday November 14, 2003 @11:06AM (#7474231) Journal
    A lovely firm by the name if VALinux....

    Tom.

  • Question (Score:5, Insightful)

    by mbrod ( 19122 ) on Friday November 14, 2003 @11:06AM (#7474237) Homepage Journal
    Have they succeeded in subpoenoing (sp?) Torvalds or have they just issued a request to have him subpoened that a judge may deny? Isn't that how it works or do they just get to subpoena anyone they want?

    Also another question to the legal wise out there. There is little doubt in my mind Microsoft funding and incentive is pulling the strings behind SCO. Isn't this extremely illegal for them to do based on the ruling of the previous judgements? Obviously they get out of a lot of legal holes by using SCO as a proxy attacker of Linux but it is nonetheless doing this for reasons of destroying a competitor.
    • I read somewhere (can't remember where, sorry) that Torvalds had already received the subpoena as of yesterday (11/13/2k3). I think the same source said that neither Perens nor Stallman had received their subpoenas ... and that Transmeta & Digeo didn't know if they had received them yet, but both were boggled when informed they had been targeted for them by SCO.
    • Re:Question (Score:5, Informative)

      by Anonymous Coward on Friday November 14, 2003 @11:55AM (#7474674)
      A subpoena is technically issued by the court. This does not mean, however, that a court actually approves it before it is served. Rather, attorneys are permitted, as officers of the court, to draft and serve subpoenas. If the subpoenaed party does not respond, or objects, than the issuer must go to court and file a motion to compel compliance with the subpoena. This is when the judge actually looks at the subpoena and passes on its validity.

      If you're really interested in this, search for Rule 45 of the Federal Rules of Civil Procedure and look on any Federal Court's website for a blank subpoena.

    • Have they succeeded in subpoenoing (sp?)

      He was allegedely served during Dinner on Wednessday.
    • 1) Subpoenas can be challenged or denied if they're obviously abusive or frivolous. In this case, given Linus' position at the center of the code base at issue I doubt there will be any problem with naming him. Subpoenaing CmdrTaco or the Linux Gay Conspiracy Troll would be a different matter.

      2) My guess is that Microsoft isn't so much pulling the strings as they are pouring a little more fuel on the fire but no, it's not as if any of the antitrust rulings require them to perpetually sit in the corner and
    • Re:Question (Score:3, Informative)

      by Anonymous Coward

      Many people seem confused about the process right now. I suggest A Litigation Crash Course [edcross.com]. Note that the SCO trial is in phase 2 presently. And here is more detailed information about depositions [findlaw.com].

      The key here is that this is a "discovery deposition" - not trial testimony. Discovery depositions do not involve judges. They can happen anywhere - living rooms, kitchens, in a field. Usually though, they happen at the office of the lawyer who called for the deposition.

      In answer to your question, the subpo
    • Re:Question (Score:3, Insightful)

      by WCMI92 ( 592436 )
      "Also another question to the legal wise out there. There is little doubt in my mind Microsoft funding and incentive is pulling the strings behind SCO. Isn't this extremely illegal for them to do based on the ruling of the previous judgements? Obviously they get out of a lot of legal holes by using SCO as a proxy attacker of Linux but it is nonetheless doing this for reasons of destroying a competitor."

      That should be IBM's next counter claim in discovery... Get a court order that _ALL_ documents related t
  • Can we contribute? (Score:5, Interesting)

    by fferreres ( 525414 ) on Friday November 14, 2003 @11:11AM (#7474276)
    I know, our contributions wouldn't make a monetary difference, but they would surely make us feel nice, along with putting some pressure on SCO :-)
  • by Anonymous Coward on Friday November 14, 2003 @11:13AM (#7474291)
    Didn't OSDN also get subpoenaed? Didn't IBM also get subpoenaed? Didn't one or more of the other funders of OSDN get subpoenaed?

    IS OSDN picking Linus' lawyer(s)?

    Huge conflict of interest, even if the lawyers won't admit to it in their salivation over the impending legal fees.

    Linus, if you're reading this, you need to take the legal funding offered by OSDN, and find your own lawyer, one that hasn't done work for IBM or SCO (or SCO's principals) in the past, and one that doesn't expect to. At a minimum. Then have them put it in writing. Then have them check their records for others they may have done work for that are involved in this annoyance.

    This is a big conflict of interest, yet the lawyers will do all kinds of twists and contortions to try and minimize any conflicts of interest.

    OSDN funding legal fees is great. As long as it is for your benefit, and not for their benefit to your detriment.

    Don't make a serious mistake at this juncture. What's said on the outside doesn't matter. What makes it into court (or doesn't make it in) is all that matters. And what makes it, or doesn't make it is what can save your skin, or skin you alive at a later date.

  • IIRC ignoring a subpoena is a contempt of court.

    I would think that there is a better principle for which Linus etc can stand and that is to use all these lawyers lining up to pro bono them (ooh er vicar) to defend them against completely ignoring these specious subpoena's and fighting the for the fact that they should never have been issued in the first place.

    The act of issuing the subpoena in the way that SCO has is verging on vexatious and the problem is that when they get slaughtered, and they will, th
  • by shoppa ( 464619 ) on Friday November 14, 2003 @11:36AM (#7474455)
    What's the deal with the article title?
    OSDL Pays for Linus Torvalds' SCO Defense
    I'd be very surprised if Linus was going to defend SCO here. Although obviously SCO thought that it would be advantageous to pump him for *something*, I dunno what.
  • by Foofoobar ( 318279 ) on Friday November 14, 2003 @11:37AM (#7474464)
    I hope when Linus enters they either play the Ride of The Valkyries or Darth Vaders theme song so that SCO gets the full effect of the wrath they bring upon themselves.

  • by BubbaTheBarbarian ( 316027 ) on Friday November 14, 2003 @11:42AM (#7474515) Journal
    while there seems to an outpouring of support for Linus, the idea of contributing to a defense fund would actually hurt him. As opposed to RMs, who as an idealist and catalyst of social change makes his way through life via his supporters, Linus "works" for a living. Having OSDL and the various companies that support it come to his support gives the man, and therefore his product, an air of legitimacy that would not be had if his defense was being funded by OSS supporters. In this case, both methods of paying for their defense works, as RMS is supported by the people and Linus is not (from a monetary POV people).

    Secondly is the screaming by those asking why the hell he needs a defense. In the case of both RMS and Linus they both are responsible for the two major things that makes Linux what it is today, free and strongly coded. SCO is attacking both the freedom we have in distributing code and the underlying source of the strength of it's code, ergo it is imperative for them to prove to the court that both of these things are not permissible under the law.

    This is not just a test of the GPL and Linux. This is a coordinated attack meant to gauge the underlying strength of the OSS community and those that (corporate and private) that support it. The bet was made with the thought that after a little law action, one of the players would pull out making the house of cards fall.

    Oppps.

    Now they are faced with something they never thought they would have, the beginnings or a tighter conglomerate of users and corps that are ready and willing to defend our right to code and not have it stolen, and our right to distribute that code without interference from companies hell bent on stealing for a living. I have said before that this is not the last of this ordeal, and I truly thing that we are in for a rough 2 to 4 years here in regards to challenges on the GPL and the community in general, but seeing things like this makes believe even more that good things are all that can come of this.
  • "OSDL has agreed to fund legal representation for Torvalds and any other employees of the lab who may become involved in the litigation...the OSDL is funded by a variety of corporations including (but not limitied to) IBM, Hewlett-Packard, Dell, Sun Microsystems, Red Hat, Cisco, Computer Associates, Fujitsu, Hitachi, and Nokia. "

    Ha, ha. Eww....what did you just step in...
  • Just in case you didn't you didn't know, the OSDL is funded by a variety of corporations including (but not limitied to) IBM, Hewlett-Packard, Dell, Sun Microsystems, Red Hat, Cisco, Computer Associates, Fujitsu, Hitachi, and Nokia.

    I really thought SCO was going to be on that list!
  • by c13v3rm0nk3y ( 189767 ) on Friday November 14, 2003 @11:55AM (#7474676) Homepage

    One day all that old SCO merchandise [cgi.ebay.ca] is going to worth a lot to geeky collectors on eBay.

    I'm holding out for a frisbee or baseball cap, myself.

  • by jmichaelg ( 148257 ) on Friday November 14, 2003 @11:58AM (#7474712) Journal
    Glad to hear Linus is covered. Who is covering Stallman's legal expenses?
    • Glad to hear Linus is covered. Who is covering Stallman's legal expenses?

      I'd imagine the FSF is. Stallman's only involved because SCO's attacking the GPL, and defending the GPL is the FSF's raison d'etre.
  • It would be good if someone somewhere would set up a legal defense fund for these folks, one that you and I and other "little" Linux users could easily contribute to.

    Linus and Stallman have made my a lot easier, it certainly is worth a click and a donation to make theirs go just a bit smoother.
  • INAL but ..... (Score:4, Interesting)

    by Usagi_yo ( 648836 ) on Friday November 14, 2003 @12:38PM (#7475155)
    If Linus is being subpoened by SCO and Linus isn't a named defendent, isn't SCO responsible for his travel and time off expenses?

    While it's entirely Linus's option to have legal representation, shouldn't SCO have to foot the bill for that too? In essence SCO is subpoening Linus as an expert witness.

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