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Posted by: Kirk L. Kroeker 2004-02-27 15:06:37
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When it comes to brass tacks, SCO's Blake Stowell, the company's director of public relations, believes the company is fighting the good fight, sticking up for its own intellectual property despite the effect this move eventually might have on Linux, the GPL and the open-source community in general. Arguably, front-man Stowell currently has one of the toughest jobs in the United States -- meeting the vitriolic criticism of the open-source community daily and arguing SCO's case to the press. To get his take on where the company is headed, LinuxInsider turned to Stowell for an exclusive interview.
Posted by: Simon G Best 2004-03-10 23:46:35 In reply to: Kirk L. Kroeker
What Blake Stowell said in this interview seems quite plainly at odds with The SCO Group's open letter on copyright (http://www.thescogroup.com/copyright/), dated 4th December 2003.
In this interview, Stowell said, "I think that a lot of good has come from the open-source community. The fact that developers around the world can collaborate on projects together to create something for the general good of society is an incredible thing. I've worked with a lot of companies and individuals that have made some great contributions to open source. SCO has both contributed to and benefited from open-source software."
But in The SCO Group's open letter, their CEO, Darl McBride, said, "SCO asserts that the GPL, under which Linux is distributed, violates the United States Constitution and the U.S. copyright and patent laws." What's more, he went on to assert, "In the past 20 years, the Free Software Foundation and others in the Open Source software movement have set out to actively and intentionally undermine the U.S. and European systems of copyrights and patents." That would be the same "Open Source software movement" which The SCO Group, formerly Caldera, has actively been a part of, no?
If you read the rest of that letter, you'll surely be left in no doubt that Stowell's answers in the LinuxInsider interview just do not fit with The SCO Group's own, publicly stated position.
It's interesting that Stowell went on to say, "The only issue that SCO as a company has had with open source is when elements of the community choose to take proprietary software and contribute it into open source." The "only" issue? This is clearly false, given The SCO Group's own open letter which predates this interview by a matter of months!
What on earth is Blake Stowell trying to do? Is he trying to discredit The SCO Group, or just himself?
In this interview, Stowell said, "I think that a lot of good has come from the open-source community. The fact that developers around the world can collaborate on projects together to create something for the general good of society is an incredible thing. I've worked with a lot of companies and individuals that have made some great contributions to open source. SCO has both contributed to and benefited from open-source software."
But in The SCO Group's open letter, their CEO, Darl McBride, said, "SCO asserts that the GPL, under which Linux is distributed, violates the United States Constitution and the U.S. copyright and patent laws." What's more, he went on to assert, "In the past 20 years, the Free Software Foundation and others in the Open Source software movement have set out to actively and intentionally undermine the U.S. and European systems of copyrights and patents." That would be the same "Open Source software movement" which The SCO Group, formerly Caldera, has actively been a part of, no?
If you read the rest of that letter, you'll surely be left in no doubt that Stowell's answers in the LinuxInsider interview just do not fit with The SCO Group's own, publicly stated position.
It's interesting that Stowell went on to say, "The only issue that SCO as a company has had with open source is when elements of the community choose to take proprietary software and contribute it into open source." The "only" issue? This is clearly false, given The SCO Group's own open letter which predates this interview by a matter of months!
What on earth is Blake Stowell trying to do? Is he trying to discredit The SCO Group, or just himself?
Posted by: old_Joe 2004-03-01 14:10:01 In reply to: Kirk L. Kroeker
Let's analyse the one specific charge made by Blake Stowell in this interview:
"SCO believes there have been significant misappropriations of our key Unix-on-Intel software"
There is no 'Unix-on-Intel' secrets in Unix SysV - it wasn't written to run on Intel x86 processors - so this must be a reference to Openserver or UnixWare software - the other SCOG software (I use SCOG for the SCO Group to distinguish them from the Santa Cruz Operation - a different company).
SCO (not SCOG) shared OpenServer and UnixWare with IBM a few years ago as part of project Monterrey - did IBM put these secrets into Linux? Well No. SCOG has confirmed that none of the contributions IBM has made to Linux contain SCOG copyright code. SCO's complaint has been that IBM has put IBM owned code into Linux when SCOG think they should have kept it secret. This code is mostly related to running Linux on multiprocessor computers which neither OpenServer nor UnixWare can do so it can't be OpenServer or UnixWare code.
That's right. In their case against IBM SCOG have not accused IBM of putting SCOG software into Linux; the case is all about the interpretation of a secrecy clause in some ancient Unix license between ATT and IBM and if SCOG win against IBM they will get damages from IBM but IBM will still own this code and SCOG will not be able to sue Linux users for something IBM did.
A year after SCOG announced there is SCO IP in Linux they have yet to sue anyone for copyright infringement. The only copyright case they have brought is related to Unix code in AIX not Linux.
There is a copyright case before the courts however; IBM is sueing SCOG for infringing IBMs copyrights by distributing SCOLinux without permission. IBM owns the copyright to some of the code in Linux. IBM (like all the other Linux copyright owners) has given permission for this code to be distributed under the GPL Licence. They haven't given permission for it to be distributed any other way. SCO has distributed SCOLinux, including the IBM IP, under a modified licence, including extra restrictions which IBM have not agreed to - the SCO IP licence. When IBM wins this case everyone else who owns the copyright to some code in Linux, from Linus Torvalds down, can send in a bill to SCOG as well.
Yes. That's right. The most likely outcome of this case is that SCOG will be found to have infringed Linux IP!
Just yesterday a court in Germany issued an injunction forbidding SCOG from repeating these allegations that Linux contains SCOG IP. SCOG could not offer any evidence to back up their allegations and the injunction was granted. RedHat has asked a court in Delaware to issue a similar order. A similar case is before the courts in Australia. Things are not going well for SCOG.
"SCO believes there have been significant misappropriations of our key Unix-on-Intel software"
There is no 'Unix-on-Intel' secrets in Unix SysV - it wasn't written to run on Intel x86 processors - so this must be a reference to Openserver or UnixWare software - the other SCOG software (I use SCOG for the SCO Group to distinguish them from the Santa Cruz Operation - a different company).
SCO (not SCOG) shared OpenServer and UnixWare with IBM a few years ago as part of project Monterrey - did IBM put these secrets into Linux? Well No. SCOG has confirmed that none of the contributions IBM has made to Linux contain SCOG copyright code. SCO's complaint has been that IBM has put IBM owned code into Linux when SCOG think they should have kept it secret. This code is mostly related to running Linux on multiprocessor computers which neither OpenServer nor UnixWare can do so it can't be OpenServer or UnixWare code.
That's right. In their case against IBM SCOG have not accused IBM of putting SCOG software into Linux; the case is all about the interpretation of a secrecy clause in some ancient Unix license between ATT and IBM and if SCOG win against IBM they will get damages from IBM but IBM will still own this code and SCOG will not be able to sue Linux users for something IBM did.
A year after SCOG announced there is SCO IP in Linux they have yet to sue anyone for copyright infringement. The only copyright case they have brought is related to Unix code in AIX not Linux.
There is a copyright case before the courts however; IBM is sueing SCOG for infringing IBMs copyrights by distributing SCOLinux without permission. IBM owns the copyright to some of the code in Linux. IBM (like all the other Linux copyright owners) has given permission for this code to be distributed under the GPL Licence. They haven't given permission for it to be distributed any other way. SCO has distributed SCOLinux, including the IBM IP, under a modified licence, including extra restrictions which IBM have not agreed to - the SCO IP licence. When IBM wins this case everyone else who owns the copyright to some code in Linux, from Linus Torvalds down, can send in a bill to SCOG as well.
Yes. That's right. The most likely outcome of this case is that SCOG will be found to have infringed Linux IP!
Just yesterday a court in Germany issued an injunction forbidding SCOG from repeating these allegations that Linux contains SCOG IP. SCOG could not offer any evidence to back up their allegations and the injunction was granted. RedHat has asked a court in Delaware to issue a similar order. A similar case is before the courts in Australia. Things are not going well for SCOG.
Posted by: ggg 2004-03-01 12:43:46 In reply to: Kirk L. Kroeker
SCO distributed code under GPL without understanding what that meant.
As a result they are claiming that GPL is invalid/unenforceable.
That should reflect a lot on why the Open source community is upset with them.
As a result they are claiming that GPL is invalid/unenforceable.
That should reflect a lot on why the Open source community is upset with them.
Posted by: ggg 2004-03-01 12:37:53 In reply to: Kirk L. Kroeker
There are a one direct question that did not get asked.
SCO distributed code under GPL. Can they not read?
SCO distributed code under GPL. Can they not read?
Posted by: rickmci 2004-03-01 12:12:31 In reply to: Kirk L. Kroeker
Blackmale is blackmale. If he is so interest in letting the courts deside the case. Why are they asking for fee before the proof is layed out in court, and they have won? Because they are using the pain in the ass tatic to increase stock proces falsely and for hope someone will buy them to shut them up. PERIOD! That is all that I see in SCO anymore...
Posted by: ThadBeier 2004-03-01 12:11:14 In reply to: Kirk L. Kroeker
When you run an interview that contains bald and serious accusations of impropriety against an individual, I believe that it is incumbent upon you to either attempt to verify those statements, or at least give that person an opportunity to respond.
Pamela Jones has run a weblog for the last year of surpassing integrity and content. Her research into the details of the conflict between SCO and the Linux community is not just unsurpassed -- it is so good that nobody even tries to compete. Furthermore, in the cases where she has been mistaken, she owns up to it quickly and completely -- as in the case where she was perhaps to quick to give credence to the idea of SCO fabricting a DDoS attack on themselves.
Where can you find all public details of the agreements between SCO and Novell? Groklaw is the only place. Where can you find transcripts of SCO's public statements? Only Groklaw. Where can you find searchable text copies of the legal filings in the SCO cases? Only Groklaw. Where can you find examples of refutations of SCO's claims against IBM, as in the recent case of the programmers of AutoZone authoritatively ripping apart SCO's claims that IBM influenced AutoZone into converting to Linux? Groklaw.
Where can you find ubsubstantiated accusations that Ms Jones is somehow controlled by IBM? I'm afraid that you can only find that in LinuxInsider -- and I think that you should find a way to verify or refute those statements.
Thad Beier
Pamela Jones has run a weblog for the last year of surpassing integrity and content. Her research into the details of the conflict between SCO and the Linux community is not just unsurpassed -- it is so good that nobody even tries to compete. Furthermore, in the cases where she has been mistaken, she owns up to it quickly and completely -- as in the case where she was perhaps to quick to give credence to the idea of SCO fabricting a DDoS attack on themselves.
Where can you find all public details of the agreements between SCO and Novell? Groklaw is the only place. Where can you find transcripts of SCO's public statements? Only Groklaw. Where can you find searchable text copies of the legal filings in the SCO cases? Only Groklaw. Where can you find examples of refutations of SCO's claims against IBM, as in the recent case of the programmers of AutoZone authoritatively ripping apart SCO's claims that IBM influenced AutoZone into converting to Linux? Groklaw.
Where can you find ubsubstantiated accusations that Ms Jones is somehow controlled by IBM? I'm afraid that you can only find that in LinuxInsider -- and I think that you should find a way to verify or refute those statements.
Thad Beier
Posted by: beaner 2004-03-01 06:22:39 In reply to: Kirk L. Kroeker
The PR director of SCO, Or the minister of information of Iraq?
Witch is witch?
Witch is witch?
Posted by: sjworth 2004-02-29 09:37:57 In reply to: Kirk L. Kroeker
What people want to know is why, if SCO IP is in Linux doesn't SCO want to minimize the damage to the value of their IP and remove it? It is well known that allowing the Linux community to remove the alledged SCO IP by disclosure of what is infringing and why would make the open source community very happy and should make SCO happy as well by ending damages on both ends. Yet to this day SCO is not telling anyone what is really wrong (if anything) so it can be fixed, trying to sell IP licenses for Linux, and attepting to give the appearance that everything is good with open source in the case of Stowell, while McBride is going so far as to write Congress with major FUD over Linux, open source, and GPL. This gives the company two faces to show you depending on what they want to show you on any given day. I should not be surprised by this two faced SCO's public statements concerning self imposed deadlines to act against Linux end users to come and pass with no action taken. I should expect them to continue the I have a secret and I won't tell child's strategy to continue. I still wonder why, if SCO is on the up and up concerning their Linux IP licensing don't they offer refunds and other common customer protections along with the ironclad SCO protection clearly stated within the license. If SCO answered these questionable items honestly along with questions then raised by their answers I think they would find a high level of cooperation, improved respect, and a potential future after litigation. SCO must realize they are killing their company in the long run. SCO must realize that even if they some how prevail they can not continue to force others to use SCO IP they don't want to use. Linux and other developers will as soon as the IP lines are drawn clearly and permanently; remove any and all SCO IP from Linux. SCO appears to have choosen the short term and temporary FUD and litigation path to greatly raise the price of their stock while destroying it's sustainable value in the long run. Win or loose the price for SCO's seemingly unethical conduct today will be paid by furure SCO stock holders who will see the price of their SCOX stock return to it's true value. In closing let it be said that SCO can only be judged by what can be seen. SCO's public actions concerning the protection of it's alledged IP have not been forth coming, consistant, or constructive. SCO has said publically that no SCO IP exists in the Linux kernel one day to just to turn around and sue over that non-existent IP the next. Read for yourselves and judge for yorselves for the only true freedom one has in life is making a choice for themselves.
So here we sit with Dr. Stowell and Mr. McBride.
So here we sit with Dr. Stowell and Mr. McBride.
Posted by: glennthigpen 2004-02-27 21:27:32 In reply to: Kirk L. Kroeker
"Thanks for giving me the opportunity to tell a side of the story that not many people get to hear."
Actually it seems to be the other way around. SCOG has been trying its case in the court of public opinion from time beofre it ever filed its first law suit. And if any of those who report on the case would take the time to follow the IBM and Red hat suits a little more closely, it would be found that SCOG is doing its level best not to have its case(s) actually heard in court.
Glenn
Actually it seems to be the other way around. SCOG has been trying its case in the court of public opinion from time beofre it ever filed its first law suit. And if any of those who report on the case would take the time to follow the IBM and Red hat suits a little more closely, it would be found that SCOG is doing its level best not to have its case(s) actually heard in court.
Glenn
Posted by: rickmci 2004-03-01 13:06:38 In reply to: glennthigpen
That would be true since the only evidence put forth so far seams to have been PD source from the open BSD days. Software that's source and free use was desided IN COURT a decade ago. I serously doubt thet anyone at SCO know where there source code came from or who really owns it. Provided there is even any in linux. It seams to be on of the closest garded secrets, what exactly did IBM copy into linux. You can't take PD software incorporate into your product and then declear the PD stuff is your IP also. They have no case. That is why IBM & RedHat want to go to court. SCO will loose and die a slow misable death... AS IT SHOULD! Cheeper that purchasing a worthless company as SCO would have them do. Just buy us out and we will go home and shut up, is SCO plan and IBM and RedHat are going to send them to the showers instead..... broke. RIP SCO!
Posted by: wevervain 2004-02-27 15:33:06 In reply to: Kirk L. Kroeker
One way open source might continue to work with and help the company (The SCO Group) is in putting some mechanisms in place to assure that open-source software doesn't make its way into proprietary distributions. I'm sure this will continue to be an aim amongst open-source developers going into the future.
Despite what Blake says to the contrary, I know I could not sleep at nights if I had a job where I had to lie to the world. He once again implies that the DDoS attacks were caused by the open source community, how is this being honest with the media? His only defence in this matter would be that he made an honest mistake, but he must have been told that it was the work of criminals linked to spammers. Everybody else in the IT community understands this but not Blake. BS is very apt
Despite what Blake says to the contrary, I know I could not sleep at nights if I had a job where I had to lie to the world. He once again implies that the DDoS attacks were caused by the open source community, how is this being honest with the media? His only defence in this matter would be that he made an honest mistake, but he must have been told that it was the work of criminals linked to spammers. Everybody else in the IT community understands this but not Blake. BS is very apt
Posted by: skygeek2003 2004-03-01 14:37:40 In reply to: wevervain
I might be missing something, but after some of the facts came to light, they are saying that some code that is not theirs, namely NUMA and RCU were coded by IBM and whomever else, but ended up in the linux kernel.
Where is the damage to SCOG if the above is correct? IBM has a perpetual license and is fully paid up according to IBM. Wouldn't this mean that whether a client chooses AIX or linux on a multi-processor machine, SCOG won't be making a penny?
IBM could be the only one losing revenue from not selling more AIX licenses?
Where is the damage to SCOG if the above is correct? IBM has a perpetual license and is fully paid up according to IBM. Wouldn't this mean that whether a client chooses AIX or linux on a multi-processor machine, SCOG won't be making a penny?
IBM could be the only one losing revenue from not selling more AIX licenses?

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