03-03-2004, 11:16 AM | #1 (permalink) |
Junkie
Location: The True North Strong and Free!
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AutoZone sued over use of Linux
AutoZone sued over use of Linux
Associated Press Published March 3, 2004 Last updated: March 3, 2004 at 8:08 AM LIN04 NEW YORK -- The SCO Group Inc. today said it has filed a copyright suit against auto-parts company AutoZone Inc., alleging the chain runs versions of the freely distributed Linux operating system that contain code belonging to SCO. Over the last several months, Lindon-based SCO has sent letters to about 1,500 companies demanding they pay licensing fees of about $700 for each server running Linux or face legal action. SCO holds the rights to key elements of the 30-year-old Unix operating system from which Linux was inspired, and claims parts of it have been incorporated in Linux. Those claims are disputed by, among others, IBM Corp. and Novell Inc. IBM and SCO have traded lawsuits over the matter. A spokesman for AutoZone, which is based in Memphis, Tenn., was not immediately available to comment. Unlike Unix or Microsoft Corp.'s Windows, Linux is developed by a worldwide community of programmers and is free to copy or download, making it attractive to many corporations. IBM, Intel Corp. and other have contributed to a legal fund that will help companies running Linux defray the cost of defending themselves against lawsuits. In a statement, SCO Chief Executive Darl McBride vowed to continue suing Linux users. Also today, SCO said that after paying dividends on preferred shares, it lost $2.25 million, or 16 cents a share, in its fiscal first quarter ended Jan. 31. It lost $724,000, or 6 cents a share, in the same quarter last year. Revenue fell 16 percent to $11.4 million from $13.5 million. ------------------------ I hope the SCO group get their asses handed to them in court. What a pure and pathetic cash grab attempt by this company.
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"It is impossible to obtain a conviction for sodomy from an English jury. Half of them don't believe that it can physically be done, and the other half are doing it." Winston Churchill |
03-03-2004, 11:41 AM | #2 (permalink) |
Everything's better with bacon
Location: In your local grocer's freezer.
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SCO is reaching a little bit. Why don't they go after the German government. They just signed an agreement to use Linux on all of their servers and desktops.
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It was like that when I got here....I swear. |
03-03-2004, 11:56 AM | #5 (permalink) |
Banned
Location: Urf
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It's awfully nice of Intel and IBM to contribute to the legal fund to help companies who get sued. Of course we all know that they're just doing it out of the goodness of their corporate hearts, not because there's some sort of long term financial advantage.
But anyway, I doubt that SCO will be succesful in the long term if it continues pulling this shit, nor will it get a lot of new customers this way. |
03-03-2004, 12:39 PM | #6 (permalink) |
Psycho
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Not only is this bad news for SCO, it's bad news for linux. Companies will refrain from using anything that's supposedly open-source if there's a snowball's chance in July that they're going to get sued for it.
I'm with ART on this, though. let the courts hear it. The worst that can happen is that if code belonging to SCO is found in the distribution, it will have to be removed and replaced by true open-source code. The best that can happen is that SCO will have been found to violate the open source terms of usage for Linux by including open-source code in it's so-called copyrighted segments, and they'll be forced to pay some ridiculous sum of money to Linux users everywhere. Disclaimer: I do not now, nor have I ever, used Linux as a primary operating system on a computer personally owned by me. I am, however, tired of corporate legal fuckery. |
03-03-2004, 01:01 PM | #7 (permalink) | |
Loves my girl in thongs
Location: North of Mexico, South of Canada
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SCO is suing both IBM and Intel for use of code that IBM placed in the public domain before selling the unix code to SCO. Basicly it's IBM saying "we sold you the portions of the code we hadn't put in the public domain" and SCO saying "You sold it all to us and never mentioned you placed any in the public domain" An issue for the courts to be sure. However, SCO's lawsuit is asking a federal judge to ban the distribution of Linux for five years on the basis that SCO has lost five years of market by the public use of their code. Essentially, SCO want's a judge to give them a five year chance to get ahead in the market before linux development can continue. That's called an unfair market advantage if granted. Think about it for a moment, No Redhat, no Apache, No MySql, no mandrake. None of it. It's also worth pointing out that Microsoft is picking up all of SCO's legal bills, as was disclosed in MS tax fillings this past year.
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Seen on an employer evaluation: "The wheel is turning but the hamsters dead" ____________________________ Is arch13 really a porn diety ? find out after the film at 11. -Nanofever |
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03-03-2004, 03:14 PM | #8 (permalink) | |
Misanthropic
Location: Ohio! yay!
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Crack, you and I are long overdue for a vicious bout of mansex. ~Halx |
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03-03-2004, 03:28 PM | #9 (permalink) | |
paranoid
Location: The Netherlands
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Both are in no way connected to the supposedly infringing code. As I understand it, it is the Linux Kernel itself that is the point of debate. Every tool built around it is not in any danger of prosecution. Plus the mentioned programs are both available for other platforms and demand and development will continue on those. However, it will mean that for many of us, an insecure, overpriced, bloated, choice-limiting, gorilla of an OS is the only option left. Btw, I never knew IBM sold Unix to SCO, I thought Novell did, and it was sub-licensed to IBM. (during that license period the alleged code transfer has supposedly taken place.) In the end, I believe free software wil prevail and for as long as the hardware base doesn't change (read: they don't force Palladium/'trusted computing' on us), we as users will have control over our own systems. But this FUD-spreading is seriously damaging Linux' reputation.
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"Do not kill. Do not rape. Do not steal. These are principles which every man of every faith can embrace. " - Murphy MacManus (Boondock Saints) |
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03-03-2004, 03:31 PM | #10 (permalink) |
Deliberately unfocused
Location: Amazon.com and CDBaby
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The computer system that my company uses is SCO-Unix based. The licensing fees are outrageous, with separate monthly fees for each work station and printer. SCO's private parts should rot and fall off!
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"Regret can be a harder pill to swallow than failure .With failure you at least know you gave it a chance..." David Howard |
03-03-2004, 05:52 PM | #12 (permalink) |
Human
Administrator
Location: Chicago
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I'm to disgusted by SCO to even bother commenting on the actual issue at hand. Suffice it to say, I signed my name on a letter to be sent to SCO of private Linux users.
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Le temps détruit tout "Musicians are the carriers and communicators of spirit in the most immediate sense." - Kurt Elling |
03-03-2004, 11:11 PM | #13 (permalink) | ||
Psycho
Location: In transit
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Read up on the SCO case at: http://www.groklaw.net And you just have to love this one: http://www.linuxworld.com/story/38138.htm
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Remember, wherever you go... there you are. |
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03-04-2004, 12:06 AM | #15 (permalink) | |
Junkie
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03-05-2004, 12:46 AM | #16 (permalink) | |
Watcher
Location: Ohio
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Well, who knew AutoZone & DaimlerChrysler were in SCO's bullseye?
SCO in it's continuing move to make money without actually doing anything, has decided to sue AutoZone and DaimlerChrysler for using Linux. The Bloomberg full text. BTW, screw the Fark link, they make one register to view the article more than once. Quote:
I don't see how they plan on running a business based on suing people. 1) This type of activity, even if they're right, generates so much negative attention it's not worth it. 2) Even if they are right, there's obviously no way that the entire open source community is going to say, "Oh shit, someone did illegally use some code? Gee, we'll all stop using Linux right this moment." Somehow, I don't see that happening. 3) Posession is 9/10ths of the law. There are millions? of Linux distros in use all over the world. Business/personall/whole server farms...these people all have legally aquired copies of software they depend on. The law will NOT find them liable for the code, even assuming that SCO is correct that parts of it are stolen. These users had no intent or desire to use stolen software. It's kida hard to do that with Linux anyway...so, there is no REASON AT ALL to fork $$ over to SCO. 4) This case is not winnable on it's face. Whoever at SCO is persuing it is hugely stupid. The only thing SCO has a shot at is proving IBM knowingly misused SCO code. If they could prove that, they have a solid case for some damages. 5) It's too bad SCO is waaay past the point of being reasonable. At this point they've lost all credability with the end user. SCO has joined RIAA in minds accross America as a sue happy bunch of assholes. __________________ Unapologetic American Last edited by billege on 03-03-2004 at 02:55 PM I suppose I should have put the thread where more people could see it, but I put it here instead.
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I can sum up the clash of religion in one sentence: "My Invisible Friend is better than your Invisible Friend." Last edited by billege; 03-05-2004 at 12:49 AM.. |
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03-05-2004, 07:48 AM | #17 (permalink) | |
Apocalypse Nerd
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Ha, Ha
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03-05-2004, 09:34 AM | #18 (permalink) |
Free Mars!
Location: I dunno, there's white people around me saying "eh" all the time
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Linux may be open-source but they still used components from an operating systems that isn't open-source. How would you tell if somebody took money from you and put it toward to stock. And that person's stock gains a million bucks after a week. Would you want your money back? Plus some interest rate and some of the million buck?
Probably. Now you see how SCO feels.
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Looking out the window, that's an act of war. Staring at my shoes, that's an act of war. Committing an act of war? Oh you better believe that's an act of war |
03-05-2004, 10:00 AM | #19 (permalink) |
Watcher
Location: Ohio
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Allow me to say it again...
Business/personall/whole server farms...these people all have legally aquired copies of software they depend on. The law will NOT find them liable for the code, even assuming that SCO is correct that parts of it are stolen. These users had no intent or desire to use stolen software. There is no REASON AT ALL, especially for users, to fork $$ over to SCO. This case is not winnable on it's face. Whoever at SCO is persuing it is hugely stupid. The only thing SCO has a shot at is proving IBM knowingly misused SCO code. If they could prove that, they have a solid case for some damages. While were at it, there are internal emails leaking from SCO that clearly show the company is most certainly using the legal system as a means to extort money from other companies. Apparently this is a better plan than making money by providing goods and services. Your sympathy for SCO is misplaced. They are not the wronged party just tying for justice, they are extorsionists.
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I can sum up the clash of religion in one sentence: "My Invisible Friend is better than your Invisible Friend." Last edited by billege; 03-05-2004 at 10:03 AM.. |
03-05-2004, 10:16 AM | #20 (permalink) |
Free Mars!
Location: I dunno, there's white people around me saying "eh" all the time
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Oh well, who cares anyways, just tell SCO to fuck off and find something else better to do...like actually work on bettering their products in order to make profits...
Ya gotta love them corpo mofos...
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Looking out the window, that's an act of war. Staring at my shoes, that's an act of war. Committing an act of war? Oh you better believe that's an act of war |
03-05-2004, 11:12 AM | #21 (permalink) | |
paranoid
Location: The Netherlands
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This last piece of info is unclear to me, and details are sketchy, but it is another possible legal pitfall for SCO. I'm all for the little guy winning from the big guy, as the little guy is usually the victim. But the way SCO is handling the case it's obvious that they are in the bully role here, and they are deservedly losing public support.
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"Do not kill. Do not rape. Do not steal. These are principles which every man of every faith can embrace. " - Murphy MacManus (Boondock Saints) |
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03-06-2004, 07:44 AM | #23 (permalink) | |
Apocalypse Nerd
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Here's an article on SCO's leaked memos
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03-12-2004, 07:54 PM | #26 (permalink) | |
Psycho
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03-12-2004, 11:08 PM | #27 (permalink) |
Human
Administrator
Location: Chicago
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Actually, the difference here is that Linux DIDN'T use any code that SCO owns so the comparison is irrelevant.
As Linus Torvalds pointed out at one point or another, SCO is basically playing it like the Raelians. If you don't remember, that was the group that said they cloned a baby and wouldn't provide the proof at all and when they did it was by their own panel of "experts." Likewise, SCO files lawsuit after lawsuit based on this alleged code that Linux contains, yet over and over when the courts ask to see this code they won't show it, and the courts by the way are getting pretty pissed off about this by now. Furthermore, the little bits of this alleged code that have been exposed were debunked in a matter of a couple days if that.
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Le temps détruit tout "Musicians are the carriers and communicators of spirit in the most immediate sense." - Kurt Elling Last edited by SecretMethod70; 03-13-2004 at 09:42 PM.. |
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autozone, linux, sued |
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