SCO readies new Linux licensing program (InfoWorld)

SCO readies new Linux licensing program (InfoWorld)

Make no mistake about it, this move by SCO, if true, is an attack upon the GPL, an attack which I for one have expected for some time, and especially now following on the heels of the attack on Linux. It is clear that SCO is not alone in this attack on Linux and Free software, that allies such as Microsoft and Sun behind the scenes. Since this action could ultimately result in the first true test of the GPL, both in court and in the court of "public opinion", it is critically important that the Linux/GPL/Free Software community engineer the correct response to this attack.

This attack is not the (perhaps) expected frontal attack, but rather an attempt to engage the open source community, GPL advocates, and business that benefit, in a legal conflict in a setting that will put the GPL and its advocates and beneficiaries at a serious disadvantage.

I do not believe that SCO will be successful in extorting money from other corporations in such a fashion (except perhaps from a select few for PR purposes as mentioned above), but then again, I do not believe that is the intent. The intent, I believe, is to invite exactly the kind of proactive response that has been discussed on this and other forums (fora?).

Under no circumstances should any business or anyone in the Free Software community move to file any kind of injunction or take any proactive action in the courts in response to this provocation. Such a move would play directly into the hands of SCO and its allies, as such a case would of course be brought before a judge with little familiarity with the GPL, but with the case itself case itself carrying significant "political" or "social" overtones which would very well dominate any judge's thinking, and not to the advantage of the GPL. A case brought in such a context could be a disaster.

Contrary to some of what I have read on this and other forums, I do not believe that it is the responsibility of the community or any business to "proactively" defend the GPL. Instead, I believe that the best course of action is to RESPOND to any direct (legal) challenges. As I understand it, the nature of the GPL and any software licensed under it is that you as a challenger must PROVE your right to inhibit or prohibit distribution of said software, generally through direct legal action against another "infringing" corporation or entity, not the other way around. In fact, I think that is basically true of all software licenses. That is, until SCO has proven their case directly against an infringing distributor (or gotten a specific injunction of their own), there is absolutely nothing they can do about the distribution of Linux. And in the outside chance that they do, it will of course then be possible for the community to remove the offending code as soon as it has been revealed, as has been pointed out so many times.

Given the above, I believe that the best response to this latest gambit by SCO and its allies is a ramped up PR capaign. Organizations such as the FSF and other interested parties and corporations need to loudly deliver public reassurances about the truths laid out above, couched to the maximum extent in legal language. In addition, the aforementioned parties should declare their preparedness and optimism about defending the GPL and Linux at the appropriate time, in the appropriate venue -- for example, if SCO were to file for an injunction against the distribution of Linux. At this time Linux is getting more than its share of press, and truth be told, most of it cannot be characterized as hostile. If such organizations and companies were to issue such statements to the press, I am confident that they would be widely disseminated. This would provide the necessary reassurance to corporate and other users of the software that the payment of any extortion money is not necessary.

I don't know if anyone else has noticed, but since this whole affair has started Linus Torvalds has really stepped up the plate in manner I have described above, giving interviews, etc.; he's definitely doing his part. I think that if everyone works together on this, there will eventually be a positive resolution for Linux and the GPL.

Peter Yellman