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A brief look at IBM's counterclaims

A brief look at IBM's counterclaims

Posted Aug 7, 2003 19:54 UTC (Thu) by leandro (subscriber, #1460)
Parent article: A brief look at IBM's counterclaims

Now the US$1M question is: when is Linus going to cease-and-desist SCO from distributing Linux as per their GNU GPL violations?

Or rather, when will the FSF, as seemingly IBM has assigned them their Linux work copyrights?


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A brief look at IBM's counterclaims

Posted Aug 7, 2003 21:50 UTC (Thu) by coriordan (guest, #7544) [Link]

> as seemingly IBM has assigned [FSF] their Linux work copyrights

I heard that IBM assigned it's copyrights for the s390 port to FSF, but a quick grep of linux-2.6.0-test2 says that the copyrights for most files in there are held by IBM and the remainder are held by Linus Torvalds.

FSF do have copyrights to one header file in the asm-s390 directory, and one s390 documentation file though.

Can someone clear this up?

A brief look at IBM's counterclaims

Posted Aug 8, 2003 5:00 UTC (Fri) by mbp (guest, #2737) [Link]

The header file to which you refer was borrowed from glibc, and therefore (C) the FSF.

I don't know why anyone would assign copyrights to the FSF for kernel work, since the FSF is not particularly involved with the Linux kernel. I suppose they wouldn't say no if you wanted to...

IBM has contributed code both under corporate and personal copyrights. (Try grepping for ibm.com addresses.)

A brief look at IBM's counterclaims

Posted Aug 10, 2003 1:33 UTC (Sun) by coriordan (guest, #7544) [Link]

> IBM has contributed code both under corporate and personal copyrights

but the question is:
where's all this code that IBM gave FSF the copyrights of?
(some say FSF own all of IBMs contributions, I heard FSF owns the s390 port, the Linux source doesn't confirm any of this.)

If FSF owns the copyright, the file has to say so.

A brief look at IBM's counterclaims

Posted Aug 10, 2003 23:59 UTC (Sun) by garloff (subscriber, #319) [Link]

> but the question is:
> where's all this code that IBM gave FSF the copyrights of?
> (some say FSF own all of IBMs contributions, I heard FSF owns the s390
> port, the Linux source doesn't confirm any of this.)

For a port you need gcc and glibc support as well.
Contributions to these projects obviously need to be done by assigning
the copyright to FSF.

A brief look at IBM's counterclaims

Posted Aug 11, 2003 0:24 UTC (Mon) by coriordan (guest, #7544) [Link]

ah, yes. A quick grep of the glibc sources shows that the contents of the s390 folders are copyright FSF.

thanks garloff.

Ciaran O'Riordan

A brief look at IBM's counterclaims

Posted Aug 8, 2003 4:58 UTC (Fri) by mbp (guest, #2737) [Link]

> when is Linus going to cease-and-desist SCO from distributing Linux as per
> their GNU GPL violations?

I doubt if Linus is going to do that himself; it would only increase the media feeding frenzy and presumably he has more useful things to do with his time.

However it doesn't have to be Linus: unlike Apache or GNU projects, copyright in the kernel is widely held. Anyone with copyrighted code in the kernel can potentially tell SCO to stop distributing it. Indeed, a German hacker (currently unnamed) did so a few months ago.

Unfortunately SCO, in their current death-agony mode, are unlikely to respond to a cease-and-desist letter. I suspect you would need enough legal firepower to get an injunction against them, and that doesn't go cheap. The organizations with enough at stake to fund it (RedHat, IBM, OSDL, etc) are already acting. Note that OSDL includes many other major companies.

Perhaps some kernel hacker who got rich off LNUX shares will decide to put a few thousands into suing SCO... unfortunately by the time IBM are done with them, there probably won't be enough left for anyone else to recover their costs. (Think rotten.com gunshot wounds....)

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