Wow!
Posted Aug 19, 2003 10:36 UTC (Tue) by
djabsolut (guest, #12799)
In reply to:
Wow! by AnswerGuy
Parent article:
SCO Turns Up the Heat on Linux Users (eWeek)
They're scraping the bottom of the well. They should seriously consider
hiring a hollywood script writer to come up with a new Linux/GNU-harassment plotline. Pay him/her in stock options, so the writer's performance directly affects how much $$$ he/she gets.
As for attacking the GPL... first they ignore it and still distribute
the linux kernel from their ftp site. Then they make the absurd claim that their extortion contract (read: "license") is compatible with the GPL.
When IBM invokes the relevant clause(s) from the GPL in their countersuit, SCO says "that IBM should move away from the GPL" (btw, IBM's action implicitly states that they have pretty good faith in the GPL).
Now SCO is saying that this case is all about GPL.
Go figure, but that's the kind of (lack of) logic we expect from SCO anyway
(actually, it is logical if all they care about is Pump'n'Dump).
One could dig through the GPL and come up with quite a few relevant
clauses, but this one should suffice:
7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot
distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you
may not distribute the Program at all. For example, if a patent
license would not permit royalty-free redistribution of the Program by
all those who receive copies directly or indirectly through you, then
the only way you could satisfy both it and this License would be to
refrain entirely from distribution of the Program.
The GPL is not something you can just ignore. The linux kernel is copyrighted by many people and they have given their permission
to redistribute their works via the GPL. Failing to adhere to the GPL
means that SCO is in violation of copyright (read: they're infringing on OUR (as in the Linux/GNU community) intellectual rights).
Part of the relevant clause:
5. You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to modify or
distribute the Program or its derivative works. (...)
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