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The Real Price of Linux Software (law.com)

Law.com has run a low-clue article on how businesses can protect themselves from the (perceived) threats of free software. "Open-source software's potential risks for intellectual property infringement litigation and the lack of warranties, indemnities and other protections mean businesses should be clamping down on open-source software. Despite the possibility of legal action by SCO, most companies have little understanding of how much open-source software they are using because they don't manage it properly and don't understand how many commercial applications have embedded open-source software."

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The Real Price of Linux Software (law.com)

Posted Jan 28, 2005 15:22 UTC (Fri) by kfiles (guest, #11628) [Link]

Strangely, while the opening thesis of the article sounds like complete spoon-fed drivel, the articulated procedures are pretty common-sense.

The article recommends that you make sure you know what OSS you are using, and understand the licenses, especially if you are redistributing it. It also recommends doing some diligence before distributing modifications.

To me, the meat of the article is actually aimed at elminating confusion that might result in problems like Linksys had. Linksys clearly hadn't done their homework enough to understand that Broadcom was asking them to distribute OSS, and implicitly agree to GPL licenses in the process. I think we all agree that the outcome was a good one, but I'm sure it was painful for Linksys/Cisco. They undoubtedly benefitted both from having a feature-complete product more-or-less handed to them, and later from the development of an active community of firmware hackers.

It's *very* unfortunate that the title and introduction to this article are so misleading and poorly informed. I wonder if they thought no one would read their suggestions without an eye-catching intro, complete with threats of litigation and massive liabilities (all of which are unfounded).

--kirby

On a side note

Posted Jan 28, 2005 16:37 UTC (Fri) by cpm (guest, #3554) [Link] (2 responses)

The NPR all around good guy, Kojo Nnamdi, a Wash DC local did a show this
past tuesday for Tech Tuesday, on WAMU, which is pretty well received by
the DC crowd, supposedly centered on "Open Source" as a follow-up to
the recent news of IBM releaseing a bunch of (imho useless) patents to
the open source community.

For his guests, he chose Nathan Torkington, you know, the Perl guy.

And, , ,

Johnathan Zuck.

Name rang a bell, or rather, a buzzer. I was listening to the
evening re-broadcast, and this guy Zuck said some very interesting
and -to my ears- well trained, things concerning open source.

In fact, a lot of what he said was very contrary to what little
good press OSS receives, and some of it was downright disengenious.

When they went to the phones, a suprising number of folks tried to
call Mr Zuck on his posture, but he held true, and few even hinted
that he was little more than a Pro-Microsoft Shill. Kojo even asked
him to comment on that, and it was all passed off with a laugh.

Mr Torkington challenged Mr Zuck on a number of technical points,
but it was a polite exchange. (which is always good) Yet Mr Torkington
brought no meat to the table.

Next day, I spent all of 15 seconds on Google, turning info that
Mr Zuck is in *fact* a Pro-Microsoft Shill, his organization of
which he is the president is none other than the Association for
Competitive Technology, which many have said over the years is
nothing more than a microsoft PR firm.

I emailed Kojo and NPR concerning why they would choose an openly
anti-open source "source" like Mr. Zuck to be a guest "expert"
on a show about Open Source. Remember, the point of the show was
not to argue the benefits/pitfalls of OSS, but rather to explain
OSS to the "masses".

I also emailed Mr. Torkington as to his take on this.

I've not received any replies.

Both of my emails were non-confrontational, and professionally
worded.

Me thinks something is rotten here, perhaps.

PRI, NPR and such receive large funding from Microsoft and the
Bill and Melida Gates Foundation.

----

Just interesting, that's all.

PS,
for those of you who buy into the horror of RealPlayer, you can
listen to the show from this link:
http://www.wamu.org/programs/kn/05/01/25.php

Not the only anti-Linux reporting on NPR

Posted Jan 28, 2005 20:18 UTC (Fri) by Ross (guest, #4065) [Link]

They have a particularly poor track record with reporting on the SCO
litigation (basically repeated SCO's claims). They also reported, on
another occasion, that Linux supporters were running massive DDoS attacks
against SCO. That's not to say all their Linux coverage is negative or
inaccurate, just that there have been a few cases of note. I don't actually
listen to it that often so these may not be representative.

I've also been disappointed with their coverage of other litigation,
including the challenge of Bono Copyright Extension Act in the US Supreme
Court a year or two back and the various contributory copyright
infringement cases, because it has not been very deep. In some cases it
really failed to explain the arguments in the case or what the legal
repercussions would be. When they can't be done the best thing is to just
report it as something that happened and leave it at that. Similarly, the
coverage of computer security (viruses, encryption, voting machines,
"cyber"-terrorism, etc.) has been relatively poor. And while I'm
complaining they just did another y2k hype piece... I had thought we were
done with those four years ago.

On a side note

Posted Feb 1, 2005 13:37 UTC (Tue) by cpm (guest, #3554) [Link]

As a follow-up, Torkington did eventually reply. And we've had a good coorespondence. Stay tuned for more Torkington<->Zuck debates in the future.

The Real Price of Linux Software (law.com)

Posted Jan 28, 2005 17:40 UTC (Fri) by lj (guest, #376) [Link]

A law web site running an article about the legal implications of open source software? *GASP* I'm shocked!

Come on- what did anyone expect they'd write about- the cleverness of the kernel scheduling algorithm?

Look, these guys are probably writing about a non-issue. Then again, anything is possible in the American legal system, especially when you have too many highly motivated lawyers running around trying to find creative ways to make a buck.

One further point to consider: You've heard the saying "when all you have is a hammer, every problem looks like a nail"? Well, I propose the corollary that when all you have is a law degree, every issue looks like potential litigation.

Carry on.

The Real Price of Linux Software (law.com)

Posted Jan 28, 2005 18:35 UTC (Fri) by TwoTimeGrime (guest, #11688) [Link] (1 responses)

> Open-source software's potential risks for intellectual property
> infringement litigation

What about closed source? I can't check the Windows XP source.

> the lack of warranties

Interesting. Most commercial software disclaims warranties as well.

The Real Price of Linux Software (law.com)

Posted Jan 28, 2005 21:14 UTC (Fri) by tavis (guest, #14187) [Link]

Hmm... well, at least we can check the shrink wrap, which mentions a copyright of the Regents of the University of California. So it seems that everyone who uses Windows is using some sort of open source BSD code. erhaps they should all be very, very nervous.... ;)


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