The SCO vs. GNU/Linux comapaign gives all of us an invaluable
opportunity to review what Free Software aims to achieve and the
methodologies that it uses.

Without an accurate understanding of Free Software methods and goals, we
are vulnerable to distortions by forces hostile to our efforts. Richard
Stallman's essay published by ZDNet today (and copied below) concisely
outlines many common mis-understandings about Free Software. It is
interesting to read Stallman's analysis of the significance of these
misconceptions and how they are used to smear many/all Free Software
products :
"In a community of over half a million developers, we can hardly expect
that there will never be plagiarism. But it is no disaster; we discard
that material and move on. If there is material in Linux that was
contributed without legal authorization, the Linux developers will learn
what it is and replace it. SCO cannot use its copyrights, or its contracts
with specific parties, to suppress the lawful contributions of thousands
of others."

Hope you will find his essay as helpful and insightful as I have:

-----------------------
copied from:
http://techupdate.zdnet.com/techupdate/stories/main/0,14179,2914132,00.html

SCO smear campaign can't defeat GNU community
by Richard Stallman
June 23, 2003

SCO's contract dispute with IBM has been accompanied by a smear campaign
against the whole GNU/Linux system. But SCO made an obvious mistake when
it erroneously quoted me as saying that "Linux is a copy of Unix." Many
readers immediately smelled a rat--not only because I did not say that,
and not only because the person who said it was talking about published
ideas (which are uncopyrightable) rather than code, but because they know
I would never compare Linux with Unix.

Unix is a complete operating system, but Linux is just part of one. SCO is
using the popular confusion between Linux and the GNU/Linux system to
magnify the fear that it can spread. GNU/Linux is the GNU operating system
running with Linux as the kernel. The kernel is the part of the system
that allocates the machine's resources to the other programs you run. That
part is Linux.

We developed GNU starting in 1984 as a campaign for freedom, whose aim was
to eliminate non-free software from our lives. GNU is free software,
meaning that users are free to run it, study it and change it (or pay
programmers to do this for them), redistribute it (gratis or for a fee),
and publish modified versions. (See
http://www.gnu.org/gnu/the-gnu-project.html.)

 In 1991, GNU was mostly finished, lacking only a kernel. In 1992, Linus
Torvalds made his kernel, Linux, free software. Others combined GNU and
Linux to produce the first complete free operating system, GNU/Linux. (See
http://www.gnu.org/gnu/gnu-linux-faq.html.) GNU/Linux is also free
software, and SCO made use of this freedom by selling their version of it.
Today, GNU runs with various kernels including Linux, the GNU Hurd (our
kernel), and the NetBSD kernel. It is basically the same system, whichever
kernel you use.

Those who combined Linux with GNU didn't recognize that's what they were
doing, and they spoke of the combination as "Linux." The confusion spread;
many users and journalists call the whole system "Linux." Since they also
properly call the kernel "Linux," the result is even more confusion: when
a statement says "Linux," you can only guess what software it refers to.
SCO's irresponsible statements are shot through with ambiguous references
to "Linux." It is impossible to attribute any coherent meaning to them
overall, but they appear to accuse the entire GNU/Linux system of being
copied from Unix.

The name GNU stands for "GNU's Not Unix." The whole point of developing
the GNU system is that it is not Unix. Unix is and always was non-free
software, meaning that it denies its users the freedom to cooperate and to
control their computers. To use computers in freedom as a community, we
needed a free software operating system. We did not have the money to buy
and liberate an existing system, but we did have the skill to write a new
one. Writing GNU was a monumental job. We did it for our freedom, and your
freedom.

To copy Unix source code would not be ethically wrong, but it is illegal;
our work would fail to give users lawful freedom to cooperate if it were
not done lawfully. To make sure we would not copy Unix source code or
write anything similar, we told GNU contributors not even to look at Unix
source code while developing code for GNU. We also suggested design
approaches that differ from typical Unix design approaches, to ensure our
code would not resemble Unix code. We did our best to avoid ever copying
Unix code, despite our basic premise that to prohibit copying of software
is morally wrong.

Another SCO tool of obfuscation is the term "intellectual property." This
fashionable but foolish term carries an evident bias: that the right way
to treat works, ideas, and names is as a kind of property. Less evident is
the harm it does by inciting simplistic thinking: it lumps together
diverse laws--copyright law, patent law, trademark law and others--which
really have little in common. This leads people to suppose those laws are
one single issue, the "intellectual property issue," and think about
"it"--which means, to think at such a broad abstract level that the
specific social issues raised by these various laws are not even visible.
Any "opinion about intellectual property" is thus bound to be foolish.
(See http://www.gnu.org/philosophy/words-to-avoid.html.)

In the hands of a propagandist for increased copyright or patent powers,
the term is a way to prevent clear thinking. In the hands of someone
making threats, the term is a tool for obfuscation: "We claim we can sue
you over something, but we won't say what it is."

In an actual lawsuit, such ambiguity would make their case fail, or even
prevent it from getting off the ground. If, however, SCO's aim is to shake
the tree and see if any money falls down, or simply to spread fear, they
may regard vagueness and mystery as advantageous.

I cannot prognosticate about the SCO vs IBM lawsuit itself: I don't know
what was in their contract, I don't know what IBM did, and I am not a
lawyer. The Free Software Foundation's lawyer, Professor Moglen, believes
that SCO gave permission for the community's use of the code that they
distributed under the GNU GPL and other free software licenses in their
version of GNU/Linux.

However, I can address the broader issue of such situations. In a
community of over half a million developers, we can hardly expect that
there will never be plagiarism. But it is no disaster; we discard that
material and move on. If there is material in Linux that was contributed
without legal authorization, the Linux developers will learn what it is
and replace it. SCO cannot use its copyrights, or its contracts with
specific parties, to suppress the lawful contributions of thousands of
others. Linux itself is no longer essential: the GNU system became popular
in conjunction with Linux, but today it also runs with two BSD kernels and
the GNU kernel. Our community cannot be defeated by this.

Copyright 2003 Richard Stallman. Verbatim copying and redistribution of
this entire article are permitted without royalty in any medium provided
this notice is preserved.

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