Hello, I found these two articles in the Omaha World Hearld and thought I'd share in case you hadn't seen them.
Red Hat sues SCO over threat to Linux SAN JOSE, Calif. (AP) - Leading Linux distributor Red Hat sued the SCO Group on Monday, calling accusations of copyright infringement against the open-source operating system "unfair and deceptive actions." The lawsuit, filed in Delaware federal court, seeks a declaration that Red Hat is not violating SCO's intellectual property and an injunction that would bar SCO from making untrue claims that harm the Linux business. "We're seeking a resolution . . . to all the rhetoric as fast as possible," said Matthew Szulik, Red Hat's chief executive officer. SCO, which owns key parts of the Unix operating system, claims its code has seeped into Linux. It is seeking $3 billion from International Business Machines Corp. for allegedly transferring Unix code to Linux. SCO also has sent warning letters to hundreds of other companies. So far, Red Hat has not been sued. With Monday's lawsuit, however, it has taken the offensive against Lindon, Utah-based SCO. SCO did not immediately return phone calls seeking comment. A cloud of legal uncertainty has enveloped Linux since March, when SCO filed its breach-of-contract lawsuit against IBM. Though the suit itself relates to how IBM distributed its version of Unix, SCO has raised serious questions about Linux in its warning letters and in interviews. The case also has cast a shadow over the LinuxWorld trade show, which is taking place this week in San Francisco, though legal issues aren't on the formal program. SCO's claims raise questions about the essence of the open-source movement that's evolved on the notions that software code should be fully exposed and freely distributed rather than secret and proprietary, as Microsoft's programs chiefly are. "I think that's why this is escalating into such an epic battle here," Darl McBride, SCO's chief executive, said last week. "We're not going to give in, and if they do give in, then they've got big problems. I guess that's what creates great big-time battles." Linux is distributed under the GNU General Public License, which leaves users - not distributors - liable for any intellectual property issues that might arise. McBride often refers to this as the "hot potato" of Linux. George Weise, a Gartner analyst, thinks SCO's claims should not be ignored, even if they seem baseless. "To me that's akin to a home user getting a letter from a legal firm with some claim against you and you throwing the letter in the trash," Weise said. On Monday, Red Hat also announced that it was establishing a legal defense fund for companies and organizations that are developing Linux. Red Hat contributed $1 million to the fund. But Red Hat is not offering help to customers. They're protected by the transparency of open-source code, Szulik said. SCO has yet to fully disclose the code that allegedly infringes on its intellectual property. "The question is what are they being held liable to? That is the very essence of our complaint," Szulik said. ===================================================================== Linux war heats up; IBM starts countersuit SAN JOSE, Calif. (AP) - International Business Machines Corp. retaliated in court Thursday against claims by the SCO Group Inc. that it gave away proprietary code to developers of the Linux operating system. IBM sought dismissal of SCO's original suit, alleging that the Utah company made false allegations, competed unfairly and infringed on IBM patents. The countersuit seeks unspecified compensatory and punitive damages. SCO claims to own the rights to key elements of the Unix operating system, which has been licensed to thousands of companies, including IBM. In a $3 billion suit it filed against IBM in March, SCO alleges that IBM transferred code from its AIX version of Unix to Linux, which is developed by thousands of programmers worldwide. In the 45-page filing in Utah federal court, IBM asserts SCO devised a "campaign of falsehoods" that creates "the false impression that SCO holds the rights to Unix that permit it to control not only all Unix technology but also Linux." IBM also accuses SCO of violating the GNU General Public License under which Linux is distributed. In June, SCO terminated the Unix license of IBM, which maintains the license is perpetual and continues to sell machines that run both Unix and Linux. IBM also takes issue with SCO's attempts to generate licensing revenue based on alleged infringing code, which SCO has refused to publicly identify. The countersuit claims SCO violated "no fewer than four" of IBM's patents in its UnixWare operating system and other products. In a statement, SCO said IBM's action is an attempt to "distract attention from its flawed business model." SCO issued a similar statement earlier this week after Linux distributor Red Hat Inc. sued the company for "unfair and deceptive actions." Best regards, Michael Morey mailto:[EMAIL PROTECTED] GOD BLESS THE USA! * * * * * * * ============ * * * * * * * ============ * * * * * * * ============ * * * * * * * ============ ========================== ========================== ========================== ==========================
