Re: nettime Update: Linux strikes back... III

2003-06-30 Thread nettime's digest

Table of Contents:

   Re: nettime Update: Linux strikes back... III 
 . __ . [EMAIL PROTECTED] 

   Re: nettime Update: Linux strikes back... III 
 Heiko Recktenwald [EMAIL PROTECTED] 



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Date: Sun, 29 Jun 2003 19:44:32 +0200
From: . __ . [EMAIL PROTECTED]
Subject: Re: nettime Update: Linux strikes back... III


hi,


I am not completely convinced about this. First of all, why should I
defend IBM? Because it is part of the good and against evil ?
They invented the PC but the clever Bill Gates got the money, chapeau,
however bad his OS is today. Dos was not unix but it worked.
 

I agree that companies try to make money - surprise... and the best
product does not always win - surprise again... It has also nothing to do
with good against evil, it is just a situation, where my interests in
continuing the distribution of Linux coincide with the interests of IBM,
who will even use his own resources to achieve this goal - thx ibm

Copyleft etc is fine, Caldera and Linux etcpp, but besides that, it is
possible that the old contracts between IBM and SCO are more special.
This is about pacta sunt servanda, a completely different story.

The problem is not the judgement on the question if the contract is still
valid. But there are other serious problems:

1. By claiming, that Linux is an illegal derivative of software SCO
acquired, SCO threatend Linux as a whole... (a decision on the merits
would also include if this was true or not...)

2. If the strategy turns out to be profitable, this will repeat itself in
various forms (Strategy meaning: Trade up stocks short-time by phantastic
claims and profit from it without anyone countering it, making this an
epensive move - that's where we need IBM again or who do you think will
pay?!)

3. Other competitors might be dissuaded from copying IBMs strategy to
embrace Open Source, providing further financial resources to developing
the software, if this problem is not resolved...


IBMs freedom is not mine.

Sometimes it is, tiburon, if one would only notice. 


Cheers,

g 


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Date: Mon, 30 Jun 2003 01:20:07 +0200 (CEST)
From: Heiko Recktenwald [EMAIL PROTECTED]
Subject: Re: nettime Update: Linux strikes back... III

Well,

On Sun, 29 Jun 2003, . __ . wrote:

it is just a situation, where my interests
in continuing the distribution of Linux coincide with the interests of
IBM, who will even use his own resources to achieve this goal - thx ibm

Yepp, but I wouldnt think you are the real target. As I saw it, it is
about this contract and has not so much to do with linux in general.

 Copyleft etc is fine, Caldera and Linux etcpp, but besides that, it is
 possible that the old contracts between IBM and SCO are more special.
 This is about pacta sunt servanda, a completely different story.

 The problem is not the judgement on the question if the contract is still
 valid. But there are other serious problems:

 1. By claiming, that Linux is an illegal derivative of software SCO acquired, SCO 
 threatend Linux as a whole... (a decision on the merits would also include if this 
 was true or not...)

This is an idiotic claim as far as the linux open source movement is
concerned but in the light of that contract it might be different as far
as IBM is concerned.

 2. If the strategy turns out to be profitable, this will repeat itself in various 
 forms (Strategy meaning: Trade up stocks short-time by phantastic claims and profit 
 from it without anyone countering it, making this an epensive move - that's where 
 we need IBM again or who do you think will pay?!)

Well, the contract between SCO and IBM is unique.

 3. Other competitors might be dissuaded from copying IBMs strategy to embrace Open 
 Source, providing further financial resources to developing the software, if this 
 problem is not resolved...

I dont think so, but they will learn, maybe, that Linux is no argument to
break contracts that you have allready signed.


 IBMs freedom is not mine.

 Sometimes it is, tiburon, if one would only notice.

Dont know tiburon and I loved the original tn3270 terminals more than
SCO or Caldera, but if they break contracts thats broken contracts
and thats their business.

Thats what I thought when I read your piece from findlaw, that IBM might
misuse Linux here, dont know, but I wasnt completely convinced.

Best, H.


 Cheers,

 g





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Re: nettime Update: Linux strikes back... III

2003-06-29 Thread Heiko Recktenwald
Hi,

On Fri, 27 Jun 2003, . __ . wrote:

 Sometimes one can find things on findlaw. I think that the attack against
 Open Source must be dealt with in an exemplary way so that other companies
 do not even dream of repeating this farce...

I am not completely convinced about this. First of all, why should I
defend IBM? Because it is part of the good and against evil ? They
invented the PC but the clever Bill Gates got the money, chapeau, however
bad his OS is today. Dos was not unix but it worked.

Copyleft etc is fine, Caldera and Linux etcpp, but besides that, it is
possible that the old contracts between IBM and SCO are more special. This
is about pacta sunt servanda, a completely different story.

So it seems that the only question in this case is whether IBM could
terminate those contracts, nothing more.

And I dont care much about this.

Not everything with the label linux is about that freedom that we like.
IBMs freedom is not mine.


H.












#  distributed via nettime: no commercial use without permission
#  nettime is a moderated mailing list for net criticism,
#  collaborative text filtering and cultural politics of the nets
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