Re: trouble brewing over the UNIX thing again...

2003-01-27 Thread Gary W. Swearingen
Bill Moran [EMAIL PROTECTED] writes:
 Greg 'groggy' Lehey wrote:
 
  I'm more inclined to think that these are different parts of the same
  company who don't (didn't) know about the other part.
 
 Another strong possibility.  Happens all the time.

Not this time.  The reports are quoting the CEO from interviews and
official letters.  They are reporting the creation of a new business
unit (SCOsource) to handle company intellectual property.  The purpose
is obviously not to get good publicity.

http://siliconvalley.internet.com/news/article.php/1573491 quotes the CEO:

SCO is [...] identifying where intellectual property violations
have taken place, and helping resolve those violations

http://news.com.com/2100-1001-981569.html?tag=fd_top quotes the CEO:

To us, it's not an issue of: Is Linux violating (SCO intellectual
property)? It's an issue of: Is anybody violating it?

And it quotes the CEO noting the presence of their code in (Mac) OS/X.
We can hope that he doesn't know something about the secret agreements
over that code which we don't, and is just an ignorant CEO speaking too
soon, and that his new lawyer will educate him about the code's status.

Note that this scheme is not the one previously announced to sell
licenses to the SysV compatibility libraries which the articles says is
a program that customers have been asking for.  They didn't need the
new laywer to figure out how to help their customers resolve that one.

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Re: trouble brewing over the UNIX thing again...

2003-01-27 Thread Greg 'groggy' Lehey
On Monday, 27 January 2003 at 11:51:44 -0800, Gary W. Swearingen wrote:
 Bill Moran [EMAIL PROTECTED] writes:
 Greg 'groggy' Lehey wrote:

 I'm more inclined to think that these are different parts of the same
 company who don't (didn't) know about the other part.

 Another strong possibility.  Happens all the time.

 Not this time.  The reports are quoting the CEO from interviews and
 official letters.  They are reporting the creation of a new business
 unit (SCOsource) to handle company intellectual property.  The purpose
 is obviously not to get good publicity.

 http://siliconvalley.internet.com/news/article.php/1573491 quotes the CEO:

 SCO is [...] identifying where intellectual property violations
 have taken place, and helping resolve those violations

 http://news.com.com/2100-1001-981569.html?tag=fd_top quotes the CEO:

 To us, it's not an issue of: Is Linux violating (SCO intellectual
 property)? It's an issue of: Is anybody violating it?

 And it quotes the CEO noting the presence of their code in (Mac) OS/X.
 We can hope that he doesn't know something about the secret agreements
 over that code which we don't,

Which secret agreements?  The license is public, and it doesn't leave
any space for secret agreements.

 and is just an ignorant CEO speaking too soon, and that his new
 lawyer will educate him about the code's status.

I suspect that this is the case.

Could we now please take this off -questions?  Continue on advocacy@
if you want.

Greg
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Re: trouble brewing over the UNIX thing again...

2003-01-27 Thread Gary W. Swearingen
Greg 'groggy' Lehey [EMAIL PROTECTED] writes:

 Which secret agreements?  The license is public, and it doesn't leave
 any space for secret agreements.

The secret agreements which presumably allowed UCB and BSDi to continue
using Unix code without getting sued over it.  Permission which I've not
seen extended to the rest of us by its owner, as has been done for the
older versions of Unix.  We're trusting that UCB or BSDi have published
the code under its owner's license and that the published licenses are
valid and can be interpreted to cover patents as well as copyrights.
People with much at stake should trust, but verify.  Call this FUD if
you will; FUD is an accurate description, in my mind.

 Could we now please take this off -questions?  Continue on advocacy@
 if you want.

I already started and finished my thread on -chat, joining this thread
only after you and Bill had each added to it twice.  How dare you tell
others to hide their replies in another list?  If you want to object to
a thread, do that in your first reply and without an on-topic comment;
it's only fair, thank you.

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Re: trouble brewing over the UNIX thing again...

2003-01-26 Thread Greg Lehey
On Thursday, 23 January 2003 at 19:01:30 -0800, Kris Kennaway wrote:
 On Thu, Jan 23, 2003 at 08:45:04PM -0500, mikel king wrote:

McBride also confirmed that the company has hired high-profile
attorney David Boies and his legal firm to investigate whether
Windows, Mac OS X, Linux and versions of BSD infringed on the Unix
intellectual property it owned.

 This was already resolved in the early 90s when USL sued BSDi over
 encumbered UNIX code in BSD, and the case was settled.  You can read
 more about this in the archives.

 Furthermore, last year someone from SCO explicitly gave FreeBSD
 permission to publish the older code anyway.

That's not quite correct.  I'm offline now, so I can't check, but I
believe that at http://www.lemis.com/grog/diary-jan2002.html#24 you'll
find a link to the message and to the license.  If it's not there,
it's a day or two either side.

Basically, the license said:

 Date: Wed, 23 Jan 2002 15:03:37 -0800
 From: Dion Johnson [EMAIL PROTECTED]
 To: [EMAIL PROTECTED]
 Cc: [EMAIL PROTECTED], [EMAIL PROTECTED], [EMAIL PROTECTED],
 John Terpstra [EMAIL PROTECTED], [EMAIL PROTECTED], [EMAIL PROTECTED],
 [EMAIL PROTECTED], [EMAIL PROTECTED], [EMAIL PROTECTED]
 Subject: Liberal license for ancient UNIX sources
 
 Dear Warren, and friends,
 
 I'm happy to let you know that Caldera International has placed
 the ancient UNIX releases (V1-7 and 32V) under a BSD-style license.
 I've attached a PDF of the license letter hereto.  Feel free to
 propogate it as you see fit.

Warren is Warren Toomey [EMAIL PROTECTED] Yes, Dion got the mail address
wrong, but the other ones were correct :-) Warren led the fight for
the release of the old sources.

 I don't expect anything to come of this.

It's generating lots of FUD, which is unfortunate.

Greg
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Re: trouble brewing over the UNIX thing again...

2003-01-26 Thread Bill Moran
Greg Lehey wrote:

I don't expect anything to come of this.


It's generating lots of FUD, which is unfortunate.


That's probably their entire goal.  After all, what else could
they hope to accomplish?

--
Bill Moran
Potential Technologies
http://www.potentialtech.com


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Re: trouble brewing over the UNIX thing again...

2003-01-26 Thread Greg 'groggy' Lehey
On Sunday, 26 January 2003 at 11:47:15 -0500, Bill Moran wrote:
 Greg Lehey wrote:
 I don't expect anything to come of this.

 It's generating lots of FUD, which is unfortunate.

 That's probably their entire goal.  After all, what else could
 they hope to accomplish?

I don't know.  Maybe just draw attention to themselves?

I'm more inclined to think that these are different parts of the same
company who don't (didn't) know about the other part.

Greg
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Re: trouble brewing over the UNIX thing again...

2003-01-23 Thread Kris Kennaway
On Thu, Jan 23, 2003 at 08:45:04PM -0500, mikel king wrote:

McBride also confirmed that the company has hired high-profile
attorney David Boies and his legal firm to investigate whether
Windows, Mac OS X, Linux and versions of BSD infringed on the Unix
intellectual property it owned.

This was already resolved in the early 90s when USL sued BSDi over
encumbered UNIX code in BSD, and the case was settled.  You can read
more about this in the archives.

Furthermore, last year someone from SCO explicitly gave FreeBSD
permission to publish the older code anyway.

I don't expect anything to come of this.

Kris



msg16526/pgp0.pgp
Description: PGP signature


Re: trouble brewing over the UNIX thing again...

2003-01-23 Thread mikel king


Kris Kennaway wrote:


On Thu, Jan 23, 2003 at 08:45:04PM -0500, mikel king wrote:

 

  McBride also confirmed that the company has hired high-profile
  attorney David Boies and his legal firm to investigate whether
  Windows, Mac OS X, Linux and versions of BSD infringed on the Unix
  intellectual property it owned.
   


This was already resolved in the early 90s when USL sued BSDi over
encumbered UNIX code in BSD, and the case was settled.  You can read
more about this in the archives.


Yes I remember it well



Furthermore, last year someone from SCO explicitly gave FreeBSD
permission to publish the older code anyway.
 

I do vaguely recall something about this. Of course they neglected to 
state which flavour(s) are being alledged. Still one has to wonder why 
they cite BSD in their list of offendees...

I don't expect anything to come of this.

Kris
 

I suppose one could speculate that FreeBSD could even benefit from such 
actions. While Linux, MAC OSX, and whomever else these guy point the 
finger at are battleing it out in court; FreeBSD could quietly move ahead...

Still this all smells like an act of a desperate company, and wether 
FreeBSD has anything or not to worry about, I personally wouldn't want 
to see our developers having to waste time and resources in court 
dancing with lawyers et cettera...

--
Cheers,
Mikel King
Optimized Computer Solutions, INC
39 West Fourteenth Street
Second Floor
New York, NY 10011
http://www.ocsny.com

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Re: trouble brewing over the UNIX thing again...

2003-01-23 Thread John Martinez

On Thursday, January 23, 2003, at 08:34  PM, mikel king wrote:



I suppose one could speculate that FreeBSD could even benefit from 
such actions. While Linux, MAC OSX, and whomever else these guy point 
the finger at are battleing it out in court; FreeBSD could quietly 
move ahead...


I would guess that Mac OS X (Darwin) is covered by the same agreement 
as FreeBSD, since it's from the same 4.4BSD fork, with the Mach 3.0 
kernel thrown in.

-john


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