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Date:      Tue, 28 Nov 2006 14:15:16 -0500
From:      Mike Hauber <mchauber@gmx.net>
To:        jan.husar@skosi.org, "FreeBSD, Advocacy" <freebsd-advocacy@freebsd.org>
Subject:   Re: BSD folks position on GPL, Novell, IBM, SCO, and MS...
Message-ID:  <200611281415.17352.mchauber@gmx.net>
In-Reply-To: <541b7a870611280408m6d9d4c48oe8ee77c540716326@mail.gmail.com>
References:  <200611250942.38410.mchauber@gmx.net> <86vekzj151.fsf@dwp.des.no> <541b7a870611280408m6d9d4c48oe8ee77c540716326@mail.gmail.com>

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On Tuesday 28 November 2006 07:08, Jan Husar proclaimed:
> On 11/28/06, Dag-Erling Sm=C3=B8rgrav <des@des.no> wrote:
> > Mike Hauber <mchauber@gmx.net> writes:
> > > I was just wondering what the general consensus was on the GPL, Linux
> > > in general, SCOs lawsuit, Sun's open sourcing, IBMs contributions to
> > > Linux, Novell's contributions, Novell's deal with MS and how this
> > > really affects SuSe (there's a lot of hype on that and I literally
> > > don't know what to believe at this point).
> >
> > Why should we care?
> >
> > The SCO lawsuits are doubly irrelevant: firstly because SCO is not
> > going to win, secondly because BSD is immune by virtue of the 1994
> > settlement with USL.

I don't think the USL settlement matters to SCO.  After all, Linux is immun=
e=20
by virtue of the GPL (in addition to SCOs claims being fraudulent), but tha=
t=20
didn't stop SCO from making fools of themselves.  It's not Darl and company=
=20
specifically that I'm worried about.  It's other companies that can come=20
along and pull the same stunts.  How long would it take before prospective=
=20
customers get weary of the idea of open source as a whole if litigation=20
claims (fraudulent as they may be) continue?

> >
> > As for the Novell-MS deal, I don't see how it affects BSD at all.
>
> You are right, there is no direct affect on BSD however software
> patents is in issue no matter if it's GPL or BSD mostly in United
> States, in EU we are still fighting the patent problematics.
>
> Today is voting in ITRE (Information, Technology, Research and Energy)
> committee within European Parliament about IPRED (Intelectual Property
> Rights Enforcment Directive) which basicly means, criminalization of
> abusing of patents, trademarks and copyright (e.g. sentece to jail,
> freeze of accounts and so on)

This was pretty much my concern as far as OSS goes.  If SCO actually succee=
ded=20
with their claims (which I know they won't), or if other SCOs come along, I=
=20
don't think the only target would be the GPL.  I see patent issues becoming=
 a=20
real problem not just for the GPL side of things but the BSDs as well (my=20
stance, of course, is that it shouldn't because patents lately have been=20
blindly awarded and seemingly requested for the purpose of fraudulent=20
lawsuits).  If companies are scrambling for patents in order to bring=20
litigation or to protect themselves from litigation via counter-suits, I=20
doubt that when the fingers start pointing, the GPLd or BSDd code would be=
=20
excluded...  In fact, I tend to think they would be a preferred target just=
=20
because it's open source, and we are by far the biggest threat that=20
proprietary companies have.

I see this basically as a threat to everyone, not just the few it's startin=
g=20
out with.  That's why I asked, and I hadn't really heard much at all from t=
he=20
BSD side of the aisle.

What if Sun pulls a SCO with their Java?  If IBM pulls a SCO with their=20
contributions?  If Novell pulls a SCO with their contributions?  I would li=
ke=20
to think that their intentions are honest, but after SCO, and then MSs very=
=20
weird deal with Novell, who knows?  (and by the way, is IBM working with th=
e=20
BSD community as well?  I hadn't read anything on that, and would be=20
interested to know more if they are).

Although my preference is the BSD license, I'm very much a fan of OSS, whet=
her=20
it be licensed under the BSD or GPL, and I'm just concerned about whether o=
r=20
not this could escalate into a trend against OS code in general.

Appreciate your inputs.  Thanks,

Mike



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