[Linux-aus] Re: SCO Linux kernel still being distributed

[Con Zymaris <conz@cyber.com.au>]

On Sun, Jul 27, 2003 at 11:00:03AM +0930, Greg 'groggy' Lehey wrote:
> >
> > I would suggest that AUUG and LA prep a media release alerting the local
> > media that SCO have been telling porkies.
> 
> No, what they're doing is being inconsistent.  I'm sure it wasn't
> intentional.  If we say anything, they'll just remove it from the ftp
> site.
> 
> > Not only did SCO not stop distributing the complete Linux kernel
> > when they say they did, they continue to distribute it now, under a
> > regime indicatating the GPL as the only licence applicable to the
> > RPM package contents.
> 
> This is passive distribution.

Why the differentiation? 

If they do remove the source package, are we are able to raise that as a 
GPL violation to any effect?

> 
> I think there are better things to focus on in this issue.  For
> example, the implications of their statement last week.  I have also
> spoken to the ACCC and put in a (personal) complaint.  It might help
> if a lot of people call the ACCC
> (http://www.accc.gov.au/about/contact1.htm#complaints, phone number
> 1300 302 502) and also complain, in particular about causing FUD,
> which they're doing already.
> 
> The trouble is that they don't yet appear to be doing anything
> illegal.  They haven't made any statement at all in Australia.  Even

concurr.

> if they were to demand license fees, it would only be illegal if it
> could be shown that they did not, indeed, own Linux.  We know that
> they don't, but the courts don't.
> 
> I'm sure there's something to be done here.  The trouble is that the

I see this as a battle on two fronts. One, as you correctly allude to 
above, is the real battle that may happen in the courts. However, there is 
another, more pertinent and perhaps even more important battle; the 
battle of perception. There's a lot that can be done to deflate the SCO 
balloon, without resporting to the complete undertanding of the Trade 
Practices Act. I will leave the real battle to those far more able 
to conduct such campaigns than I, and I'll focus on ensuring the public 
knows that SCO is performing possibly suspect acts, and that it does not, 
and should not, expect to succeed in its aims.

-- 
_____________________________________________________________________________
Con Zymaris <conz@cyber.com.au> Level 4, 10 Queen St, Melbourne 03 9621 2377 
Cybersource: Unix/Linux, TCP/IP and Web App. Development  www.cyber.com.au