Con Zymaris conz at cyber.com.au
Wed May 26 09:16:01 UTC 2004

[feel free to disseminate this to other lists]     



OSIA, Australia's Open Source industry body, has prepared a position
paper which outlines our analysis of the current state of the SCO vs IBM
and related court cases. Our aim is to provide a concise overview for
Australian organisations who are either using or considering the
adoption of Linux. We also provide recommendations to these
organisations, in case they are approached by SCO.

In March 2003, Caldera Systems Inc., trading as The SCO Group, filed
suit against IBM in the Salt Lake County District Court, claiming
that IBM engaged in unfair competition with SCO by misusing and
misappropriating SCO's proprietary software and incorporating the same
software into open source software (specifically Linux). SCO also
alleged that IBM induced, encouraged and enabled others to commit the
same acts.

"The SCO suit has attracted considerable interest and media attention,
particularly from open source software advocates, and those considering
the adoption of open source software," stated OSIA spokesperson Con
Zymaris. "Open Source Industry Australia has produced this position
paper to help distill the current status of what is, to casual observers,
a complex case, often made murkier by SCO constantly changing its claims
and allegations."

Within the position paper, we demonstrate that:

1) SCO launched this lawsuit as a cynical share-price pump and dump

2) Unless proven, there is no infringing code in Linux.

3) SCO has dropped the key argument in its case against IBM.

4) SCO's claims that companies such as Computer Associates have bought
   its Linux Intellectual Property (IP) Licenses are false.

5) Linux does not infringe on any SCO IP with respect to Application
   Programming Interfaces (API).

6) Linux does not infringe on any SCO IP with respect to Application
   Binary Interfaces (ABI).

7) SCO's case will fail because it cannot prove it owns any Unix
   copyrights nor can it prove that any infringing Unix code is in Linux

8) The AutoZone and Daimler-Chrysler defendants were not sued for using

9) Microsoft is the only reason that SCO is still in business.

Open Source Industry Australia believes that Australian enterprises and
individuals using Linux should continue to do so, and that SCO's threats
are no barrier to the ongoing adoption of the operating system.

All of SCO's attempts to offer any proof of misappropriated source code,
which would lend some credence to their year-long claims, have been
proven false. SCO have dropped the 'trade secrets' aspect of their
court case against IBM , showing weakness in their previous arguments.
Finally, Novell has produced evidence which indicates that SCO doesn't
even own the intellectual property purportedly inserted into Linux. 

OSIA also suggest that any Australian organisation which is approached
by SCO, seeking money for the use of Linux, ask the following questions:

1) For what specific code am I being requested to pay a licence fee? 
   Please provide the file names and line numbers of the offending code.

2) Can you prove that you own this code?

3) Can you disprove Novell's claim of ownership?

4) Can you prove that you did not make this code available under the 
   terms of the GNU General Public Licence, which confers upon me the 
   right to run the code without restriction?

5) Why should I pay you anything before you have won your court case 
   against IBM?

The full position paper is available online here:


- - -

About Open Source Industry Australia

OSIA is the industry body for Open Source within Australia. We exist to
further the cause of Free and Open Source software (FOSS) in Australia
and to help our members to improve their business success in this
growing sector of the global Information and Communication Technology
(ICT) market.


Spokesperson/Contact: Con Zymaris
Phone: 03 9621 2377
Fax: 03 9621 2477
Email: conz at cyber.com.au


Con Zymaris <conz at cyber.com.au> Level 4, 10 Queen St, Melbourne, Australia 
Cybersource: Australia's Leading Linux and Open Source Solutions Company 
Web: http://www.cyber.com.au/  Phone: 03 9621 2377   Fax: 03 9621 2477

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