||Monday, May 26, 2003
"By Jove, I Think I've Got It"
I've been trying to figure out why SCO won't show
the allegedly infringing code publicly. I think
I've got it.
explanation of how copyright infringement is
determined and what the penalties can be, it came
to me: if they plan on using copyright infringement
now that the case is in federal court, could their
ultimate dream be that IBM will be found to have
infringed (and if you can prove access, the bar
for proving substantial similarity is lower, and
IBM programmers likely started with prior access
to code, or they hope they did, although IBM erected
barriers once they commited to Linux work) and then
for a penalty, they ask the court to impound and
order destroyed all copies of the infringing materials,
meaning that everybody using Linux in business or
otherwise would have to remove the software and
turn in any disks and destroy RPMs and wait for
the community to write around the infringing code,
which could take weeks or months, depending on the
extent of it, and then install the new?
How much will a business want to use Linux after
that experience? Only the most committed will do
it, and onlookers thinking of switching won't.
By not showing the code now, they make it harder
to be ready for such a scenario.
Here is how the article describes the penalties:
"Finally, a plaintiff in an infrigement action may,
in addition to obtaining monetary damages for an
infringement, obtain temporary and final injunctive
relief to prevent or restrain infringement of a
copyright. Additionally, at any time during an infringement
action the plaintiff may seek to have the court
order the impounding of all infringing articles
claimed to have been made or used in violation of
the owners exclusive rights. Included in the articles
affected are all copies, or all other articles which
can reproduce the copies. As part of the final judgement
the court may order the infringing articles destroyed
or otherwise disposed of."
Of course, this could all be only in my head,
Despite SCO, UK Doctors
Choose IBM Linux over Windows Servers
The date on this story is today. The Royal College
of General Practitioners has chosen a Linux server
for it's bulk emailing to 6,000 doctors in the UK.
They decided not to use Windows any more after a
comparison showed Linux was faster and more secure:
"'We started off running a proof of concept of open
systems for Apache web hosting with government funding,'
Tony Betts, IT manager at the RCGP, told vnunet.com.
'Running Apache on Windows with IIS alongside showed
no improvement. When moved to Linux, the speed of
response improved and emails went a lot quicker.'
"Sending 6,000 copies of a bulletin, which typically
took days and tied up the server for the whole time,
now runs in 15 to 20 minutes, according to Betts.
Equally important, the RCGP was already concerned
with Microsoft security, having discovered that
a hacker in France was downloading data using FTP.
This led to a security review which found, for instance,
that Exchange was acting as a conduit for spam."
Ain't Nothing Like the Real Thing
Is MS planning a Brand-X sorta kinda Linux-y
feel? Accoding to InformationWeek.com, MS licensed
UNIX code from SCO because it is
planning future products to appeal to those
who like the way you can adminster your box in the
"So what exactly does Microsoft plan to do with
the Unix code it recently licensed? Microsoft already
uses some Unix code in its Services for Unix product,
which makes it possible to run Unix applications
on top of Windows by overlaying Windows with Unix
interfaces and protocols. Microsoft execs were unavailable
for comment, but an SCO spokesman says Microsoft
also plans to use unspecified patented technology
from SCO in future products.
"One possibility could involve giving Windows'
graphical administration tools more of the look
and feel of Unix, for those who want it. In an interview
earlier this year, Microsoft's director of Unix
solutions, Doug Miller, said his group would deliver
"several dozen" new Unix scripting commands sometime
this year. "One of the things we heard loud and
clear from Unix IT staff is, 'I'd like to be able
to administer my Windows system much in the same
way I do from Unix boxes,'" Miller said. ...Not
coincidentally, given the similarities between Unix
and Linux, Microsoft's Services for Unix is what
the vendor also sells customers who want Windows-to-Linux
They offered Shared Source to lean toward the openness
of GPL; now a Linux-y feature... what could they
be thinking of? ... um... destroy it by proxy and
then offer users Brand X?
||© Copyright 2003 PJ.
Last update: 6/20/03; 4:24:56 AM.