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Red Hat Sues SCO, Sets Up Legal Fund

simoniker posted more than 10 years ago | from the the-saga-continues dept.

Linux Business 787

An anonymous reader writes "Red Hat has released a PR Newswire article stating that it intends to sue SCO Group to prove that it doesn't infringe any of SCO's intellectual property regarding the Red Hat Linux platform, and to hold it accountable for its actions and smear campaign. They've also announced the creation of a legal fund, to which they've pledged $1M US dollars to fight complaints such as these, called the 'Open Source Now' fund."

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787 comments

deep thoughts from dinner (0, Funny)

Anonymous Coward | more than 10 years ago | (#6608438)

[03:35] squeeze my tail and my penis pops out.

Is Red Hat big enough to fight? (5, Interesting)

mao che minh (611166) | more than 10 years ago | (#6608440)

Awesome. Maybe after the trial Red Hat and SCO can rub both of their one-dollar bills together and split on a Big Mac.

I'm sorry, but IBM (the company that has made billions in revenue off GNU/Linux) should be floating the bill. Red Hat is too poor to be getting into a legal slug fest with a company that has literally transformed themselves into a litigation firm. IBM has the money to fight, while Red Hat might end up getting dragged through the proverbial legal-mud, and never really get anywhere.

What might serve Red Hat better is to send their customers information regarding how absurd SCOs claims are, complete with the opinions of legal experts on the matter, like the OSDLs terrific "position paper" [slashdot.org]. The people, especially those in the corporate world, have to be clearly shown how absurd and evil SCOs actions have been. Litigation by a small company is going to be long, expensive, and perhaps in the end fruitless.

Regarding the OSDL's paper, I personally like the analogy made concerning publishing houses:

Imagine the literary equivalent of SCO's current bluster:
Publishing house A alleges that the bestselling novel by Author X topping the charts from Publisher B plagiarizes its own more obscure novel by Author Y. "But," the chairman of Publisher A announces at a news conference, "we're not suing Author X or Publisher B; we're only suing all the people who bought X's book. They have to pay us for a license to read the book immediately, or we'll come after them." That doesn't happen, because that's not the law.

Re:Is Red Hat big enough to fight? (4, Insightful)

SpaceLifeForm (228190) | more than 10 years ago | (#6608498)

While I agree that it should be IBM doing this, it actually may be better in the long run that it is *not* IBM as it keeps the legal arguments cleaner this way.

Re:Is Red Hat big enough to fight? (5, Interesting)

cshark (673578) | more than 10 years ago | (#6608582)

Here's an interesting thought:

If SCO is being "guided" by Microsoft, perhaps Red Hat is being "guided" by IBM. It would be essentially the same tactic, and would ultimately fit IBM's interests, and those of the open source community.

Something like this really puts the burden of proof on SCO, and decide the validity of an IP suit once and for all. I applaud it, whoever is pulling the strings...

Re:Is Red Hat big enough to fight? (5, Interesting)

Amiga Trombone (592952) | more than 10 years ago | (#6608519)

I'm sorry, but IBM (the company that has made billions in revenue off GNU/Linux) should be floating the bill. Red Hat is too poor to be getting into a legal slug fest with a company that has literally transformed themselves into a litigation firm. IBM has the money to fight, while Red Hat might end up getting dragged through the proverbial legal-mud, and never really get anywhere.

Red Hat is a preferred Linux provider to IBM, in fact they support all of 4 of IBM's platforms. They have a pretty tight partnership.

What's good for IBM's bottom line is good for Red Hat's bottom line. Ultimately, IBM will be footing the bill. One way or the other.

Re:Is Red Hat big enough to fight? (3, Informative)

Black Parrot (19622) | more than 10 years ago | (#6608538)


> I'm sorry, but IBM (the company that has made billions in revenue off GNU/Linux) should be floating the bill.

I agree to an extent, but from another POV it's Red Hat rather than IBM that has most to lose. A goofball ruling might have IBM handing over a few Bills, but Red Hat would go out of business altogether.

Re:Is Red Hat big enough to fight? (1, Redundant)

eric76 (679787) | more than 10 years ago | (#6608543)

All we know is they filed a complaint with the U.S. District Court in Delaware.

What we don't know is the nature of the complaint.

Indeed (4, Insightful)

Faust7 (314817) | more than 10 years ago | (#6608551)

The people, especially those in the corporate world, have to be clearly shown how absurd and evil SCOs actions have been.

I almost think that not enough emphasis is being placed on this point. SCO should have notified of their intent to sue way, way, beforehand. What they did instead was basically say "Here's your month, and tell us how you're using Linux in each and every aspect of your company, and also pay us these fines." Sorry, can't do that. From a court's perspective, their claim of plagiarism may or may not be valid -- their method for going about this is definitely invalid.

Re:Is Red Hat big enough to fight? (2, Insightful)

jdh-22 (636684) | more than 10 years ago | (#6608555)

I'm sorry, but IBM (the company that has made billions in revenue off GNU/Linux) should be floating the bill.

Yeah, they shouldn't have to pay it, but remember they are also threatened by SCO, we all are. IBM might not have trouble staying afloat if SCO wins, but what about the other smaller companies like Redhat?

I think they are playing things smart, by not only protecting their company but saving them money too!

Sure they are (5, Informative)

missing000 (602285) | more than 10 years ago | (#6608575)

Yahoo Finance reports that Red Hat [yahoo.com] has a market cap of 1.159 Billion, while SCO [yahoo.com] only has a 151.9 Million market cap.

While market capitalization does not tell the whole story, it does show that Red Hat is a much more financially powerful company.

With that and the fact that they almost certainly have a rock solid case, the fact is they should sue the shit out of SCO.

Re:Is Red Hat big enough to fight? (2, Insightful)

BigPenguin (529751) | more than 10 years ago | (#6608647)

I'm sorry, but IBM (the company that has made billions in revenue off GNU/Linux) should be floating the bill.

You have to remember that IBM is a huge corporation and as such moves very slowly. Besides the fact that IBM already has legal action filed against it from the SCO Group. RedHat isn't already in litigation with SCO (despite the threats) and is in a better position to spearhead a suit for linux. They even did it in a way that, I hope, IBM would spend some of their billions to contribute to this fund.
--Thank You RedHat!

Re:Is Red Hat big enough to fight? (-1, Flamebait)

Anonymous Coward | more than 10 years ago | (#6608653)

>I'm sorry, but IBM (the company that has made billions in revenue off
>GNU/Linux) should be floating the bill.
>
>
Take a Hike, SCO Astroturfer. Of course idoits like you don't want to see outfits like RedHat take legal actions against SCO because it'll lead to a flood of suits against SCO and it's management which you are no doubt part of or associated with. You idiots at SCO never realized that when you run around threatening to sue everyone in sight, people are going to turn around and sue the *HELL OUT OF YOU*. Expect more lawsuits aimed at SCO from now on. You people deserve every last one of them.

What do you mean "transformed"? (0)

Anonymous Coward | more than 10 years ago | (#6608667)

Red Hat is too poor to be getting into a legal slug fest with a company that has literally transformed themselves into a litigation firm.

When, exactly was Caldera (now renamed SCO) NOT a litigation firm?

Not surprised (1, Funny)

Anonymous Coward | more than 10 years ago | (#6608452)

To see SCO and sue in the same headline.

Re:Not surprised (1, Funny)

Anonymous Coward | more than 10 years ago | (#6608511)

Yeah, what does SCO stand for, "Sue Companies.." um, damn I'm out of letters

Re:Not surprised (0)

Anonymous Coward | more than 10 years ago | (#6608649)

Sue Companies Often

Re:Not surprised (4, Funny)

JourneymanMereel (191114) | more than 10 years ago | (#6608643)

I'll admit to not being suprised by the existance of the two words in the same headline... it's the ordering that caught me off gaurd.

Mirror (1, Informative)

Anonymous Coward | more than 10 years ago | (#6608455)

In case the site (or routes to the site) get slashdotted. Here [martin-studio.com] is a mirror.

Forced to be gay (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#6608456)

I've got to tell you what happened, I got to. First I'm John and my
friend here is Mark. We're gay, I guess. We were straight once. We
both had the best girlfriends in town. They were beautiful and
willing and Mark and I were always horny. It all started one night,
we were on a double date, Patty said that she and Debbie wanted to
see Mark and I suck each other off. We, of course, said no, but how
can you say no to Patty. So we did! It wasn't to bad.

I enjoyed it and so did Mark. At 18 it was something new. The girls
liked to watch. Well, that was the first time, after that the girls
had us suck each other maybe once a week. I guess they could tell we
liked it too. Then came the night about three months ago, they wanted
some thing more. They wanted us to fuck each other!! Honest!! They
said if we wouldn't do it, they would drop us and tell everybody in
town we were faggots. What could we do! Mark bent over and I put my
hard cock up his ass. He was tighter than Patty! Wow! I exploded!
Then it is my turn. It hurt at first but afterward, I guess i liked
it. I know Mark did.

After that night, we saw less of the girls. Mark and I spent more
time together. Ok, we fucked and sucked a lot! I guess we "turned"
gay! About a month later, the girls invited us for dinner, for old
times sake. The dinner went well. After dinner, both Mark and I got
very tired.

When we woke up we were tied naked side by side and gagged to boot.
Standing over us, were Patty and Debbie. Both had a sharp knifes in
their hands. They proceded to shave us bare. Then they gave us a shot
of something that put us out! What were they going to do do us! The
next thing we knew we were in the hospital. I woke up and saw Mark in
the next bed. He told me to look under the sheets. I did. I saw
nothing! The girls did it, took our manhood. My groin was totally
bare! All gone! I screamed!

A few days after getting back home, two packages came in the mail.
One to Mark and one to me. We opened them and saw encased in lucite
our cock and balls with a note which said. Well boys, hope you'll
like your surprise! We know from now on you won't be fuck each other,
or anyone else! Patty and Debbie

Re:Forced to be gay (-1, Flamebait)

Anonymous Coward | more than 10 years ago | (#6608490)

Mark and John work for SCO, right ?

Excellent (2, Insightful)

CausticWindow (632215) | more than 10 years ago | (#6608462)

Great news that industry leading Open Source companies like Red Hat take action against SCO's asinine campaign.

Of course it's in Red Hat's business interest do something like this, but it's still a step in the right direction.

Re:Excellent (1)

saskwach (589702) | more than 10 years ago | (#6608499)

but? Of course it's in RH's business interest to do this. This fund is Red Hat's response to the new MS licenses that promise to take care of legal bills. I've been waiting for something like this and I'm glad RH took the initiative.

Re:Excellent (1)

lpret (570480) | more than 10 years ago | (#6608669)

You know, some people get on Red Hat's case because they're this "big" corporate giant and they are "poised to be the next Microsoft" and blah blah blah. But look who's the superhero now...

Question for lawyers... (5, Insightful)

bloggins02 (468782) | more than 10 years ago | (#6608465)

Does this help RedHat's customers? I mean, SCO can't really do anything to RedHat's customers while they are involved in a lawsuit with RedHat themselves?

Or can they? I honestly don't know...

Re:Question for lawyers... (1, Interesting)

finkployd (12902) | more than 10 years ago | (#6608493)

SCO can't really do anything to ANYONE's customers except their own. I didn't see anyone in trouble for running AIX or sued yet for running Linux without a SCO license.

Finkployd

Re:Question for lawyers... (1)

TopShelf (92521) | more than 10 years ago | (#6608586)

While SCO has talked about such suits as a possibility, you'd have to think that the IBM case would need to be resolved first, so basically this is a non-issue at the user end for at least a year or more.

I knew I should have gone to law school. Seems like the only guys making money off the software biz these days are the lawyers! SCO vs. IBM, Oracle vs. Peoplesoft, etc.

Re:Question for lawyers... (1)

sabat (23293) | more than 10 years ago | (#6608628)


SCO can't really do anything to ANYONE's customers except their own.

That's untrue. SCO can sue anyone, particularly if they have legit claims to "intellectual property" being distributed without their permission.

Of course, they do not have legit claims. But they certainly can sue anyone, not just their own customers.

Re:Question for lawyers... (4, Insightful)

Pieroxy (222434) | more than 10 years ago | (#6608516)

The FUD can do a lot and convince customers to stay away from Linux (and therefore, RH). They are suing SCO to prove that they cannot sue their customers, and then to get big bucks from SCO on all the customers they have potentially lost because of the FUD.

Since SCO claims that Linux stole them $1b, I guess RH can sue SCO for $1b too, it seems just fair.

I've got an idea.... (5, Funny)

Anonymous Coward | more than 10 years ago | (#6608630)

For a SWEET Publicity idea for SCO.

They and Metallica should get together an throw a "free benefit concert" for promoting "fair protections for intellectual property." They could send out mailers to their dwindelling fanbase, and invite critics to come too. And then just when the show is about to start Darl McBride and Lars could get in their matching gold plated limos and start running over the assembled crowd.

Re:Question for lawyers... (0)

Anonymous Coward | more than 10 years ago | (#6608561)

Sure they can. They can file a cross complaint. Or a separate complaint. And Red Hat, of course, can follow suit (pun intended).

Red Hat will learn it, and so will you... (-1, Flamebait)

Anonymous Coward | more than 10 years ago | (#6608470)

SCO OWNS LINUX!

Re:Red Hat will learn it, and so will you... (0)

Anonymous Coward | more than 10 years ago | (#6608608)

Look Ma, we finally found an idiot that believes that sco nonsense!

Surprise! (0, Redundant)

dacarr (562277) | more than 10 years ago | (#6608472)

I didn't expect Red Hat to do this - was more expecting IBM to go at them with at 20MT nuke or something. Nonetheless, good show!

in subsequent news, (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#6608478)

Red Hat loses,

M$ buys redhat.

Linux geeks moan.

M$ doesnt care a ****.

I like pie.

It was only a matter of time... (2, Redundant)

blitzoid (618964) | more than 10 years ago | (#6608480)

I love linux. I use it on my desktop. I use it on servers. I use it everywhere. And the stuff that SCO is claiming is simply mud slinging. I think it's safe to say that the very fact that they refuse to show their proof shows us that their claims are feeble at best.

In any case, it was only a matter of time before companies like Red Hat started to act against SCO, not relying on IBM to do all the work. I wouldn't be suprised of SuSE and other major Linux companies started their own lawsuits.

Good. (1)

KillerHamster (645942) | more than 10 years ago | (#6608481)

I'm glad someone is standing up to these idiots. Now if the rest of the Linux community works together to defend itself, we can bring this mess to an end. By the way, SCO's stock price is down quite a bit [yahoo.com]. Hooray! Hit 'em where it hurts!

Re:Good. (0)

Anonymous Coward | more than 10 years ago | (#6608564)

Shouldn't the shorters kick in on the fall and help it along, or?

--
Keep reloading [sec.gov] and see the scumbags sell.

Re:Good. (0)

Anonymous Coward | more than 10 years ago | (#6608583)

Time to buy RedHat products!

Re:Good. (0)

Anonymous Coward | more than 10 years ago | (#6608611)

All I can say is it's about time - the F.U.D. that SCO has been spreading I think has hurt Linux - I think RedHat is on the mark with this lawsuit - They need to protect their financial interests and this goes a long way to show the Linux community that they aren't going to continue to put up with those money grubbing Neanderthal's in Utah.

SCO stock (SCOX) down 15% on the news (4, Informative)

Papineau (527159) | more than 10 years ago | (#6608482)

As seen on Yahoo Finance [yahoo.com]. Time to buy? :)

Re:SCO stock (SCOX) down 15% on the news (5, Funny)

killmenow (184444) | more than 10 years ago | (#6608605)

Buy a lotto ticket. Your odds of making money are better that way.

Re:SCO stock (SCOX) down 15% on the news (5, Interesting)

dmaxwell (43234) | more than 10 years ago | (#6608641)

As seen on Yahoo Finance. Time to buy? :)

I know you're joking but from a strictly speculator point of view, it might not be a bad idea. I've been watching the SCOX price for a few months and have noticed a tendency of SCO's PR. Whenever the price drops or plateau's, you can count on yet another outrageous PR release from SCO to pump it back up. Before the week is out, expect SCO to make some sort of apocalyptic statement in regard to RedHat.

Sing Along! (2, Funny)

Dark Paladin (116525) | more than 10 years ago | (#6608488)

(Set to the tune of Starblazers)

We're off - to see the courts,
We're leaving sense behind,
To save, the G-N-U....
Our law blazers!

Subpeona fly like distant stars,
We will litigate way far,
Showing code that should be ours
Who knows what IP we'll find?

We must - be strong and brave!
RMS - our souls will save!
If we don't - in a few years -
Linux servers, will dissappear!

Our law blazers!

Or - ah, something like that. If nothing else, we can hope for Space Cruiser Yamato to open up the Wave Gun on SCO headquarters. I would pay money so see that.

New Kernel Module (1)

EvilTwinSkippy (112490) | more than 10 years ago | (#6608619)

I was wondering whay I saw YAMOTO_CANNON in the new 2.6 kernel. Right below the REFLEX_CANNON and DEATH_BLOSSOM, under "Room Clearing Weapons."

Do they still have those USB triggers on ThinkGeek?

Re:Sing Along! (1)

Dragonmaster Lou (34532) | more than 10 years ago | (#6608623)

As a long time Starblazers fan, this cracked me up.

Oh, and I'd pay money to see the Wave Motion Gun opened up on SCO HQ myself. Hell, I'll bring the popcorn and drinks. Let's make a party out of it. :)

Re:Sing Along! (1)

tekrat (242117) | more than 10 years ago | (#6608673)

OMG. You've brought a tear to my eye. That was funny and nostalgic at the same time. I salute you, true memeber of the Star Force!

Heh.. (3, Interesting)

Schezar (249629) | more than 10 years ago | (#6608496)

I would wager RedHat could claim damages to their business reputation for all that SCO has claimed. SCO is trying to scare people away from Linux (and into their license-fee income stream), but if they lose the IBM suit, their statements could be considered libel/slander.

Also, I take this as a good sign that SCO has no chance to survive. The RedHat folk aren't stupid: they wouldn't enter this fray unless they were reasonably sure of success.

RPM does more damage to RedHat (0, Offtopic)

Burz (138833) | more than 10 years ago | (#6608657)

...than SCO will ever manage.

(Sorry, just had... to... say... it... APT...)

Went out and bought Redhat + sent in $10 (5, Interesting)

kenp2002 (545495) | more than 10 years ago | (#6608497)

Went out and bought anoter copy of Red Hat at lunch and mail Red Hat $10 for the legal fund. If only 5% of slashdot readers followed suit :)

Re:Went out and bought Redhat + sent in $10 (2, Interesting)

drachenfyre (550754) | more than 10 years ago | (#6608560)

I've got 5 red hat network subscriptions for the computers here at work. I'll be buying my one for the home machine tonight. Seriously, if there was a worth cause this is it. Its good to see someone is standing up to the FUD that SCO has been spewing out of Utah (I figured the mormons would have kicked SCO out by now). I am very surprised it was Red Hat going solo and not with IBM, but I'm sure IBM won't be far behind. Plus Red Hat has more to loose in this then IBM. If IBM looses this suit they buy SCO, but who knows what IBM would do to all the other non-AIX *nixes out there. I know they've been linux friendly in the past, but Big Blue also won't hesitate to make a buck where a buck can be made.

Re:Went out and bought Redhat + sent in $10 (2, Interesting)

Knife_Edge (582068) | more than 10 years ago | (#6608606)

Well, since all this only seems to affect only the people and companies who have commercial interests in Linux, I say let them foot the bill.

How about the others... (1)

zagy (565897) | more than 10 years ago | (#6608505)

I hope other distributors and solution providers will join Red Hat in their case.

Buy RedHat Stock! (2, Interesting)

Anonymous Coward | more than 10 years ago | (#6608509)

This lawsuit against SCO is just. When RedHat wins, it will significantly add to the company's bottom line.

Buy RedHat stock now before it goes up even further -- just my opinion.

Stock (1)

UTaimSRC (689392) | more than 10 years ago | (#6608514)

SCOX stock is down 12% as of right now... I think we need to short it and then reinvest it into Open Source Now. Now thats a business plan!

Re:Stock (0)

Anonymous Coward | more than 10 years ago | (#6608567)

SCOX stock is down 12%

I knew SCO stood for "Sucks COX."

90 million? (5, Informative)

rawshark (603493) | more than 10 years ago | (#6608515)

Red Hat has 90 million in cash and short terms, hardly "poor".

http://biz.yahoo.com/fin/l/r/rhat_qb.html

Yeah! (1)

anagama (611277) | more than 10 years ago | (#6608521)

I say great! Now where can I go to donate $30 to the fund? Not much but better than complaining. Hmmm ... perhaps I'll RTFA.

Re:Yeah! (0)

Anonymous Coward | more than 10 years ago | (#6608572)

I think we need a donation drive. I know I'd donate $50 or so to a worthy cause.

Re:Yeah! (0)

Anonymous Coward | more than 10 years ago | (#6608600)

the fund is easy. Just paypal it to my address and I'll forward it on to RedHat. After a small administration fee of 1% (give or take 99%.)

Re:Yeah! (1)

killmenow (184444) | more than 10 years ago | (#6608661)

Even better: just e-mail me your credit card number and expiration date...and I'll take care of it for you.

Hopefully More companies/people will sue them (0)

Anonymous Coward | more than 10 years ago | (#6608524)

Have you been hurt by SCO?
Sue them.
The more suits the better.

i can't help myself ... must post as AC (-1, Troll)

Anonymous Coward | more than 10 years ago | (#6608528)

Fuckin' A Right.

We're not scared of you SCO. We will use your entrails as fashion accessories at your funeral.

Put up or shut up (3, Funny)

EvilTwinSkippy (112490) | more than 10 years ago | (#6608533)

I think it's about time someone in the states threw their hat into the ring. (So to speak.) Given how SCO was handed it's hat by the German legal system in the LinuxTag suit, I think RedHat may have a good case.

But just keep that one under your hat.

Copyright matters (-1)

Anonymous Coward | more than 10 years ago | (#6608535)

Copyright matters. There is no free lunch. Linux users are taking on the copyright and intellectual property risk in exchange for lower cost. You may think that is worth it, but the second SCO comes at the end users, that risk will become more real.

RTFA (1)

Zapdos (70654) | more than 10 years ago | (#6608537)

Red Hat has filed a formal complaint. This is a good thing. SCO will have to put out or shut up.

precedence (1)

porkface (562081) | more than 10 years ago | (#6608539)

Can anyone think of any historical examples of a firm turning into a pure litigation house and actually succeeding on behalf of their shareholders?

How do GPL and patents get along? (1, Insightful)

Vip (11172) | more than 10 years ago | (#6608544)

Intertrust is laying claims to patents over DRM. What happens when you get GPL'd code for DRM? Perhaps
not DRM globally, but for inter-company or inter-network communications? Then along comes Intertrust and sues you for breaching their patents? Sues who, exactly? Linux community? RedHat? IBM?

Here, check out these patents at http://www.uspto.gov
6,601,236 Cross platform program installation on drives
using drive object - IBM
6,601,059 Computerized searching tool with spell checking
- Microsoft
6,594,644 Electronic gift certificate system - Amazon
6,590,593 Method and apparatus for handling dismissed dialogue boxes
- Microsoft

There's 4 found in a couple of minutes. All were awarded in July. Show me the innovation in those, or something that isn't common sense, perhaps even being done many years ago? E-gift-certificates?? Seems like all they did was describe a gift cert, and then slap email on it. Amazon also has one-click shopping.

And finally, here's a great kicker. All they did was take something that commonly happens via hardwire network, change the hardwire to wireless, and then patented it.

6,601,040 Electronic commerce terminal for wirelessly communicating to a plurality of communication devices
- USA Technologies, Inc. (Wayne, PA)

How do those even qualify for patents?

And again, what if those are done in open source, whether BSD, GPL, or any other? You immediately step on someone else's patents, and then they lay claim to Linux and all of this SCO stuff starts all over again?

I'm just wondering what the plan is. RedHat's $1million is for open source based companies to "steal" patents?

And I definitely take offense when someone uses these idiotic patents to file suit against someone else,
whether it's IBM, MS, or anyone else.

Vip

Re:How do GPL and patents get along? (1)

WTFmonkey (652603) | more than 10 years ago | (#6608629)

Want to hear a great example of how back-asswards the whole system has become?

The guy who invented the electric guitar was denied a patent because it was basically just a telephone in a guitar. Now *that* is protecting intellectual property. Exact opposite of your "USA Technologires" example, and the way the system was meant to be used.

Hey, (1)

frodo from middle ea (602941) | more than 10 years ago | (#6608546)

I am all for Open Source and Linux, infact i use them myself.
But if you think i am going to speand my hard earned money financing some fund for a legal battle, then you've got another thing comming.
I support linux by donating money to EEF, buying linux distros etc, but helping one corporate entity fight it out with another one, give me a break.

Red Hat even though I stopped using you since 8.0, You have my very best wishes and symphaties, but that's all.

Article text (4, Informative)

Kevin DeGraaf (220791) | more than 10 years ago | (#6608563)

Red Hat Takes Aim at Infringement Claims
Complaint launched against SCO claims, Red Hat pledges $1MM to create fund to protect Linux

SAN FRANCISCO--August 4, 2003--Red Hat, Inc. (Nasdaq:RHAT) today made two significant announcements to protect Red Hat Linux customers and the worldwide Linux industry. First, Red Hat announced that it filed a formal complaint against The SCO Group, Inc. (Nasdaq: SCOX, "SCO"). The purpose of this complaint is to demonstrate that Red Hat's technologies do not infringe any intellectual property of SCO and to hold SCO accountable for its unfair and deceptive actions.

"We filed this complaint to stop SCO from making unsubstantiated and untrue public statements attacking Red Hat Linux and the integrity of the Open Source software development process," said Mark Webbink, General Counsel at Red Hat. "Red Hat is confident that its current and future customers will continue to realize the significant value that our Red Hat Linux platform provides without interruption."

To further protect the integrity of Open Source software and the Open Source community, Red Hat has established the Open Source Now Fund. The purpose of the fund will be to cover legal expenses associated with infringement claims brought against companies developing software under the GPL license and non-profit organizations supporting the efforts of companies developing software under a GPL license. Red Hat has pledged one million dollars to be provided as funding in this initiative. For more information please e-mail opensourcenow@redhat.com.

"The collaborative process of Open Source software development which created the Linux operating system has been unjustly questioned and threatened," said Matthew Szulik, Chairman and CEO of Red Hat. "In its role as industry leader, Red Hat has a responsibility to ensure the legal rights of users are protected."

About Red Hat, Inc.
Red Hat is the world's premier open source and Linux provider. Red Hat is headquartered in Raleigh, N.C. and has offices worldwide. Its European headquarters is based in Surrey, UK, with offices throughout Europe. Please visit Red Hat on the Web at www.redhat.com.

Forward-Looking Statements
Forward-looking statements in this press release are made pursuant to the safe harbor provisions of Section 21E ofRed Hat Takes Aim at Infringement Claims
Complaint launched against SCO claims, Red Hat pledges $1MM to create fund to protect Linux

SAN FRANCISCO--August 4, 2003--Red Hat, Inc. (Nasdaq:RHAT) today made two significant announcements to protect Red Hat Linux customers and the worldwide Linux industry. First, Red Hat announced that it filed a formal complaint against The SCO Group, Inc. (Nasdaq: SCOX, "SCO"). The purpose of this complaint is to demonstrate that Red Hat's technologies do not infringe any intellectual property of SCO and to hold SCO accountable for its unfair and deceptive actions.

"We filed this complaint to stop SCO from making unsubstantiated and untrue public statements attacking Red Hat Linux and the integrity of the Open Source software development process," said Mark Webbink, General Counsel at Red Hat. "Red Hat is confident that its current and future customers will continue to realize the significant value that our Red Hat Linux platform provides without interruption."

To further protect the integrity of Open Source software and the Open Source community, Red Hat has established the Open Source Now Fund. The purpose of the fund will be to cover legal expenses associated with infringement claims brought against companies developing software under the GPL license and non-profit organizations supporting the efforts of companies developing software under a GPL license. Red Hat has pledged one million dollars to be provided as funding in this initiative. For more information please e-mail opensourcenow@redhat.com.

"The collaborative process of Open Source software development which created the Linux operating system has been unjustly questioned and threatened," said Matthew Szulik, Chairman and CEO of Red Hat. "In its role as industry leader, Red Hat has a responsibility to ensure the legal rights of users are protected."

About Red Hat, Inc.
Red Hat is the world's premier open source and Linux provider. Red Hat is headquartered in Raleigh, N.C. and has offices worldwide. Its European headquarters is based in Surrey, UK, with offices throughout Europe. Please visit Red Hat on the Web at www.redhat.com.

Forward-Looking Statements
Forward-looking statements in this press release are made pursuant to the safe harbor provisions of Section 21E of the Securities Exchange Act of 1934. Investors are cautioned that statements in this press release that are not strictly historical statements, including, without limitation, management's plans and objectives for future operations, and management's assessment of market factors, constitute forward-looking statements which involve risks and uncertainties. These risks and uncertainties include, without limitation, reliance upon strategic relationships, management of growth, the possibility of undetected software errors, the risks of economic downturns generally, and in Red Hat's industry specifically, the risks associated with competition and competitive pricing pressures, the viability of the Internet, and other risks detailed in Red Hat's filings with the Securities and Exchange Commission, copies of which may be accessed through the SEC's Web site at http://www.sec.gov.

LINUX is a trademark of Linus Torvalds. RED HAT is a registered trademark of Red Hat, Inc. All other names and trademarks are the property of their respective owners.

the Securities Exchange Act of 1934. Investors are cautioned that statements in this press release that are not strictly historical statements, including, without limitation, management's plans and objectives for future operations, and management's assessment of market factors, constitute forward-looking statements which involve risks and uncertainties. These risks and uncertainties include, without limitation, reliance upon strategic relationships, management of growth, the possibility of undetected software errors, the risks of economic downturns generally, and in Red Hat's industry specifically, the risks associated with competition and competitive pricing pressures, the viability of the Internet, and other risks detailed in Red Hat's filings with the Securities and Exchange Commission, copies of which may be accessed through the SEC's Web site at http://www.sec.gov.

LINUX is a trademark of Linus Torvalds. RED HAT is a registered trademark of Red Hat, Inc. All other names and trademarks are the property of their respective owners.

OSNF Non-profit 501(c)(3) corporation? (5, Interesting)

David Hume (200499) | more than 10 years ago | (#6608573)


They've also announced the creation of a legal fund, to which they've pledged $1M US dollars to fight complaints such as these, called the 'Open Source Now' fund."


If wonder whether the OSNF (Open Source Now Fund) is a non-profit 501(c)(3) corporation? Should it be? If so, should Red Hat's contributions to it be tax deductible? While others will benefit from the fund, so of course will Red Hat.

Also, who will be administering the OSNF? Will they work for or be connected to Red Hat? Who will make the decisions regarding the disbursement of funds, etc.?

It's not open source... (0)

Anonymous Coward | more than 10 years ago | (#6608593)

It's GPL: stop spreading FUD.

It's a "put up or shutup" Suit (5, Informative)

Tsu Dho Nimh (663417) | more than 10 years ago | (#6608596)

Red Hat filed the complaint in the U.S. District Court of Delaware. The seven-count suit seeks, among other things, a declaratory judgment that Red Hat has not violated SCO's copyrights or trade secrets, Red Hat CEO Matthew Szulik said at a news conference here on Monday.

This is a SEPARATE issue from the "Open Source Now Fund". I havne't found a copy of the filing, but making unsubstantiated and untrue public statements about your competitors is a serious buiness law violation.

Babylon 5 -- SCO analogy? (4, Funny)

tekrat (242117) | more than 10 years ago | (#6608599)

Does anybody else see this coming? Just as MS is secretly behind SCO, it's going to become clear that IBM is behind Red Hat. So, if I might make the Babylon 5 analogy...

The Shadows are Microsoft and IBM are the Vorlons, while the Centauri are SCO and the Alliance is Red Hat...

Each "First One" is trying to win their side of the war using the smaller races as the pawns in their larger game.

Don't fall for it Red Hat, you're just doing what they want you to do! You got to choose to stand on your own and kick MS and IBM directly.

Although, wouldn't it be great if the CEO of Red Hat shows up with a space ship and a 50megaton Nuke to blow a hole in Z'hadum (Redmond WA.)...

They're on the run (0, Troll)

Rock Ridge (677665) | more than 10 years ago | (#6608602)

This is proof that GPL warez are in trouble.

If they wanted to help their customers, they could indemnify them agaist IP claims. Wouldn't that be putting their money where their mouth is?

A million dollar legal fund for GPL open source developers? They wouldn't create that fund if there
weren't a serious possibility of suits happening. Would anyone want to work on GPL stuff with that possibility looming? What if the million dollars is exhausted before someone's suit goes to trial?

Guerilla marketing and pre-emptive strike, WOW! (1)

macrostiff (640587) | more than 10 years ago | (#6608604)

A million bucks won't buy much advertising, but a suit will buy a lot of publicity.

Young quick guys, stiking first, can keep the old slow guys very busy...

When has the game you've been watching EVER turned out to be the game they were playing in the biz arena?

W.G.

Models file class action suit! (5, Funny)

Otter (3800) | more than 10 years ago | (#6608609)

In the sidebar [yahoo.com]:
U.S. authorities are looking into charges that top modeling agencies have conspired to cheat their clients by charging inflated commissions and expenses, sources close to the case said on Monday.

Last month a federal judge granted class action status to a complaint against several modeling agencies, including Elite Model Management and Ford Models Inc.

The class is expected to be made up of thousands of models. The judge appointed the law firm of Boies, Schiller & Flexner as lead counsel.

Elite and Ford are both top modeling agencies. Elite models include actress Lara Flynn Boyle as well as Lauren Bush, niece of President Bush. Ford represents supermodels like Christie Brinkley, Jerry Hall, Frederique, and Rachel Hunter.

The suit, filed in Manhattan federal court, alleges the agencies fixed models' commission rates at 20 percent, twice the 10 percent allowed by state law for employment agencies. The models alleged that the defendants conspired to evade state pricing regulations by calling themselves model management companies.

Hmmm, can we talk incessantly about this case instead? It certainly sounds like the courtroom scenes will be more eye-pleasing than anything we'll see in Red Hat vs. SCO.

Red Hat wants the Attention (2, Insightful)

Lord of the Fries (132154) | more than 10 years ago | (#6608612)

This is a good move by Red Hat given their continued push to be one of the high end corporate servers of Linux. An announcement like this immediately elevates them into the press and most likely elevates their stock price (which is what SCO's actions have been all about all along). This in turn makes them look more palatable to places that only by from big names.

grate! (0)

Anonymous Coward | more than 10 years ago | (#6608616)

w00t redh4t j00 r teh r0XX0r!!!!

Bad name for the fund, I propose.... (0)

Anonymous Coward | more than 10 years ago | (#6608620)

"The Fuck SCO Fund" or maybe "McBride For Prison Inmate Bitch 2004"

New Obligatory quote... (1, Offtopic)

BoardHead (151337) | more than 10 years ago | (#6608635)

"In less than an hour, [Geeks and Nerds] from here will join others from around the world, and you will be launching the largest [OS] battle in the history of [Nerd]kind. [Nerd]kind, that word should have new meaning for all of us today. We can't be consumed by our petty differences any more. We will be united in our common interest. Perhaps it's fate that today is the Fourth of [August], and you will once again be fighting for our freedom. Not from tyranny, oppression or persecution, but from annihilation. We're fighting for our right to live, to exist, and should we win the day, the Fourth of [August] will no longer be known as a [Geek and Nerd] holiday, but as the day when the world declared in one voice: 'We will not go quietly into the night! We will not vanish without a fight! We're going to live on! We're going to survive! Today we celebrate our Independence Day!'"

Thomas J. Whitmore
President of the United States of America
Area 51, Nevada
'Independence Day' (with the appropriate changes)

Sorry, I just had to. It was the first thing that came to mind.

Hmmm...Subpoenas (5, Insightful)

radulovich (47127) | more than 10 years ago | (#6608662)

This is quite interesting, and should impact SCO considerably. By initiating this action, Red Hat can enter the "discovery" phase, which will allow the lawyers (and developers?) to see the ALL of the code that SCO says infringes on their intellectual property.

The end result should be that Red Hat will be able to wipe away the FUD, and get down to the bottom of what SCO really owns. Assuming SCO owns anything, Red Hat can then begin work on removing that code. Also, if Red Hat wins, they will probably get monetary damages, which always helps.

Go Red Hat!

(Now I suppose I should actually buy the distro instead of downloading the ISO's...)

-Mark

Hmmm (0)

mustangsal66 (580843) | more than 10 years ago | (#6608664)

I love it...

Ok everyone...you know the drill...

1) Sue SCO

if($outcome = "Win"){
print "2)Win\n3)profit";
} else {
die();
}

Hmm... maybe not
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