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By David Becker
Posted on ZDNet News: Nov 19, 2003 3:50:00 AM

LAS VEGAS--Linux antagonist SCO Group vowed Tuesday to widen its legal battle against the open-source operating system, saying it intends to sue large-scale Linux users for copyright infringement.

CEO Darl McBride said the company had signed an agreement with the law firm of David Boies, already handling SCO's case against computing giant IBM, to include Linux-related copyright cases. SCO plans to begin filing suits within the next few months, targeting large companies that have significant Linux installations.


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To date, SCO's legal battle has focused on alleged breaches in IBM's contract to use the Unix code that SCO owns. IBM, one of the biggest corporate proponents of Linux, came under attack from SCO early this year when the software maker filed a $3 billion lawsuit accusing Big Blue of illegally incorporating SCO-controlled Unix code into Linux software distributed by IBM.

The case has gone on to challenge the foundations of the Linux movement, with SCO promising to bill Linux users and threatening legal action against companies and individuals who don't pay licensing fees.

SCO has since backed off the billing plan, but the company is still serious about enforcing its copyrights, said Chris Sontag, senior vice president in charge of SCO's legal efforts. He said lawsuits targeting Linux users will be filed within 90 days, with initial suits targeting 1,500 companies that have significant Linux systems.

McBride added that lawsuits likely will be preceded, and possibly prevented, by communications offering businesses an opportunity to accord with SCO. "We'll be communicating with users what our expectations are," he said.

McBride said it's appropriate to start targeting the Linux users now, rather than wait for the IBM suit to be concluded, partly because the copyright cases will be much less complex than the IBM dispute and should give a much quicker judicial perspective on SCO's claims.

"I think it'd be good for all of us to get some closure," he said. "ISVs (independent software vendors), end-users, customers--they all want this cleared up."

McBride was here to deliver a speech at the Computer Digital Expo, a new Jupitermedia event competing with the more familiar Comdex. McBride used the speech to lay out his objections to the general public license (GPL) that governs many open-source software releases.

In an interview before the speech, McBride said the GPL helped create the Linux user lawsuits that SCO is preparing by putting all legal responsibility on the user, rather than the on companies distributing the software.

"The structure of the GPL pushes the problem down to the end-user," he said. "You start out with Red Hat or IBM, but it ends up on the end-user."

McBride said that besides being weak on copyright protection, the GPL runs counter to basic business principles.

"The GPL-based products have to come to grips with the realities of business," he said, blaming GPL products for "grinding away at the value" of competing commercial software. "It's a tremendous problem, and it's getting bigger."

McBride said in his speech that SCO shouldn't get the blame for putting the GPL at risk; however, he maintained that it was IBM's countersuit against SCO that brought the issue to a head. "The GPL is definitely at risk," he said. "But we're not the ones who put it there. IBM put the GPL in the line of fire."

He went on to predict major changes in open-source software, with market forces favoring those who innovate for profit. "We are in a tug-of-war between those who believe software should be free and those who think proprietary licensing is OK," McBride said. "When you look at what drives an economy, it's capitalist principles."

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  • Most Recent of 140 Talkback(s)
New Business Model: Sue the end users
They know the big companies have battalions of lawyers to slow them down if not kill the lawsuit, so they (aka SCO, RIAA, etc..) sue the users who have know money to defend themselves against corporat... (Read the rest)
Posted by: irjeremy@... Posted on: 03/01/04 You are currently: a Guest | | Terms of Use
shoot theyself in foot  lmaxwell | 11/18/03
re: shoot theyself in foot (if any feet left)  Still Lynn | 11/19/03
can't believe  stephen732@... | 11/19/03
Because it's funded by Microsoft Blood Money  brenthawkinsmd | 11/19/03
same same  lmaxwell | 11/18/03
p2p is a good example of this new culture  lmaxwell | 11/18/03
McBride is a socialist  RoyTyrellFl | 11/18/03
only m$  stephen732@... | 11/19/03
Small difference  Yagotta B. Kidding | 11/19/03
Re: Small difference  Chipper1963 | 11/19/03
Them Ambulance Chasing Lawyers  ddollinger | 11/20/03
This shill must really be dumb  zd-spam | 11/19/03
Dear backwoods capitalist *special* person  severance66 | 11/19/03
B.S.  blahblahblah | 11/19/03
Exactly right... it is BS  shawkins | 11/19/03
So tell me, did ya get that crap from Rush in Rehab?  dicktaurus@... | 11/19/03
more misconceptions  ryusen | 11/19/03
Driving the economy  Robert Hahn | 11/18/03
Bravo!  severance66 | 11/19/03
SCO Cannot Stop People From Giving Away...  RoyTyrellFl | 11/18/03
Sure they can!!  severance66 | 11/19/03
So Daqrl is a trust-fund-scum-kiddie as well! That explains some of his...  dicktaurus@... | 11/19/03
re: SCO Cannot Stop People From Giving Away...  Still Lynn | 11/19/03
$C0.die.die.die  warbirdnut | 11/18/03
No Good Deed goes unpunished  wilrisenhoover@... | 11/18/03
Agreed  severance66 | 11/19/03
They should be arrested  Antagonist | 11/20/03
SCO has limited respect for other copyrights...  B.O.F.H. | 11/18/03
No I didn't  NemesisNL | 11/18/03
No excuse for idiocy (unless your name is Darl McBride)  severance66 | 11/19/03
Aren't they two separate cases  voska | 11/19/03
basically  ryusen | 11/19/03
SCO Can't Sue Users  dgingras@... | 11/19/03
NT: VERY WELL PUT!!!  Antagonist | 11/20/03
Somebody ask him..  spinit | 11/18/03
Somebody DID ask and Chris Sontag replied...  Still Lynn | 11/19/03
Darl is a lying thief!  spinit | 11/19/03
SAMBA is GPL  Yagotta B. Kidding | 11/19/03
What option do they have ?  Scarlett_mftdt | 11/19/03
Your right  severance66 | 11/19/03
You're right, but Darl's wrong  Still Lynn | 11/19/03
Come on SCO, we support you!  pa2004 | 11/19/03
Doesn't Matter the side of the Zealot  nucrash | 11/19/03
Who's this "WE" white man!?!  Laff | 11/19/03
Piss off TROLL!  Antagonist | 11/20/03
I smell a Beast  seasidetribe | 11/19/03
You must mean Sun don't you?  No_Ax_to_Grind | 11/19/03
Sun to be trusted???  nucrash | 11/19/03
Nah, he meant M$. You ARE still an M$ employee, right, Bit/ _AX/ whatever?  dicktaurus@... | 11/19/03
both  Arrg | 11/19/03
SUN Micro is playing both sides  B.O.F.H. | 11/19/03
With the biggest rollout of Linux on the line......  Jose Jimenez | 11/19/03
Are you so very certain...  No_Ax_to_Grind | 11/19/03
bitty slips and tells the truth  zd-spam | 11/19/03
Unlike yourself, I admit when I don't know.  No_Ax_to_Grind | 11/19/03
of course,  ryusen | 11/19/03
Come ONNNNNN!!  Mack DaNife | 11/19/03
Do a little reading...  No_Ax_to_Grind | 11/19/03
SCO's licencing is per processor  B.O.F.H. | 11/19/03
Not to worry, it's almost time to call.  No_Ax_to_Grind | 11/19/03
Too soon or too late???  nucrash | 11/19/03
Amen....  Patrick Jones | 11/19/03
Don't count your chickens...  No_Ax_to_Grind | 11/19/03
One thousand two-hundred and sixty-two  Patrick Jones | 11/19/03
I agree about getting it resolved.  No_Ax_to_Grind | 11/19/03
Tell that to my wife  Patrick Jones | 11/19/03
I think it depends on how much money is involved.  No_Ax_to_Grind | 11/19/03
More FUD, Bit/AX? Oops! Forgot, you're a paid $hill...  dicktaurus@... | 11/19/03
Do you have an opinion or are you just ranting..  No_Ax_to_Grind | 11/19/03
All just a game to you  Jose Jimenez | 11/19/03
You need to read the thread.  No_Ax_to_Grind | 11/19/03
You mean your post that was DELETED? LOL... funny and phony, you are...  dicktaurus@... | 11/19/03
First  Yagotta B. Kidding | 11/19/03
I agree Yaggota, not ready for a jury.  No_Ax_to_Grind | 11/19/03
That leaves you out  Mack DaNife | 11/19/03
Huh, how so...  No_Ax_to_Grind | 11/19/03
And after that...  B.O.F.H. | 11/19/03
WE already know where WE stand. Do YOU?  dicktaurus@... | 11/19/03
Message has been deleted.  No_Ax_to_Grind | 11/19/03
Message has been deleted.  Jose Jimenez | 11/19/03
Message has been deleted.  No_Ax_to_Grind | 11/19/03
Message has been deleted.  Jose Jimenez | 11/19/03
Message has been deleted.  No_Ax_to_Grind | 11/19/03
Message has been deleted.  Jose Jimenez | 11/19/03
Message has been deleted.  No_Ax_to_Grind | 11/19/03
Message has been deleted.  Jose Jimenez | 11/19/03
Message has been deleted.  B.O.F.H. | 11/19/03
Message has been deleted.  ryusen | 11/19/03
Hoping this doesn't get "deleted"  bgoss@... | 11/19/03
Judicical perspective is needed !  Chris.Papoudaris@... | 11/19/03
McBride doesn't have a clue  MarcB_z | 11/19/03
SCO LIES  MarcB_z | 11/19/03
Another nail in the Linsux coffin  Loverock Davidson | 11/19/03
Davidson...you're lost!  Tim Patterson | 11/19/03
But now I'm found  Loverock Davidson | 11/19/03
BSD is not safe!  B.O.F.H. | 11/19/03
Petrock, the half-arsed are always half-wrong.  dicktaurus@... | 11/19/03
*SMOOCH*  Loverock Davidson | 11/19/03
i doubt they will hit windows  ryusen | 11/19/03
Joke  Bill4 | 11/19/03
No Joke  Loverock Davidson | 11/19/03
This is what you're rooting for?  IT_User | 11/19/03
You just won 1st place for leading id10t M$ shill  zd-spam | 11/19/03
OMG YOUR SPELLING IS 1337  Loverock Davidson | 11/19/03
ZD, are you saying...  No_Ax_to_Grind | 11/19/03
Don't worry, Bit, I still think you're the #1 $hill!. And, no, it takes...  dicktaurus@... | 11/19/03
Mike Cox you ain't  Yagotta B. Kidding | 11/19/03
And not trying to be  Loverock Davidson | 11/19/03
Why?  bgoss@... | 11/19/03
I guess the Mafia has finally gone legit.....  Sceptical Observer | 11/19/03
just branching out  Hanover Phist | 11/19/03
Lawsuits are fought in court right?  blahblahblah | 11/19/03
SCO is now going after BSD  Tim Patterson | 11/19/03
... and MS ... and Apple ... and ?  George Mitchell | 11/19/03
Many would agree about "obliterated" (small tactical nuke would do), but...  dicktaurus@... | 11/19/03
SCO continuing with their planned suicide - GO SCO!  George Mitchell | 11/19/03
It's all a marketing trick  Arrg | 11/19/03
Zoot Suit vs Law Suit  bjornafreeman@... | 11/19/03
SCO admit they are destroying themselves  jellyclock | 11/19/03
don't be so sure  dg mh | 11/19/03
Huh???  bgoss@... | 11/19/03
How can they do this...  BitTwiddler | 11/19/03
Well the massive Linux user demostrations will  FilledOut | 11/19/03
Meanwhile on the home front  zd-spam | 11/19/03
17USC  Yagotta B. Kidding | 11/19/03
They know they don't have a copyright case.  Jose Jimenez | 11/19/03
But this new copyright suit won't be against IBM  Zogg | 11/19/03
That's good to hear  Arrg | 11/19/03
Does it really matter?  No_Ax_to_Grind | 11/19/03
wow, nice post  ryusen | 11/19/03
Interesting Don  bgoss@... | 11/19/03
Nice business you're running here....  DogBert_z | 11/19/03
SCO and Linux....  Laff | 11/19/03
The SCO has to move its headquarters to a MENTAL HOSPITAL.  Vily Clay | 11/19/03
SCO: The Embodiment of GREED  swbobcat | 11/19/03
Another Example of the State of Business Ethics  tspettel | 11/20/03
Make me pay Please! Make Supporting Open Source Profitable.  DeanMontana | 11/19/03
Problem  fallison@... | 11/20/03
In other news  Arrg | 11/20/03
New Business Model: Sue the end users  irjeremy@... | 03/01/04

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