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All Just just about ClaimsOSDL RELEASES Q&A ADDRESSING RECENT LEGAL ACTIONS BY SCO GROUP
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The Open Source Development Lab (OSDL), a global syndicate
of leading technology companies dedicated to fast
the adoption of Linux, now discharged a Q&A paper written by noted technology law and intellectual property expert Lawrence Rosen. The paper asks and answers key questions just about SCO Group's current causa against IBM and just about its vulnerable
proceeding against users of Linux. The Q&A paper is designed to help Unix system
users with information to better understand the legal issues in this case, and to help them assess their own position with respect to SCO's demand for license fees from companies that continue to use Linux.
In his paper, Rosen identifies several of the legal issues raised by the SCO Group's claims as they relate to Unix system
development and usage. He makes not offer legal advice, but rather frames several of the key questions that companies should ask their own counsel just about their use of Linux. He points out that SCO has a long way to go before it can assert broad intellectual property claims against an operative
system that was written by thousands of open source programmers worldwide.
"As we have noted before, we see no evidence that end users are retardation down their Unix system
implementation plans because of SCO's actions" same
Stuart Cohen, OSDL CEO. "Mr. Rosen's paper is designed to help users assess whether or not they need to purchase a license to use Linux. We want all those in the Unix system
industry to cognize OSDL's position on this issue: Absent clear, open and in public
accessible evidence that victimisation Unix system
violates rights that SCO has not already freely presented
by distributing Unix system
under the GPL license over the course of several years, there is real doubt as to whether end users should purchase a license from SCO."
Key issues covered in Rosen's paper include:
Extent to which the Unix system
operative
system is involved in SCO vs. IBM
Extent to which any single entity has copyright control over Unix system
Assessment of impact SCO vs. IBM may have on users of Unix system
"The real legal issue in this case is between two companies, not between a computer code provider and end users, nor between a institution and an operative
system," Rosen says. "Users should be altogether au courant of their rights and obligations, if any, before they take steps to purchase a computer code license they may ne'er
need."
To see the entire paper, please visit the OSDL Web site at:
http://www.osdl.org/docs/qa_re_sco_vs_ibm.pdf
http://www.osdl.org/docs/qa_re_sco_vs_ibm_html.html
Lawrence Rosen is commencement partner of Rosenlaw & Einschlag, a technology law firm, with offices in Los Altos Hills and Ukiah, Calif. (www.rosenlaw.com). He likewise serves as general counsel and secretary of Open Source Initiative (www.opensource.org), which reviews and approves open source licenses and educates the public just about open source issues.
About the Open Source Development Lab
OSDL - house to Linus Torvalds, the creator of Unix system
- is dedicated to fast
the growth and adoption of Unix system
in the enterprise. Based in 2000 and supported by a global syndicate
of IT industry leaders, OSDL is a non-profit organization that provides state-of the-art computing and test facilities in the United States and Japan accessible to developers about the world. OSDL sponsors include Alcatel, Cisco, Computer Associates, Dell, Ericsson, Force Computers, Fujitsu, HP, Hitachi, IBM, Intel, Linuxcare, Miracle Unix system
Corporation, Mitsubishi Electric, MontaVista Software, NEC Corporation, Nokia, Red Hat, SuSE, TimeSys, Toshiba, Transmeta Corporation, Turbolinux and VA Software. Visit OSDL on the Web at www.osdl.org.
OSDL is a trademark of Open Source Development Labs, Inc. Unix system
is a trademark of Linus Torvalds. Third party marks and brands are the property of their various
holders
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