Linux-Related Lawsuit
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By Bob Mims, The Salt Lake Tribune  Dec. 15--Utah's SCO Group has asked a federal judge to reconsider  striking most of the claims from its $5 billion, Linux-related lawsuit against  IBM.   But they don't want anyone to know why.
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Ziff Davis - Opinion: It's time for other Linux vendors to follow Red Hat's lead and offer patent infringement protection to their customers.
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A lost legal struggle with Linux distributor Novell, an apparently truncated fight with IBM, a bankruptcy filing in September...and now, a NASDAQ delisting. Is there any hope at all left for floundering PC Unix vendor SCO?
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I have an observation I'd like to disclose about the Open Source community: we tend to leap into all kinds of things before we have all the facts and/or information necessary to make intelligent decisions. We criticize other communities, laugh at things like directory services from the two major NOS players, talk about all our great applications, etc. we hang on to old notions about a what makes Linux tick. Sorry, but that model Eric doesn't fit any more. The community natter appears to come mostly from people who lack deep technical skills and knowledge of enterprises.
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(InfoWorld) - Symantec Corp. has filed suit against an alleged software piracy ring, that has been in operation in North America since late 2003, the software vendor claims. The lawsuit, filed last month in U.S. District Court in Los Angeles seeks more than US$15 million in damages from a network of U.S. and Canadian businesses that are alleged to have sold counterfeit versions of Symantec's products, including Norton AntiVirus, pcAnywhere and Veritas Backup Exec. These companies and their affiliates run a global counterfeit organization that focuses on the U.S. and Canada, Symantec said. The businesses, which operated under eight different names, including Sili Inc., Advanced Sales Productivity Solutions Inc. and GT Micro, used spam and online advertising to offer Symantec's software at cut-rate prices, said Cris Paden, a Symantec spokesman. Customers who paid for the software would then be sent disks with Symantec's logo, wrapped in plain white sleeves. The disks, which came without documentation, would not install or work properly and could also include malicious software that would then be used to steal sensitive information from the purchaser's computer, Paden said. Symantec began investigating the matter in early 2004, when it started receiving complaints from customers who had bought the bad software, Paden added. "The people who bought these disks thinking they were from Symantec would come to our customer service," he said. One of the Sili Web sites named in Symantec's complaint, Sle-business.com, http://www.sle-business.com/Product%20List.htm Norton AntiVirus 2006. That product typically sells for about $20. Sle-business.com's Web site also offers software from McAfee Inc., Intuit Inc., Corel Corp. and Webroot Software Inc., among others. Sili representatives could not be reached immediately for comment. Symantec has worked with police to seize more than 100,000 copies of counterfeit disks, but Paden did not know if criminal charges would be forthcoming in the case. "We are working with law enforcement," he said. "I can't tell you who because if I did that would tip our hands to the extent of our investigation." Like many other vendors, Symantec has become more aggressive in its fight against unauthorized copying. In 2002, Symantec was losing about $500 million per year to software piracy, but it has now reduced those losses to less than $50 million per year, he said. Customers who are worried that they may be buying phony software online should make sure they are actually giving their credit-card information over a secure Web site, Paden said. That means that when they are asked to enter a credit-card number, the Web address should begin with https://, and there should be a locked padlock displayed near the address to indicate that the browser is visiting a secure site. "That's the smoking gun as to whether you're dealing with a legitimate outfit or not," Paden said. "99 percent of the time these guys don't use this."ADVERTISEMENTNEW IT SERVICES FROM IBM: EASIER TO BUY AND IMPLEMENTDiscover a simpler, more cost-effective way to get the solutions your company needs to grow more flexible and efficient.
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Computer lawsuit   A lawyer yesterday sued the Symantec Corporation, the world's largest security software provider, because his computer allegedly crashed after receiving a faulty anti-virus update from the company.
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According to a recent report from a research group, Microsoft Chief Executive Steve Ballmer at an Asian Government Leaders Forum in Singapore claimed that Linux violates more than 228 patents.
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Class action suit accuses the software giant of violating state's business code.
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(InfoWorld) - The Linux faithful might be staring down the barrel of another round of Microsoft's legal taunts, but at last week's Linux Foundation Summit, the reaction was more ho-hum than oh-no. "The reality is that they are not going to sue a single customer," says Jim Zemlin, executive director of the Linux Foundation. "It would not be in their business interest. Microsoft is not going to sue their customers." Zemlin says one fact alone â that most corporate Linux users have a mixed environment with Microsoft software â will protect users from the software giant going after them based on patent infringement. The patent issue has risen to near the top of the Linux Foundation's list with the signing last year of a cross-licensing patent deal between Novell and Microsoft, in which Microsoft promised not to sue Novell Suse Linux users for patent infringement. Several similar deals have followed since with Linux vendors Xandros and Linspire. As part of its charter, the Linux Foundation offers legal-protection services for developers to safeguard the future of Linux. Microsoft claims that Linux violates 235 of its patents, although it has yet to detail what those patents are. Critics contend the issue is meant to create uncertainty among potential corporate Linux adopters. But Zemlin says the contracts are hurting Linux "only in the fact that Microsoft uses them to create a perception of risk that in reality is not there." Many others at the foundation's first-ever summit -- a collection of some of the most influential Linux kernel designers, software developers, and user companies -- took that same position. "Open source is safe for us to use: That is the message that I want to get out there," said Chris DiBona, Google's open source program manager. "I would be shocked if Microsoft didn't have patents that read on Linux," said Mark Radcliffe, a partner at law firm DLA Piper US who advises companies on intellectual property issues. "Will they enforce them is the question. Companies using Linux don't have to fear patent suits." Radcliffe thinks Microsoft is in a difficult position because it probably couldn't avoid spearing its own customers with any legal action. "I think the Microsoft [Novell] deal was a misfire," he says. "I think what Microsoft's actions recognize is that Linux is here to stay. And any competitor will use tools to try and slow it down." Others say that patents have become a real problem for the computer industry. "They are sold to the public as being about supporting innovation, but their impact on industry is a nightmare," says Mark Shuttleworth, the founder of Ubuntu Linux. "They don't help IBM, they don't help Sun, and they don't help Microsoft. But the free software guys are worried about this." So worried, that the Free Software Foundation added to its near-final GNU General Public License (GPL) 3.0 specific language that addresses patent deals that could erode the unique open source qualities of the Linux operating system. The hype has reached such proportions that Dan Frye, vice president of Linux and open technology at IBM and head of its Linux Technology Center, said during a panel session at last week's summit, "everybody, just chill when v3 comes out." GNU GPL 3.0 is slated for final release on June 29. Linux creator Linus Torvalds, who is employed by the Linux Foundation, wrote on the Linux kernel mailing list last week that the Linux kernel may stay under Version 2, which he said is a better license, but that Sun's choice of licensing for open-sourcing Solaris could influence the decision. The Linux kernel is made up of a number of components, developed by various individuals under a number of different open source licenses, which means all those stakeholders would have to agree to switch to Version 3. "People are looking to Linus for that kind of leadership," says Google's DiBona. "I think v3 will be evolutionary, which is what it is supposed to be." Others say the issue of GPL 3.0 license adoption goes much deeper than just patent concerns. "Even if v3 is better than v2, it has to be significantly better to undertake all the pain to change the kernel code [licensing]," said James Bottomley, a kernel developer and CTO of SteelEye Technology, which makes high-availability software for Linux systems. "We are not going to waste six months to change the kernel. This is a pragmatic argument, not a legal one."ADVERTISEMENTIBM Information On Demand 2006Industrial Industry Leaders, please join us at IBM's premier information management global event, IBM Information On Demand 2006, October 15-20, Anaheim, CA. More IBM business and technical solutions content in one place than ever before! Select from  over 800 sessions. Register today!
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A REPORT said Microsoft CEO Steve Ballmer has warned Asian governments contemplating using Linux that they risk being sued for using the operating system.
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Maintaining that patent lawsuits can stifle innovation, the Linux software vendor warns that it could wield its own patent portfolio as a defense.
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Microsoft is applying for a patent for an operating system that starts out crippled.  You must pay to do things like take the throttle off network speed, disk access, install drivers, install software, and more.  Trust me, I rarely even visit Groklaw, even if this is my second consecutive blog entry with a link to a Groklaw article. My VarLinux.org readers posted the article, A Brave New Modular World, and I had to share it.
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In the 17 months SCO Group has waged its multiple-lawsuit war over its alleged rights to Linux, Groklaw has been the festering thorn in the Utah software company&#39;s side.
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perspective Attorney Eric J. Sinrod explains the ramifications of a recent case on the future of open-source software.
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Human rights group files lawsuit against internet company.
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The dangers of software patents for free software have always been a hot issue.  But with the news that Red Hat and Novell are being sued for alleged patent infringement by IP Innovation, the matter has moved from theory into practice.  In fact, in the battle against software patents, it turns out that the open source world already has a rather powerful weapon in its armoury â even if it's one that few people know about. read more
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Microsoft has warned Asian governments that they may face lawsuits for using the Linux operating system instead of Windows. Speaking to government officials in Singapore Thursday as part of a five-day visit