SCO-duggery (code comparison)

Luis Villa louie at
Wed Aug 20 20:46:25 PDT 2003

On Wed, 2003-08-20 at 19:20, Luis Villa wrote:
> On Wed, 2003-08-20 at 18:43, Robert S. Thau wrote:
> > it's conceivable that someone may have
> > grounds to sue for negligence or fraud.
> If what we're seeing so far is correct, I'd hope it's more than
> lawsuits- the SEC apparently has the power to prosecute and jail
> executives responsible for these types of scams. Eben Moglen also
> suggests that the company lawyer who claimed that the GPL is
> unconstitutional is so wrong as to make his claim constitute
> professional misconduct. That's one I'd definitely love to see.
> [Some details on that here:

Oh, I forgot my favorite bit of SCO news today, where the SAMBA people
pointed out that at SCO's conference SCO trumpeted the inclusion of
SAMBA in one of their new products. That's right, the under-the-GPL

"Over the past few months, the SCO (Santa Cruz Operation) Corporation
(formerly Caldera International, Inc. a Linux distribution vendor) has
been complaining about violations of its Copyright works by the Linux
kernel code.

Recently, Darl McBride, the Chief Executive Officer of SCO has been
making pejorative statements regarding the license used by the Linux
kernel, the GNU GPL. In a keynote speech he recently said :

"At the end of the day, the GPL is not about making software free; it's
about destroying value."

In light of this it is the depths of hypocrisy that at the same event
SCO also announced the incorporation of the Samba3 release into their
latest OpenServer product. Samba is an Open Source/Free Software project
that allows Linux and UNIX servers to interoperate with Microsoft
Windows clients. The reason for this is clear; Samba3 allows Linux and
UNIX servers to replace Microsoft Windows NT Domain Controllers and will
add great value to any Operating System which includes it. However,
Samba is also developed and distributed under the GNU GPL license, in
exactly the same manner as the Linux kernel code that SCO has been
criticizing for its lack of care in ownership attribution.

We observe that SCO is both attacking the GPL on the one hand and
benefiting from the GPL on the other hand. SCO can't have it both ways.
SCO has a clear choice: either pledge not to use any Open Source/Free
Software in any of their products, or actively participate in the Open
Source/Free Software movement and reap the benefits. For SCO to continue
to use Open Source/Free Software while attacking others for using it is
the epitome of hypocrisy.

The strength of Open Source/Free Software is that it is available to all
without restrictions on fields of endeavor, as the Samba Team believes
the ability to freely use, modify and learn from software code is one of
the grounding principles of computer science, and a basic freedom for

Because of this, we believe that the Samba must remain true to our
principles and be freely available to use even in ways we personally
disapprove of.

Even when used by rank hypocrites like SCO.

Jeremy Allison, 
Marc Kaplan, 
Andrew Bartlett, 
Christopher R. Hertel, 
Jerry Carter, 
Jean Francois Micouleau, 
Paul Green, 
Rafal Szczesniak.

Samba Team."

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