[ Thanks to Canadian Linux
Interests Coalition for this release. ]
A coalition of computer professionals using and contributing to
the Linux operating system, have united to oppose the recent
actions of high-tech company the SCO Group. The Utah, USA-based
organization (formerly SCO, Caldera, Caldera International,
SCO-Caldera) has publicly been making unsubstantiated legal threats
against users and developers of Linux since it launched a lawsuit
against International Business Machines (IBM) in March of 2003.
Comprising Linux professionals and users from across Canada, the
Canadian Linux Interests Coalition (CLIC)
(http://www.linux.ca/clic), was organized by members of Canada’s
network of Linux Users Groups, which are the grassroots providers
of support and advocacy for open source software. Canadian Linux
users, like those in other countries, are outraged by SCO’s broad
and unproven claims. They will not remain silent while SCO
disparages Linux, the work of thousands of contributors
world-wide.
The SCO Group contends that the Linux kernel (the core of the
system) contains programming code that they effectively own, and on
that basis seek to collect royalties on installations of Linux. Yet
they have refused to publicly reveal what code that is. SCO is in
fact showing the disputed material to persons who sign their
non-disclosure agreement (NDA). However, CLIC spokesperson Shad
Young argues that, “Seeing source code under an NDA is not a valid
way to disclose the allegedly-infringing code. Anyone who signs the
NDA is no longer in a legal position to describe or fix the
problem. So the problem is impossible to remedy without proper
public/unrestricted disclosure of the alleged infringement.”
Despite this lack of substantive evidence, the SCO Group
continues to make public statements designed to create fear,
uncertainty, and doubt amongst Linux users and
contributors–current and future–about the legitimacy of using the
open source operating system.
CLIC asserts that Linux professionals and users in fact occupy
the legal and moral high ground on this matter. There are many
reasons to believe that the SCO Group’s claim is flimsy, not the
least of which is their refusal to fully reveal their evidence,
says the coalition. Many others agree.
The Open Source Initiative has published a detailed rebuttal
(http://www.opensource.org/sco-vs-ibm.html) of SCO’s complaint
which shows their allegations to be “incorrect or fundamentally
misleading.”
Open Source Development Labs has released a position paper
(http://www.osdl.org/newsroom/press_releases/2003/2003_07_31_beaverton.html)
in which Eben Moglen, professor at Columbia Law School, asserts
that, “Failure to come forward with evidence of any infringement of
SCO’s legal rights is suspicious.” The paper goes on to provide
ample reason for users of Linux not to be cowed by the SCO Group’s
threats.
CLIC believes that SCO’s position is further undermined by the
fact that SCO themselves contributed to the development of Linux
and distribute it themselves (as “Caldera Open Linux”) under the
terms of the GNU General Public License
(http://www.gnu.org/licenses/licenses.html#GPL), which allows all
users of the Linux kernel the right to use it for any purpose, and
to change or redistribute it.
CLIC say they want to make it clear that the Linux community
will defend Linux and protect the numerous legitimate copyrights of
its contributors, not only against the SCO Group, but against any
current or future attacks. “We are encouraging other Linux users to
be active in opposing SCO, and for this purpose we have set up an
information clearinghouse on the world-wide web for Canadian Linux
users. It will provide users the latest news on this matter, in
addition to links related to defending themselves and their
software,” says Young.
Users of Linux looking for legal recourse may wish to consult
the Canadian Competition Bureau
(http://cb-bc.gc.ca/epic/internet/incb-bc.nsf/vwGeneratedInterE/home)
or reference Canada’s copyright laws
(http://laws.justice.gc.ca/en/C-42), he adds.
In the months approaching the legal resolution of the SCO
Group’s complaint, CLIC, and other Canadians using, developing and
deploying the Linux operating system, will continue to defend their
legal rights to use Linux.