MESSAGE
| DATE | 2003-05-28 |
| FROM | From: "Inker, Evan"
|
| SUBJECT | Subject: [hangout] German software group threatens to sue SCO on Linux
|
German software group threatens to sue SCO on Linux
Legal action could come as soon as Friday
By Boris Groendahl, Reuters
MAY 28, 2003
A German software group today threatened to take The SCO Group to court if
it does not withdraw from a worldwide attack on Linux, the open-source
computer operating system.
Linuxtag, a German Linux lobbying association, said it may seek a German
court order against SCO this week because of threats made against 1,500 of
the world's most important Linux supporters, including IBM Corp. (see
story).
Linux is considered as the only big rival to Microsoft's Windows and can be
found on 15% of all computer servers sold in Western Europe. The German
government is installing Linux throughout certain ministries.
Hundreds of companies distribute Linux, charging little or nothing for the
core software, but taking fees on modifications, services and maintenance.
Companies and governments like Linux, written by Linus Torvalds and further
developed on the Web with the help of thousands of volunteer programmers,
because it is a stable software and not controlled by just one company. But
its future as an open system came under threat two months ago when SCO
claimed Linux had mixed in some of SCO's proprietary software.
Companies using Linux could be liable to pay license fees to SCO for every
computer that runs on he software, SCO said.
Germany's Linuxtag told SCO to provide proof for its claims by May 30 or
face court action in Germany.
"SCO is massively unsettling our members and the companies that are
potential exhibitors at the fair with those claims,'" said Michael
Kleinhenz, a spokesman for Linuxtag, which holds a fair under the same name.
"If they don't stop that, or present proof for the intellectual property
rights they are claiming, we are going to apply for a preliminary injunction
at the court on Friday,'' he said.
SCO's German unit said it had received Linuxtag's motion and would discuss
with its U.S. parent whether to present proof for the claim before its case
against IBM, one of the biggest Linux promoters, comes to court.
"We have this special situation here in Germany with a high affinity for
Linux, and a very well-organized Linux community,'' said Hans Bayer, the
head of SCO's German unit. "But I can't go on my own with presenting the
proof.''
Along with its copyright court battle with IBM, SCO also notified 1,500 of
the world's largest corporations earlier this month that their use of Linux
may be in violation of its rights. Some of the largest German companies have
been sent the letter as well, including electronics giant Siemens AG, the
German railway system and carmaker Volkswagen, said SCO's Bayer.
Linuxtag's Kleinhenz said SCO, a former Linux firm previously known as
Caldera Systems, was engaging in unfair competition against Linux firms and
programmers.
http://www.computerworld.com/softwaretopics/os/linux/story/0,10801,81607,00.
html
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