MESSAGE
| DATE | 2003-06-17 |
| FROM | From: "Rene Ferrer"
|
| SUBJECT | Subject: [hangout] Linux developer fights back...
|
This is a letter to SCO regarding the use of a developer's code in Linux...
This is just amazing.
RF
It's perhaps worth noting in passing that over 400 individuals worldwide are
credited as authors who have added significant contributions to the Linux
kernel, and thousands of others have also contributed kernel code. All of
these Linux kernel developers have the right to transmit similar demands to
SCO, and possibly pursue lawsuits, as this email suggests.
The author of the following email isn't seeking any personal publicity, so
information that might identify him has been redacted by request. ยต
Sunday, 15 June 2003:
Sender information:
[snip]
Recipient information:
To: The SCO Group
355 South 520 West
Suite 100
Lindon, Utah 84042 USA
Cc: SCO GmbH
Country Manager: Hans Bayer
Norsk-Data-Strasse 3
61352 Bad Homburg v.d.H
Sent via: E-Mail to licensing-at-sco.com, cc to infod-at-sco.com
NOTICE OF COPYRIGHT INFRINGEMENT
[If your are not the correct recipient for such a notice, please forward
this letter to the appropriate recipient, and send me a notice that I can
address further mails directly to the appropriate person. Thanks.]
Dear Ladies and Gentlemen,
I've noticed that the FTP server from your company contains the file
linux-2.4.13-21D.src.rpm (md5 checksum: 73cad7e5db287a962de14109fa126354) in
the directory
/pub/updates/OpenLinux/3.1.1/Workstation/CSSA-2003-020.0/SRPMS/ [1].
I'm the co-author and copyright owner of several parts of the source code
that is contained in that file[2], among them [snip].
According to your press releases [3], the file also contains source code
that you consider as your own property and that you did not license under
the GPL.
I've granted everyone the right to sell, distribute and use my work under
the condition that they obey the restriction of the GPL. The GPL requires
that a work that is based on a works that is licensed under the GPL must be
put under the GPL. I've never authorized any other use of my work.
This means that your distribution of the above given file, and any sale of
OpenLinux 3.1.1, is not authorized by me and infringes my copyright.
I demand that you immediately cease and desist the distribution of the above
listed file, and any other work that contains my work.
Additionally, I ask you to provide me with a detailed list that shows the
amount of unauthorized distribution that happened in the past. As far as I
can see, this includes at least any logs from your FTP server for the
relevant directories, and a list of the sales of OpenLinux 3.1.1 and any
other product that contains my work [4]. I reserve the right to sue you for
damages and any profits you made by selling my work. Note that my work is
not of U.S. origin, thus the lack of a formal registration at the USPTO does
not bar me from filing an infringement suit. I also reserve the right to sue
your subsidiary in Germany or any other subsidiary.
As an alternative, I'll abstain from suing you for copyright infringement if
you drop your claims that the source in linux-2.4.13-21D.src.rpm infringes
your copyright, for example by putting the part that you claim copyright on
under the GPL. The exact details would have to be discussed [5].
Best regards,
[snip]
[1] i.e. the URL to the file is
ftp://ftp.sco.com/pub/updates/OpenLinux/3.1.1/Workstation/CSSA-2003-020.0/SRPMS/linux-2.4.13-21D.src.rpm
I've verified the existance of the file on Sat Jun 14 08:44:15 UTC 2003.
[2] Note that I'm not claiming to be the sole copyright owner, I did a
significant improvement and partial rewrite of source code written by
others.
[3] Among others, the press release titled "SCO Suspends Distribution of
Linux Pending Intellectual Property Clarification; Announces Greater Focus
on UNIX and SCOx Strategy".
[4] Virtually all of my contributions to the linux kernel are tagged with
either my name ([snip]) or the email address [snip]. Thus you can easily
identify the affected products with a global search on the uncompressed
sources for these names.
[5] I'm only speaking for myself, I do not know what the other copyright
owners will do.
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