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SCO "Intellectual Property Licence for Linux"

SCO have released some sketchy details on their licence package for Linux. They suppose that end users will pay them $700 per computer for the privilege of continuing to use software to which they already have a valid licence.

The most glaring problem is that nowhere do SCO define what IP rights SCO are supposed to hold. As Eben Moglen explains, there *are* no possible rights that SCO could hold: they have licenced any copyright material; they don't have patents; and trademarks don't apply. As a potential (yeah sure) licensee, nowhere am I able to find out about the potentially infringing works without signing an onerous nondisclosure agreement.

This is at odds with most copyright cases, where the first step is for the aggrieved party to present the original and supposedly copied material.

The SCO support site at iwethey.org has a couple more interesting questions for people considering signing:

  1. If you read the contracts between Santa Cruz Operation and IBM (Exhibits A, B, C and D) you will see that IBM has purchased an "irrevocable, perpetual" license to AIX. Now SCO wishes to use that license to extract $3 billion from IBM. While SCO Group may not sue you immediately after you sign their papers, what would happen if SCO Group needed more money or Darl McBride wished to purchaes a new Harley? Would it be a prudent business decision to sign a piece of paper that ties you to Darl "contracts are what you use against partners" McBride?, to sign a piece of paper that ties you to SCO Group? Will your licenses be (as IBM's are) "irrevocable and perpetual"?
  2. Thus Darl McBride appears to be saying "Pay me and I promise not to sue you. Forget that I am suing another company right now, forget that I sued my last employer and I've stated on a tape recording that I view contracts as weapons, not as something that produces a win-win for all parties. Forget all that. If you don't pay me I'll sue you."

posted Wed 6 Aug 2003 in /issues/sco-vs-linux | link

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