Dan Wilder | 1 Nov 2003 01:57
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Re: fwd: [SLL] Fighting evil with evil

On Fri, Oct 31, 2003 at 05:06:56PM -0500, Tanner Lovelace wrote:
> Dan Wilder wrote:
> >If we were to all line up, all bazillion of us, and one at a time serve
> >their provider notice and have their bandwidth dropped until such time as
> >they correct their error, we could have them down for years!  Or at least
> >until such time as the clue-by-four connected with Darl McBride's temple, 
> >or
> >the SEC gets wise to this whole stock scheme and puts them out of business
> >for good.... 
> >
> >But anyway.  Any Linux kernel contributor has the right to terminate SCO's
> >right to distribute same by citing non-compliance with the GPL, and serve
> >DMCA notice that they must cease and desist from providing
> >therefore-unlicensed software for download.  
> 
> Ok, the main flaw I see in this is that you have to specify which
> files on their site are infriging.  A quick look at ftp.sco.com
> failed to find actual kernel source files.  The only thing I found
> was something called "kernel-addon[...].src.rpm".  Does anyone
> have a specific url for kernel source files?  I forwarded the message
> to my local LUG list and at least one kernel contributor is asking how
> one goes about submitting a DMCA takedown notice.

It would seem that if they distribute a copy of the kernel itself, a 
reasonable person might conclude that what they distribute contains 
the intellectual property of a kernel contributor, in binary form, provided 
that the kernel in question appeared to contain the system having that 
contributor's work.  In other words, that the takedown order would apply
to the binary copy of the kernel they distribute.

(Continue reading)

Karsten M. Self | 1 Nov 2003 04:41
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Re: fwd: [SLL] Fighting evil with evil

on Fri, Oct 31, 2003 at 11:40:12AM -0800, Dan Wilder (dan <at> ssc.com) wrote:
> This suggestion from a local user and sometimes LJ author:
> 
> ----- Forwarded message from Glenn Stone <technoshaman <at> liawol.org> -----
> 
> According to this article in the Register:
> 
> http://www.theregister.co.uk/content/4/33697.html
> 
> The SCO Group has begun distributing Linux under a more restrictive license
> than the GPL.  I do believe they have stepped in the proverbial tar baby.
> Each and every person who has ever written even a one-byte patch to Linux is
> eligible to DMCA-notice them, and their upstream provider when they are
> ignored.  
> 
> If we were to all line up, all bazillion of us, and one at a time serve
> their provider notice and have their bandwidth dropped until such time as
> they correct their error, we could have them down for years!  Or at least
> until such time as the clue-by-four connected with Darl McBride's temple, or
> the SEC gets wise to this whole stock scheme and puts them out of business
> for good.... 
> 
> But anyway.  Any Linux kernel contributor has the right to terminate SCO's
> right to distribute same by citing non-compliance with the GPL, and serve
> DMCA notice that they must cease and desist from providing
> therefore-unlicensed software for download.  

At ten days per request, if appropriately timed.  30 developers == 300
days.  200+ developers == 2000+ days.

(Continue reading)

Michael Shields | 1 Nov 2003 06:30
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Re: fwd: [SLL] Fighting evil with evil

In message <20031031194012.GK22471 <at> ssc.com>,
Dan Wilder <dan <at> ssc.com> wrote:
> ----- Forwarded message from Glenn Stone <technoshaman <at> liawol.org> -----
[...]
> Each and every person who has ever written even a one-byte patch to Linux is
> eligible to DMCA-notice them, and their upstream provider when they are
> ignored.  

Wouldn't it actually be anyone who has written a patch large enough
to have a copyright interest in -- generally considered to be around
twenty lines?
--

-- 
Shields.

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Don Marti | 1 Nov 2003 06:56

Re: fwd: [SLL] Fighting evil with evil

begin Karsten M. Self quotation of Sat, Nov 01, 2003 at 03:41:01AM +0000:

> Frankly, given that copyright is being violated, I'd see it being
> permanently barred.

I would just want to see SCO's counter
notification.  "Our copy of Linux is not infringing
because..."

--

-- 
Don Marti
http://zgp.org/~dmarti
dmarti <at> zgp.org
KG6INA
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Ragnar Hojland Espinosa | 1 Nov 2003 13:55
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Re: fwd: [SLL] Fighting evil with evil

On Sat, Nov 01, 2003 at 05:30:54AM +0000, Michael Shields wrote:
> In message <20031031194012.GK22471 <at> ssc.com>,
> Dan Wilder <dan <at> ssc.com> wrote:
> > ----- Forwarded message from Glenn Stone <technoshaman <at> liawol.org> -----
> [...]
> > Each and every person who has ever written even a one-byte patch to Linux is
> > eligible to DMCA-notice them, and their upstream provider when they are
> > ignored.  
> 
> Wouldn't it actually be anyone who has written a patch large enough
> to have a copyright interest in -- generally considered to be around
> twenty lines?

I got a ~10k file signed with my name.  If someone is kind enough to
instuct me on how/where to DMCA, it will be delivered. 
--

-- 
Ragnar Hojland - Project Manager
Linalco "Specialists in Linux and Free Software"
http://www.linalco.com  Tel: +34-91-4561700
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Justin Keyes | 2 Nov 2003 00:31

Re: Re: Watch Greg dance away from the question I posed.

I forwarded your forwarded post to my lug and it ended up having
a forwarding orgy and I got much more good information that you may want
to note.  [Note especially the 2nd response, as it is from a Red Hat
insider.] Here are both responses...

> This is a very interesting post; thanks!
> 
> I've wondered about this weird slowdown for a while.  It seems to come
> and go (see #4, below).  If you wade through the chain of bugzilla
> reports, it looks like there are four issues discussed:
> 
> 1) the default bdflush settings
> 2) LANG=en_US.utf8
> 3) "service foo start" is different from "/etc/init.d/foo start" but
> should not be.
> 4) Something's wrong with the way the VM handles cache buffers
> 
> #1 is easy to fix.  "/sbin/sysctl -w vm.bdflush="30 500 0 0 2560 15360
> 60 20 0" does seem to smooth things out a bit (response times aren't so
> jerky).  To make this change permanent, put the part after the -w into
> /etc/sysctl.conf.
> 
> #2 is not fixed, but is easy to get around.  I ran "time grep '^'
> /var/log/messages > /dev/null' with various LANG settings.
> With LANG=en_US.UTF-8, average REAL time was 3.380 seconds.
> With LANG=en_US, average REAL time was 0.003 seconds (YES, THAT'S A
> THOUSAND TIMES SLOWER).
> 
> I've filed a report in Bugzilla; they seem to be working on it.  In the
> meantime, 
(Continue reading)

Seth David Schoen | 2 Nov 2003 20:35

Re: fwd: [SLL] Fighting evil with evil

Ragnar Hojland Espinosa writes:

> On Sat, Nov 01, 2003 at 05:30:54AM +0000, Michael Shields wrote:
> > In message <20031031194012.GK22471 <at> ssc.com>,
> > Dan Wilder <dan <at> ssc.com> wrote:
> > > ----- Forwarded message from Glenn Stone <technoshaman <at> liawol.org> -----
> > [...]
> > > Each and every person who has ever written even a one-byte patch to Linux is
> > > eligible to DMCA-notice them, and their upstream provider when they are
> > > ignored.  
> > 
> > Wouldn't it actually be anyone who has written a patch large enough
> > to have a copyright interest in -- generally considered to be around
> > twenty lines?
> 
> I got a ~10k file signed with my name.  If someone is kind enough to
> instuct me on how/where to DMCA, it will be delivered. 

http://www.chillingeffects.org/dmca512/
http://www.chillingeffects.org/dmca512/faq.cgi
http://www.xo.com/legal/sendclaim.html

Sending the 512 notice to SCO itself is not appropriate; it is
supposed to go _to the registered DMCA agent_ at its ISP.

Sending a 512 notice because SCO infringes your copyright may create
standing for them to bring a declaratory judgment lawsuit against you
to try to establish that they have not infringed.  If they choose to
do this and you do not answer their complaint, they can get a default
judgment against you which could permanently eliminate any copyright
(Continue reading)

Karsten M. Self | 3 Nov 2003 01:48
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Re: fwd: [SLL] Fighting evil with evil

on Sun, Nov 02, 2003 at 11:35:55AM -0800, Seth David Schoen (schoen <at> loyalty.org) wrote:
> Ragnar Hojland Espinosa writes:
> 
> > On Sat, Nov 01, 2003 at 05:30:54AM +0000, Michael Shields wrote:
> > > In message <20031031194012.GK22471 <at> ssc.com>,
> > > Dan Wilder <dan <at> ssc.com> wrote:
> > > > ----- Forwarded message from Glenn Stone <technoshaman <at> liawol.org> -----
> > > [...]
> > > > Each and every person who has ever written even a one-byte patch to Linux is
> > > > eligible to DMCA-notice them, and their upstream provider when they are
> > > > ignored.  
> > > 
> > > Wouldn't it actually be anyone who has written a patch large enough
> > > to have a copyright interest in -- generally considered to be around
> > > twenty lines?
> > 
> > I got a ~10k file signed with my name.  If someone is kind enough to
> > instuct me on how/where to DMCA, it will be delivered. 
> 
> http://www.chillingeffects.org/dmca512/
> http://www.chillingeffects.org/dmca512/faq.cgi
> http://www.xo.com/legal/sendclaim.html
> 
> Sending the 512 notice to SCO itself is not appropriate; it is
> supposed to go _to the registered DMCA agent_ at its ISP.

Right.

I'd advise contacting a lawyer in any event.

(Continue reading)

Seth David Schoen | 3 Nov 2003 20:12

Re: fwd: [SLL] Fighting evil with evil

Seth David Schoen writes:

> Sending a 512 notice because SCO infringes your copyright may create
> standing for them to bring a declaratory judgment lawsuit against you
> to try to establish that they have not infringed.  [...]
> 
> The upshot of this is that sending 512 notices isn't, or ought not be,
> risk-free for the sender.

Cf.

http://www.eff.org/Legal/ISP_liability/OPG_v_Diebold/20031103_eff_pr.php

--

-- 
Seth David Schoen <schoen <at> loyalty.org> | Very frankly, I am opposed to people
     http://www.loyalty.org/~schoen/   | being programmed by others.
     http://vitanuova.loyalty.org/     |     -- Fred Rogers (1928-2003),
                                       |        464 U.S. 417, 445 (1984)
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Bob Plankers | 5 Nov 2003 09:54
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Re: Cheeseheads aren't 'Softies: UWisc Mad exited MSFT license June 31, 2003

Yeah, the entire state of Wisconsin might consume 2/3 of the world's
yearly production of brandy, but we do know good from bad sometimes. :-)

I was not directly involved in the contract negotiations (one degree of
separation), and it was six months ago, but it was price increases and
some politics that ended the deal. The UW System had a contract for two
years which provided MS Office, Windows, and various other software to
campus very inexpensively ($20 for Office, etc.). At the time the
alternatives were not what they are today. It was a good deal, even for
people who dislike MS, and hard to pass up. There was a lot of criticism
that we were selling out: "Oh, they'll get you on the hook, and then
you're stuck." Yup -- all companies try that, though. I also seem to
recall that there was some animosity between MS and some key people here
during the negotiation process. While we're a state institution and cannot
make completely arbitrary decisions as a corporation could, a company
probably should not make their customers start thinking of alternatives,
especially during negotiations.

I am not familiar with the deal that the rest of the UW System achieved.
Madison departments can still get Microsoft products under their Select
licensing programs, just at a higher cost to us ($590 or so for Windows
Server 2003 and three years of software assurance/support). This is closer
to the rest of our OSes -- for example, we've begun to use Red Hat
Enterprise Linux, rather than the free Red Hat Linux/Fedora. With the
pricing closer to each other people stop being blinded by "free" and ask
good questions about security, reliability, and cost of their servers over
time. Ironically, AIX and Solaris are free for our use (gotta have the
special hardware, of course)[1]. And Apple Mac OS X use is growing, too
(especially with Panther and Samba 3).

(Continue reading)


Gmane