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Linux Founder To Get Free Legal Counsel In SCO Suit

malebolgia   on 14 November 2003 - 23:47 · 6 comments & 661 views

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Open Source Development Labs, which employs Linus Torvalds, says it will pay its law firm, AterWynne LLP, to represent the creator of the open-source operating system.

Linux creator Linus Torvalds, who was subpoenaed in the SCO Group's $3 billion lawsuit against IBM, will get free legal counsel from his employer. The Open Source Development Labs, which was also subpoenaed Wednesday in the case, said Friday that it would pay its law firm, AterWynne LLP, to represent Torvalds. "We as an organization are taking responsibility for the funding of legal representation for anybody involved with our company as part of this litigation," OSDL spokesman Nelson Pratt said. "Our legal counsel is reviewing the subpoena that was sent to [Torvalds], as well as OSDL as an organization." Asked whether the subpoenas have had any effect on OSDL operations, Pratt said, "The answer is, no." OSDL said in a statement that the subpoenas requested that the consortium and Torvalds produce documents for use in the litigation. Pratt declined to comment further.

OSDL is a consortium established to improve Linux, an open-source operating system that's growing in popularity among companies for running business applications. Members include Alcatel, Cisco Systems, Computer Associates, Dell, Ericsson, Fujitsu, Hewlett-Packard, Hitachi, IBM, Intel, Mitsubishi Electric, Nokia, Sun Microsystems, and Toshiba. SCO filed its suit in March, claiming that IBM violated its Unix contract with SCO by improperly donating Unix code to the Linux kernel. Torvalds is the chief developer of the Linux kernel. IBM has denied the allegations and filed a counter suit.

News source: InformationWeek


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Post a comment · Send to friend Comments · There are 6 additional comments
#1 SomeDork on 15 Nov 2003 - 00:08
It's really hard to quantify code that is stolen, mishandled, or misappropriated when it is in fact public domain. Isn't that the point?

I think this whole lawsuit is just a pile of crap, but it's mostly because while I believe in open source, I don't believe in the business of open source. In order for the lawsuit to succceed, the litigants must show damage, and in order for there to be damage, in this case, there has to be a loss of profit. Again, isn't Linux supposed to be free? I realise that this is really a SCO issue, and they largely aren't a "free unix" organization, but...
(1 reply) #2 slapnuts_ox on 15 Nov 2003 - 01:27
i agree that the lawsuite is crap. SCO has not showed any code to anyone except the exerpt of code thats under the Berkley BSD license and is ALLOWED to be used by anyone. SCO is just trying to raise the stock prices of a failing company and they are using linux as their means to make a lot of money right before the company dies. I mean in the same presentation they claim that the GPL is a horrible license and doesn't work and they are against any product that uses the GPL and then later they say they are using Samba 3.0 in their next unix release. SCO is going down....i just hope its sooner and not later cause it wastes everyones time.
#2.1 mipra on 15 Nov 2003 - 02:09
Agree on that...all of those are just theory per say
#3 armedpyro on 15 Nov 2003 - 03:09
ture dat somedork i say if you can get it, it is yours and he got it so open sorce .. and wat is with a lawsuit they left it opened
(1 reply) #4 MitchShrader on 15 Nov 2003 - 12:29
I rilly like the idea that SCO gets countersued. I REALLY like the idea that they run up huge legal bills and then get bankrupted by a countersuit judgement.. I am gonna use linux on the next box i build cause i like Linus Thorvald. Where do i get my official linuxwannabefanboy t-shirt? yaaay Linus.. boooo SCO. (and you better start worryin, billy, yer NEXT!)
#4.1 slapnuts_ox on 15 Nov 2003 - 17:41
http://www.thinkgeek.com for all your clothing needs

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