We're clean: SCO tells Aust competition watchdog

By Iain Ferguson
10 October 2003 01:10 PM
Tags: linux, sco, iain, ferguson, accc, source, open, refute
The SCO Group's Australian and New Zealand general manager, Kieran O'Shaughnessy, confirmed today the organisation had written to the Australian Competition and Consumer Commission to refute complaints made against it by open source advocacy group Open Source Victoria.

While declining to comment on the specifics of the SCO Group's response, O'Shaughnessy confirmed "we have refuted that SCO is doing anything improper or is in breach of Australian trade practices legislation".

O'Shaughnessy said the reply had been forwarded to the ACCC last week after the regulator had sought the SCO Group's perspective on the complaint from OSV. OSV had argued that the vendor's call for commercial users of Linux to purchase licences to legitimise their use of the open source software breached those provisions of the Trade Practices Act dealing with misleading and deceptive conduct. The company claims Linux infringes on its intellectual property rights associated with Unix and sees the licensing program as a way of recovering compensation from companies who are exploiting the open source software.

O'Shaughnessy said the ball was now in the ACCC's court and stressed the regulator had not yet launched a formal investigation. However, he added that the vendor still intended to make the licences available to commercial users of Linux in Australia by the end of the current calendar year.

Talkback 6 comments

    Only the ACCC can say if SCO i ...Anonymous -- 10/10/03

    Only the ACCC can say if SCO is 'clean'. I'm sure they all claim to be 'innocent'.

    What SCO is trying to do is the equivalent of hitting tennants up for rent, when they hold no rights to do so or have any proof that they own any part of the property.

    In essence, it's a scam.

    Each company invoiced for Linu ...John Alan Swanson -- 11/10/03

    Each company invoiced for Linux license should challange SCO in court. SCO can not fund thousands of court cases at the same time.

    >SCO can not fund thousands ...Anonymous -- 11/10/03

    >SCO can not fund thousands of court cases at the same time.

    That's true , but its not how I want to win the case. The reputation of OSS is being muddied by all of this, and shooting the plaintiff in the head before the case starts isn't going to restore it. Only winning the court case will. And it will be far more satisfying.

    Once the case is won, and SCO is proven to have lied , then we can kill off SCO and throw their executives in jail.

    If SCO will present (1) the fi ...Rick Stockton -- 11/10/03

    If SCO will present (1) the filenames, and line numbers within those files, which they claim to be their property; and (2) what 'preponderance of evidence' they offer to demonstrate that this code was not independently created, then Austrailian authorities have something to review.

    If they will not present evidence, then SCO must STOP maligning the reputations of Linux contributors, whom they have labed to be 'incapable' of programming features such as NUMA. And, they must STOP threatening end users with these bizarre claims that they have to 'license' SCO's totally undefined and unsubstantiated 'Intellectual Property'. (End Users already have a license, it's called the GPL, and they can see exactly what code is covered by this license.) They must STOP harming the business of Linux Distributors, Support Organizations, Progmrammers, and vendors of hardware suitable for Linux.

    If they do not/will not provide evidence which which convincingly substantiates their claims, they should be held accountable for damages they have already caused, and perhaps held responsible for punitive damages as well. If you're going to claim that other peoples' copyrighted work was actually stolen from you, you certainly need to identify the property in question. And then, you need to show that you wrote it first, and that you never voluntarily released it into the public domain. I am confident that a vast majority of the code which SCO claims to be "infringing" will fail more than one of these tests. Linux developers will be delighted to have the opportunity to remove any code which is shown to be SCO's: just show us what the heck is this code code you're claiming to be your property. If it's yours, we DON'T WANT IT!!

    Slinging mud about "millions of lines of code", which is mathematically IMPOSSIBLE, is character assasination. (SCOX says that Linux 2.2 doesn't infringe, but there are "millions" of lines of infringing code in Linux 2.4. However, Linux 2.4 doesn't contain "millions" of lines of new code over the 2.2 code base. SCO appears to be lying.) This character assassination, and SCO's long-standing refusal to offer any evidence in support of these damaging and outlandish claims (except under a bizarre "NDA" where the viewers are not allowed to state their conclusions, and are not even allowed to look at any documents other than those provided by SCO for 'comparison'), deserve appropriate sanctions and punishments. 'Free Speech' doesn't provide for stealing things which aren't yours and abusively lying about people who are not political figures.

    14 days to show source to ACCC ...Leon Brooks -- 12/10/03

    14 days to show source to ACCC? We can only hope. I'd be startled if SCOX's "evidence" doesn't shrivel up like a vampire when it gets exposed to the light of day.

    I have a copy of the SCO linux ...MrDamage -- 12/10/03

    I have a copy of the SCO linux kernal, which i downloaded for free from their web site on 9/8/03, well after their claims were made. This SCO version also contains the "pirated" code.
    Now, if SCO are allowing people to download their GPL'd version of the linux kernal, then they do not have a leg to stand on.

    If anyone from the ACCC is interested in a copy, drop me a line.

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