[linux-elitists] fwd: [SLL] Fighting evil with evil

Dan Wilder dan@ssc.com
Fri Oct 31 16:57:31 PST 2003

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.

Because the GPL is the only license that gives SCO the right to distribute
said intellectual property, and because they're in violation in that they
impose additional conditions forbidden under the GPL and in that they 
fail to make available the source as required by the GPL, they've no right 
to distribute the kernel.

Dan Wilder

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