Mar 03, 2004
3:04 PM EDT
|I was wondering something, we know that EV1Servers.net took the SCO license. Maybe the FSF should sue EV1Servers.net for violating the GPL License, any license that SCO distribute must, to some degree, go against the GPL and as such EV1Servers.net is in violation. This would force EV1Servers.net to remove all Linux servers and replace them with something else. And they will have paid a good amount of money for nothing. This will hopefully prevent others from buying the SCO license until the issue is resolved. I mean they are dammed if they do dammed if they don’t, you go in front of a judge ant tell him/her “I am not in a position to say if there is IP violation, if they prove there case I will do what I must, but for now I am not the party that should be here. I will not open my company or me to another lawsuit by buying a license from them”.
Mind you M$ may take this as an opportunity to say “see you would not have this problem with us” and a few weeks later when enough people move to M$ Windooz, Darl moves to Redmond and become VP of propaganda for M$ ...
Mar 04, 2004
6:17 AM EDT
|If you partake in this childish behavior, you become as guilty as SCO. FSF should sue no one. EV1Servers.net has a responsibility to its customers and those customers should not have to suffer because of a problem EV1Servers.net has with another company. It may have been a bad decision, but I don't think it would be appropriate to attack them. Perhaps educate them to break the license (if possible), but EV1Servers.net is on our side, even though they might have a lesson to learn.|
Mar 12, 2004
11:13 AM EDT
|EV1Servers.net, without the most of its customers consent, signed a license agreement with the SCO Group.
If you are an EV1Servers.net customer with a Linux hosted server with root access, you could effectively Catch 22 the company with a GPL Vs SCO licensing paradox.
The terms and conditions of The SCO Group's Intellectual Property Licence conflict with the SCO Group obligations to downstream recipients of works received and distributed under the GPL license.
The terms and conditions of The SCO Group's Intellectual Property Licence also conflict with licensees obligations to downstream recipients of works received and distributed under the GPL license, if that licensees provides customers with read access to the binaries and/or source code.
Both parties are making use of derived works under the terms of the GPL. They are obligated to provide the source code under the terms of the GPL if they make the binaries available to the customers.
EV1 provides hosted web servers with pre-installed Linux (RedHat Enterprise) systems with root access for the customers to allow customization. With root access the customer is free to download the Linux kernel binaries. Therefore if EV1 installs the Linux Kernel and provides root access to customers then EV1 are implicitly allowing distribution of Linux kernel binaries to those customers.
1) Log on to your EV1Servers.net hosted Linux web server. 2) Download a copy of the Linux kernel binary and all the modules. 3) EV1Servers.net are making use of derived works under the terms of the GPL. They are obligated to provide the source code under the terms of the GPL if they make the binaries available to the customers. 4) Either EV1Servers.net must provide a copy of the used source code for the cost of the media plus a small duplication fee ; OR EV1Servers must provide the source code on the same system ; OR provide a link to another site that EV1Servers has made a positive arrangement thus ensure that the source will be available there for as long as you keep the binaries available. http://www.fsf.org/licenses/gpl-faq.html#SourceAndBinaryOnDi... 5) Any such arrangement in (4) would be a violation of the SCO Group's License with EV1Servers.net - Catch 22.
EV1Servers.net signing SCO IP license have potentially put themselves at greater legal risk.
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