[SATLUG] Dell Hope & Litigation

[scs at worldlinkisp.com]

> Thomas Cameron wrote: <snip>
It is easy today to say "oh the SCO thing was a bunch
of nothing."  At 
the time, it *significantly* impacted the commercial
uptake of Linux.

Even today, many many more C-level execs are familiar
with Microsoft 
than with Linux.  When they hear Microsoft make
statements about patent 
violations and the like, they listen.  To blithely
poo-poo the risk of a 
commercial distro making patent-protected software
available is stupid.

Just because it isn't new FUD doesn't mean it isn't
effective FUD. <snip>
If anyone sued a Linux distro maker, it would
probably drag on for ages, 
and during that time opponents to Linux would be
shouting from the 
rooftops that Linux is going away.  If you don't see
how this would have 
a chilling effect on Linux success, you need to read
a little more about 
the history of BSD.

> What court system would they sue under? 

It doesn't really matter.  The US or Europe, either
way this kind of law 
suit is hugely damaging, win or lose.

 > If the servers hosting the
> patented stuff is outside the jurisdiction of the
patent, then how can a
> patent holder really sue? 

It doesn't matter where the servers hosting the IP
violating codecs are. 
  What matters is the intent of the Linux distro
maker.  If there is 
even a small chance that it can be proven that the
intent of the distro 
maker was to cause the illegal distribution of patent
encumbered 
technology, do you think for a second that Microsoft
wouldn't quietly 
fund another lawsuit like they did with SCO?

Let me make clear:  I don't think that this would be
a winnable lawsuit, 
but this is not about winning such a suit.  It is
about muddying the 
waters around Linux.
-----------------------------------------------------
Agree with Thomas, CEO'S CFO'S and CIO's are
skiddish.  There's an 
interesting example of what litigation can do in
Oracle's current 
lawsuit(s) against SAP alleging theft of proprietary
data and 
copyright material (by SAP's " Tomorrow Now" subsidiary).

Oracle is using litigation to contain and destroy
SAP's growing customer 
base (ala Microsoft), and also to drive SAP's stock
price down to an 
price level whereby takeover would be both profitable
and easy for Oracle.
  
Ellison is as ruthless as Gates, he wants it all and
doesn't care how.  
Would be interesting to put Larry and Bill in a bag,
shake it a few times,
and see who comes out in one piece.