Red, Hat Launches Suit Against SCO, Fund To Allay Linux Legal Worries
Red Hat announced Monday that it filed suit against SCO in a Delaware federal court, blasting SCO's "highly publicized but vague, general and unsupported claims that portions of the Linux kernel and operating system contain intellectual property allegedly owned by SCO."
In its filing, Red Hat, charges that SCO's claims--that some of its protected intellectual property has ended up in some Linux code--are untrue and were "solely designed to create an atmosphere of fear, uncertainty and doubt about Linux." Red Hat Linux is one of the largest Linux distributions available.
In March, SCO sued IBM, charging that computer giant had violated the terms of its Unix license by providing unauthorized access to covered source code to the open-source community.
Acknowledging the uncertainty the recent legal maneuvering has caused in the open-source world, Red Hat also said it has pledged $1 million of its own money for the fund and challenged others in the open-source community to pony up as well. The goal is to protect the rights of open-source developers and customers developing under the General Public License (GPL), said Bryan Sims, vice president of business affairs at Red Hat, Raleigh, N.C.
While clearly stung by SCO's actions, Red Hat executives said that what even they call SCO-generated "fear, uncertainty and doubt" hasn't impacted business. "The customers we have right now are committed and moving forward. We just want to make sure we protect the franchise ... and get the facts so we can fix anything if there is anything to fix [in the Linux code]," Sims said.
Many in the open-source community have challenged SCO to offer more detail about specific technology it feels has been purloined.
SCO has said it will absolve commercial users of Linux kernel 2.4.x if they buy from SCO a run-only, binary license for its UnixWare 7.1.3. "That solution gets you clean, gets you square with the use of Linux without the courtroom," said SCO chairman and CEO Darl McBride (see story).
Many Linux backers, notably IBM, have remained mum on the subject of customer indemnification in the face of SCO's legal action. In May SCO warned that customers using offending software might be liable.
Two months later, Microsoft said it would indemnify its customers, assuming their legal bills, if they are sued over intellectual property issues involving Microsoft products. Microsoft had already licensed patents and technology from SCO, in a move that many construed as that company's way to financially back SCO's war on Linux.
That move appeared to ratchet up pressure on IBM to provide similar assurances. IBM has been a huge linux proponent for several years. and the company has studiously avoided the issue of customer indemnification in the face of fears that SCO might come after customers over allegedly illegal use of its source code.
Asked specifically about the issue, IBM spokeswoman Trink Guarino noted that the General Public License, "says very clearly that there are no indemnities or warranties with Linux. Our customers are clear about this and do not ask for it. They understand the terms of the GPL and that no single company owns Linux."