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Feature: Legal

ESR: Linux community stands behind AutoZone

By Eric S. Raymond on March 03, 2004 (8:00:00 AM)

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To: Steve Odland, President and CEO of AutoZone
The Linux community, and the wider open-source software movement of which it is a part, learned this morning that SCO is suing AutoZone, Inc. (and DaimlerChrysler Corp.) over alleged IP violations related to its move from SCO Unix to Linux. We regret that you have become the latest victim in the campaign of barratry, fraud, and stock-kiting that SCO has been waging. We want you to know that you are not alone, and that you have in fact just made a great many friends.

Our news channels and Web forums are already full of people urging everybody to go buy something at AutoZone, even if it's as trivial as an air freshener -- that could be several million new customers for you. You're also in the same corner with corporate powerhouses like IBM and cutting-edge outfits like Red Hat Software. These companies and others have already set up common legal defense funds in anticipation of further SCO attacks

SCO has filed a complaint around allegations that were denied in public and on the record two weeks ago by the former AutoZone employee who led your move to Linux. To those of us who have been following SCO's $5 billion lawsuit against IBM for the last year, this is unsurprising; they have yet to produce credible evidence or even settle on a coherent legal theory in that case, either.

Accordingly, we urge you to fight this lawsuit with every effort you can muster. It's the right thing to do by AutoZone's shareholders, and more generally as well. Thoughtful people everywhere are seeing in meritless IP lawsuits an increasing drag on innovation and economic health. AutoZone can both serve its own interests and do good by helping make such parasitic tactics generally unprofitable.

We'll be with you -- and that "we" includes a lot of expertise on the technical, legal, and historical issues bound up in SCO's lawsuit. If there is any assistance that I personally or the Open Source Initiative can reasonably provide, please do not hesitate to ask.

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on ESR: Linux community stands behind AutoZone

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Suggestion to Autozone:Stock up on Tux merchandise

Posted by: David Mohring on March 04, 2004 03:52 AM
Any items that are based around the image or form of a penguin, stock up and prominently display.

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Re:Suggestion to Autozone:Stock up on Tux merchand

Posted by: Daniel Watkins on March 04, 2004 04:31 AM
Who votes we start sending free Tux memorabilia to Darl and his pals?<nobr> <wbr></nobr>:D

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go eric!

Posted by: shastafir on March 04, 2004 04:32 AM
i'm standing on my chair reading this thing screaming "right on!"

it's nice to see the OS community come together. i'll be watching this closely...

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Moses Speaks -- Too Soon Maybe?

Posted by: Anonymous Coward on March 04, 2004 04:49 AM
Before you go backing someone, how about getting a few facts of the case first Eric! Until then, we don't know if there is a case or not. Surely there hasn't been enough details brought to light yet, and if past tactics are followed, we aren't likely to see any, any time soon. But, these cases may also be FUD curve balls having some minor merit that can be spun against Linux. Blindly backing them just because their oposition is SCO is stupid knee jerk reactions.
Having said that, it's likely though, that this is just more vacuous ramblings from these moral less idiots. Let's hope, but calm down there rocky.

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Re:Moses Speaks -- Too Soon Maybe?

Posted by: Incabulos on March 04, 2004 06:15 AM
You complain that facts of the case are lacking? Given that SCO have themselves over the past few days announced they will be sueing their customers over the alleged IP infringement in Linux, there does not seem to be any ambiguity over _why_ they are taking action. The 'facts' of the infringement itself is something that has been in the public eye for a long time now, and it is abundantly clear that SCO cannnot justify the claims they have made in any credible fashion. Indeed, there is rock-solid evidence to the contrary.

 

  All in all, complaining about judging SCO on a lack of facts, calling it a 'stupid knee jerk reaction', and so on seems to me to be an absurd claim - the facts over the claim have been chewed over and debated on sites like groklaw and<nobr> <wbr></nobr>/. for nearly a year now!

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Whoa, Sparky!

Posted by: Anonymous Coward on March 04, 2004 12:31 PM

Even if you or anyone else doesn't know if there's a case yet, it's safe to say that AutoZone is going to have to act as though a case has been made against them. Their legal group will be looking for information to defend against SCO's complaint. If Raymond can work to coordinate the lining up of experts who can debunk SCO's claims then I say more power to him. Granted: I wouldn't say that Eric Raymond would be the best person to get deposed or testify in court. But I'm sure he's got more to offer than 99.99% of the people who post knee-jerk reactions to seeing his name in print. Let's lighten up.

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No moral high road here ...

Posted by: Anonymous Coward on March 04, 2004 04:59 AM
It seems as though the mouth peice of the OpenSource world can also be slanderous

"barratry, fraud, and stock-kiting"

is the same sensationalism just from a different side. The OpenSource world can try all it wants to dispell FUD, but casting mud back makes it a mud fight and both sides get just as dirty.

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Not Casting Mud

Posted by: Anonymous Coward on March 04, 2004 05:15 AM
By using those words, ESR just seems to be saying SCO is indulging in mud-casting rather that actually casting mud back at them. UNLESS there is evidence to back up SCO's claim, there are a dozen nouns one can use to call SCO.

If someone called you an a55h0le without saying why, wouldn't you have a few words to say (without necessarilly slinging back mud)?

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Re:No moral high road here ...

Posted by: Anonymous Coward on March 04, 2004 08:01 AM
I guess Darl McBride does read NewsForge after all...

Oh and BTW, ESR is using the correct terms in the proper manner. GO ask a real attorney.

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ugh.

Posted by: MikeX on March 04, 2004 05:37 AM
As a member of the Linux/Open Source community, I would like to declare that Eric Raymond does not speak for me.

It really bugs me that he elected himself king and assumes that we are all homogeneous and on a united front. We aren't. It doesn't matter if I agree with him or not, he doesn't speak for me. Ever.

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Re:ugh.

Posted by: Anonymous Coward on March 04, 2004 06:23 AM
it looks like someone's ego is hurt more than anything here. "doesn't speak for me ever..."

*laugh*

let the record show that ESR doesn't speak for MikeX ever. I hope your feelings are back in order so you can think about more sophisticated things than your singular recaction to worldly events.

and as i reread this, the same goes for me too!

simon

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Ordinarily...

Posted by: Anonymous Coward on March 04, 2004 09:41 AM
Neither for me. But in this case, yes, I'm with him. And my voice won't be heard, his will, as he's famous.

So thanks, ESR. After so many, many, tons in fact, of stupid people still using Windows while being able to switch (and I know not everyone can switch OSes), I cannot help but think Autozone are clever guys and that such attack to them is coward.

Good luck to them!

You know what? I have never heard of Autozone before (I live in Brazil); I hope they get lots and lots of free marketing because of this and get a lot richer in the end.

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Re:Ordinarily...

Posted by: Anonymous Coward on March 04, 2004 08:17 PM
I think the point is that ESR might do the cause of Linux more good by stating facts ( "I support you", "The board of<nobr> <wbr></nobr>... support you" ) and not claiming ( "We support you" ) to speak for a community who have not chosen him as their spokesman.
He's a gun nut FFS.

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Re:Ordinarily...

Posted by: MikeX on March 05, 2004 02:12 AM
That's exactly what I was trying to say.

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shills

Posted by: Anonymous Coward on March 04, 2004 06:07 AM
looks like we have a plesent turn out of shills.

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Re:shills

Posted by: Anonymous Coward on March 04, 2004 04:26 PM
Along with the usual turnout of yes-men.

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Linux community stands behind AutoZone

Posted by: russm on March 04, 2004 06:25 AM
Kind of agree with MikeX (161872) abourt Eric not speaking for me.

IANAL but right from the off I've wondered how close to FRAUD the SCO claims are.

They will not tell the possible infringers of copyright what they have infringed.

They clainm a protective license (against being sied by THEM but no one elese) based on<nobr> <wbr></nobr>........ (Sorry missed what evidence they had.)

Now they take an end user (not normally liable in copyright cases) for porting their own code when they lost the supoprt contract.


So far their losses have been fees to the legal profession to legitimise(?) their claims,


Sorry but even though IANAL this has more in common with a 419 scam than a 'real' legal claim.


Hey IF(?) I'm wrong sue me too but from what I've seen they sould be done for FRAUD and INSIDER TRADING.

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My First Thoughts Exactly

Posted by: Anonymous Coward on March 04, 2004 10:15 AM
With claims as nebulous as the SCO Group's -

http://ir.sco.com/ReleaseDetail.cfm?ReleaseID=1<nobr>2<wbr></nobr> 9978

Quote<nobr> <wbr></nobr>:

SCO's lawsuit alleges the following:



* AutoZone violated SCO's UNIX copyrights by running versions of the

Linux operating system that contain code, structure, sequence and/or

organization from SCO's proprietary UNIX System V code in violation of

SCO's copyrights.


Closequote.



And let's look at this:

http://news.com.com/2100-1014-5168921.html

Quote:

In the AutoZone suit, SCO sets out details of several Linux technologies it believes infringes on its System V Unix copyrights. The list includes many basic parts of operating system functions: System V static shared libraries; System V dynamic shared libraries; System V interprocess communication mechanisms including semaphores, message queues and shared memory; enhanced reliable signal processing; System V file system switch interface; virtual file system capabilities; process scheduling classes, including real-time support; asynchronous input/output; file system quotas; support for Lightweight Processes (kernel threads); user level threads; and loadable kernel modules.

Closequote.



Tell me, what Operating System that isn't specifically derived from the CPM from which MS-DOS, PC-DOS and DR DOS derive, and in turn Win9x, doesn't fall under those statements. VMS, anybody? z/VM? z/OS? QNX? Windows XP? Apollo? Multics? Music?



it is an act of cowardice to NOT support those defamed in such a way.



Wesley Parish

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Moses Speaks Part 2

Posted by: Anonymous Coward on March 04, 2004 04:33 PM
The Linux community is still recovering from Eric Raymonds last Knee Jerk Blunder of admitting to Darl McBride that a member of the Linux community initiated a DDOS attack on SCO based only on a double blind anonymous phone callers say so.That incident is reported over and over in the press as proof of a community based attack of SCO. This article "Rob Enderle Zealot MicroEvangelist, Here is Eric S Raymond's Confession", at OsViews top 100 section. http://www.osviews.com/modules.php?op=modload&nam<nobr>e<wbr></nobr> =News&file=article&sid=363&mode=thread&order=0&th<nobr>o<wbr></nobr> ld=0
tells the story, complete with audio.
SCO's war, is based on FUD and public perception. Not provable facts, so anything that is said by anyone in the Linux community that can be twisted to look in favor of SCO, will be used by SCO in their public relations blitz. So, any minuscule faux pas on the part of Auto Zone in their upcoming case would be spun as a great victory and vindication of SCO, and the ESR led public backing of Auto Zone could/would be used as evidence of the anarchist/angry mob persona, SCO would like to pin on the Linux community.
Eric S. Raymond has a recognizable, quotable name in the Linux community. Anything he says can and will be used against us in the court of public perception. His proclamations on behalf of the entire Linux community should stop, and he should stick to code and ranting about GUI's, and leave the legal and public relations matters to those better suited to the task. Like Groklaw and Linus Torvalds.

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Re:Moses Speaks Part 2

Posted by: andrecaldas on March 04, 2004 09:33 PM

Sorry, I fail to see how come Linus is better suited for legal matters or public relations.

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I'm a new Autozone customer

Posted by: Anonymous Coward on March 04, 2004 11:55 PM
We made our first purchase yesterday, March 3rd, after the news broke. Purchased a car cover.

We'll be back for a couple hundred dollars worth of parts in the next few weeks. These purchases would have gone to Strauss Discount Auto and a local parts supplier, but Autozone will be getting my family's purchasing going forward.

Don't fsck it up by mishandling our personal info, or you'll lose us just as fast.

And as for EV1, fsck you too!

Actually, I don't plan on leasing a server in the near future, so that may not matter to you. But what will matter is that I'll be digging and tracerouting to blacklist as many of your customers as possible. I don't buy from McD's anymore because they are a SCO customer, and I do the same with other SCO customers. I'll be doing the same with EV1, and its customers as well. And anyone else who supports SCO financially, or in any other manner.

So if you run your business on an EV1 hosted server, and you can't figure out why your site is not accessible to some customers, and you can't figure out why your emails don't reach some customers, maybe you should consider switching hosting companies. Because I'm blacklisting your company if you host with EV1.

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Re:I'm a new Autozone customer

Posted by: Anonymous Coward on March 05, 2004 04:54 AM
wait, whats that sound? oh, its the sound of no one caring

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Re:I'm a new Autozone customer

Posted by: Anonymous Coward on March 05, 2004 10:53 AM
I usually shop at Pep Boys, but until the dust settles here I'll support AutoZone...

I need a turn signal, wiper blades, and some other stuff, I'll pick it up at AutoZone this weekend.

The enemy of my enemy is my friend, no?

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AutoZone already has my business

Posted by: Anonymous Coward on March 06, 2004 01:31 AM
Fwiw, if anyone hasn't shopped there already, I suggest you check it out for an even more basic reason: their prices are great, and they offer lifetime warranties on many of the major parts they sell.

And to top it all off, they can do a free OBD-2 reading on your vehicle (if so equipped), AND, they have tons of specialized "loaner" tools available. Need a tie rod puller? Go to AZ, slap down some cash (as a guarantee you'll return it within 90 days), and use it. When you return it, you get your money back.

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