The always present Dan Gillmor is keeping a great weblog of events. So is Doc Searls.
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The NCCUSL is gathering in Tucson, Arizona, from July 26 to August 2 to take care
of standard committee business, consider amendments to several uniform acts, and
be entertained. Red Hat is hoping that the commission will take time to consider
its request to reverse UCITA, even though there’s nothing on the official agenda
about the act that, among other things, “provides a comprehensive set of rules
for licensing computer information.”
Red Hat is objecting to UCITA because, it says, UCITA was crafted for the
proprietary software industry. And Open Source “has created its own set of
practices and norms that differ widely from the commercial rules that UCITA
adopts as the standard. UCITA does not reflect the Open Source community’s
development model, its distribution model, its license terms, nor its general
expectations.”
Red Hat is influential in the Open Source community, but in order to fully
convince the commission that UCITA is not the answer for regulating software
contracts, your help is needed. Find your state in the list below and email your
NCCUSL commissioners to let them know you support the reversal of UCITA. It may
be helpful to use the Red Hat letter as a
guide.
NCCUSL Commissioner Email Addresses
Alaska art@dillonfindley.com Deborah_Behr@law.state.ak.us lsjkj@aol.com wgc@customcpu.com Alabama RepGaines@aol.com rmccurle@law.ua.edu tjones@law.ua.edu bruce@hwnn.com Arkansas jpender@pmppa.com larry@arkleg.state.ar.us david@nixonlaw.com pcarroll@roselawfirm.com jdeacon@barrettdeacon.com Arizona henderson@nt.law.arizona.edu l.lemon@azbar.org tberg@fclaw.com California bion.gregory@ccusl.ca.gov darlinghallrae@compuserve.com elihu2000@aol.com wburke@shearman.com senator.sher@sen.ca.gov nsterling@clrc.ca.gov Pamela_Chin@parsons.com Ronald.phillips@pepperdine.edu williamsrc@aol.com Colorado charley.pike@state.co.us russgeor@sni.net lw2demuth@worldnet.att.net tomg@grimshawharring.com bkreplep@aol.com Connecticut bhawkins@goodwin.com david.biklen@po.state.ct.us john.langbein@yale.edu pavetti@aol.com lmorgan@rjmlawct.com WBreetz@law.uconn.edu District of Columbia bkass@kass-skalet.com cbrookinshudson@dccouncil.washington.dc.us zeldonj@dcsc.gov efdyke@venable.com jamescmckay@yahoo.com Delaware mhoughton@mnat.com ann.c.stilson@law.widener.edu robinsonr@ce.net Florida lstagg@akerman.com ecutl@carltonfields.com ehrhardt@law.fsu.edu hkittles@hklaw.com jessen.linda@leg.state.fl.us jmorse@law.fsu.edu Georgia mwmacy@aol.com rwellman@arches.uga.edu rgm@hbss.net Hawaii ekent@hawaii.edu jachanin@hotmail.com toyofuku@pixi.com hiaglegis@yahoo.com lewart@goodsill.com takayama@capitol.hawaii.gov Iowa cdmahon@aol.com Sheldon-kurtz@uiowa.edu david.walker@drake.edu Idaho dghiger@stoel.com pckm@marshallbatt.com Illinois ctabb@law.uiuc.edu hjs@arnstein.com mbgetty@aol.com r-picker@uchicago.edu richwards@legis.state.il.us tryder@gtec.com tjmccrackenjr@ameritech.net jeremiah@hopsut.com harry_leinenweber@ilnd.uscourts.gov diane_ford@gov.state.il.us Indiana GBepko@iupui.edu S40@ai.org mts@starkey-law.com hpatchel@iupui.edu Kansas elpom@networksplus.net mroneal@southwind.net zzconc@washburn.edu temert@terraworld.net hite@hitefanning.com Kentucky dcetrulo@email.msn.com scawood@mmlk.com johngillig@lrc.state.ky.us john.spangler@lrc.state.ky.us wswilborn@aol.com Louisiana guillotj@legis.state.la.us henry.gabriel@sstar.com wdh3770@aol.com Massachusetts smithee@bingham.com stephen_chow@pscboston.com Maryland kingwebnet@aol.com Maine Bcoggeshall@PierceAtwood.com rrobinson@rkmlegal.com marsulu4@aol.com Michigan arichner@house.state.mi.us ggulliver@lsb.state.mi.us jjwhite@umich.edu rwebster@clarkhill.com sencdingell@senate.state.mi.us Minnesota HARRYMW@msn.com robertstein@staff.abanet.org mndavies@aol.com harriet.lansing@courts.state.mn.us hhaynsworth@wmitchell.edu michele.timmons@revisor.leg.state.mn.us Robert.Tennessen@gpmlaw.com Missouri jfarnold@lashlybaer.com englishda@missouri.edu mferry@gatewaylegal.org fryp@missouri.edu heinszt@missouri.edu henningw@missouri.edu Mississippi tbeck@mail.lbo.state.ms.us ncarlton@ltindall.com navyjag@aol.com iq.attys@usa.net pwatson@mail.house.state.ms.us hooper@olemiss.edu smdavis@olemiss.edu Montana eck@selway.umt.edu gpetesch@state.mt.us Jcnelson@state.mt.us jmazurek@state.mt.us North Carolina mbenfield@compuvision.net flewis@mail.jus.state.nc.us rbillings@law.wfu.edu snichols@mail.jus.state.nc.us wnj@coa.state.nc.us russell.walker@ncisd.nc.us North Dakota oanderson@ou.edu dhogue@ndak.net jburingr@state.nd.us mike.unhjem@bcbsnd.com wstenehjem@aol.com lklemin@state.nd.us Nebraska abeam@ce8.uscourts.gov hsperlman@unl.edu mgmlawnp@nponline.net jpepperl@unicam.state.ne.us ruth@nol.org New Jersey jdonegan@prsmo.com New Mexico ciscolaw@hotmail.com desiderior@law.unm.edu jpburton@rodey.com pplarragoite@hotmail.com paula.tackett@state.nm.us mlo1@7cities.net Nevada fdaykin@lcb.state.nv.us erdoes@lcb.state.nv.us mjames@sen.state.nv.us wasserman@lcb.state.nv.us New York jvigdor@boylanbrown.com rlong@cglawllp.com rsmith@dpw.com SSternLaw@aol.com normlg510@aol.com Ohio AttyBoris@aol.com lee_mccorkle@wendys.com rogers.23@osu.edu sfisher@arterhadden.com w-evans@onu.edu Oklahoma duchessb@swbell.net lwhinery@ou.edu Oregon Gregory.A.Chaimov@state.or.us jwillis@schwabe.com mwalters@wrcdlaw.com Pennsylvania creitz@law.upenn.edu jsheehan@state.pa.us stuckey@state.pa.us haf3@psu.edu poulin@law.villanova.edu Rhode Island cmassouda@rilin.state.ri.us judge_William_Hillman@mab.uscourts.gov South Dakota glebrun@lynnjackson.com Law@DemJen.com scott@jhmmj.com dgregers@wfss.com Tennessee ctrost@wallerlaw.com ellen.tewes@legislature.state.tn.us rclark@armstrongallen.com Texas htindall@tindallfoster.com leonard.reese@tlc.state.tx.us rsatterwhite@stubbemanlawfirm.com mmpc@texoma.com p.guillot@airmail.net marianne_auld@baylor.edu Utah RMartineau@SCMLAW.com Virginia emiller@leg.state.va.us pamela_sargent@vawd.uscourts.gov ccring@ober.com jfrench@leg.state.va.us ktaylor@t-mlaw.com Virgin Islands ytharpes@mail.senate.gov.vi tbolt@vilaw.com Vermont cgravel@gravshea.com clisman@lisman.com lsmiddy@vermontlaw.edu rcassidy@hoffcurtis.com daglaw@sover.net Washington J_m.appelwick@courts.wa.gov raron@u.washington.edu usmjcimbr@hotmail.com cooper_de@leg.wa.gov Wisconsin bruce.munson@legis.state.wi.us ljbugge@itis.com peter.dykman@legis.state.wi.us Rep.Gundrum@legis.state.wi.us Sen.George@legis.state.wi.us Sen.Huelsman@legis.state.wi.us West Virginia fordlaw@inetone.net jmcclaugherty@jacksonkelly.com stamps4@aol.com
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According to IDC, Linux server software experienced 24 percent growth in Brazil last year, compared to 21 percent growth for Microsoft Windows server software.
“Expanding our relationship with Conectiva was a natural extension of the UnitedLinux initiative,” said Darl McBride, president and CEO of Caldera. “With 70 percent of the Linux market share in Latin America, Conectiva is in a better position to more economically and efficiently service the business customers in this important market. This also facilitates business with customers and partners who need to seamlessly deploy business solutions throughout the Americas by facilitating a united product, service and support model.”
“This contract is extremely important for both companies,” said Sandro Nunes Henrique, Conectiva’s director. “Working together, we will provide customers with greater products and services than our two companies could have provided separately. This way, IT executives will benefit with more confidence in their technology and the companies providing that technology. We are making it easier for decision making with regards to their systems in Brazil.”
“As one of Caldera’s main business partners in Latin America, OS&T is very excited about this new partnership with Caldera and Conectiva,” said Rosangela Martins, president of OS&T Informatica Ltda, a long-time Caldera reseller in Brazil. “Through this relationship we can more easily harness the strengths of Linux and UNIX for our customers.”
For more information on Caldera, Conectiva, and UnitedLinux, customers should visit www.unitedlinux.com, contact Caldera at www.caldera.com or call Caldera’s headquarters at 801-765-4999.
Conectiva
Conectiva S.A. is a private company specializing in services, development and distribution of the Linux operating system in Latin America. The Company has received investments from ABN AMRO Bank and LatinTech Capital. Conectiva has a network of partners, the Conectiva Business Channel, that offers support, consulting and training throughout the region. The Company commercializes and implements solutions based on open source software in vertical markets, corporations, educational and other governmental entities. Conectiva is a Brazilian company, based in Curitiba, Parana, with offices in S?o Paulo, Rio de Janeiro, Curitiba, Brasilia and Porto Alegre.
Caldera International, Inc.
Caldera International (Nasdaq: CALD) provides “Powerful Choices” for businesses through its UNIX, Linux and Volution product lines and services. Based in Lindon, UT, Caldera has representation in 82 countries and 16,000+ resellers worldwide. Caldera Global Services provides reliable localized support and services to partners and customers. For more information on Caldera products and services, visit http://www.caldera.com.
Caldera, the Caldera logos, Caldera Volution, OpenLinux, SCO and the associated SCO logo, and SCO OpenServer are trademarks or registered trademarks of Caldera International, Inc. in the U.S. and other countries. Caldera Global Services is a service mark of Caldera International, Inc. UNIX and UnixWare, used under an exclusive license, are registered trademarks of The Open Group in the United States and other countries. Linux is a registered trademark of Linus Torvalds. Microsoft and Windows are registered trademarks of Microsoft Corporation. All other brand or product names are or may be trademarks of, and are used to identify products or services of, their respective owners.
Forward Looking Statements
The statements set forth above include forward-looking statements that involve risks and uncertainties. The Company wishes to advise readers that a number of important factors could cause actual results to differ materially from those in the forward-looking statements. These factors include the ability of the Company to successfully meet its revenue projections, which are based in part, on the continued acceptance in the marketplace of the historical products of the acquired operations; the ability of the Company to develop and successfully introduce products integrating its products and services with those historically offered by the recently acquired operations; the ability of the Company to continue to manage its cost reductions without adversely affecting customer service and employee productivity; the ability of recently introduced and new products to operate as designed, including compatibility with various platforms in the absence of other defects; the Company’s reliance on developers in the open source community; new and changing technologies and customer acceptance of those technologies; the Company’s ability to compete effectively with other companies; failure of our brand to achieve the broad recognition necessary to succeed; unenforceability of the GNU general public license and other Open Source licenses; our reliance on third party developers of components of our software offerings; claims of infringement of third-party intellectual property rights; and disruption in the Company’s distribution sales channel. These and other factors, which could cause actual results to differ materially, are discussed in more detail in the Company’s filings with the Securities and Exchange Commission.
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Sponsored by Reps. Howard Berman, D-Calif., and Howard Coble, R-N.C., the measure would permit copyright holders to perform nearly unchecked electronic hacking if they have a ‘reasonable basis’ to believe that piracy is taking place. Berman and Coble plan to introduce the 10-page bill this week.”
Read the Release:
http://www.realnetworks.com/company/press/releases/2002/xiph.html
Read the Release:
http://www.realnetworks.com/company/press/releases/2002/xiph.html
Read the Release:
http://www.realnetworks.com/company/press/releases/2002/xiph.html
* * * *
I write to you on behalf of Red Hat, Inc., a software services company
which also distributes the open source operating system Linux.We are making what we appreciate is an extraordinary request – THAT YOU
REVERSE THE 1999 DECISION TO ADOPT UCITA.
UCITA was written for the proprietary (commercial, for profit) software
industry. It does not reflect the practices of the open source
community, nor the expectations of parties to an open source
transaction.
Open source software is primarily written by communities of users, often
through non-profit organizations. Open source software can be freely
copied, freely modified and the source code is freely available to
enable users to do so. All copies can be freely redistributed.
This means that everyone is free to service, adapt, fix bugs and write
compatible software. The developer has no monopoly on servicing the
product.
Because open source software can be freely distributed, the distributor
may have no contractual relationship, or indeed even know many of the
authors of the code which it is distributing.
UCITA is written for transactions involving a single license, where an
agreement is concluded, where the distributor has a direct or indirect
contractual relationship with the developer, and where there are profits
to support warranties. Many open source software transactions do not
conform to this model in any respect.
The open source community has created its own set of practices and norms
that differ widely from the commercial rules that UCITA adopts as the
standard. UCITA does not reflect the open source community’s
development model, its distribution model, its license terms, nor its
general expectations.
UCITA may bring certainty to software licensing law, but only for
proprietary software distributors.
NCCUSL should not adopt a law with default terms which, if applied to an
open source transaction, would convert it into a proprietary transaction
against the will of the user and the distributor.
NCCUSL should not adopt a law which threatens the existence of an
important and growing alternative in the software market.
By adopting proprietary practices as the norm, UCITA attempts to force
open source to conform to a model based on profits and warranties.
This
would destroy open source.
It is not for NCCUSL to decide which form of software development and
distribution to legally validate. NCCUSL SHOULD EITHER LEGISLATE A
SOFTWARE LAW WHICH REFLECTS BOTH PROPRIETARY AND OPEN SOURCE PRACTICES,
OR IT SHOULD REFRAIN FROM LEGISLATING.
Red Hat respectfully requests that you vote to reverse the previous
adoption of UCITA.
Sincerely,
Carol A. Kunze, Esq.
901 Cape Cod Ct
Napa, CA 94558
707.966.5211
fax 707.371.1807
ckunze@ix.netcom.com
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“MontaVista Software is a leading vendor of embedded Linux software products,” said Sam Fuller, president of the RapidIO Trade Association. “Its membership and participation in the RapidIO Trade Association ensure that embedded Linux-based systems will be able to take advantage of the advanced system capabilities that RapidIO provides.”
“RapidIO clearly has the advantage in open standards-based switch fabric interconnect,” comments Kevin Morgan, MontaVista vice president of engineering. “By providing an open implementation for RapidIO in embedded Linux, and by supporting leading hardware implementations of RapidIO, MontaVista will lay the groundwork for next generation communications systems designs.”
MontaVista Software enjoys a unique and dominant position in the embedded marketplace, in part through its focused support for technologies from key silicon vendors and systems suppliers like IBM, Intel, Motorola, TI, and key members of the ARM and MIPS consortia. Embracing RapidIO continues and reinforces this strategy of encompassing the embedded hardware ecosystem from the silicon up through board and system designs.
“MontaVista Software’s commitment to RapidIO complements the close working relationship between IBM and MontaVista to support IBM PowerPC processors,” commented Kalpesh Gala, PowerPC strategic marketing manager, IBM Microelectronics. “As a major supporter of open Linux systems, IBM applauds MontaVista Software for being the first Linux company to join the RapidIO group.”
MontaVista Linux and RapidIO
RapidIO is a logical extension to the widely-deployed MontaVista Linux Professional Edition, where MontaVista Software expects to see design wins with RapidIO in a variety of networking client devices, and to the recently announced MontaVista Linux Carrier Grade Edition, targeted at highly available, high performance telecommunications and networking infrastructure applications.
About the RapidIO Trade Association
The RapidIO Trade Association is a non-profit organization, with headquarters in Austin, Texas, which was formed to drive the adoption of an open standard, high-performance interconnect architecture. Since incorporating in June 2000, the association has grown to more than 50 member companies worldwide. Membership provides early access to specifications, the ability to propose changes to RapidIO standards, and the opportunity to actively participate in the adoption process. A complete list of member companies, RapidIO specifications and technical information are available at the association?s web site, www.RapidIO.org.
About MontaVista Software Inc.
MontaVista Software Inc. powers the embedded revolution by providing open-source systems software solutions for embedded developers. Founded in 1999 by real-time operating system (RTOS) pioneer James Ready, MontaVista Software?s principal products include MontaVista(tm) Linux® Professional Edition and MontaVista Linux® Carrier Grade Edition. The Professional Edition is a Linux-based embedded source and binary distribution, cross development platform and a set of tool kits for x86/IA-32, PowerPC, StrongARM, MIPS, SH, ARM, XScale, Xtensa and other microprocessor architectures. The Carrier Grade Edition is a second-generation high availability product that is an ideal Linux platform for telecommunications and carrier-grade applications. MontaVista Software also provides several complementary technology products addressing specific customer needs such as the Java development environment, high availability technology, powerful graphics toolkits and more. MontaVista offers developers a family of products and services for embedded design and development targeted for applications ranging from communications infrastructure to consumer devices.
Headquartered in the heart of Silicon Valley, in Sunnyvale, Calif., MontaVista Software is a privately held company funded by leading investors such as Alloy Ventures, US Venture Partners, RRE Ventures, WR Hambrecht + Co., IBM, Intel Capital, Panasonic and Sony Corporation. For more information about MontaVista Software, please visit http://www.mvista.com, email to info@mvista.com or call (408) 328-9200.
Linux is a registered trademark of Linus Torvalds. MontaVista is a trademark of MontaVista Software Inc. RapidIO and the RapidIO logo are trademarks and service marks of the RapidIO Trade Association. All other names mentioned are trademarks, registered trademarks or service marks of their respective companies.
###
Contacts:
Joe Samagond,
Director of Marketing and Corporate Communications,
MontaVista Software Inc.,
Phone: (408) 328-9234,
E-mail: jsamagond@mvista.com
Patricia Colby,
PR Strategy and Business Development,
Pacifico Inc. (for MontaVista Software),
Phone: (408) 293-8600 x340,
E-mail: pcolby@pacifico.com
Linda Marcus,
LFM Communications (for RapidIO),
Phone: (714) 974-6356,
E-mail: lmarcus@lfm-com.com
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The rest of the story at CNET.
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