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SCO What? Rhetoric, Law, and the Future of F/OSS Production

SCO What? Rhetoric, Law, and the Future of F/OSS Production

McGowan, David, "SCO What? Rhetoric, Law, and the Future of F/OSS Production" (June 7, 2004). Minnesota Legal Studies Research Paper No. 04-9.

Abstract:

    Using litigation between The SCO Group and IBM as an example, this essay relates the rhetoric that drives open-source software as a social movement to legal issues open-source production faces. The essay argues that social movement rhetoric creates noise that makes legal issues more difficult to understand and resolve. The tension between social movement noise and legal signal may become more acute and more important as F/OSS projects continue to make inroads in commercial space, where IP litigation is a way of life. The community's reaction to the SCO/IBM litigation suggests it needs to adapt community expectations and production procedures to this environment.

    The essay concludes with thoughts on issues the F/OSS community may wish to consider in connection with drafting version 3 of the General Public License. These issues include: What is the GPL?; whose GPL is it?; and how many GPL's are there? Each question has a seemingly obvious answer which, on consideration, presents interesting legal issues.

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Facts on IBM Software

WebSphere MQ (known as MQSeries until 2002) is IBM's Message Oriented Middleware offering.

Mitch Kapor got the name for his company from 'The Lotus Position' or 'Padmasana'. Kapor used to be a teacher of Transcendental Meditation technique as taught by Maharishi Mahesh Yogi. Incidentally, competitor Borland code-named their Quattro Pro software "Buddha", as the software was meant to "assume the Lotus position" and take over Lotus 1-2-3's market.

"Rational helps software developers around the world write software faster, with less risk and can help produce a higher return on investment", said Michael Devlin, CEO and co-founder, Rational Software. "The combination of Rational and IBM is a logical extension to what has been a very beneficial, 20-year relationship and will significantly extend our progress in key markets and customer segments."

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