SCO Loses Yet Again; Is It Finally Over?

from the will-it-ever-die? dept

Is the bogus "we own Linux" lawsuit from SCO finally, finally over? I guess we can never say never, because it keeps coming back from the dead. However, it's taken another head shot. As you may recall, many years back SCO claimed to own the copyrights on Unix, and sued IBM and some other Linux users for infringing on their copyrights -- though, it never actually showed any evidence to back that up. Soon after all this started, Novell came along and noted that, as far as it knew, Novell still held the copyrights, not SCO. So the legal battle shifted to who actually held the copyrights, and SCO has repeatedly come out with the short end of the stick. First a judge ruled that Novell held the copyrights. After an appeals court said that a jury should decide that issue, rather than the judge, the case went back to a jury who also found that Novell, not SCO, held the copyrights. SCO then told the judge that the jury didn't really mean what it said in plain language, and said that the judge should order Novell to hand over the copyrights anyway.

That's not happening. Once again, the judge has ruled for Novell over SCO. In theory, this should end the whole saga. The judge ordered that the case be closed, and without the copyrights, SCO's suit against IBM is dead as well. Will SCO give it up finally? Or will it somehow be reanimated yet again?

Filed Under: copyright, linux, unix
Companies: ibm, novell, sco

IBM Helps Florida Predict Just How Delinquent Your Child's Going To Be

from the your-future-self-appears-to-be-a-trouble-maker dept

We've covered several different instances where the country has been taking baby steps toward the kind of precognitive crime prevention featured in the movie Minority Report -- sans naked gibbering women floating in bathtubs. The most recent effort was courtesy of the Homeland Security Department, who is busily developing a body language analysis prediction system dubbed "Future Attribute Screening Technologies" (FAST) -- which aims to detect "shifty" people who may be getting ready to commit a crime of some sort (or just drank way too much coffee).

More common approaches simply involve software that analyzes a database of offenders and cherry picks out the most likely future offenders (very popular in the UK), or analyzes crime patterns to predict future criminal trends. Along those lines, it looks like the Florida Department of Juvenile Justice has decided to start using IBM predictive analytics software (via Gizmodo) to help them determine which of the 85,000 kids who enter their system each year poses the biggest future threat. IBM has this to say about the new system -- which was an upgrade from Excel:

"Predictive analytics gives government organizations worldwide a highly-sophisticated and intelligent source to create safer communities by identifying, predicting, responding to and preventing criminal activities. It gives the criminal justice system the ability to draw upon the wealth of data available to detect patterns, make reliable projections and then take the appropriate action in real time to combat crime and protect citizens."

Of course many of these patterns simply become evident when people bother to pay attention and use their intellect, and these tools are often just an extension of that. When prediction technology is used, the technology will only be as good as the people using it (in this case to choose rehabilitation paths for kids). But you still have to wonder how accurate these kinds of systems are and how independently verifiable the evidence will be. Can kids who feel they were unfairly, preemptively declared to be bad asses in 2014 see the "reliable" source code?

Filed Under: crime, florida, precrime
Companies: ibm

IBM Breaks Promise; Threatens Open Source Company Over Patents

from the so-much-for-'reform' dept

For a while now, IBM has been positioning itself as being in favor of really fixing our broken patent system (even as it's remained at the top of the food chain in terms of companies filing for patents). However, we've always been a bit skeptical of IBM's claims about this -- as they quite often seemed to be more of a PR positioning move, rather than any real commitment to fixing the patent system. Almost exactly five years ago, the company made a big stink about freeing up approximately 500 patents for use in open source offerings. At the time, even that seemed like more of a PR stunt than anything else, but still, you'd at least think they'd live up to their word.

Not so apparently.

Slashdot points us to the news that IBM has threatened an open source project with some patents -- including two that were in that list of 500 (along with over 100 others). In the past, when IBM's nastier patent activities have gained attention in the tech-blog world, it's been known to back down, so it wouldn't surprise me to see that happen again here. But the fact that it made this threat in the first place, yet again, calls into question IBM's real commitment towards moving away from supporting patents as a bullying tool.

Filed Under: open source, patents
Companies: ibm

Novell Wins Yet Again; Says SCO Never Got Unix Copyrights

from the is-it-dead-yet? dept

Could the case that never ends finally end? As you may recall, years back SCO sued IBM, claiming that Linux infringed on Unix, whose rights SCO acquired earlier. Except... in 2003 Novell tossed a bit of a firecracker into the whole thing by noting that it still owned the copyrights on Unix. The case went back and forth for ages, with a lot of questionable activity (including questions concerning Microsoft's supposed funding of SCO's activities), including accusations that the whole thing was an attempt to pump-and-dump SCO stock. Back in 2008, we thought it was finally over when a judge ruled that Novell owned the copyrights, leading many to expect SCO to finally just die off. Instead, it declared bankruptcy, got a lifeline and continued the fight -- leading to an appeals court ruling that the question over copyright ownership needed to be determined by a jury rather than a judge. As we noted at the time, this was hardly (as SCO's Darl McBride insisted) a vindication for SCO -- it was just another chance for SCO to lose in court.

And lose, it did. As was widely expected, the jury has that Novell owns the copyrights on Unix and SCO basically has no case. Once again, this suggests that SCO has never had a case, and has just been wasting everyone's time (and a lot of people's money) for a long, long, long time.

But, of course, it's probably not over yet. SCO says it will continue the original lawsuit against IBM, saying that it won't be over copyright, but breach of contract claims. Of course, it's now been almost a decade and we still haven't seen what it is that IBM did wrong. SCO still hasn't shown anyone what code breached what contract. However, as Groklaw notes, even if SCO (with what money?) keeps fighting the lawsuit against IBM over contract terms, that's a much more limited lawsuit, as the terms are just between IBM and SCO -- and wouldn't impact the wider "Linux" ecosystem, since others did not sign any kind of contract with SCO. Still, at some point, you would hope that the folks still left at SCO involved in this case realize enough is enough and just let it die.

Filed Under: linux, unix
Companies: ibm, novell, sco

OMG! IBM Patented LOL! ROTFLMAO!

from the omg dept

theodp writes "The USPTO has granted IBM a patent covering the Resolution of Abbreviated Text in an Electronic Communications System, lawyer-speak for translating "IMHO" to "In My Humble Opinion" and vice versa. From the patent: "One particularly useful application of the invention is to interpret the meaning of shorthand terms...For example, one database may define the shorthand term 'LOL' to mean 'laughing out loud.'" So much for Big Blue's professed aim of stopping "bad behavior" by companies who seek patents for unoriginal work!"

Filed Under: abbreviations, patents
Companies: ibm

IBM Patents Managing Your Patents

from the a-parting-gift dept

theodp writes "Before leaving a long IBM career last summer to head the USPTO, David Kappos managed Big Blue's patent and trademark portfolios. Last Tuesday, the USPTO awarded U.S. Patent No. 7,630,915 to IBM for its inventive method of Managing an Intellectual Property Portfolio."

Filed Under: patents
Companies: ibm

Secretive Patent Holder Sues Lots Of Companies For Remote Activation Software

from the gotta-get-it-done-before-bilski dept

Brian points us to the news of yet another questionable patent lawsuit filed by yet another shell company, yet again in Eastern Texas against a ton of software companies. The patent in question (5,222,134) is for a "secure system for activating personal computer software at remote locations," and was originally filed back in 1991 and granted in 1993 -- meaning that the patent is actually nearing end of life. Odd, then, that it was suddenly noticed that all these companies were infringing. The lawsuit is filed by a shell company called BetaNet, and no one seems willing to speak. The lawyers representing BetaNet won't say who is behind the company, or how they even got the patent. This is typical. Many of these types of lawsuits are filed by shell companies to hide who is actually behind them. As for the defendants, here's the list:

Adobe, Apple, Arial Software, Autodesk, Carbonite, Corel, Kodak, IBM, Intuit, Microsoft, McAfee, Online Holdings, Oracle, Rockwell, Rosetta Stone, SAP, Siemens, and Sony.

Obviously, none of those companies could have come up with ways to remotely activate software without this patent (yes, that's sarcasm). As the Register notes in the link above, even some of the software products listed as violating this patent don't seem to involve activation at all, raising serious questions about how they could possibly violate this patent. This sounds like yet another case of someone having read the book Rembrandt's in the Attic and deciding to go trolling for companies to sue with a meaningless patent.

Filed Under: activation, east texas, patents, software
Companies: adobe, apple, arial software, autodesk, betanet, carbonite, corel, ibm, intuit, kodak, mcafee, microsoft, online holdings, oracle, rockwell, rosetta stone, sap, siemens, sony

If You're Looking For The Open Source Business Model, You're Looking For The Wrong Thing

from the that's-backwards dept

Every so often we see a similar article to the one penned recently by Ashlee Vance in the NY Times, bemoaning the lack of "open source business model" success stories. Now, Vance is a top notch reporter and does great work for the NY Times (as he did for The Register before), but these kinds of articles seem to miss the point. They go looking for "open source" company success stories, and find that most open source software companies don't end up doing very well, and the few that do okay end up selling out to other companies (MySQL, XenSource, SpringSource) and conclude that, outside of perhaps RedHat, "open source" isn't a very good business. But that misses the point. Open source software, by itself, shouldn't be much of a business. Just as music isn't much of a business by itself, but it can be a huge component of a larger business, open source software is part of what helps many other businesses.

So, while Vance dismisses the fact that companies like Google and IBM rely tremendously on using open source software to be the foundation of their multi-billion dollar businesses, it's time to recognize that those are open source business models. Just as we talk about how the new music ecosystem involves using music to make other things much more valuable, the "open source business model" is using open source software to make other things much more valuable. The companies that haven't gotten very far trying to sell open source software are in that spot because they don't understand open source business models themselves, and seem to think that the focus should remain on selling software, rather than using the software to make other things more valuable. While Vance dismisses companies like Google and IBM using open source software as "pawns," it's time to recognize that that is the most reasonable way to build a business on open source work. And there's nothing wrong with that at all. It's helping build tremendous businesses that have a huge impact on the world economy.

Filed Under: business models, open source, services, software
Companies: google, ibm, mysql, red hat

Texas Pulls Voting Reg System From IBM After Multimillion System Can't Recover Lost Data

from the that's-not-good dept

EFF points us to yet another massively expensive computer system that can't do some rather basic things. Apparently the state of Texas has pulled its election systems from an $863 million computer system project it had with IBM, after failures and glitches in the system took down the voter system and lost data, which was unrecoverable. State officials realized that if this had happened during an actual election, the state wouldn't have been able to verify new voters, in violation of federal law. So, it dumped IBM and set up its own system that (gasp) actually has multiple backups of the data. I guess things like redundant backups aren't included in the $863 million package.

Filed Under: backup, computer systems, texas
Companies: ibm

IBM Wants Patent On Conference Call Laugh Tracks

from the is-this-funny-to-you? dept

theodp writes "The first known use of a recorded laugh track is said to be in 1950, when the producers of the Hank McCune Show added canned laughter after the show's taping. Almost 60 years later, IBM says it deserves a patent for 'inventing' adding canned laughter to conference calls. 'A pre-selected stored sound (e.g., an interjection such as a laugh) may be generated if there is a period of silence on one of the telephone lines that exceeds a threshold,' explains Big Blue in its just-published patent application for Enlivening Conference Calls to Make Conference Calls More Interesting for Participants. Eureka!"

Filed Under: conference calls, laugh track, patents
Companies: ibm