Related News
Google’s Top Copyright Man Ceases Blogging: The State of Copyright’s Too Gloomy
Although Google's top copyright man, William Patry wrote his blog in a purely private capacity as one of the leading copyright scholars in the world. But now he has decided to end the blog, after doing around 800 postings over about 4 years. When one of the world's pre-eminent experts in the field is so depressed by the state of copyright that he can't bring himself to blog about it, you know that something is rotten in the state of Denmark. read more
Decision
The legal claims SCO made against Linux are back. The 10th Circuit Court of Appeals today threw out the Utah district court’s August 2007 summary judgment awarding ownership of Unix and UnixWare copyrights to Novell. The appeals court also overturned Novell’s waiver of SCO’s termination of IBM’s right to distribute AIX and Novell’s order telling SCO to abandon its breach-of-contract and copyright suit against IBM and Sequent.read more
Ownership
A federal appeals court on Monday reversed a judge's decision that granted the copyright of the Unix computer operating system to Novell Inc.A three-judge panel of the 10th U.S. Circuit Court of Appeals ruled that a judge erred in August 2007 by granting the copyright to Novell. The panel ordered a trial to determine ownership.Novell, a software and computer infrastructure company, has been locked in a yearslong legal battle with The SCO Group Inc. of Lindon, Utah, over ownership to the copyright.SCO said the ruling paves the way for resumption of the court case.SCO filed for bankruptcy protection in 2007, drained by unsuccessfully filing lawsuits claiming its software code was misappropriated by developers of the open-source Linux operating system."For us it's a case of survival, of protecting what we own." SCO chief executive Darl McBride told The Associated Press.Part of the Unix computer code, which was developed by AT&T in 1969, is used in the Linux operating system.McBride said the development and distribution of Linux has caused the company's revenues to drop from $250 million a year to $15 million, forcing the company to file for bankruptcy."There are 20 million versions of Linux running around the world," McBride said, referring to his estimate of company servers using Linux. "Linux at the end of the day is a knock off of our Unix."Novell has operations in Provo, Utah, and Waltham, Mass. A Novell spokesman did not return a message seeking comment.SCO has another lawsuit pending against IBM Corp., claiming Big Blue's Unix license for IBM's core AIX system was canceled in 2003 and IBM improperly gave away Unix source code for use in Linux.McBride said the appellate panel's ruling reinstates SCO's claims against IBM, most which had been dismissed because of Novell's claim to the Unix copyright. A message left after...
Psystar Responds to Apple Suit, Will Countersue
Mac clone maker Psystar plans to file its answer to Apple's copyright infringement lawsuit Tuesday as well as a countersuit of its own, alleging that Apple engages in anticompetitive business practices. Miami-based Psystar, owned by Rudy Pedraza, will sue Apple under two federal laws designed to discourage monopolies and cartels, the Sherman Antitrust Act and the Clayton Antitrust Act, saying Apple's tying of the Mac OS to Apple-labeled hardware is "an anticompetitive restrain of trade", according to attorney Colby Springer of antitrust specialists Carr & Ferrell. Psystar is requesting that the court find Apple's EULA void, and is asking for unspecified damages. Psystar's attorneys are calling Apple's allegations of Psystar's copyright infringement "misinformed and mischaracterized". Psystar argues that its OpenComputer product is shipped with a fully licensed, unmodified copy of Mac OS X, and that the company has simply "leveraged open source-licensed code including Apple's OS" to enable a PC to run the Mac operating system.
Google
Google Inc. wants the digital rights to millions of books badly enough that it's willing to take on the U.S. Department of Justice in a court battle over whether the Internet search leader's ambitions would break antitrust and copyright laws.The stage for the showdown was set Thursday with a Google court filing that defended the $125 million settlement of a class-action lawsuit the company reached with U.S. authors and publishers more than 14 months ago.Google's 67-page filing includes a rebuttal to the Justice Department's belief that the settlement would thwart competition in the book market and undermine copyright law. The brief also tries to overcome a chorus of criticism from several of its rivals, watchdog groups, state governments and even some foreign governments.Google revised its original book agreement in November in an attempt to win the Justice Department's support, only to have the nation's top law enforcement agency reiterate its opposition last week.This time, though, Google decided to dig in its heels and attempt to persuade U.S. District Judge Denny Chin that the Justice Department and the settlement's other opponents are wrong. Oral arguments are scheduled for Feb. 18 in a New York court hearing."The purpose of copyright law is to promote the creation and distribution of expressive works," Google's lawyers wrote in Thursday's filing. "The (settlement) advances this purpose as much as any case or agreement in copyright history."The decision to fight the Justice Department rather than seek another compromise represents a calculated risk for Google. The company's domination of Internet search and its expansion into other markets have already been drawing more regulatory scrutiny.Locking horns with the Justice Department raises the specter of antitrust regulators magnifying their focus on Google's search engine, which fuels an online advertising system that generates virtually all the company's revenue.Efforts to reach the...