Licence laundering or license laundering occurs when a creative work under copyright is copied by another party, who then replaces the original licence with a different one. This party then illegitimately distributes the work with the new licence.
Licence laundering of media and related files is common on image hosting providers such as Flickr or Picasa, and video hosting providers such as YouTube. [1] [ better source needed ]
In software development, a programmer engages in licence laundering when using source code written by one or more other programmers but removing the licence from the source files or altering the file's header to exclude its revision history or other details. [2] This source code is then modified or integrated into other software, possibly violating the original licence terms.
Another example is using code released under one licence, and redistributing it under a different licence. [3] After SCO Group asserted it owned the intellectual property rights to Unix, a series of SCO/Linux controversies resulted, with SCO Groups chief executive officer Darl McBride stating that "The world is not about stealing people's code, laundering it and saying everything's OK." [4] In SCO Group, Inc. v. Novell, Inc. , Novell was found to be the owner of Unix copyrights. [5]
Code for open-source software may be released with a pre-approved non-reciprocal licence permitting its use in other projects, which facilitates license laundering. [6] : 486 To avoid such laundering, developers and project managers should determine the source of the code, and mitigate potential problems with a quality assurance inspection. [6] : 486
Licence laundering may be identified by detecting inconsistencies in the works. Most content creators use a set of common elements that are consistent throughout their portfolio, for example a style or handwriting. Users engaged in licence laundering typically upload files with a diversity of styles, since the styles reflect those of the author, not the licence laundering uploader. [1] [ better source needed ]
Image licence laundering may be detected by using reverse image search engines, such as TinEye or Google Images' "Search by Image" feature. [1] [ better source needed ] These services compare the characteristics of a reference work to a database containing the characteristics for numerous works analyzed by the service provider by spidering the World Wide Web. The results of a reverse image search may indicate the original source of the content. [7]
Another technique involves inspecting the Exif data associated with files. If the data is generally consistent in a set of files, the files were likely generated by the same individual, whereas if the data differ significantly, it may be indicative of a copyright infringement. [1] [ better source needed ] An example is a set of photographs generated by different camera models.
AIX is a series of proprietary Unix operating systems developed and sold by IBM for several of its computer platforms.
Novell, Inc. was an American software and services company headquartered in Provo, Utah, that existed from 1980 until 2014. Its most significant product was the multi-platform network operating system known as Novell NetWare.
United Linux was an attempt by a consortium of Linux distributors to create a common base distribution for enterprise use, so as to minimize duplication of engineering effort and form an effective competitor to Red Hat. The founding members of United Linux were SUSE, Turbolinux, Conectiva and Caldera International. The consortium was announced on May 30, 2002. The end of the project was announced on January 22, 2004.
SCO Group, Inc. v. International Business Machines Corp., commonly abbreviated as SCO v. IBM, is a civil lawsuit in the United States District Court of Utah. The SCO Group asserted that there are legal uncertainties regarding the use of the Linux operating system due to alleged violations of IBM's Unix licenses in the development of Linux code at IBM. The lawsuit was filed in 2003, it has lingered on through the bankruptcy of SCO Group and the adverse result in SCO v. Novell, and was reopened for continued litigation by order of a new judge on June 14, 2013. Pursuant to the court order reopening the case, an IBM Motion for Summary Judgment was filed based upon the results of the Novell decision. On December 15, 2014, the judge granted most of IBM's motion, thereby narrowing the scope of the case, which remained open. On March 1, 2016, following a ruling against the last remaining claims, the judge dismissed SCO's suit against IBM with prejudice. SCO filed an appeal later that month. In February 2018, as a result of the appeal and the case being partially remanded to the circuit court, the parties restated their remaining claims and provided a plan to move toward final judgement.
The SCO Group was an American software company in existence from 2002 to 2012 that became known for owning Unix operating system assets that had belonged to the Santa Cruz Operation, including the UnixWare and OpenServer technologies, and then, under CEO Darl McBride, pursuing a series of high-profile legal battles known as the SCO-Linux controversies.
Caldera International, Inc., earlier Caldera Systems, was an American software company that existed from 1998 to 2002 and developed and sold Linux- and Unix-based operating system products.
Groklaw is a website that covered legal news of interest to the free and open source software community. Started as a law blog on May 16, 2003, by paralegal Pamela Jones ("PJ"), it covered issues such as the SCO-Linux lawsuits, the EU antitrust case against Microsoft, and the standardization of Office Open XML.
USL v. BSDi was a lawsuit brought in New Jersey federal court in 1992 by Unix System Laboratories against Berkeley Software Design, Inc and the Regents of the University of California over intellectual property related to the Unix operating system; a culmination of the Unix wars. The case was settled out of court in 1994 after the judge expressed doubt in the validity of USL's intellectual property, with Novell and the University agreeing not to litigate further over the Berkeley Software Distribution (BSD).
UnixWare is a Unix operating system. It was originally released by Univel, a jointly owned venture of AT&T's Unix System Laboratories (USL) and Novell. It was then taken over by Novell. Via Santa Cruz Operation (SCO), it went on to Caldera Systems, Caldera International, and The SCO Group before it was sold to UnXis. UnixWare is typically deployed as a server rather than a desktop. Binary distributions of UnixWare are available for x86 architecture computers. UnixWare is primarily marketed as a server operating system.
Unix System V is one of the first commercial versions of the Unix operating system. It was originally developed by AT&T and first released in 1983. Four major versions of System V were released, numbered 1, 2, 3, and 4. System V Release 4 (SVR4) was commercially the most successful version, being the result of an effort, marketed as Unix System Unification, which solicited the collaboration of the major Unix vendors. It was the source of several common commercial Unix features. System V is sometimes abbreviated to SysV.
Unix System Laboratories (USL), sometimes written UNIX System Laboratories to follow relevant trademark guidelines of the time, was an American software laboratory and product development company that existed from 1989 through 1993. At first wholly, and then majority, owned by AT&T, it was responsible for the development and maintenance of one of the main branches of the Unix operating system, the UNIX System V Release 4 source code product. Through Univel, a partnership with Novell, it was also responsible for the development and production of the UnixWare packaged operating system for Intel architecture. In addition it developed Tuxedo, a transaction processing monitor, and was responsible for certain products related to the C++ programming language. USL was based in Summit, New Jersey, and its CEOs were Larry Dooling followed by Roel Pieper.
In a series of legal disputes between SCO Group and Linux vendors and users, SCO alleged that its license agreements with IBM meant that source code IBM wrote and donated to be incorporated into Linux was added in violation of SCO's contractual rights. Members of the Linux community disagreed with SCO's claims; IBM, Novell, and Red Hat filed claims against SCO.
SCO v. Novell was a United States lawsuit in which the software company The SCO Group (SCO), claimed ownership of the source code for the Unix operating system. SCO sought to have the court declare that SCO owned the rights to the Unix code, including the copyrights, and that Novell had committed slander of title by asserting a rival claim to ownership of the Unix copyrights. Separately, SCO was attempting to collect license fees from Linux end-users for Unix code through their SCOsource division, and Novell's rival ownership claim was a direct challenge to this initiative. Novell had been increasing their investments in and support of Linux at this time, and was opposed to SCO's attempts to collect license fees from Novell's potential customers.
Beginning in 2003, The SCO Group was involved in a dispute with various Linux vendors and users. SCO initiated a series of lawsuits, the most known of which were SCO v. IBM and SCO v. Novell, that had implications upon the futures of both Linux and Unix. SCO claimed that Linux violated some of SCO's intellectual properties. Many industry observers were skeptical of SCO's claims, and they were strongly contested by SCO's opponents in the lawsuits, some of which launched counter-claims. By 2011, the lawsuits fully related to Linux had been lost by SCO or rendered moot and SCO had gone into bankruptcy. However the SCO v. IBM suit continued for another decade, as it included contractual disputes related to both companies' involvement in Project Monterey in addition Linux-related claims. Finally in 2021 a settlement was reached in which IBM paid the bankruptcy trustee representing what remained of SCO the sum of $14.25 million.
The history of Unix dates back to the mid-1960s, when the Massachusetts Institute of Technology, AT&T Bell Labs, and General Electric were jointly developing an experimental time-sharing operating system called Multics for the GE-645 mainframe. Multics introduced many innovations, but also had many problems. Bell Labs, frustrated by the size and complexity of Multics but not its aims, slowly pulled out of the project. Their last researchers to leave Multics – among them Ken Thompson, Dennis Ritchie, Doug McIlroy, and Joe Ossanna – decided to redo the work, but on a much smaller scale.
Caldera OpenLinux (COL) is a defunct Linux distribution. Caldera originally introduced it in 1997 based on the German LST Power Linux distribution, and then taken over and further developed by Caldera Systems since 1998. A successor to the Caldera Network Desktop put together by Caldera since 1995, OpenLinux was an early "business-oriented distribution" and foreshadowed the direction of developments that came to most other distributions and the Linux community generally.
In the 1950s and 1960s, computer operating software and compilers were delivered as a part of hardware purchases without separate fees. At the time, source code, the human-readable form of software, was generally distributed with the software providing the ability to fix bugs or add new functions. Universities were early adopters of computing technology. Many of the modifications developed by universities were openly shared, in keeping with the academic principles of sharing knowledge, and organizations sprung up to facilitate sharing. As large-scale operating systems matured, fewer organizations allowed modifications to the operating software, and eventually such operating systems were closed to modification. However, utilities and other added-function applications are still shared and new organizations have been formed to promote the sharing of software.
Linux began in 1991 as a personal project by Finnish student Linus Torvalds to create a new free operating system kernel. The resulting Linux kernel has been marked by constant growth throughout its history. Since the initial release of its source code in 1991, it has grown from a small number of C files under a license prohibiting commercial distribution to the 4.15 version in 2018 with more than 23.3 million lines of source code, not counting comments, under the GNU General Public License v2 with a syscall exception meaning anything that uses the kernel via system calls are not subject to the GNU GPL.
Unix is a family of multitasking, multi-user computer operating systems that derive from the original AT&T Unix, whose development started in 1969 at the Bell Labs research center by Ken Thompson, Dennis Ritchie, and others.
Open source license litigation involves lawsuits surrounding open-source licensed software. Many of the legal rights of open source software licensors enforceable against users violating licensing agreements are untested by the U.S. legal system. Free and open source software (FOSS) is distributed under a variety of free-software licenses, which are unique among other software licenses. Legal action against open source licenses involves questions about their validity and enforceability.