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Caldera Government The Courts News

Germany Muzzles SCO 349

skyryder12 writes " We have news from Germany. It seems, according to Computerworld, that SCO Group GmbH (SCO's German branch) agreed, on February 18, 2004, to an out-of-court settlement between it and Univention and will refrain from saying in Germany some things it says in the US constantly. There are four things they have agreed not to say in Germany, on pain of a fine of 10,000 euros per offense -- that's about $12,500 USD -- and one thing they can't say unless they present proof within a month of the settlement date. Story at GrokLaw"
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Germany Muzzles SCO

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  • Finally (Score:0, Insightful)

    by Anonymous Coward on Monday March 01, 2004 @09:49AM (#8428328)
    Finally some action against these guys.
  • Good to see... (Score:5, Insightful)

    by Da Fokka ( 94074 ) on Monday March 01, 2004 @09:49AM (#8428330) Homepage
    I'm glad the european judicial systems are not as prone to SCO's legal guerilla tactics as the US system is.
  • How does it come? (Score:5, Insightful)

    by Anonymous Coward on Monday March 01, 2004 @09:50AM (#8428336)
    That US law couldn't do such things?
  • Gagged..... (Score:5, Insightful)

    by cuteface ( 450372 ) on Monday March 01, 2004 @09:51AM (#8428342) Homepage
    something which perhaps the US courts should do more often?

    Watching from the sidelines, I'm sometimes disappointed at the trial by media and sensationalist reporting going on in the US. But then I'm not an American so maybe I'm out of touch.

  • Say what? (Score:3, Insightful)

    by lordsilence ( 682367 ) on Monday March 01, 2004 @09:53AM (#8428353) Homepage
    Should it really have to take a court-order to make them be quiet? Things that have been on my list of things to ignore for a long time: 1. spam 2. banners 3. SCO-fud
  • S.U.S.E (Score:5, Insightful)

    by moberry ( 756963 ) on Monday March 01, 2004 @09:54AM (#8428356)
    I'm not a big supporter of S.U.S.E linux, but i'm sure this settlement made them relax a bit.
  • by kyrre ( 197103 ) on Monday March 01, 2004 @09:55AM (#8428364)
    Finally SCO Group GmbH is prohibited to threaten to sue Linux users unless they bought SCO Linux or Caldera Linux.

    SCO is only allowed to threaten people that actually bought Caldera or SCO linux? Good thing I never bought either then...
  • Re:Good to see... (Score:4, Insightful)

    by BillFarber ( 641417 ) on Monday March 01, 2004 @09:55AM (#8428367)
    I don't mean this as a troll, but it seems to me that if the US courts did something like this to a small business man (rather than to Satan), the slashdot crowd would be screaming about Ashcroft and free speech rights.
  • Re:Good to see... (Score:5, Insightful)

    by SMOC ( 703423 ) on Monday March 01, 2004 @10:00AM (#8428387)
    There's no such thing as "the slashdot crowd". Opinions differ. That doesn't mean slashdot contradicts itself.
  • Re:DEUTSCHLAND! (Score:4, Insightful)

    by Rico_za ( 702279 ) on Monday March 01, 2004 @10:00AM (#8428388)
    DEUTSCHLAND DEUTSCHLAND Uber Alles!

    Using that phrase is more than a little insensitive. In fact, using it in Germany can get you in about as much trouble as SCO can after this.
  • Re:Good to see... (Score:0, Insightful)

    by Chess_the_cat ( 653159 ) on Monday March 01, 2004 @10:00AM (#8428389) Homepage
    Mod parent up!! It's the first thing I thought of. Since when is the Slashdot crowd in favor of government censorship of any kind? Better to let SCO say their piece and let it be argued in forums such as these than to not allow them to say anything at all. The only cure for free speech is more free speech. How would you feel if before your big court case a judge told you you couldn't tell your side of the story to the media because he said so? And since this is a civil matter, not a criminal one, I don't see any need for Germany to muzzle anyone.
  • by Anonymous Coward on Monday March 01, 2004 @10:00AM (#8428390)
    Jeezus! What a useless karma whore. Groklaw is not slashdotted; their hosting is reletively studly these days.
  • Re:Another idea (Score:5, Insightful)

    by Platinum Dragon ( 34829 ) on Monday March 01, 2004 @10:00AM (#8428395) Journal
    Gag Slashdot yourself -- uncheck "Caldera" under your Homepage settings.

    I should fine you 10 000 Euros for having to tell you this after it has been mentioned in every fscking SCO story. Besides, I would think a story relating to a case that threatens Free and open source software would be considered "news" on a site full of FOSS fans.

    Again, you're free to uncheck "Caldera" whenever you want. No more SCO. Enjoy.

    In conclusion... speak for yourself.
  • by Anonymous Coward on Monday March 01, 2004 @10:02AM (#8428407)
    In the US the rights of an individual only hold sway over another individual if the first individual has more money at its disposal. Hence SCO, with cash in the bank and a powerful marketing voice has stronger rights than people, it's part of US law. It's not codified as such, but that's the result.

    In many parts of Europe, it's the opposite. A company, no matter how well respected or large will always have to bow down to the will of the people in the end. This is what's happened as a result, and Germany made the right decision to act.
  • by LostCluster ( 625375 ) * on Monday March 01, 2004 @10:06AM (#8428429)
    "Trial by media" is what results when there is so much media coverage of an event, it starts to affect the event itself. Sometimes it means that there's so much national media coverage of an event, it's impossible to find a jury that hasn't already started to form an opinion. Other times it means that a defendant who is found not guilty by the court has to deal with a public that thinks otherwise.

    I honestly question why judges don't want cameras in their courtrooms. Every word that is said in that courtroom is still going to be talked about too much by the media anyway, so why deny the public the chance to see primary source material instead of leaving the public watching commentators alone?
  • by mxf8bv ( 118038 ) on Monday March 01, 2004 @10:07AM (#8428433)
    As a poster at groklaw already pointed out, the german text is ambigous here:
    " [...] as it could have the meaning that SCO is after all allowed to threaten their own customers with the prospect of criminal prosecution or they are not allowed to say that all Linux users but those who bought from Caldera or SCO could have to face criminal prosecution."
  • Re:Good to see... (Score:5, Insightful)

    by Anonymous Coward on Monday March 01, 2004 @10:07AM (#8428435)
    "Are you mad or just insane"(*)

    They can't say it unless they prove it. You can't destroy anyones reputation just because. First you gotta prove it...

    (*) King Diamond
  • by Anonymous Coward on Monday March 01, 2004 @10:11AM (#8428460)
    There was a similar case Tarent vs. SCO Germany.

    Unfortunately we cannot report an offence to the police, so that the intstitutions can start a criminal investigation (fraud). The reason is that SCO does not sell their licenses in Germany.

    But in other European countries where
    SCO is on the market with its licenses, a report to the police may be helpful.
    Calling for a public prosecutor is no risk for us and free of charge.

    Meiner Ansicht nach ist SCO ein Fall fur den Staatsanwalt, man sollte
    Strafanzeigen wegen Betruges stellen. Leider konnen wir das in Deutschland
    nicht. Der Vorteil einer Strafanzeige liegt darin, dass ein Staatsanwalt die
    Untersuchung ubernimmt und wir nichts zahlen mussen. Im Europaischen Ausland
    sollten wir gemeinsam mit befreundeten Organisationen entsprechende
    Strafanzeigen wegen Betruges stellen.
  • Re:Good to see... (Score:5, Insightful)

    by jkrise ( 535370 ) on Monday March 01, 2004 @10:11AM (#8428463) Journal
    There ought to be an exception for 'obvious falsehoods'... else this free speech thing seems to be a misused and abused tool by big-boy corporates to screw the economy and all other small-time-geeky-nerdy-innovative-guy next door.

    Can the open source developers affected by SCO's statements lay their hands on millions of $s from the Bank of Canada or Deutsche Bank to bolster their case? Free speech isn't free if it costs a fortune in court....

    -
  • Re:Good to see... (Score:5, Insightful)

    by Baumi ( 148744 ) on Monday March 01, 2004 @10:15AM (#8428473) Homepage
    I don't know about that - it's not about denying free speech, it's about disallowing groundless claims. If you were an innocent citizen and I were someone with enough media clout to send out the message that you're a murderer over all available news outlets, you'd probably try to get a court order to stop me from doing that, as well. And rightly so.

    Free speech is fine when we're talking about opinions and facts - it shouldn't protect lying and baseless claims.

    Baumi
  • Re:Good to see... (Score:5, Insightful)

    by socrates32 ( 650558 ) <socrates32@NOSpaM.gmail.com> on Monday March 01, 2004 @10:16AM (#8428483)
    Ummm... That's not quite the point.
    They have been barred (as a result of an out-of-court SETTLEMENT) from making unsubstantiated claims that are intended to harm their competitor's business.
    Where is the First Amendment violation?
    newSCO had an opportunity to back up their claims in court, but instead AGREED to back down, so they could keep up the rhetoric back home.
  • Re:Good to see... (Score:5, Insightful)

    by LostCluster ( 625375 ) * on Monday March 01, 2004 @10:17AM (#8428486)
    Free speech is usually best when what's being said is true. In SCO's case, they're getting into the bad habbit of of annoucing a future action of theirs, and then not following through on it.

    Say what you want about the RIAA, but at least when they threaten to sue somebody, they follow through on it. I don't see it as that bad a thing to require that when SCO announces they're going to file a lawsuit, they should at least have to do it. Afterall, a victory against just one defendant would legitimize SCO's main claim that they're owed money by everyone who loses Linux. However, if they lose, most of their FUD will be declared something that doesn't stand up in court.
  • Re:Good to see... (Score:5, Insightful)

    by buzzdecafe ( 583889 ) on Monday March 01, 2004 @10:17AM (#8428489)
    Apparently you didn't notice: This was a *settlement,* i.e., SCO agreed to the terms. If they wanted to continue speaking to their black little heart's content, simply reject the terms of the settlement and see how you do in court. For some reason, SCO decided shutting up was preferable to putting up. So don't give me this "free speech" crap. One can make the inference that if SCO had *anything* worth saying, they would not have agreed to the settlement.
  • Re:Good to see... (Score:5, Insightful)

    by kramer2718 ( 598033 ) on Monday March 01, 2004 @10:19AM (#8428499) Homepage
    The first amendment does not protect against fraud or extortion. What SCO is doing amounts to that. They are lying about their IP ... furthermore they are attempting extortion by their constant threats to sue various people. They furthermore are slandering various entities involved with Linux, AIX, etc.

    U.S. courts muzzle people as well ... frequently when the Enquirer or some other rag prints some inaccurate garbage about someone, they are forced to stop and often pay a settlment. What SCO is saying is inaccurate, and they're being muzzled is totally reasonable.
  • by ratamacue ( 593855 ) on Monday March 01, 2004 @10:22AM (#8428515)
    But why are there so many lawyers in the US? Does it have something to do with culture? Hardly.

    The lawyers are here because the law is overly complex, ambiguous, and exploitable. In other words, the root of the problem is government. As long as the law is exploitable, there will be a demand to exploit the law. The lawyers are only here to supply the demand.

    Everyone wants a piece of the pie, and the US government's solution is to keep producing more and more pie (to continuously expand the scope of government). This is a classic example of government creating problems of which the "solution" requires (guess what) more government. The real solution, of course, is to limit the size of the pie.
  • Re:Good to see... (Score:4, Insightful)

    by Gr8Apes ( 679165 ) on Monday March 01, 2004 @10:27AM (#8428537)

    There's always the counter example to unbridled free speech in the form of the "falsely yelling fire in the theatre" rule.

    Free speech rules come with some common sense restrictions, which are that it can be restricted in cases where it is shown to be both false and solely intended to harm others. SCO appears to meet both criteria.

  • This proves it (Score:5, Insightful)

    by miketang16 ( 585602 ) on Monday March 01, 2004 @10:30AM (#8428561) Journal
    The whole fact that SCO was willing to settle so easily, and give up their rights to bitching, proves that they know they don't have a leg to stand on.
  • Re:Good to see... (Score:5, Insightful)

    by BlackHawk-666 ( 560896 ) on Monday March 01, 2004 @10:33AM (#8428579)
    i feel pretty certain that many Slashdotters are in favour of protection against false advertising and slanderous speech. The current SCO line on Linux is definitely in one of these two camps.
  • by Jacek Poplawski ( 223457 ) on Monday March 01, 2004 @10:34AM (#8428588)
    SCO can't sue any Linux users except their own customers.

    Both two customers?
  • Re:Good to see... (Score:5, Insightful)

    by Abm0raz ( 668337 ) on Monday March 01, 2004 @10:43AM (#8428656) Journal
    Obvious falshoods like:
    - The Earth is round
    - The Earth revolves around the sun
    - Evolution exists
    - Free (as in beer)
    - There is no proof that Cigarette smoke is linked to higher cancer rates.

    A lot of things are taken as "obviously" false until they are proven true.

    -Ab
  • Re:Good to see... (Score:5, Insightful)

    by DrHyde ( 134602 ) on Monday March 01, 2004 @10:53AM (#8428730) Homepage
    This idea that a corporation should have rights - such as free speech - as if it were a person strikes me as being quite spectacularly daft. A corporation is *not* a person, but an artificial construct the existence of which is merely permitted by laws. Also it is incapable of assuming the responsibilities of a person, is not subject to the same penalties when it misbehaves as a person, and therefore should not enjoy the same rights as a person.

    Regulating what a company can say is just fine. If the shareholders don't like it, they are still perfectly capable of speaking in their capacity as individual citizens.
  • by BCW2 ( 168187 ) on Monday March 01, 2004 @10:54AM (#8428736) Journal
    It's amazing that any judge in any country came up with a simple and common sense solution. Maybe some US courts can pay attention, rulings don't have to be 20 pages of convoluted crap thats unreadable to 90% of humanity.

    Is there a way to send this to the judge in Utah? It might make this a short case.
  • by Moraelin ( 679338 ) on Monday March 01, 2004 @10:55AM (#8428746) Journal
    Essentially it boils down to the fact that the US government and justice seem to have degenerated in little more than a farce. They're so busy rewarding their corporate sponsors and begging for future campaign contributions, that they seem to have forgot who they're really supposed to represent. (Hint: the people.)

    In Europe this hasn't happened yet.

    I'm not saying that European politicians are born more honest. They're not.

    I do say, however, that here the democratic checks still work. The press, the unions, the other parties _and_ the other countries in the EU will raise a ruckus sky-high at the slightest hint that a politician may be bought or acting against the people's interest.

    Maybe more important is that here, to the best of my knowledge, all countries have more than two parties. There is no lack of choice for voting someone else into office, if the current lot does a bad job.

    Better yet, most often parties have to form fragile alliances to be anywhere near a majority. You can't take "we're the majority" for granted and do whatever you damn please. (I.e., reward those who paid for your campaign.) Often to get your own Law X voted, you have to secure the support of one or two other parties. Which might imply altering the law so they like it too, or supporting their own Law Y, or whatnot.

    Chances are good enough that enough of those will do the populist thing and refuse to support stuff that would piss off their voters. Or want to have it changed so it at least looks good to their voters.

    Speaking of fragile alliances: having one or two members in the parliament can (and often does) make _the_ difference between being the alliance leader or having to follow. There's a real competition for Joe Average's vote. You don't want to piss off Joe Average too much.
  • The world is the internet's audience, they can still say what they want and it will come back to people in Germany.
  • by LWATCDR ( 28044 ) on Monday March 01, 2004 @10:58AM (#8428762) Homepage Journal
    The great Free Speech debate. There is the clasic saying that, "free speech does not mean that you can yell fire in a crowded theater". That could apply here. Then you have the debate does free speech cover commercial speech? If so then why limits on ads for cigs?
    I really think that often fraud is hidden under the terms of free speech. The world if when people make a statment of what they claim is fact where forced to take some responsibility for that statment. If SCO came out and said that "We feel that Linux infringes on our copyright and are going to look into it." I would have not problem. But when they make totaly false statments like, "Millions of lines of our code in in Linux". Then they have gone to far.
  • Re:Germans... (Score:2, Insightful)

    by goldspider ( 445116 ) on Monday March 01, 2004 @11:00AM (#8428774) Homepage
    Actually, the Allied Powers (inc. Great Britain, United States, France, Russia) got rid of the Nazis. It's not like they were thrown out by an internal rebellion of the German people.

    Offtopic, I know, but I feel obligated to correct/clarify inaccurate historical references. Call it a character flaw if you want.

  • by arivanov ( 12034 ) on Monday March 01, 2004 @11:06AM (#8428819) Homepage
    No it does not.

    Their customers - it is contract law

    Other people - it is general antitrust, slander and copyright law.

    That is the distinction and there is nothing funny in it.

  • Re:Good to see... (Score:5, Insightful)

    by cosmo7 ( 325616 ) on Monday March 01, 2004 @11:11AM (#8428854) Homepage
    Determining arguments as atomically true or false is a trap often used by lawyers, creationists, and other unpleasant people.

    For instance, arguing that cigarette smoke is linked to higher cancer rates has been proved is specious because the evidence is circumstantial. A good arguer would be able to make the case that the proof is faulty and therefore cigarette smoke is not linked to higher cancer rates.
  • Re:Good to see... (Score:3, Insightful)

    by Anonymous Coward on Monday March 01, 2004 @11:15AM (#8428879)
    Where is the First Amendment violation?

    Nowhere, as far as I can tell. In fact, there's not much _to_ violate in Article 1 of the German Basic Law. Article 2 is about liberty, 3 is equality before the law and 4 is freedom of religion. Free speech is article 5.

  • Re:Gagged..... (Score:3, Insightful)

    by Sique ( 173459 ) on Monday March 01, 2004 @11:17AM (#8428891) Homepage
    A) It was not the gouvernment telling SCO to shut up.

    B) It was not an order to shut up, it was a signed agreement between SCO and Univention representing Linux companies and users.

    C) This is a contract, nothing else, and SCO Group GmbH as the german part of SCO is allowed to sign any contract they like (if it displeases the SCO head quarter they can still fire the german CEO).

    D) If SCO Group GmbH would have acted as the official voice of SCO in Germany, they would have been liable for damages caused by unfair competition. From the german point of view SCOs claims against IBM look unfounded and only used to deprive Linux companies of their business, because there hasn't been any hard evidence for an actual copyrigth infringment yet, and breach of contract between SCO (U.S.) and IBM (U.S.) shouldn't affect german users of Linux.

    E) So it was a wise move for the german SCO branch to keep out of the SCO game in U.S. until either facts are established or SCO takes another turn. With the contract in hand the german SCO branch can tell their U.S. headquarters why they don't risk the SCO game in Germany: Because it's to expensive. 10000 Euros per statement. This is understandable even to SCO in Utah.
  • Re:Good to see... (Score:0, Insightful)

    by Anonymous Coward on Monday March 01, 2004 @11:23AM (#8428958)
    But I'm an American, not a European, and I have the luxury of living in a land that has never been touched by Fascism Hahaha.. Hahahahah...
  • Re:DEUTSCHLAND! (Score:1, Insightful)

    by Anonymous Coward on Monday March 01, 2004 @11:34AM (#8429102)
    It's not forbidden! But most parts are "unofficial".
  • Re:Good to see... (Score:3, Insightful)

    by BobTheLawyer ( 692026 ) on Monday March 01, 2004 @11:45AM (#8429246)
    Making false statements which have no legal basis to extort money from people is a criminal offence in many countries. Free speech is no more relevant to this than it is to blackmail.
  • Re:Good to see... (Score:2, Insightful)

    by Anonymous Coward on Monday March 01, 2004 @11:48AM (#8429272)
    without disagreeing overly with the thread I'll bite on
    > "free speech" is very much an American idea

    "To speak his thoughts is every freeman's right, in peace and war, in council and in fight."
    Homer 700BC

    Speaking as an outsider (non-american) it feels like liberties in the US are now amongst the most constrained anywhere.
  • by ojQj ( 657924 ) on Monday March 01, 2004 @11:52AM (#8429322)
    Speaking as an american in Germany I would agree that there are some important advantages to having more than two parties.

    On the down side, the necessity of making compromise may not reduce partisanship. Often times, the other major party is against a new law no matter what it is, just to try and distinguish themselves. Then compromise time comes, and the law is made so complex that no one understands it just so that it *looks* like everyone won. Sometimes, that compromising makes the law in question so ineffective or even damaging that it should never be passed.

    For an example, check out the recent "Praxisgebuhr" law in Germany. Before this law, Germans didn't have to pay even a token payment for going to the doctor. As a result, unnecessary costs arose when people went to the doctor for runny noses, hypochondria, and loneliness. Everyone knew it was time for people to bear some token economic consequence for choosing to go to the doctor. Thus was born the "doctor's visit fee". But then it was watered down. Chronically ill don't have to pay the co-pay, and poor people don't have to pay the co-pay. That's fair, you say. But it keeps going until the decision is made that people don't have to pay the co-pay more than once every 4 months. What? Excuse me but unless the purpose is to create a regressive raise in the insurance fees, de-coupling the co-pay from the number of doctor's visits doesn't fulfill the purpose of the law. The law was passed anyways.

    Tax law is similar and that creates very real social injustices as only someone above a certain income level can hire someone who actually understands the tax law. This means that poor people pay more taxes than required under the law because the law is to complex to be understood.

    There are numerous other problems with the European systems, which seriously weaken their claim to democracy uninfluenced by corporations(party discipline, disproportionate representation at the European level, no class action law suits, etc...).

    That's of course not to say that the American system is better. It's not. Both continents have a lot to learn from each other. They both need to STOP being so arrogant and START listening to each other.

  • Re:Good to see... (Score:5, Insightful)

    by kmonsen ( 606584 ) on Monday March 01, 2004 @11:53AM (#8429333) Homepage
    I think a reality pill is in order. Yes you live in a country that has been touched by fascism. One easy example is the McCarthy (?) period where any socialist ideas where in effect banned.

    What many americans don't realise is that there can never be total freedom. In a total free society you would be free to do what you want, and I would be protected from your actions. This is not possible if we want different things. There will always be a tradeoff between your freedom and my protection. We europeans just have a (slightly) different tradeoff.

    You and me refere to fictional characters here of course.

  • Re:Good to see... (Score:5, Insightful)

    by blinder ( 153117 ) <[blinder.dave] [at] [gmail.com]> on Monday March 01, 2004 @11:53AM (#8429334) Homepage Journal
    Free speech is fine when we're talking about opinions and facts - it shouldn't protect lying and baseless claims.

    wow, scary.

    free speech means I can make all the baseless claims and lie all I want. What I can't do is yell "fire" in a crowded movie theater (the classic example).

    If I break the law (through fraud) -- then fine, arrest me, and I'll go through due process, but to simply restrict speech simply because it may be baseless or a lie is ridiculous and scary.

    Right now, I'm sitting on the beach typing this and that later today I'm going to take a long drive in my Ferrari.

    See, that was a lie! I'm sitting in my cubicle right now! But according to your definition of free speech, I just committed a crime by lying where I am and what I'm doing.

  • Re:Good to see... (Score:4, Insightful)

    by maxwell demon ( 590494 ) on Monday March 01, 2004 @11:54AM (#8429354) Journal
    Well, the argumentation for the free speech restrictions in Europe is not quite unlike the argumentation of the restrictions in the GPL: In order to protect your rights, we have to restrict you from certain freedoms which would allow you to destroy that freedom.

    For GPL software, you may f.ex. not redistribute binaries without source. This is obviously a restriction of your freedom. But the FSF believes this to be necessary to protect your other freedoms given to you through the GPL. Others (like the BSD people) disagree.

    In Europe, you may not say certain things which help fascism. This is obviously a restriction of your freedom. But the European countries believe this to be necessary to protect your other freedoms given to you through democracy. Others (like the USA) obviously disagree.
  • Re:Good to see... (Score:5, Insightful)

    by Anonymous Coward on Monday March 01, 2004 @12:20PM (#8429689)
    >"free speech" is very much an American idea

    This isn't correct, but typical of contemporary US nationalist meme-thinking. The conceptions of free-speech are somewhat different in Europe and the US but if you think "it is very much an American idea " you are in need of an education.

    - The idea of free speech originated first in Europe (maybe elsewhere also). Scores of euro philosophers/political thinkers have argued for free speech long before the US existed, including ancient greeks.
    - The european provisions you mention are insignificant. There are far more important factors to free speech, such as good public service media and the conditions of political campaigns.
    - The worlds oldest freedom of the press-laws are European (the first one was made law in Sweden, which is in Europe last I checked).

    In practice, socio-political debate in west-european countries span a much wider range of ideas than that of the US, and is far more critical of government (power in general). That is the main point of free speech.
  • Free Speech (Score:2, Insightful)

    by microbox ( 704317 ) on Monday March 01, 2004 @12:44PM (#8430023)
    Can I say you mother is a #@!&$# ?? Is that free speach, well I guess you can't stop kids in the playground. That's how SCO's behaving, like kids competing in the (changeable) social order.

    Thus most adults with "ethics", don't go around saying false or misleading statements because they get an untrustworthy reputation, and in the end they weaken their own position.

    Now lets mix the schoolyard with lots of $$$ and political power, and a sprinkle of media manipulation and you've got a receipe for disaster. You must have rules and regulations over free speech, there's no way around it.
  • Re:Good to see... (Score:2, Insightful)

    by Alidar ( 655471 ) on Monday March 01, 2004 @12:52PM (#8430141)
    Regardless of 'social pressure', something being ridiculed is not the same as lack of free speech. In fact, the reason something is allowed to be ridiculed is the freedom of speech.

  • no big problem (Score:2, Insightful)

    by Anonymous Coward on Monday March 01, 2004 @01:04PM (#8430324)
    > But it sounds as if they might still be
    > able to make statements in the press, for
    > example, that are otherwise verboten
    > according to this order.

    When they do so a judge has to decide if they did
    so in order to tell customers and users or not. (Intentions matter!). The German equivalent of free speech, that is "Meinungsfreiheit" (freedom of opinion) holds in Germany. That is they can still say their opinions. But yelling at the press or making statements intended to make people buy licences is not protected.
  • Re:Good to see... (Score:5, Insightful)

    by Experiment 626 ( 698257 ) on Monday March 01, 2004 @01:14PM (#8430446)

    And what is "free speech" if your actors cannot give their personal opinions about current events when accepting awards?

    The kinds of comments you refer to are the entertainment industry equivalent of flamebait or offtopic digressions (like this one, I'm afraid). Such comments add nothing of value to the debate over current events - does skill at acting really confer any special sagacity about foreign policy? Is the opinion being expressed going to be in any way better informed than a soundbite on the issue from the janitor who sweeps the floors after the awards ceremony is over would be?

    Also, such offtopic and inappropriate comments from actors open up a can of worms. Should they be able to make controversial comments that generate lots of backlash against the studios they work for? What if the speech is so controversial it would generally be viewed as insensetive, racist, or hate speech? If some spouting of political comments is good and other types would be bad, what political correctness censoring authority determines how free speech should really be?

    Famous people already have a much louder voice for their personal opinion than their expertise on the matters being discussed would merit. They can give interviews, issue press releases, and often testify before congress about topic they have no particular knowledge about. Does having once played a doctor really make someone an expert on health care policy? Newspaper columnists don't go around claiming their political commentaries entitle them to a role in a film, why do entertainers think being good at acting makes their political opinions worth listening to?

  • Germany (Score:1, Insightful)

    by Anonymous Coward on Monday March 01, 2004 @01:14PM (#8430449)
    Aside from some ...problems... 60 some-odd years ago, the Germans have to be the most rational group I've ever seen. As a nation, they have a much better bullshit detector than we in the US have- Check out how they handled the scientologists as well.
  • by Moraelin ( 679338 ) on Monday March 01, 2004 @01:16PM (#8430474) Journal
    I didn't say that the system was perfect, nor that the compromises were always perfect. Politicians are still politicians.

    Since you mention the doctor fees, well, it's actually a good example of why the process does work for the people. Some things, like making very poor people pay extra fees would have been very unpopular, so they got changed. Seems like democracy at work to me.

    It's not perfect, but let's put it like this: you have to choose between two evils:

    (A) Bending over to do what will please the voters, even if it's a stupidity and/or waters down the law, or

    (B) Bending over to do what will please the corporate sponsors.

    Basically I'll take A over B any time. That's what the government is supposed to do in a democracy, in the first place. That's what "democracy" even means.

    Class action lawsuits are also less necessary here in the first place, since most stuff is supposed to be handled by the government and its agencies, rather than feeding hordes of lawyers and mangling everything through courts. Not necessarily saying it's a better system. It's just the way it works here, and so far it worked well enough.

    It's not bending over to serve the corporations. Au contraire, it's a uniform and centralized (and bureaucratic) way of dealing with them.

    E.g., we actually have laws and government agencies that represent the consumers' rights. If you've been sold snake oil, or otherwise were taken advantage of by a company, you can go to them and they _will_ take action. You don't need to get 10,000 people together and give 90% of the proceeds to the lawyers. The government will do the work for you. It's probably not perfect, but it works.

    Tax law, well, I wouldn't call it that much of an injustice. Taxes rise exponentially with income, and go all the way up. Whatever loopholes those tax experts will find, still won't really make the rich pay less taxes than the poor.
  • Re:Good to see... (Score:5, Insightful)

    by Hektor_Troy ( 262592 ) on Monday March 01, 2004 @01:16PM (#8430478)
    In SOME European countries ... some ...

    Denmark, for instance, has the worlds ONLY state funded Nazi radio station. Why? Because the legislation that allows for publicly funded radiostations set out some guidelines that the Nazi station lives up to, namely public service (like news etc).

    I have absolutely no problem with that. Why? Because if I want freedom of speech, it should also cover the speech I find deeply appaling! If it doesn't, how can it be free?

    And our politicians? Well, they want to ban it. But they can't do it by law, as they haven't broken any laws yet. When they try to remove funding from the station by tweaking the law, they end up closing fifty other stations as well, so that doesn't work.

    And damnit - I wish they'd keep their fucking hands of them! Not because I like Nazis - I don't like their view of the world, but because it is so much easier keeping them in check, when they're out in the open and you can ridicule them instead.

    Nazis here like marching on various occasions. They're allowed to, it's quite legal. So how do you stop them? By having citizens organize a fundraiser. "We will donate ?150 to various jewish organisations [like holocaust center] for every km the nazis march." That took the air right out of their balloon ...

    THAT'S how you use free speech to impede dangerous speech ... not by restricting it, but by making i lose its power by exposing it to sunlight.

    IMHO
  • by Glowing Fish ( 155236 ) on Monday March 01, 2004 @01:45PM (#8430891) Homepage
    There are exceptions to this for speech that is used clearly to harass, intimidate, threaten or extort another person.

    For example, it would probably be illegal in the United States for Supermarket Chain A to run an ad that says "Supermarket Chain B's food is poisoned!".

    However, it would probably have to be a case where speech is very obviously used for such purposes. SCO hasn't yet reached this point.

    The usual disclaimers apply.
  • by pjt33 ( 739471 ) on Monday March 01, 2004 @02:20PM (#8431398)
    I disagree in part. I think it is partly a cultural thing - whenever something goes wrong, someone must be to blame, and they should be sued. I'm disturbed by the way that culture has been spreading to the UK over the past few years.
  • Re:Good to see... (Score:3, Insightful)

    by Baumi ( 148744 ) on Monday March 01, 2004 @02:24PM (#8431459) Homepage
    free speech means I can make all the baseless claims and lie all I want. What I can't do is yell "fire" in a crowded movie theater (the classic example).

    In a way that's just what SCO was doing: Spreading FUD by claiming that there were lawsuits coming when in reality there wasn't any base to that. That's not so different from yelling "fire" in a theatre.

    Right now, I'm sitting on the beach typing this and that later today I'm going to take a long drive in my Ferrari.

    See, that was a lie! I'm sitting in my cubicle right now! But according to your definition of free speech, I just committed a crime by lying where I am and what I'm doing.


    Cut me some slack here, okay? I admit that my wording there wasn't very exact. (IANAL, and neither is English my first language.)

    I was not referring to personal conversation, I was referring to libel and slander. If you're lying about your whereabouts, that's not a crime, of course, and it never should be. (Technically, SCO didn't commit crimes, either - they're not being punished for what they said, they're only not allowed to repeat it unless they can beef it up with facts.) But if you're publicly making wrong accusations against someone else, that person should be able to stop you from making those accusations.

    Again: Imagine I had a big newspaper and I had it in for you: Would you like me to be able to print big headlines with false accusations against you again and again with no way to stop me? (Fining won't help much - my imaginary self would have enough money to pay that without a wink.)

    Or if you had a company and I was a bigger competitor routing claims to the media that your prooduct was somehow defective or dangerous. Shouldn't there be a way to stop me from doing that?

    Note that the court order in the article wasn't simply given out of a whim - it was after fact checking that the court concluded that there wasn't enough to back those claims but that they had the potential to hurt SCO's competition.

    I agree that it's difficult where to draw the line there, again mainly because IANAL, but free speech does not mean that you're powerless against efficient slanderers. There should be a way to say: "Either give me some proof or shut up."

    Baumi
  • by Forge ( 2456 ) <kevinforge AT gmail DOT com> on Monday March 01, 2004 @02:46PM (#8431890) Homepage Journal
    You are being unfair to Yahoo.

    At the very top of the "article". I.e. Above the Headline it says

    "Press Release Source: The SCO Group, Inc".

    Yahoo.com makes it a point to publish unedited, any press release sent to it by "qualified entities". Companies listed on the US Stock exchange automatically qualify.

    Latter on they may or may publish an article on the subject that dose nothing more than rephrase the press release. At that point you can fairly criticize them. Not now and not on this.

    PS: Real Journalists (I.e. Groklaw) Will in all likelihood dig into this story to find out where the relationships run, who owns who and perhaps even what was paid and in what direction the payments went. Hell they might even seek to find out what the makeup of this companies infrastructure is.
  • by Elektroschock ( 659467 ) on Monday March 01, 2004 @07:21PM (#8434785)
    Well, there is a difference between free speech of individuals and corporate PR/financial market information(here:fraud). When you lie in the public and spread rumors and false evidence you cannot say: Well, that's my personal opinion.

    SCO is infringing on certain business standards of communication policy. In germany this is seen as an anti-competitive offence and I believe the rule is good as we see it works while in the US further rumor and misinformation is spread and reported by the press.

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