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FOSS Friendly IBM is Attempting to Destroy OpenLava

posted by cmn32480 on Sunday November 06 2016, @11:46AM   Printer-friendly
from the big-blue-going-for-the-kill dept.

An Anonymous Coward writes:

Several years ago Platform Computing (now owned by IBM) released an open source version of LSF (Platform Load Sharing Facility) -- their premier software product. LSF is a workload management platform and job scheduler for distributed HPC environments. In recent years that open source product has begun to flourish, and now IBM is using the DMCA in an attempt to erase all progress made on the project since it was first released. I guess if you can't compete, you call your legal team...

As posted on the OpenLava mailing list:

> Hello all, this is David Bigagli the founder of OpenLava, I am writing
> on behalf of the OpenLava project. As some or most of you might have
> noticed the GPL2 OpenLava project is under attack by the IBM
> corporation. The github software repository have been shut down under
> the US DMCA law and now the OpenLava website www.openlava.org, hosted
> on Amazon S3, which provides the source code to the latest 4.0 and 3.0
> version will be shut down in the next 24 hours unless the source code
> is removed.
>
> IBM claims that the versions of OpenLava starting from 3.0 infringe
> their copyright and that some source code have been stolen from them,
> copied, or otherwise taken from their code base.
>
> I have developed most of the OpenLava code and I have reviewed all
> contributions. All this development was done without access to any
> IBM code. All IBM claims regarding the source code are false and
> fabricated.

Full release from OpenLava is here: http://www.openlava.org/download/download.html

Original Submission

 
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  • (Score: 2) by Whoever on Sunday November 06 2016, @07:16PM

    by Whoever (4524) on Sunday November 06 2016, @07:16PM (#423217) Journal

    Scanning isn't sufficient.
    1. A clear claim of infringement:

    It recently has come to IBM's attention that a software project titled "openlava" has been uploaded to GitHub, Inc.'s ("GitHub") website and includes unauthorized copies of IBM's Software (the "Infringing Software").

    2. Some weasel words:

    I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner,

    So which is it, Mr/Ms [Private laywer]? The software is infringing (first quote), or you only have a good faith belief that it is infringing (second quote)?

    If any claim of perjury is made, clearly the lawyer will point to the "good faith belief". The real question is, can the lawyer justify a good faith belief? What investigation did he/she do to establish that good faith?

    Starting Score:    1  point
    Karma-Bonus Modifier   +1  
    Total Score:   2