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    SubjectRe: Linux 2.6.9 and the GPL Buyout
    On Mon, 2004-12-20 at 15:27 -0600, Jeff V. Merkey wrote:
    > This is the final post on this particular thread. I said I would
    > reveal to LKML the purpose behind this original proposal when the time
    > was right. The GPL buyout offer has now expired and is formally closed,
    > now is the time to explian.
    > The purpose behind the buyout was to convert as much Linux code over
    > as possible to another open source operating system project which
    > is sponsored at This project is hosted by the Cherokee
    > Nation and is sovereign under US Federal Laws. This project is merging
    > the Linux Kernel with the Open Source NetWare project and distributing
    > the operating system. The site is operational and the full code repository
    > will be posted with the merged operating system after the Cherokee Nation
    > Public License is published in January. Anyone who
    > wishes to participate can email the site and get an account.
    > Despite dubious reporting and wild conjecture, the buyout was not geared
    > towards helping SCO, or in concert with M$ as some sort of grand
    > conspiracy. It was geared towards creating a new licensing and legal
    > model for open source development. The Cherokee Nation is enacting
    > legislation to promote open source development. So the whole buyout
    > was me and a few folks attempting to convert Linux GPL code into
    > a licensing model and Cherokee Nation Copyrights that renders the
    > code sovereign and immune from litigation outside of tribal courts
    > and jurisdiction. So much for all the SCO and other legal wranglings
    > regarding this effort and open source in general. We are immune from
    > these people and so are any projects that use our licensing or host
    > on our servers. I personally told Darl "Mad Dog" McBride at SCO
    > good luck and to buzz off.
    > We are adopting Federal Copyright and Trademark law, and Federal Patent
    > law into our courts. We are also enacting trade secret laws that make it
    > easier for folks to claim trade secrets on Open Source code for
    > individual authors.
    So am I reading this right. You are talking code that people have
    written under various licenses and just putting your own license
    on it?


    > Whether anyone here bites at this or not neither adds or detracts from
    > the opportunity and what we are doing. We have been around a long
    > time in North America; over 7,000 years from our own
    > recorded history, which is a lot longer than even IBM has been around. We
    > will be here 1000 years from now (and hopefully so will our website and
    > open source projects).
    > Wa-Do
    > Jeff V. Merkey
    > -
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