Linux 2.6.9 and the GPL Buyout

From: Jeff V. Merkey
Date: Mon Dec 20 2004 - 16:31:25 EST

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.

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).


Jeff V. Merkey

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