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SCO and Linux, This One Will Run And Run (IT-Director)

SCO and Linux, This One Will Run And Run (IT-Director)

Posted Aug 5, 2003 16:07 UTC (Tue) by spitzak (subscriber, #4593)
Parent article: SCO and Linux, This One Will Run And Run (IT-Director)

Actually revelation of the code would *help* SCO's case. Removal of the code from Linux would be proof that even the Linux kernel hackers agree that the code was stolen. SCO could then sue IBM or whoever copied the code and would certainly win in that case.

If SCO wanted to win the case, they would be documenting and publishing exactly the location of the code so that they can collect any counter-claims of "that was written by so-and-so" and figure out how to refute them or refine the set of code they want to claim is theirs. Or better yet, hope the kernel hackers replace the code without even questioning where it really came from. And they would be getting this into court as soon as possible so that it happens just after the code is removed. They could suboena some kernel developer to testify that the code was removed and that it is being done so because they did not have permission to use it, that would slam-dunk their case. IBM or whoever did the copying would be guilty of copyright infringement even though there is new Linux that is not infringing, and could be sued for huge amounts or forced to buy out SCO. They may even be able to sue other companies like RedHat if they can prove that somebody there knew of the copyright violation at the time they started using the code. Also if they are interested in hurting commercial Linux they would as all other work would be put on hold and sales halted until the companies could distribute a non-infringing version. But all of this requires that they reveal the exact location of the code.

The trick is that this is not what SCO wants. It should be obvious that SCO is being paid by a third party to publish FUD about Linux. Investors are not stupid, they are buying stock not in anticipation of SCO winning any case, but in anticipation of them collecting more payment from this third party.


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SCO and Linux, This One Will Run And Run (IT-Director)

Posted Aug 7, 2003 6:40 UTC (Thu) by guybar (subscriber, #798) [Link]


I disagree. Such removal of the code can be presented for what it truly is: the pragmatic extraction of a pain, w/o admitting any fault or wrong-doing.

The said hypothetical kernel-dev. would simply say something like "I don't think there was anything wrong, in terms of IP or any other laws, in the extracted portion, I think it was simply too big a hassle to maintain it"

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