Definition of Intellectual Property? [LWN.net]

Definition of Intellectual Property?

Posted Aug 6, 2003 22:32 UTC (Wed) by alonzo (subscriber, #2770)
Parent article: The text of SCO's "Linux license"

7.0 LIMITATION OF WARRANTY
SCO MAKES NO WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED WITH RESPECT TO
ANY SOFTWARE OTHER THAN THE SCO INTELLECTUAL PROPERTY DEFINED BY THIS
AGREEMENT.

I don't see where they "define" any intellectual property??? What am I missing?

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Definition of Intellectual Property?

Posted Aug 7, 2003 3:56 UTC (Thu) by riel (subscriber, #3142) [Link]

You're not missing anything, read again:

1.9 "SCO Product" shall mean the SCO intellectual property in Object
Code format included in any or all of the following: (i) the Software,
(ii) the Updates and (iv) any copy of the Software or Updates; to the
extent made available to You.

2.0 GRANT OF RIGHTS AND OBLIGATIONS
SCO MAKES NO GRANT OF RIGHTS OF ANY KIND WITH RESPECT TO ANY SOFTWARE
OTHER THAN THE SCO PRODUCT COVERED BY THIS AGREEMENT.

2.2 This Agreement does not grant a right to receive any
distribution of software from SCO.

I don't see SCO making explicit claims about Linux containing any proprietary intellectual property of Caldera/SCO. To my untrained eye this looks suspiciously like they are selling hot air, in exchange for people giving SCO money, the right to have SCO audit them at any time and limiting their Linux deployment. The word "proprietary" is mentioned twice in the license, but I can't see how that relates to "The Software", meaning Linux.

Of course I am not a lawyer, so you should show this document to your own legal counsel, giving them a fair chance to laugh at it.