The text of IBM's counterclaims
Posted Aug 8, 2003 18:26 UTC (Fri) by dwalters
Parent article: The text of IBM's counterclaims
It's good to see that IBM are leveraging the GPL here. It shows that IBM really understand it, are comfortable with it, and that their lawyers are confident in it, and that bodes well for IBM's future involvement with Linux.
Contrast that starkly with SCOs lack of understanding of (or complete disrespect for) the GPL:
SCO's Blake Stowell admitted that SCO was still providing Linux source code and security patches on its Web site in order to fulfill support contracts with customers, but said "If our IP is being found in Linux and that's being done without our say, then I don't think that the GPL can force us not to collect license fees from someone who may be using our intellectual property".
I believe he's wrong. Section 7 of the GPL is very explicit in this regard:
7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
to post comments)