The text of IBM's counterclaims
Posted Aug 11, 2003 12:50 UTC (Mon) by Wol
In reply to: The text of IBM's counterclaims
Parent article: The text of IBM's counterclaims
In which case, SCO would be welcome to use linux INTERNALLY. But they could NOT distribute it.
The problem is, they have been DISTRIBUTING code, and now they are claiming that the recipients cannot distribute it further because it contains SCO IP. In other words, they are DISTRIBUTING a MIX of GPL and non-GPL code. Bang! Clause 4 goes off!
And the fact that they are STILL distributing linux code to all and sundry from their ftp server merely compounds their breach of copyright.
As I've mentioned elsewhere, there's a simple way round that, if they wanted to pull the ftp server and still remain in compliance with the GPL, but I'm not going to give them ideas ...
But the fact is, SCO *is* and has been distributing linux to world+dog. They are also claiming that the distributed code contains their proprietary IP, which *users* are obliged to licence. That claim promptly breaches the GPL, which means SCO are not entitled to distribute linux, which means SCO are breaking copyright law in a BIG way!
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