Killing SCO means killing GPL! [LWN.net]

Killing SCO means killing GPL!

Posted Aug 21, 2003 12:27 UTC (Thu) by rjw (guest, #10415)
In reply to: Killing SCO means killing GPL! by tpeters
Parent article: Aiming at the GPL?

Don't be an idiot.

When you distribute something proprietary mixed with GPL code, you have four choices:
1) Stop distributing altogether.
2) Continue infringing copyright, and face $150,000 per violation.
3) Replace the GPL'ed section of the code with code you do have a licence to distribute.
4) GPL the other code if you have the right to.

In all these cases, you may be liable for $150,000 per violation for acts committed previous to the copyright holder bringing the infringement to your attention. But the copyright holder must prove you knowingly violated if you choose 1), 3) or 4). It would probably be hard.

SCO is claiming that their Unix licence still applies after you have replaced the viral code. This requires a complete overhaul of copyright law, and a massive expansion of the domain of derivative works. In reality, the code does not become "tainted". Eg
Sequent/IBM add RCU to Unix, remove Unix, add their own RCU code to Linux. At no point is any code covered under the Unix licence linked to GPL'ed code. Basically, SCO are talking crap. And so are you.

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