you are premature, I think

Posted Nov 3, 2006 17:13 UTC (Fri) by JoeBuck (subscriber, #2330)
In reply to: Novell can no longer legally distribute Linux, SAMBA and OpenOffice.org by NZheretic
Parent article: Various responses to Microsoft/Novell

If Microsoft were to sue someone for patent infringement, and Novell were then to say that paying Novell customers have a patent license, at that point it seems clear that Novell could no longer legally distribute the "infringing" work. But this has not happened yet. We don't know the exact terms of the deal.

All that is needed is the threat of a lawsuit : Declaratory judgment

Posted Nov 3, 2006 17:33 UTC (Fri) by NZheretic (guest, #409) [Link] (1 responses)

The SCO Group did not directly threaten Redhat, but the just the threat by SCO to Redhat's customers was enough for Redhat to bring a case before the courts.

Also, unlike SCO lawsuit and most patent cases, it would be a lot easier for a copyright holder of the GPL'ed source to demonstrate actual ownership and request a Declaratory judgment.

All that is needed is the threat of a lawsuit : Declaratory judgment

Posted Nov 3, 2006 18:38 UTC (Fri) by Ross (guest, #4065) [Link]

Actually I recall them naming Red Hat specifically as a company that (supposedly) was benefiting from the alleged infringement. I also remember one of the company officers said something like "there will be a day of reckoning" for Red Hat. I'm sure you can find some similar quotes in Groklaw's quotes database or on the Web in general...