RE: [MLUG] latest SCO shite

[Jonathan King <EMAIL:PROTECTED>]

On Sun, 7 Dec 2003, F Vernon Green wrote:

> I really wonder what is going to happen here. 
> 
> If SCO does have a claim, what will happen when the offending code is
> revealed?

That would depend on what it was, and whether SCO turns out still to 
have a legitimate copyright themselves on the code.  Check google 
for the BSD/ATT case and see what I mean.
 
> You see there is a ploy going on here by IBM as well. IBM could be
> simply forcing SCO's hand so they can get their hands on what SCO
> has. Namely the information on what they are claiming to own.

Really doubtful because of one word:  AIX.
The SCO suggestion has always been that improper code has gotten 
into Linux, and from IBM's point of view, this would have happened 
through the source that creates AIX.  They have that source, and 
everybody has the Linux source.  IBM generally does not blow smoke, 
and the judge (and every lawyer commenting on the case) has always 
maintained that SCO has the burden to prove that something was 
illegitimately copied.

> I guess the question is what happens to Linux if SCO's
> intellectual property has been violated? Does SCO then own all of
> Linux from now on?

Of course not.  Offending code has to be removed or licensed, and 
there could be some monetary damages (real and punitive, if they 
could show that somebody copied the code with reckless disregard or 
an aim to ruin SCo or something).

> Does the Linux user have to pay a royalty for every copy they have
> used and ever will use? Or does IBM just pay them off, adjust the
> code, and go on their merry way?

SCO has been shockingly slimy during this whole case by insisting 
that, yes, every Linux user is infringing (because they have the 
source, you see...) and trying to get people and companies to pony 
up EVEN BEFORE THEY SHOW THEY HAVE A CASE.  IBM would or could pay 
them off IF IBM saw a problem.  But since they have on staff some 
spectacular IP lawyers and feel that SCO has no claim, they're going 
this route.
 
Or to put it another way, SCO could win big if they win, but there 
are only 2 stock analysts on the planet who follow them.  One has a 
strong "sell" out, while the other rated the stock as a "buy" 
because the lawsuit could or should be worth something.  Nobody 
with expertise (and that doesn't include me) who looks at the 
situaion hard enough sees anything more than a lottery ticket's 
chance that SCO could prevail, given that they have had such 
problems even producing a single line of infringing and infringed 
code.

jking


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