RE: [MLUG] latest SCO shite

["F Vernon Green" <EMAIL:PROTECTED>]

Thanks for the reply.

There is always an unknown here. And that unknown is the judge.

How many judges out there know as much about Technology as you or I? I am
sure there are a few that have an idea, but law itself is an occupation
itself that requires total dedication. Once the code is produced, and I am
sure that SCO has something that they are claiming is theirs, then both
sides will produce "experts" to claim that their side is correct.

So put yourself in the judge's shoes. You know nothing about what they are
talking about, both sides say the other one is wrong. You have to choose the
most convincing side at that point, if they both have a case.

I am still a little concerned considering the environment, that SCO will be
seen to have a case. Remember the USFL, they got a judgement against the
NFL. The case said that the NFL held unfair business practice against the
USFL. Everyone though that the USFL had no case. In truth the judge found
that the USFL was correct and the NFL DID operate in a way that damaged the
USFL, the amount of the damage? One dollar.

There is a distinct possibility that this is what will happen here. IBM will
be found to be in violation, but the value of the violation will be
negligible since SCO was on it's way down the death spiral already.

-----Original Message-----
From: EMAIL:PROTECTED
[mailto:EMAIL:PROTECTED] On Behalf Of Jonathan King
Sent: Sunday, December 07, 2003 7:39 AM
To: MLUG Members
Subject: RE: [MLUG] latest SCO shite


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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