on Thu, Nov 13, 2003 at 09:38:42AM -0800, Lawrence E. Rosen ([EMAIL PROTECTED]) wrote: > On Thursday, November 13, 2003 3:41 AM, Mahesh T. Pai wrote:
> > Could not any of the copyright holders to the Linux Kernel sources > > (I understand that there are several, since Linus does not > > seek assignment) initiate appropriate proceedings against SCO's > > claims against the several Fortune 500 companies?? > > > > Surely, there is no claim that _every_ file in the kernel sources > > is infringing; so far as I can understand the pleadings. But, the > > claim for royalties ( or whatever against the fortune 500 cos) > > does not restrict the claim to use of the infringing files. > > Hence, the last paragraph (the proviso) has no application. > > > > There have been enough public statements from SCO's officers to > > invite such litigation. I am also aware that the owner of > > copyright in majority of the files making up the kernel sources > > is at present in the US .... thus making the job easier ... > Why would we bother? We'd be in the same court, with the same attorneys, > and the same issues to resolve, as SCO/IBM are already. Does the open > source community need yet another lawsuit? /Larry Rosen It's a matter of strategy more than legality. Red Hat has sued for injunctive relief largely to speed the process along. If Caldera/SCO can be made to reveal their evidence -- or far more likely, lack thereof -- in advance of the March, 2005 court date for the IBM case, we can watch this whole thing go away and get on with real business. I suspect this case is going to be rather more about funding sources and running Caldera/SCO through its legal "warchest", and of compelling it to spill its evidence (or, again, lack) on an accelerated schedule, than it will be about the specifics of the underlying complaint, per se. Example: speculation on one of the commentary sites was that the latest funding disclosures regarding terms of Boies remuneration give his law firm a 2-3% equity stake in the firm. At what point does he cease being a lawyer and start being what he represents, himself. Discussion with a legally-savvy friend raised the possibility that IBM seek to depose Boies as a witness. While he might not be able to tell much, he'd be unable to serve both as counsel and witness on the case. Meaning Caldera/SCO had just lost $20m - $30m worth of warchest on tainted counsel. While this specific eventuality may not come to pass, I'd put certain money on the fact that tactics which serve largely to exhaust or lock up our Lindon friends' limited resources likely will. After all, flipping sides, Caldera/SCO has done relatively little itself within scope of law -- the bulk of its actions have been on the PR and financing fronts. Legal actions have largely consisted of creating PR fodder and stalling real progress. Stop thinking like a lawyer, Larry. Think like someone who wants to _win_ this thing ;-) Peace. -- Karsten M. Self <[EMAIL PROTECTED]> http://kmself.home.netcom.com/ What Part of "Gestalt" don't you understand? Bush/Cheney '04: Four More Wars!
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