>I think SCO is going to get themselves laughed out of court.  The burden of
>proof is on them.

  I've just read through the complaint - and it is far from giggles.  It
says that IBM developed AIX under a Unix license, and then signed an
additional contract "Project Monterey" - and has taken proprietary code
from those and open-sourced it into Linux.

  This, if true, appears to be a clear breach of license/contract.  It
really doesn't have anything to do with Linux's quality or capabilities.

  Can SCO prove this?  They quote from the original Unix license (under
which IBM developed the AIX "flavor") showing that the source code is
not to be disclosed.  Then, in paragraph 92, they quote an IBM VP saying,
"We're willing to open source any part of AIX that the Linux community
considers valuable."  That certainly is not proof that IBM violated the
license - but it raises questions.

  Also note that the lead attorney for SCO (David Boies) has a rather
formidable reputation.  I wouldn't underestimate him.

--henry schaffer

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