Cross-posted to PLUG... Jim's got something for us all to think about.

On Fri, May 30, 2003 at 03:23:12AM +0800, Jim Ayson wrote:
> By the way, does PLUG have a position on the whole SCO brouhaha? Seems to 
> me the only one who can benefit from Linux FUD (fear uncertainty and doubt) 
> is not so much SCO but Microsoft.

As for a formal position, not yet.  Everyone there scoffs at all this
tough talking by SCO though.  Like all the Linux people all over the
world we're waiting for them to either put up or shut up.  In any case,
it looks like SCO's painted themselves into a corner here, thanks to the
GPL.  They say they have their own copyrighted/patented/whatever code
inside the Linux kernel.  The Linux kernel is GPLed.  They distributed
this GPLed code themselves.  There are now two possibilities:

1. They licensed their code under the GPL.  They thus have no cause for
   their lawsuit, which is bad, and have wasted tons of money on legal
   fees and blew their reputation with the entire Linux and Unix
   community.
2. Or they did not grant such a license, violating section 7 of the GPL,
   and thus committed willful copyright infringement against Linus
   Torvalds and all the other kernel developers by distributing the
   kernel without a license, which is even worse.

Either way they are fscked.  The worst that can happen here is that IBM
pays damages to SCO for their alleged trade secret violation.  If a
trade secret gets out, you have no other recourse under the law.
There's no way to put the genie back in the bottle.

(I should be a lawyer... ;)

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