Quoting Mike P ([EMAIL PROTECTED]):
> Please, I'm no lawyer, just a linux fan ;)
Not a problem.
> 1. Parts of 4.3 BSD was incorporated to Unix System V (The
> exact parts that were copied was not stated, apparently
> sealed in the judicial records).
Yes, but part of the settlement required that AT&T correct this by
prospectively restoring the missing copyright notices.
That's why I was surprised when you said "$CO's Unix Sys V incorporates
BSD codes in violation of BSD license." Incorporated (past tense) would
be correct, but "incorporates" (present tense) would be very major news.
> Although the infringement was not committed by $CO, the very
> fact that their alleged "IP" contains copyright violations
^^^^^^^^
> itself drastically reduces their chance of legally proving
> ownership to all OS derived from Sys V. The USL vs Berkeley
> records will surely be used in the current $CO vs IBM case.
Well, _contained_ (past tense), at least. ;-> It's conceivable that
some unlabelled BSD code is still at issue, but we don't yet know,
because (of course) Caldera/SCO is still being coy about specifics.
It's at least equally likely, if not more so, that Caldera/SCO has
independently reinvented AT&T's error of wrongfully incorporating
publicly available work without attribution (this time, concerning
something newer than 4.3BSD or Net2), and thus fooled itself into
thinking the borrowing went the other way when they re-encounter the
publicly available source, later.
> At this point, $CO looks like a loser in the case, not to
> mention the countersuits that will follow. =)
The list of ways in which the suit is vulnerable, at the very least,
continue to grow.
One of the most bizarre and unnerving aspects of the case is the stream
of wild statements emerging daily from Caldera/SCO. Normally,
corporations involved in litigation simply don't act that way. Instead,
they stay very quiet and careful in their public statements, because
they know those could hurt their position in court. Caldera/SCO keeps
acting as if making wild and unsupportable charges is OK and doesn't
matter. It's difficult to know what to make of that. Some
possibilities:
o Caldera/SCO's case is so ironclad that nothing they say in public
could significantly hurt it. (This is the possibility that gives
people nightmares.)
o Caldera/SCO is desperate, and desperate people do crazy and
unpredictable things.
o Caldera/SCO's management are delusional and acting against the
company interest.
o Caldera/SCO's management are pursuing a short-term strategy to
increase their stock price, and/or to get bought out.
--
Cheers, find / -user your -name base -print | xargs chown us:us
Rick Moen
[EMAIL PROTECTED]
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