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
-Original Message-
From: Mahesh T. Pai [mailto:[EMAIL PROTECTED] On Behalf Of
Mahesh T. Pai
Sent: Thursday, November 13, 2003 3:41 AM
To: License Discuss
Subject: OFF-TOPIC - The SCO suit
A bit off topic; but I guess that people on this list
have the interest, resources and the capacity, to
implement what I have in mind, if it can be done at all.
Please see the following extract from the Indian Copyright Act.
begin quote
60. Remedy in the case of groundless threat of legal proceedings-
Where any person claiming to be the owner of copyright in any work,
by circulars, advertisements or otherwise, threatens any other
person with any legal proceedings or liability in respect of an
alleged infringement of the copyright, any person aggrieved thereby
may, notwithstanding anything contained 1[in section 34 of the
Specific Relief Act, 1963 (47 of 1963)] institute a declaratory
suit that the alleged infringement to which the threats related was
not in fact an infringement of any legal rights of the person
making such threats and may in any such suit-
(a) Obtain an injunction against the continuance of such
threats; and
(b) Recover such damages, if any, as he has sustained by reason of
such threats.
Provided that this section shall not apply if the person making
such threats, with due diligence, commences and prosecutes an
action for infringement of the copyright claimed by him.
end quote
Does not the US law have similar provisions??
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 ...
--
+~+
Mahesh T. Pai, LL.M.,
'NANDINI', S. R. M. Road,
Ernakulam, Cochin-682018,
Kerala, India.
http://in.geocities.com/paivakil
+~+
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