[ale] GROKLAW- SCO Drops Linux Claims

[Bob Toxen]

On Tue, Feb 10, 2004 at 08:46:56AM -0500, Stuffed Crust wrote:
> On Tue, Feb 10, 2004 at 07:38:19AM -0500, Van L. Loggins wrote:
> > http://www.groklaw.net/article.php?story=20040206155753777

> Note that they're still claiming that IBM has "improperly contributed" 
> technologies they claim are derived from SysV.  This includes RCU and 
> JFS.

> So while the whole trade secret thing is out, it's now simply "copyright 
> violation".  And their argument is actually fairly legally sound, at 
> least from their interpretation of "derived works".
SCO is claiming that since AIX is a derivative work of SCO's Unix System V,
AIX *** as a whole *** is copyrighted by SCO.  However, legal scholars
(somewhere online I quoted them) have determined that additions by the
non-copyright owner, e.g., IBM are NOT covered under the copyright.

This means that SCO's claim that IBM's enhancements to System V that
do not contain original code are not under SCO's copyright.  Since,
SCO has dropped Trade Secret claims, leaving only copyright claims,
they have nothing.

They also have not provided a single line of evidence, in defiance of
court order.  They now only claim either only a few lines of infringing
code ($5 billion for a few lines of code?  Right.) or hundreds of
millions of lines.  There aren't that many in Linux to say nothing
of the amount derived from AIX.

Good bye SCO!

> I'm sure IBM will happily mop the floor with 'em.
Yup!  It will be an example to others!

>  - Pizza
> -- 
> Solomon Peachy                                   pizza at f*cktheusers.org
>                                                            ICQ #1318444
> Quidquid latine dictum sit, altum viditur                 Melbourne, FL

Bob Toxen
bob at verysecurelinux.com               [Please use for email to me]
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"Microsoft: Unsafe at any clock speed!"
   -- Bob Toxen 10/03/2002