John, On Thu, 03 Jun 2004, John A. Boyd Jr. wrote:
> Goes to my point about what prevents IP lawsuits from being filed... 8^( > > Sounds like confusion about what copyright is (as opposed specifically > to what patent is), but I now expect that sort of confusion. > > (I don't know what 'IANAL' is...) I Am Not A Lawyer. (A little way of avoiding establishing what would otherwise be a feduciary relationship.) Maybe I should say IAAE. (I Am An Engineer. Couldn't spell it before, but I are one. ;) > > If someone is confusing patent and copyright protections, your > clean-room efforts may not help much. Patent violations are > patent violations clean room or not, and if someone decides to > sue you for reading a manual or man page and working from it, all > you can do is defend yourself against the charge, and try to get > your lawyer to convince the judge to tell the plaintiff that > they don't know what they're talking about and that what you've > done has copyright protection if no patents have been infringed. > > But this is hypothetical; I don't think it's likely. I think its unlikely too. Perhaps SCO just threw it on the pile of unreasonably universal claims. Nevertheless, a single-authored work might make more traceable the defense against more honest claims that the work was copied directly and substantially from copywritten sources. --brian > > -John > > Brian F. G. Bidulock wrote: > > John, > > > > It appears that many of SCO's claims are that their rights are infringed > > by any implementation of an SVR 3 or later interface. Indeed their claims > > against AutoZone appear to be that just because Linux implements the same > > SVR 4 IPC interface that the mechanisms somehow must be derived from SCO's > > copyrights. IANAL, but that doesn't sound valid in of itself. > > > > I will soon post a beta of Linux Fast-STREAMS. It might have the advantage > > that, as it stands, it is a single-authored clean room expression with no > > contributions from outside sources. > > > > --brian > > > > On Thu, 03 Jun 2004, John A. Boyd Jr. wrote: > > > > > >>It doesn't matter where intellectual property is hosted. IP ownership > >>begins with authorship, and transfers only explicitly. Use of IP > >>doesn't imply ownership at all, and hosting is only a form of use. > >> > >>That said, very little can stop IP-related lawsuits from being filed, > >>and little seems to be taken as obvious in such cases. One can only > >>hope for reasonable and well-informed courts. > >> > >>As for the authorship question, I can only speak for my contributions; > >>I don't know about the rest of LiS. At least some of my contributions > >>to LiS, which include fifos & pipes, FD passing, and fattach/fdetach, > >>weren't part of any SCO or Caldera Unix variant when I wrote them (from > >>scratch, using only manpages and books as references), so they couldn't > >>possibly have been authored by any party with an SCO ownership interest. > >> > >>I don't know if they're yet in AIX or other SCO-derived Unix variants, > >>but I have no access to such systems to be able to check that for > >>myself. > >> > >>Maybe SCO has looked a little closer at LiS and realized that it's more > >>original than not. > >> > >>-John > >> > >>Francois-Xavier 'FiX' KOWALSKI wrote: > >> > >>>Hello Dave & all, > >>> > >>>anyone having a comment about the below? This is a quote from an article > >>>published on the excellent <http://lwn.net> so I assume that they are > >>>good sources, although I have not yet come to verify them. > >>> > >>> Finally, and, perhaps, most interestingly, SCO has included a set of > >>> other files (exhibit 28-G) for which it claims ownership. The first > >>> part of this list consists of the Linux streams (LiS) patch > >>> <http://www.gcom.com/home/linux/lis/> which has never been part of > >>> the mainline kernel. Interestingly, the LiS distribution was hosted > >>> at Caldera > >>> <http://www.uwsg.iu.edu/hypermail/linux/kernel/9701.3/0585.html> for > >>> some time. But the company formerly known as Caldera would rather > >>> forget that now; the company claims, in its filing, the LiS has not > >>> appeared in "any Linux-related product distributed by SCO." > >>> > >>>br. > >>> > >>>-- > >>>Francois-Xavier "FiX" KOWALSKI /_ __ Tel:+33 (0)4 76 14 63 27 > >>>OpenCall Business Unit -- OCBU / //_/ Fax:+33 (0)4 76 14 14 88 > >>>Signalling Products Engineering / http://www.hp.com/go/opencall > >>> i n v e n t > >>> > >> > >>_______________________________________________ > >>Linux-streams mailing list > >>[EMAIL PROTECTED] > >>http://gsyc.escet.urjc.es/mailman/listinfo/linux-streams > > > > > > _______________________________________________ > Linux-streams mailing list > [EMAIL PROTECTED] > http://gsyc.escet.urjc.es/mailman/listinfo/linux-streams -- Brian F. G. Bidulock ¦ The reasonable man adapts himself to the ¦ [EMAIL PROTECTED] ¦ world; the unreasonable one persists in ¦ http://www.openss7.org/ ¦ trying to adapt the world to himself. ¦ ¦ Therefore all progress depends on the ¦ ¦ unreasonable man. -- George Bernard Shaw ¦ _______________________________________________ Linux-streams mailing list [EMAIL PROTECTED] http://gsyc.escet.urjc.es/mailman/listinfo/linux-streams
