On Tue, 2003-08-19 at 11:05, Phillip Hellewell wrote: > > You'll see that the Linux comment is nearly identical to what was posted > to Usenet nearly 20 years ago. This could hardly be considered > proprietary UNIX code!
As has been pointed out, although this code was copied (apparently by SGI) from the original unix source code into the kernel source, it is not a Copyright violation because the old-SCO and also Caldera licensed this code (1979 Unix version 7) under the BSD license which allows for GPL'ing and inclusion in a GPL code base, such as linux. I think this is the case for most, if not all of the supposed copyright infringements. Some of the code, like the RCU code, is another issue, because it's not code copied from SCO, but rather code contributed by IBM to SCO/Unix and to Linux which SCO claims they now own because of the contract (it's derived work; and they say the GPL is viral). The catch here is that the code was actually created by Sequent, which IBM has purchased. Sequent was not bound by the contract IBM signed with SCO, so the whole issue is somewhat messy. The courts will sort this one out, but the issue of copyright infringement as Darl McBride has been digging, is nothing. Their GPL argument is laughable, so say the least. My lawyer friend tells me it's not a sound argument. One has to wonder about the law firm they are hiring. Are they really that stupid? I don't think they are, but one wonders who's running the show at SCO. Also why isn't all the information coming from the law firm instead of SCO? Sounds like SCO is undermining their own case every time they open their mouth. They should be more like Martha Stewart and redirect all questions at their lawyers. > If this is the best SCO can do, they have a REALLY WEAK case. This whole infringing crap is really just a huge Chewbacca defence in the face of their real case, which is a contract issue between them and IBM. The rest of this simply has no bearing on anything, because they haven't initiated any legal action on any other basis. This is all just smoke in a hopes of intimidating people into paying them. They are distracting us from the real issues. -- Michael L Torrie <[EMAIL PROTECTED]> ____________________ BYU Unix Users Group http://uug.byu.edu/ ___________________________________________________________________ List Info: http://uug.byu.edu/cgi-bin/mailman/listinfo/uug-list
