[TriLUG] Question on SCO

Roberto J Dohnert RobertoDohnert at netscape.net
Wed Sep 3 11:28:33 EDT 2003


Sontag was quoted in an interview saying that when SCO wins there are no plans to share with the Linux community any of the code that is supposedly incorporated in the Linux kernel, that only SCO has the right to see its UNIX source code.  Why is SCO interested in not seeing the code taken out of Linux and couldn’t a judge require SCO to share the so called infringing code?  A few other things, Eric Raymond was quoted on the Linux show stating that the GPL is invalid in this case because the last kernel SCO shipped was kernel 2.4.13 which is wrong, SCO Linux incorporates Linux 2.4.19

ftp://ftp.caldera.com/pub/scolinux/server/4.0/updates/SRPMS

Here is the link. According to my attorneys, SCO is still held liable under the GPL and is still in violation.  The angle SCO was taking saying that the GPL is invalid because it violates U.S. Copyright laws is also wrong, as SCO is not required to license their code under the GPL, they agreed to do it. When you agree to license your code under the GPL you are giving up any rights you may have under the copyright laws.  Incorporating the GPL with your source code is a voluntary act you can pull the GPL and decide not to use it anymore but when you decide to do that, everything before that point is still considered public domain and you cannot punish anyone for using it, any enhancements after that point are protected under whichever commercial license you decide to use.  Sontag's war of words is very amusing.  They were using this slide-show as the main references for showing analysts and other who view the SCO "evidence" that this is some of the code that was ripped off.  BUT, in an interview after the code was discredited he said that it wasn’t actually the code that was ripped off but that SCO was showing it as proof that direct copying does occur.  So, is it the code that was infringed? As he repeatedly said to analysts and other experts, or is it not?  In my opinion, SCO is and will refuse to show the code even if they do win because it wants to keep a permanent cash flow open as Linux is more popular than UnixWare and OpenServer. I recommend not paying SCO before it wins any court case but, in the case of hell freezing over, save some cash.


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