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RE: [LUG] Serious threat to Commercial Linux?



My legal assessment (Im not a lawyer TM) :-

IMHO SCO's law suit is riddled with inaccuracies and contradictory holes. If
any of the historical evidence that has lead to this situation is to
believed then SCO wont have a leg to stand on in any fair and rationale
court of law. Of course we dont live in a fair or rationale world but
putting that aside, any case brought against IBM (who are SCO Groups main
target) will lead to heightened media attention, and anything that brings
GPL into the public domain will get people thinking. I think that GPL is
ready (although it is not being directly challenged here), and the Open
Source community may just witness their own coming of age with "IBM" as
their "older" brother there to assist them. If Microsoft have bought
licences from SCO as rumoured in the press, and even if Microsoft want to
buy SCO its their affair, however if the arguments are put forward correctly
in court two key facts will emerge.

1. Both UNIX and Linux have both been developed in a "community" so proof of
ownership is difficult.
2. Linux is a "from scratch" implementation of UNIX and has nothing to do
with what IP SCO owns (or claims to own) now.

I hope it will prove how impractical IP law has become in a free Internet
based society where ideas are prone to (rapid) cross fertilisation. But
thats more of a hope than a certainty.

Bottom line .... This will keep the lawyers pockets lined for a while.

My commercial assessment of what SCO are doing

Its interesting to note that share prices of SCO went up considerably when
the suit was first announced (dont know / care what they are now). Now it
would be interesting to see if certain key figures in SCO have cashed in yet
or not (esp. when share prices fall). If there is anyone with technical
competence within SCO they will know that the outcome of this suit is at the
least doubtful and risky. Of course, on the other hand if they have seen the
writing on the wall one could be very cynical and suggest that SCO
manufactured this in order to make on last quick buck for the shareholders.

Other commercial interests

If linux has gained enough momentum ( and I am not sure on this one ) many
companies and institutions will be thinking "how much will I loose if  IBM
loose ?". Bill Gates got one thing right (hate to admit this) Linux is
"parasitic" in that it finds its ways into corporations and institutions in
the most obscure places, it may not be officially recognised but its there
and its doing a job, in most cases cheaply and reliably. Who would want to
remove it ? For example look at the open source projects being funded by the
likes of the German Government (to name but one). There are a lot of
commercial vested interest that would like to see linux continue, if the
MD's cant see it the techies in the organisations will show them just how
much their companies will bleed without it. 

Many people say Linux isn't commercial, maybe it isn't, but commercial value
it has plenty of. If your in business and you cant see that then your in
trouble or soon will be.

Conclusions

Linux / Open source is a survivour. It is everybodies "brother", but
nobodies "slave".

If you want to make sure of the correct result put out a distress call
across the internet, mobolise the techies to lobby their companies  MD's /
CEO's and show them what they will loose without  Open Source Linux.

Tom.

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