Re: [LUG] SCo & kernel spat

[Mark Evans <mpe@xxxxxxxxxxxxxxxxxxxxxx>]

On Sat, Aug 09, 2003 at 10:20:18PM +0100, Simon Waters wrote:
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> Ray Smith wrote:
> >
> > Qustion is :  If I WERE to take any notice of this
> 
> I wouldn't - see the discussions in u.c.o.l for various explanations.
> 
> Basically SCO have distributed the code under the GPL, and have not
> ceased to distribute since they realised their mistake, so their legal
> position is probably non-existent.

Or alternativly SCO are trying to get sued out of existance for copyright
infringement. Since the only thing allowing them to distribute the Linux
kernel is the GPL.

> Since they haven't attempted to mitigate their losses by revealing which
> code is infringing* to the maintainers of the kernel it is almost
> certain they can't act successfully in either the US, Britain or similar
> legal regimes, against infringers (since we have no way to know if we
> are infringing, and since they have failed to reveal they have failed to
> demonstrate a desire to stop infringements).

It's also going to be kind of hard for SCO to get anywhere, in any court,
whilst they are unprepared to state what their actual case is.

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