[NTLUG:Discuss] SCO, IBM, MS, Linux

[terry]

Steve Baker wrote:

> jeremy wrote:
>
>> Another twist is that SCO already released the code under GPL in there
>> own distro...  talk about a bone headed move on their part!
>> I don't see how they can successfully sue anyone for using what they
>> already released as open source!
>
>
> I read someplace that they claim the infringement happened BEFORE
> they shipped copied of Linux under GPL and that they were (at that
> time) unaware that illegal copies of their code were in Linux.  Had
> they known, they would not have GPL'ed it - so (in effect) they were
> tricked into GPL'ing their own code.

Well, that just boils down to:  who did it first?  BUT, does it matter?
Bottom line is, that they did it too, whether they did it purposefully 
or not shouldn't matter.  
It was theirs to give, they gave it, and that's that.  Right?

It's interesting to note that:
For us [the open source community] to use even a tiny piece of someone 
else's copy written code  is totally unacceptable , and against the law.
BUT, anyone can use any of our open source code on any other application 
they want.  Once it's open source, it's free for all, it's public 
domain. Right?   (After it's being used by someone else, only the DATE 
will determine who it belonged to [first] or where it originated from. 
 And is it really possible to accurately date code or 'property' or data?)

If just one or two lines of code shows up somewhere in the thousands of 
lines of code in some open source program or library, who's to say, [or 
how can they prove], that it wasn't produced coincidentally via some 
sort of process other than thievery, i.e. reverse engineering, or..?? , 
well, I dono, cuz I'm not a programmer, but really curious as to how 
something like this can be proven "beyond the shadow of a doubt."

This is the issue of most concern to MS.  
It's obviously MS's position that the open source community should not 
be allowed to exist because it's too easy for proprietary, copy written, 
code and trade secrets to creep into open source applications and become 
public domain, therefore, gradually destroying the software industry. 
 What  used to be a very profitable industry will gradually wither on 
the vine.  Win, loose, or draw, it doesn't matter, this case may be just 
the platform they were looking for to voice this opinion or position, 
and how better to do it, than to let someone else do it for them, (with 
a little help from MS dollars).

>
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