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

[Tom McDonald]

On Thu, 29 May 2003 07:53:49 -0500
David <david at hayes-family.org> wrote:

> On Wed, May 28, 2003 at 09:36:15AM -0500, terry wrote:
> > 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?
< snip >
> This is a civil case, so the standard is proof by preponderance of
> the evidence.  "Beyond reaonsable doubt" is the standard for criminal
> actions.  The law never uses "beyond the shadow of a doubt."
> 
> In a copyright action, copying is shown by the combination of access
> to the copyrighted original, and similarity of the alleged infringing
> work.  SCO would need to show that IBM's programmers had access to
> SCO's proprietary code, and also show particular Linux code with a
> high degree of similarity.  SCO will also have to show that they do in
> fact own what they allege to be their code, which makes the Novell
> press release a very interesting twist.
> 
> IBM could negate the SCO argument by showing that their Linux
> developers had no access to the SCO code.  This is one of the reasons
> manufacturers sometimes employ "clean-room" tactics for development
> teams.
> 
> IBM could also defeat SCO by showing that the Linux code derived from
> some other source than the SCO proprietary code.  Independent
> development is permitted under copyright law, though not under patent
> law.
> 
> I am not your lawyer, and this has not been legal advice.  If you have
> a specific legal question, you should consult an attorney.
> 
> -- 
> David Hayes
> david at hayes-family.org
> 
> _______________________________________________
> https://ntlug.org/mailman/listinfo/discuss


An important point is being missed, SCO isn't suing for copyright infringement, they are suing for breach of contract by IBM for revealing trade secrets and proprietory information covered by NDA's.  (specifically from the Monterey project)  All the talk about Unix source code being found in Linux is just talk, at least until they bring an action like they've implied they would.

The management at SCO have had a long and friendly relationship with MS and the whole debate just sheds uncertainty and doubt about Linux being a viable system to replace Windows/NT in the workplace.  
At the end of the day assuming IBM prevails about the trade secrets etc. SCO will bow out with an apology for all the confusion saying that they just made a mistake about their source code being in Linux, and that their experts had mistaken some BSD code for original Unix code or something similar.

In the meantime 3 or 4 years of speculation and debate will maybe slow Linux growth enough for MS to make a ton of money, and develop a better strategy to fight Linux, It may also generate enough confusion that some corporation will buy SCO thinking they getting a gold mine.

Show me the money!!!!


----

Tom McDonald <mickeyd at compuclaim.com>
Compuclaim Inc.