After having an off line review of the SCO claims pertaining to the
identified code with Linus,
It is clear the SCO has been making claims which are untrue and may have
potentially engaged
in slander of title, libel, tortorious interference, inteference with
partner relations, and
intentional inflcition of emotional distress against Linus Torvalds and
Linux. Linus has
peformed adequate due diligence and acted in good faith with regard to
the acceptance of
code from IBM and others based on the physical evidence in his
possession, and I would
testify to this in a court of law if asked as a qualified expert witness
on behalf of Linus and
Linux.
SCO's claims that some code may have been taken by IBM have nothing
whatsoever to do
with Linux until as such time they can produce credible evidence to the
contrary. Despite
numerous requests, visits to their facility, and meetings with them,
their disclosure of only
a handful of slides and contracts does not constitute corroborating
physical evidence
that Linus Torvalds tooks their intellectual property and used it in
Linux. They are simply
unable to produce concrete evidence that identifies the code in question
to a degree that refutes the physical evidence pertaining to Linus' due
diligence. If IBM's
submissions were based in part on intellectual property taken from SCO,
then IBM
incurs this liability. It is clear at this point Linus acted in good
faith in all of
his dealings.
Linus Torvalds (and myself) are entitled to apolgies from GrokLaw, and
SCO regarding
their false and misleading claims Linus missappropriated trade secrets
or infringed their
copyrights and that I was involved in a scheme with SCO to further their
false,
misleading, and libelous allegations. Groklaw has also posted numerous
emails and
comments attributed to me which I did not author which libel Linus and
myself, and
were designed to create and perpetuate animosity in the Linux Community.
I thank Linus Torvalds for being a true friend and working with me to
resolve these
issues, despite all the heat and mud flying around.
Respectfully Submitted,
Jeff V. Merkey