Subject: Re: SCO offers UnixWare licenses for Linux
From: Alan Cox <alan@lxorguk.ukuu.org.uk>
To: Sancar Saran <saran@sim.com.tr>
Cc: Larry McVoy <lm@bitmover.com>,
       Linux Kernel Mailing List <linux-kernel@vger.kernel.org>
In-Reply-To: <200307241849.07827.saran@sim.com.tr>
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On Iau, 2003-07-24 at 16:49, Sancar Saran wrote:
> I wish to know are we have backup plan any backup plan. Most of Linux users 
> are gonna worry. 

Well if IBM did steal stuff my backup plan is to sue IBM, as I suspect
is everyone elses. There are basically three outcomes

#1 The whole thing is without merit (as it seems to be now)
#2 IBM did it and have to buy SCO (because everyone will sue IBM, every
Linux developer, every business, every user)
#3 SCO gets bankrupted by countersuits (popular US approach to law)


At the moment it seems like the games Intel played against AMD in the
486 days against motherboard vendors, except that Intel had a better
case

> Today I get a e mail from our local mailing lists. Says SCO sued Red Hat for 
> this. another one asks Can M$ send BSA to check their systems and request 
> licence money (because of buying SCO Unixware Licences). 

SCO Unixware licenses don't entitle you to copy Linux. In fact if you
sign one of their "settlements" you probably lose your right to
distribute Linux under the GPL license terms and give them the right to
break into your office by signing one. But I'm not a lawyer

You can still today download Linux kernels from sco.com which claim to
be GPL. Given what I know about estoppel and law I suggest everyone may
wish to download a copy and log the date they did so.

These same issues are true of Windows btw. If you are using any of the
following products you might want to worry about the Intertrust patent
suit against Microsoft...

http://www.intertrust.com/main/ip/accused.html
http://secure.zdnet.com.au/newstech/enterprise/story/0,2000048640,20276337,00.htm

and also Timeline - who have made it clear they are considering
targetting Microsoft customers

http://www.theregister.co.uk/content/53/29419.html

	"particularly those Microsoft customers who relied on 	Microsoft's
assurances, failed to investigate them thoroughly, 	and knowingly
continued to provide material steps in an 	Infringing Combination. These
infringers, if any, may face 	treble damages for the entire three and
one-half years the case 	was tied up in the courts. Microsoft is not a
law firm. Relying 	on its advice should not constitute acting in good
faith; which 	is the required defense to treble damages for failure to
	investigate and honor patents once on notice of their 	existence."

Just the press cover that one mysteriously less often.

Final amusement: http://www.talkleft.com/archives/003727.html

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