Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S266538AbUJWFXj (ORCPT ); Sat, 23 Oct 2004 01:23:39 -0400 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S266250AbUJWFVb (ORCPT ); Sat, 23 Oct 2004 01:21:31 -0400 Received: from c7ns3.center7.com ([216.250.142.14]:21445 "EHLO smtp.slc03.viawest.net") by vger.kernel.org with ESMTP id S267700AbUJWFT7 (ORCPT ); Sat, 23 Oct 2004 01:19:59 -0400 Message-ID: <4179E136.1090201@drdos.com> Date: Fri, 22 Oct 2004 22:42:30 -0600 From: "Jeff V. Merkey" User-Agent: Mozilla/5.0 (X11; U; Linux i686; en-US; rv:1.6) Gecko/20040510 X-Accept-Language: en-us, en MIME-Version: 1.0 To: jonathan@jonmasters.org Cc: Linus Torvalds , Kernel Mailing List , bstowell@sco.com, jcn@jonmasters.org Subject: Re: Linux v2.6.9 and GPL Buyout References: <417550FB.8020404@drdos.com> <35fb2e590410221714205fe526@mail.gmail.com> <41799BEE.1030104@drdos.com> <35fb2e59041022175758ece5f9@mail.gmail.com> In-Reply-To: <35fb2e59041022175758ece5f9@mail.gmail.com> Content-Type: text/plain; charset=US-ASCII; format=flowed Content-Transfer-Encoding: 7bit Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 3729 Lines: 107 >I need you to commit to this in writing, signed and sealed though. Any >chance of doing this as per previous allusion? > > > >Jon. > > I forward this email to Jon Masters digital signature, secret spy, magic, digital signing email address: The following offer was formerly made to Jeff V. Merkey and the entire Linux Community by Darl McBride of the SCO Group On October 22, 2004, at around 14:00 p.m. MST. I was in a room with Blake Stowell, Director of Public Relations, and Darl McBride, CEO of the SCO Group, and Mr. McBride stated the following offer. Prior to the offer I reviewed the Evidence SCO had in their possession to present regarding their claims that IBM Corporation took their intellectual property and in violation of contracts used it for linux development. Their agreements and source code appear to chart and track a detailed evolution of Unix technologies into Linux. Their presentation is extremely thorough, valid, and credible from a technical viewpoint. I make formal affidavit under penalty of perjury as to the statements made. Darl McBride said: " .... The SCO has identified Intellectual Property in the Linux Kernel that we believe infringes on our intellectual property rights. We believe the Linux code which comprises source files of the following subsystems listed in the foregoing document (which I, Jeff V. Merkey have posted at ftp://ftp.kernel.org/pub/linux/kernel/people/sco_stuff, and which document was taped to Blake Stowell's wall directly above his telephone -- I will put the document up when I can get to a scanner this weekend -- try Saturday afternoon). We have a detailed listing of the files in Linux and the specific line numbers in these files which comprise source code and intellectual property that infringes our intellectual property rights based on contracts we hold with IBM and others. We can provide this listing to any interested parties who wish for us to identify the infringing code so that they may remove this code from Linux for commerical use. We are not trying to stop people from using Linux, however, we would request that our intellectual property be removed from the Linux kernel and we will offer certification to any Linux user, developer, maintainer, contributor, that their code and the Linux code is free from claim from SCO. Any Linux kernel which does not use the attached subsystems or distribute the code is considered non-infringing. Any code written by any IBM employee may potentially contain SCO's intellectual property and should be removed, including device drivers. SCO will certify the use of and hosting of any Linux system or source code and release all claims if the following subsystems are removed from the distribution: RCU 46 files 109,688 lines NUMA 101 files 56,587 lines JFS 44 files 32,224 XFS 173 files 119,130 lines SMP 1,185 files 829,393 lines Total 1,549 files 1,147,022 lines Darl McBride then instructed Mr. Blake Stowell, Director of public relation to give me his personal card and further stated that this offer was made to Jeff V. Merkey, the Linux Community, and any companies I was affiliated with if the terms of this offer were complied with. Blake Stowell's contact information: bstowell@sco.com 355 South 520 West Suite 100 Lindon, Utah 84042 801-932-5703 phone 801-852-9088 fax 801-369-5595 cell Sworn before The Linux Commnity as the Truth under penalty of perjuy October 22, 2004 10:41 p.m. MST Jeffrey Vernon Merkey - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@vger.kernel.org More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/