From: Gene Heskett <gene.heskett@verizon.net>
Reply-To: gene.heskett@verizon.net
Organization: Organization: None, detectable by casual observers
To: linux-kernel@vger.kernel.org
Subject: Re: Linux v2.6.9 and GPL Buyout
Date: Sat, 23 Oct 2004 06:11:10 -0400
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Cc: "Jeff V. Merkey" <jmerkey@drdos.com>, jonathan@jonmasters.org,
       Linus Torvalds <torvalds@osdl.org>, bstowell@sco.com,
       jcn@jonmasters.org
References: <Pine.LNX.4.58.0410181540080.2287@ppc970.osdl.org> <35fb2e59041022175758ece5f9@mail.gmail.com> <4179E136.1090201@drdos.com>
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On Saturday 23 October 2004 00:42, Jeff V. Merkey wrote:
>>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

And its all nothing but an artistic arrangement in the glowng of the 
phosphers of my screen, painted there by the electrons from the 
cathode in MY crt.  I don't see a notary seal, or the handwritten 
signature of all parties including the notary public.  So why waste 
everyones time with this charade?

-- 
Cheers, Gene
"There are four boxes to be used in defense of liberty:
 soap, ballot, jury, and ammo. Please use in that order."
-Ed Howdershelt (Author)
99.28% setiathome rank, not too shabby for a WV hillbilly
Yahoo.com attorneys please note, additions to this message
by Gene Heskett are:
Copyright 2004 by Maurice Eugene Heskett, all rights reserved.
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