Message-ID: <417D3B6B.3020004@drdos.com>
Date: Mon, 25 Oct 2004 11:44:11 -0600
From: "Jeff V. Merkey" <jmerkey@drdos.com>
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To: linux-kernel@vger.kernel.org, torvalds@osdl.org
Subject: Results of Offline Review with Linus
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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


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