Re: Linux v2.6.9 and GPL Buyout

[Bill Davidsen]

Dax Kelson wrote:
> On Tue, 2004-10-19 at 11:38, Jeff V. Merkey wrote:
>
> > Although we do not work with them and are in fact on the the other side 
> > of Unixware from a
> > competing viewpoint, SCO has contacted us and identifed with precise 
> > detail and factual
> > documentation the code and intellectual property in Linux they claim was 
> > taken from Unix.
> > We have reviewed their claims and they appear to create enough 
> > uncertianty to warrant
> > removal of the infringing portions.
> >
> > We have identified and removed the infringing portions of Linux for our 
> > products that
> > SCO claims was stolen from Unix. They are:
> >
> > JFS, XFS, All SMP support in Linux, and RCU.
>
>
> This isn't SCO code. This goes back to SCO's claims of "control rights"
> over any source code that has been in the same room as UNIX code.
>
> These "control rights" depend on SCOs interpretation of what a 
> derivative work is. This is a contractual dispute, an attempt of SCO to
> reframe what a derivative work is and a big up hill battle for SCO as
> virtually all the parties of original contracts have in their
> declarations not supported SCO claims of "control rights".

This "we gave you the idea" is dangerous ground, Honeywell bought the 
rights to MULTICS, from which UNIX was derivative at the acronym level, 
and LINUX is clearly derived from UNIX since it uses the same symbols, 
upper and lower case alpha, digits, and the smoking gun the underscore.

Maybe Honeywell should sue SCO?

--
bill davidsen <davidsen@xxxxxxx>
  CTO TMR Associates, Inc
  Doing interesting things with small computers since 1979
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