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Subject: Re: SCO plans to license LINUX for more $ than MS Windows

Author: Ricardo Gibert

Date: 19:04:34 08/19/03

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On August 19, 2003 at 21:39:40, Ricardo Gibert wrote:

>On August 19, 2003 at 20:42:12, margolies,marc wrote:
>
>>http://news.com.com/2100-1016_3-5065422.html
>>
>>just in case you all thought the issue died and chess computing remains
>>unscathed.
>
>I don't know what the particulars of SCO's claims are. I guess I would have to
>sign an NDA agreement to know that, but there are a number of possibly
>non-trivial issues I think SCO may have to contend with.
>(1) Did Linux copy from SCO or did SCO copy from Linux? It's not enough to show
>that they have code in common. They must also show they are the originators of
>the code too.
>(2) If it was copied, who did did the copying? An SCO employee? Even if they can
>show that the Linux code in question was copied from SCO, they have to find who
>it was did the copying. If it was SCO itself, how can their claim stand?
>(3)

Oops. I hit submit prematurely.

(3) Then there is the issue of the GPL license and whether and how it is
applicable to the code that seems to be held in common.

All in all, I would think they would have have a tough time making their
allegations stick. Especially when you consider they are taking on IBM no less.



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