[linux-elitists] Silly SCO Scenarios

Phil Gengler phil@codeallday.com
Sun Aug 10 11:34:50 PDT 2003

On Fri, 2003-08-08 at 17:01, Jonathan Corbet wrote:

>  - Get a court to agree that SCO owns parts - large parts - of Linux.
>    Establish that only SCO has the right to distribute this code.

I see this possibility discussed a lot, and the one thing that comes to
my mind it, how can SCO claim that since some of the code is theirs,
they should have exclusive rights to distribute it?  What about all the
code from everyone else who's contributed?  Even though the code is
under the GPL, the original author still has the copyright to it, and
since SCO doesn't want to play by the rules of the GPL, then if they
claim they should own the whole kernel because a small part of the code
is theirs, shouldn't every other developer be able to claim the whole
kernel (including the GPL-released and -distributed SCO code) as theirs,
because some of the code is theirs?

It just doesn't make any sense for any judge to find that SCO should
have exclusive distribution rights to the kernel because some of their
copyrighted code is in there, when the vast majority of the Linux kernel
code was written by (and copyrighted to) other developers.  To allow SCO
exclusive distribution is to give SCO effective ownership of the code
written by every other kernel developer.

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