[linux-elitists] Does SCO have a duty to mitigate damages?

Justin F. Knotzke jknotzke@shampoo.ca
Sun Aug 17 13:24:56 PDT 2003


   http://techupdate.zdnet.com/techupdate/stories/main/0,14179,2914464,00.html


   "2. SCO has a duty to mitigate damages. Any plaintiff complaining
that it is being injured by wrongful conduct has a duty to mitigate its
damages. In order for SCO to assert claims against Linux users, it has
to take reasonable steps to lessen the harm that it is suffering. This
means giving Linux users the opportunity to remove the infringing code
from Linux. SCO's refusal to identify the Linux code in question is hard
to defend. SCO says that it can't do so, because it would be akin to
showing a thief his fingerprints so that he can clean them off. But that
makes no sense. The "fingerprints" are available in many forms, and can
be traced electronically. Keeping the Linux community guessing about the
code seems more tailored to running up the damages than preserving
evidence. "


   If this assertion is correct, and please excuse my incredible
ignorance on American Law (being a Canuck and all), wouldn't this
essentially put an end to this case really quickly? ie: Show us the
code and let us rewrite it?

   J.

-- 
Justin F. Knotzke
jknotzke@shampoo.ca
http://www.shampoo.ca



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