[linux-elitists] SCO website http://sco.iwethey.org

Rick Moen rick@linuxmafia.com
Mon Jul 21 15:49:01 PDT 2003

My rough sort-of transcript (subject to correction, soon) is now at:

My comments from top of that file:

Caldera/SCO Press Conference of Monday, 2003-07-21

Major points:

o  Caldera/SCO have just registered SysV copyrights with the Library of 
   Congress Copyright Office, a procedural requirement for pursuing 
   copyright infringement in court that, in itself, conveys no rights.
o  Caldera/SCO point to Linux's lack of warranty protection (as if warranty 
   claims for software were ever feasible); says IBM avoided copyright 
   liability by avoiding direct distribution.  (This impliedly justifies 
   today's legal threat against end-users.)
o  Caldera/SCO offer Linux end-users the alleged carrot of offer to purchase 
   a UnixWare 7.1.3 licence with binary-only Linux support, using the 
   implied stick of copyright-infringement litigation against them, and
   tort claims against other parties including contributory infringement.
o  Actual existing Caldera/SCO v. IBM court case is completely unchanged, 
   and they have filed no new court actions.
o  Caldera/SCO imply that they'll be demanding payments (structured as  
   UnixWare licensing) from Linux end-users, starting with commercial users.
o  Alleged infringement is described as:  directly copied SysV code, 
   directly copied code from SysV-derived OSes, and use of SysV "methods
   and concepts".  Note that SCO claim controlling copyright interest 
   over third-party-originated code written by any licensee -- if you
   become their licensee, they assert that they own what you subsequently 
   create -- as well as over ideas in addition to creative expression 
   (copyrighted code).
o  Caldera/SCO still give no evidence of allegedly similar code originating 
   in SysV as opposed to a common source, but just reiterate without
   evidence their assertion that some code originated in SysV.  
o  Caldera/SCO decline to comment on possible adjustments to their 
   earnings outlook.

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