[linux-elitists] Reading about the SCO stupidity on Slashdot..

Karsten M. Self kmself@ix.netcom.com
Thu Mar 6 23:59:20 PST 2003


on Thu, Mar 06, 2003 at 10:38:21PM -0800, Larry M. Augustin (lma@lmaugustin.com) wrote:
> 
> From Don Marti on Thursday, March 06, 2003 1:17 PM
> > ...
> > Short answer: SCO has no patents.
> >...
> 
> They may not be suing for patent violations, but for violation of trade
> secrets, confidentiality agreements, and licensing terms.  Consider:
> 
>         SCO Group filed suit today against IBM for "no less than $1
>         billion," charging that Big Blue stole trade secrets from SCO to
>         build its presence in the Linux computing business.
> 
> No mention of patent or IP violations, but rather stealing of trade
> secrets.
> 
>         The SCO filing, which eWeek predicted in an exclusive report
>         last week, said that IBM originally entered into its Unix
>         license agreement with AT&T in February 1985 in order to produce
>         the AIX operating system. These agreements require that the Unix
>         software code be held
> 
>         in confidence, and bar its unauthorized distribution or
>         transfer.
> 
> This sounds like a violation of a confidentiality agreement claim.
> 
>         But it appears that more legal action could well be on the cards
>         going forward as McBride told eWeek that the unlicensed use of
>         its Unix shared libraries was just the "tip of the iceberg as
>         there is so much IP we're dealing with here, ranging from
>         copyright, trade secrets, patents, source code and licensing
>         issues. "
> 
> Patents are only one element.
> 
>         McBride said the bottom line was that SCO owned the source code
>         to Unix and the right to that operating system. IBM had taken
>         AIX and made it available to the Linux community in an unlawful
>         way.
> 
> Again, not a patent claim, but a claim that SCO's source code was
> released violating the license agreement for that code.

Need not be source, just confidential information.

While the close reading is appreciated, this still doesn't address the
suicidal aspects of SCO's actions.  They're dead, Jim.  If they want to
flop around and draw blood, well, there's not much *I* can do to stop
them.  But they're still dead.

Peace.

-- 
Karsten M. Self <kmself@ix.netcom.com>        http://kmself.home.netcom.com/
 What Part of "Gestalt" don't you understand?
   Hollings:  bought, paid for, but couldn't deliver the CBDTPA:
     http://www.politechbot.com/docs/cbdtpa/hollings.s2048.032102.html



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