[linux-elitists] Info on SCO Lawsuit

Don Marti dmarti@zgp.org
Wed May 28 09:23:54 PDT 2003


begin Jonathan Corbet quotation of Wed, May 28, 2003 at 08:57:36AM -0600:

> I'm still trying to figure out what to make of today's developments.  SCO
> now says that the suit isn't about patents or copyrights, it's a simple
> breach of contract action.  How that fits in with the 1500 FUD letters is
> not all that clear to me.

Our Bible verse for today is Proverbs 28:4.

Today's SCO statement seems to directly contradict Sontag's earlier
allegations of "significant copyrighted and trade secret code
within Linux"

http://www.linuxjournal.com/article.php?sid=6877

Why?  I asked attorney Dan Ravicher about this, and the magic words
where the FUD letters are concerned seem to be "declaratory judgment"
and "reasonable apprenhension of suit".

If the McBride FUD letters give a third party a reason to believe
that SCO will sue that third party, then the third party can bring
its own suit against SCO in US federal court.  (This is what Felten
et al. v. RIAA et al. was about.)

I have no idea about the German law.
http://www.forbes.com/markets/newswire/2003/05/28/rtr983753.html

But the difference between me and Chris Sontag is that people
will tell me about the German law for free or for a relatively
small author payment, while Sontag's education in the subject
will be billed at hundreds of dollars per hour times however many
Deutschophone lawyers are in David Boies' Rolodex.

Meanwhile, SCO is continuing to offer Linux source
under GPL through an APT-based software update service:
http://linuxjournal.com/article.php?sid=6899

-- 
Don Marti
http://zgp.org/~dmarti
dmarti@zgp.org
KG6INA



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