On Tuesday 27 May 2003 11:15 am, Jason Lotito wrote:
On Tue, 2003-05-27 at 11:01, Fergus Wilde wrote:
On Tuesday 27 May 2003 15:21, David Herman wrote:
-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1
On Tuesday 27 May 2003 12:55 am, John wrote:
On Monday 26 May 2003 18:35, Fred A. Miller wrote:
LinuxTag to SCO: desist from unfair competitive practices
I just went to LinuxTag's website
I also applaud their effort, but just because someone sells a linux distribution, it does not nescessarily mean that all of the software/code on the disc is gpl...
Very true, and I'm sure they'll argue just that. I was on making just that point about SuSE's disk set the other day. But you can take all the non-gpl stuff out of SuSE and be left with perfectly workable distro - given that SCO=Caldera=United Linux partner, it is hard to see how they can have been putting out a Linux distro without infringing their own intellectual property, or issuing it under the gpl ... unless they want to admit that their IP is only some fringe trivia ...
The idea here isn't that they are releasing a distro with non-gpl code. That isn't the issue at all. They are contending that the Linux kernel is itself violating their IP. LinuxTag is saying that by releasing their own distro which uses the Linux kernel, which they released under the GPL, they have released their IP into the world under the GPL, if indeed their IP is in the kernel.
The problem isn't the software that comes with the Linux distro's, it's the kernel itself SCO has a problem with. So, by releasing the Linux kernel under the GPL themselves, they have released their own source out. That's what LinuxTag is contending.
Once again I would disagree with most of the above. If I am Caldera/SCO and I enter into an agreement with IBM to provide them the Unix IP, and IBM puts some of that code into the kernel (or allows it to happen), am I expected to know that immediately? Do I have to go through the kernel line for line in every release to check for IP code of mine? I don't think so. Once I *discover* that the code is in there, if I continue to blissfully release my own distro with that code, then I have let the horse out of the barn. But if I take steps to correct the issue and protect my IP, then I don't think I would have weakened my case. Not saying any of this has happened, but it could have and if it did, I can see where SCO would not be at fault. Just my $.02.
-- Jason Lotito www.ezPayNet.com VP of Development jlotito@ezpaynet.com 514.287.0009 ext.21 tel. The Prepaid WebCard Solution 877.397.2999 514.287.9596 fax
-- +----------------------------------------------------------------------------+ + Bruce S. Marshall bmarsh@bmarsh.com Bellaire, MI 05/27/03 12:17 + +----------------------------------------------------------------------------+ "Do unto others before they undo you."