Mailinglist Archive: opensuse (4219 mails)

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Re: [opensuse] SCO is toast... Novell go get em
  • From: jfweber@xxxxxxxxxxxx
  • Date: Thu, 30 Nov 2006 14:04:37 -0500
  • Message-id: <200611301404.37509.jfweber@xxxxxxxxxxxx>
On November Thursday 30 2006 1:48 pm, M Harris wrote:
> http://www.groklaw.net/article.php?story=20061129165103775
>
> Well, it looks like SCO isn't going to get to use their *evidence* because
> de judge has slapped them hard with a devastating ruling... basically
> upholding the lower court's ruling that a sanction is warranted because SCO
> willfully violated discovery rules. ooops, SCO is toast, and Groklaw is
> vindicated.
>
> Go get em Novell... I'm rooting for you ! (trial coming up)
>
> ... and the good news is, you're going to have some new bucks to pursue
> the case--- from the M$ deal. cool~ huh?
>
> Ok Suse fans I have a very serious question for yous guys (and please
> don't tell me its off topic, cause it aint, so stay in your chair) .... I
> want to know who puts code into the kernel... please don't laugh... I'm
> serious. In other words, how in the world can SCO (or anybody else) accuse
> IBM (as a sole entity) of placing anything willfully into the kernel, when
> the kernel is not controlled by IBM, and when the kernel is contributed to
> from kernel developers world-wide...??? How much of the kernel comes from
> Novell? How much from Shuttleworths folks..??? how much from
> Redhat...oooops, I mean IBM?? yeah, right....
>
> Look, either the kernel has System V code in it (copyright protected, or
> patented, or both) or it doesn't. This shouldn't be about discovery rules
> in a court of law for crying out loud. Either copyrighted code is in the
> kernel or not, and if so why can't SCO prevail??? (they shouldn't and I
> don't want them to, just a hypothetical question--)
>
> But that is not my real question... my real question is this: How hard
> would it be to pull M$ hooks out of the kernel (once they're in there) if
> and when they get discovered a year from now... ? ha-uummm??? Would it
> take a court order? ---years of litigation? you know... discovery,
> summary judgment petitions, rules and thousands of pages of B$ .... and
> all the time M$ has hooks into the kernel...
>
<Snip>

As I understand it, the kernel code is still under the control of Linus and
his group. Nothing goes in til they agree. I can't see why he would let MS or
anyone else put things into the kernel that he wouldn't allow now. And there
are lots of , erm, heated discussions on the kernel list .. which is not part
of any distro BTW .. No one who does distribute Liux code is going to do
anything dumb, like fork to their own kernel version . And then BTW lost out
on all that free labour.

I could be wrong here, but I believe Red Hat and Suse et al, have people who
also work on kernel stuff.. it's part of their contribution to the community,
however , no one is going to get anything into the kernel that would render
it inoperable by all of the rest of the community.

Linus has worked for company in the past and didn't lean the kernel towards
that product ( hardware ) I see no reason why he would do so now... but if
you are so certain of your facts, perhaps you should take it up w/ the kernel
list, and get your answers from the people who really do know.

--
j
If a hurricane doesn't leave you dead It will make you strong. Don't try
to explain, just nod your head . Breathe in breathe out , move on.
--
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