On Friday 30 May 2003 18:40, Curtis Rey wrote:
On Friday 30 May 2003 03:08 am, James Mohr wrote: <my stuff snipped>
If this is indeed the case then there is the question of "diligence". It states that a company must take precautions to make its trade secrets secure and failure to show diligence is cause for forfeiture of IP and patent rights.
So, if SCO fired/laid off a substantial enough of its developer work force and did not take the steps that the courts feel it should have then SCO was negligent in securing access and use of their property. This is a matter of fact and can be reviewed on a number of legel sites... I have already seens the statutes that state this. Likewise a few on the list have stated this as well. Now the issue is proving this and I'm sure that if, as you elude to, this came from some disgruntled former employee then his/her testimony would most likely be a death toll to SCOs claim and case.
Cheers, Curtis.
Which could mean essentially that the patents, copyright, whatever governing the IP was no longer valid when SCO sold it to Caldera. Well, I am not a "disgruntled former employee" because I left several years before the transfer. However, I can tell you that security was lax enough that it would never have passed a security audit. I can remember rummaging through the kernel code, TCP/IP, SMP, and many other places. At least that demonstrates that a would-be corporate spy would have had opportunity to access the trade secrets. Hmmm. Before I spill the beans any more, maybe I just ought to talk with the IBM legal department. Regards, jimmo -- --------------------------------------- "Be more concerned with your character than with your reputation. Your character is what you really are while your reputation is merely what others think you are." -- John Wooden --------------------------------------- Be sure to visit the Linux Tutorial: http://www.linux-tutorial.info --------------------------------------- NOTE: All messages sent to me in response to my posts to newsgroups, mailing lists or forums are subject to reposting.