SCO suit

Paul Richards paul at
Tue Jun 24 12:37:45 BST 2003

On Tue, Jun 24, 2003 at 10:53:26AM +0100, Paul Robinson wrote:
> On Tue, Jun 24, 2003 at 10:21:49AM +0100, Paul Richards wrote:
> > Today's news is that SCO is not going to sue any of *its* Linux
> > customers, since they're already paying for the use of any SCO IP that
> > may exist in Linux.
> No, they're paying for SCO's products, not Linux, so SCO are shooting
> themselves in the foot here if they want the IP claims to hold up in court.  
> It's like me stealing a Jaguar and the manufacturers, Ford, saying that's OK
> because I own a Focus.*

Not exactly.

If they're paying SCO then SCO can claim that the payment covers
the license fee of using their IP.

The tricky bit they have to get around is whether they were knowingly
distributing their IP in Linux before they started this case. Their
defence, from reading what I've found, is going to be that it wasn't
them that put the code in Linux and so they were unknowingly
distributing it. That's a reasonable defence to try, but it will
come down to the interpretation of events in the courts at the end
of the day.


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