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Re: SCO laying an ambush for the GPL?


From: John Hasler
Subject: Re: SCO laying an ambush for the GPL?
Date: Tue, 20 Jul 2004 09:31:44 -0500
User-agent: Gnus/5.1002 (Gnus v5.10.2) Emacs/21.2 (gnu/linux)

Nick Kew writes:
> Only in public - not in the IBM court case.

Despite their loud public assertions (which have thoroughly buffaloed the
trade press), they have not asserted that their code is in any Open Source
product in any court case.

> The difference there is that they're now emphasising a Derived Work line
> on why IBM weren't allowed to contribute their own code that had
> previously been in AIX or Dynix.

But they are not asserting copyright in the IBM-contributed code.  They are
just asserting that IBM breached their contract by contributing it.  This
claim has no effect on anyone not party to the contract.

> Because the GPL concerns derived works, this could set a precedent for
> cases about software alleged to be a derived work of something-GPL.

The "derived works" theory they are presently pursuing in the IBM case is
based on their interpretation of the contract and has no bearing on
copyright.
-- 
John Hasler 
address@hidden
Dancing Horse Hill
Elmwood, Wisconsin


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