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www/philosophy/sco questioning-sco.html


From: Joakim Olsson
Subject: www/philosophy/sco questioning-sco.html
Date: Tue, 08 Jul 2008 15:42:15 +0000

CVSROOT:        /web/www
Module name:    www
Changes by:     Joakim Olsson <jocke>   08/07/08 15:42:15

Modified files:
        philosophy/sco : questioning-sco.html 

Log message:
        Converted HTML to well formed XHTML.

CVSWeb URLs:
http://web.cvs.savannah.gnu.org/viewcvs/www/philosophy/sco/questioning-sco.html?cvsroot=www&r1=1.3&r2=1.4

Patches:
Index: questioning-sco.html
===================================================================
RCS file: /web/www/www/philosophy/sco/questioning-sco.html,v
retrieving revision 1.3
retrieving revision 1.4
diff -u -b -r1.3 -r1.4
--- questioning-sco.html        19 Aug 2003 14:59:20 -0000      1.3
+++ questioning-sco.html        8 Jul 2008 15:41:54 -0000       1.4
@@ -1,300 +1,281 @@
-<!DOCTYPE HTML PUBLIC "-//IETF//DTD HTML 2.0//EN">
+<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN"
+    "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd";>
+
+<html xmlns="http://www.w3.org/1999/xhtml";>
+<head>
+
+  <title>FSF: Questioning SCO: A Hard Look at Nebulous
+  Claims</title>
+  <meta name="description" content=
+  "Questioning SCO: A Hard Look at Nebulous Claims" />
+  <meta name="keywords" content=
+  "SCO, GNU, Linux, free, software, foundation, freedom, legal, gpl, gnu, 
general, public, license, licensing, IBM, attacks, sue" />
+  <meta name="resource-type" content="document" />
+  <meta name="distribution" content="global" />
+</head>
+
+<body>
+  <h1>Questioning SCO: A Hard Look at Nebulous
+  Claims</h1>
+
+  <h2>Eben Moglen</h2>
+
+  <p>
+    Friday 1 August 2003
+  </p>
+
+  <p><a href="#SECTION00010000000000000000">Where's the
+  Beef?</a><br />
+  <a href="#SECTION00020000000000000000">Why Do Users Need
+  Licenses?</a><br />
+  <a href="#SECTION00030000000000000000">Do Users Already Have a
+  License?</a><br />
+  <a href="#SECTION00040000000000000000">Conclusion</a><br /></p>
+  <hr />
+
+  <p>Users of free software around the world are being pressured to
+  pay The SCO Group, formerly Caldera, on the basis that SCO has
+  "intellectual property" claims against the Linux operating system
+  kernel or other free software that require users to buy a
+  "license" from SCO. Allegations apparently serious have been made
+  in an essentially unserious way: by press release, unaccompanied
+  by evidence that would permit serious judgment of the factual
+  basis for the claims. Firms that make significant use of free
+  software are trying to evaluate the factual and legal basis for
+  the demand. Failure to come forward with evidence of any
+  infringement of SCO's legal rights is suspicious in itself; SCO's
+  public announcement of a decision to pursue users, rather than
+  the authors or distributors of allegedly-infringing free software
+  only increases doubts.</p>
+
+  <p>It is impossible to assess the weight of undisclosed evidence.
+  Based on the facts currently known, which are the facts SCO
+  itself has chosen to disclose, a number of very severe questions
+  arise concerning SCO's legal claims. As a lawyer with reasonably
+  extensive experience in free software licensing, I see
+  substantial reason to reject SCO's assertions. What follows isn't
+  legal advice: firms must make their own decisions based upon an
+  assessment of their particular situations through consultation
+  with their own counsel. But I would like to suggest some of the
+  questions that clients and lawyers may want to ask themselves in
+  determining their response to SCO's licensing demands.</p>
+
+  <h1><a name="SECTION00010000000000000000" id=
+  "SECTION00010000000000000000">Where's the Beef?</a></h1>
+
+  <p>What does SCO actually claim belongs to it that someone else
+  has taken or is misusing? Though SCO talks about "intellectual
+  property," this is a general term that needs specification. SCO
+  has not alleged in any lawsuit or public statement that it holds
+  patents that are being infringed. No trademark claims have been
+  asserted. In its currently-pending lawsuit against IBM, SCO makes
+  allegations of trade secret misappropriation, but it has not
+  threatened to bring such claims against users of the Linux OS
+  kernel, nor can it. It is undisputed that SCO has long
+  distributed the Linux OS kernel itself, under the Free Software
+  Foundation's GNU General Public License (GPL).<a name="tex2html2"
+  href="#foot16" id="tex2html2"><strong>[1]</strong>&nbsp;</a> To
+  claim that one has a trade secret in any material which one is
+  oneself fully publishing under a license that permits unlimited
+  copying and redistribution fails two basic requirements of any
+  trade secret claim: (1) that there is a secret; and (2) that the
+  plaintiff has taken reasonable measures to maintain secrecy.</p>
+
+  <p>So SCO's claims against users of the Linux kernel cannot rest
+  on patent, trademark, or trade secret. They can only be copyright
+  claims. Indeed, SCO has recently asserted, in its first specific
+  public statement, that certain versions of the Linux OS kernel,
+  the 2.4 "stable" and 2.5 "development" branches, have since 2001
+  contained code copied from SCO's Sys V Unix in violation of
+  copyright.<a name="tex2html3" href="#foot26" id=
+  "tex2html3"><strong>[2]</strong>&nbsp;</a></p>
+
+  <p>The usual course in copyright infringement disputes is to show
+  the distributor or distributors of the supposedly-infringing work
+  the copyrighted work upon which it infringes. SCO has not done
+  so. It has offered to show third parties, who have no interest in
+  Linux kernel copyrights, certain material under non-disclosure
+  agreements. SCO's press release of July 21 asserts that the code
+  in recent versions of the Linux kernel for symmetric
+  multi-processing violates their copyrights. Contributions of code
+  to the Linux kernel are matters of public record: SMP support in
+  the kernel is predominantly the work of frequent contributors to
+  the kernel employed by Red Hat, Inc. and Intel Corp. Yet SCO has
+  not shown any of its code said to have been copied by those
+  programmers, nor has it brought claims of infringement against
+  their employers. Instead, SCO has demanded that users take
+  licenses. Which lead to the next question.</p>
+
+  <h1><a name="SECTION00020000000000000000" id=
+  "SECTION00020000000000000000">Why Do Users Need
+  Licenses?</a></h1>
+
+  <p>In general, users of copyrighted works do not need licenses.
+  The Copyright Act conveys to copyright holders certain exclusive
+  rights in their works. So far as software is concerned, the
+  rights exclusively granted to the holder are to copy, to modify
+  or make derivative works, and to distribute. Parties who wish to
+  do any of the things that copyright holders are exclusively
+  entitled to do need permission; if they don't have permission,
+  they're infringing. But the Copyright Act doesn't grant the
+  copyright holder the exclusive right to <i>use</i> the work; that
+  would vitiate the basic idea of copyright. One doesn't need a
+  copyright license to read the newspaper, or to listen to recorded
+  music; therefore you can read the newspaper over someone's
+  shoulder or listen to music wafting on the summer breeze even
+  though you haven't paid the copyright holder. Software users are
+  sometimes confused by the prevailing tendency to present software
+  products with contracts under shrinkwrap; in order to use the
+  software one has to accept a contract from the manufacturer. But
+  that's not because copyright law requires such a license.</p>
+
+  <p>This is why lawsuits of the form that SCO appears to be
+  threatening--against users of copyrighted works for infringement
+  damages--do not actually happen. Imagine the literary equivalent
+  of SCO's current bluster: Publishing house A alleges that the
+  bestselling novel by Author X topping the charts from Publisher B
+  plagiarizes its own more obscure novel by Author Y. "But," the
+  chairman of Publisher A announces at a news conference, "we're
+  not suing Author X or Publisher B; we're only suing all the
+  people who bought X's book. They have to pay us for a license to
+  read the book immediately, or we'll come after them." That
+  doesn't happen, because that's not the law.</p>
+
+  <p>But don't users of free software make copies, and need a
+  license for that activity? The Copyright Act contains a special
+  limitation on the exclusive right to copy with respect to
+  software. It does not infringe the copyright holder's exclusive
+  right to copy software for the purpose of executing that software
+  on one machine, or for purposes of maintenance or archiving. Such
+  copying also requires no license. But what if a firm has gotten a
+  single copy of the Linux kernel from some source, and has made
+  many hundreds or thousands of copies for installation on multiple
+  machines? Would it need a license for that purpose? Yes, and it
+  already has one.</p>
+
+  <h1><a name="SECTION00030000000000000000" id=
+  "SECTION00030000000000000000">Do Users Already Have a
+  License?</a></h1>
+
+  <p>The Linux kernel is a computer program that combines
+  copyrighted contributions from tens of thousands of individual
+  programmers and firms. It is published and distributed under the
+  GPL, which gives everyone everywhere permission to copy, modify
+  and distribute the code, so long as all distribution of modified
+  and unmodified copies occurs under the GPL and only the GPL. The
+  GPL requires that everyone receiving executable binaries of GPL'd
+  programs must get the full source code, or an offer for the full
+  source code, and a copy of the license. The GPL specifies that
+  everyone receiving a copy of a GPL'd program receives a license,
+  on GPL terms, from every copyright holder whose work is included
+  in any combined or derived work released under the license.</p>
+
+  <p>SCO, it bears repeating, has long distributed the Linux kernel
+  under GPL, and continues to do so as of this writing. It has
+  directly given users copies of the work and copies of the
+  license. SCO cannot argue that people who received a copyrighted
+  work from SCO, with a license allowing them to copy, modify and
+  redistribute, are not permitted to copy, modify and distribute.
+  Those who have received the work under one license from SCO are
+  not required, under any theory, to take another license simply
+  because SCO wishes the license it has already been using had
+  different terms.</p>
+
+  <p>In response to this simple fact, some SCO officials have
+  recently argued that there is somehow a difference between their
+  "distribution" of the Linux kernel and "contribution" of their
+  copyrighted code to the kernel, if there is any such code in the
+  work. For this purpose they have quoted section 0 of the GPL,
+  which provides that "This License applies to any program or other
+  work which contains a notice placed by the copyright holder
+  saying it may be distributed under the terms of this General
+  Public License." The Linux kernel contains such notices in each
+  and every appropriate place in the code; no one has ever denied
+  that the combined work is released under GPL. SCO, as Caldera,
+  has indeed contributed to the Linux kernel, and its contributions
+  are included in modules containing GPL notices. Section 0 of the
+  GPL does not provide SCO some exception to the general rule of
+  the license; it has distributed the Linux kernel under GPL, and
+  it has granted to all the right to copy, modify and distribute
+  the copyrighted material the kernel contains, to the extent that
+  SCO holds such copyrights. SCO cannot argue that its distribution
+  is inadvertent: it has intentionally and commercially distributed
+  Linux for years. It has benefited in its business from the
+  copyrighted originality of tens of thousands of other
+  programmers, and it is now choosing to abuse the trust of the
+  community of which it long formed a part by claiming that its own
+  license doesn't mean what it says. When a copyright holder says
+  "You have one license from me, but I deny that license applies;
+  take another license at a higher price and I'll leave you alone,"
+  what reason is there to expect any better faith in the observance
+  of the second license than there was as to the first?</p>
+
+  <h1><a name="SECTION00040000000000000000" id=
+  "SECTION00040000000000000000">Conclusion</a></h1>
+
+  <p>Users asked to take a license from SCO on the basis of alleged
+  copyright infringement by the distributors of the Linux kernel
+  have a right to ask some tough questions. First, what's the
+  evidence of infringement? What has been copied from SCO
+  copyrighted work? Second, why do I need a copyright license to
+  use the work, regardless of who holds copyright to each part of
+  it? Third, didn't you distribute this work yourself, under a
+  license that allows everyone, including me, to copy, modify and
+  distribute freely? When I downloaded a copy of the work from your
+  FTP site, and you gave me the source code and a copy of the GPL,
+  do you mean that you weren't licensing me all of that source code
+  under GPL, to the extent that it was yours to license? Asking
+  those questions will help firms decide how to evaluate SCO's
+  demands. I hope we shall soon hear some answers.</p>
+
+  <p>Copyright © Eben Moglen, 2003. Verbatim copying of this
+  article is permitted in any medium, provided this notice is
+  preserved.</p>
+
+  <p><em>Eben Moglen is professor of law at Columbia University Law
+  School. He serves without fee as General Counsel of the Free
+  Software Foundation.</em><br /></p>
+  <hr />
+
+  <dl>
+    <dd>
+      <p><a name="foot16" href="#tex2html2" id=
+      "foot16"><sup>1</sup>&nbsp;&nbsp;</a>Linux kernel source
+      under GPL was available from SCO's FTP site as of July 21,
+      2003.</p>
+
+      <p><a name="foot26" href="#tex2html3" id=
+      "foot26"><sup>2</sup>&nbsp;&nbsp;</a>See <a href=
+      "http://ir.sco.com/ReleaseDetail.cfm?ReleaseID=114170";>SCO
+      Press Release, July 21, 2003.</a></p>
+
+      <p></p>
+    </dd>
+  </dl>
+  <hr />
+
+  <h4><a href="/philosophy/sco/sco.html">Other Texts to Read
+  related to SCO</a>.</h4>
+
+  <p>Return to <a href="/home.html">GNU's home page</a>.</p>
+
+  <p><a href="http://member.fsf.org";>Support FSF's work by becoming
+  an associate member</a>.</p>
+
+  <p>Please send FSF &amp; GNU inquiries &amp; questions to
+  <a href="mailto:address@hidden";><em>address@hidden</em></a>. There are
+  also <a href="/home.html#ContactInfo">other ways to contact</a>
+  the FSF.</p>
+
+  <p>Please send comments on these web pages to <a href=
+  "mailto:address@hidden";><em>address@hidden</em></a>, send
+  other questions to <a href=
+  "mailto:address@hidden";><em>address@hidden</em></a>.</p>
+
+  <p>Updated: <!-- timestamp start -->
+  $Date: 2008/07/08 15:41:54 $
+  <!-- timestamp end --></p>
+  <hr />
+</body>
+</html>
 
-<HTML>
-<HEAD>
-<TITLE>FSF: Questioning SCO: A Hard Look at Nebulous Claims</TITLE>
-<META NAME="description" CONTENT="Questioning SCO: A Hard Look at Nebulous 
Claims">
-<META NAME="keywords" CONTENT="SCO, GNU, Linux, free, software, foundation, 
freedom, legal, gpl, gnu, general, public, license, licensing, IBM, attacks, 
sue">
-<META NAME="resource-type" CONTENT="document">
-<META NAME="distribution" CONTENT="global">
-
-
-</HEAD>
-
-<BODY BGCOLOR="#FFFFFF" TEXT="#000000" LINK="#1F00FF" ALINK="#FF0000" 
VLINK="#9900DD">
-
-<P>
-
-<P>
-
-<H1 ALIGN=center>Questioning SCO: A Hard Look at Nebulous Claims</H1>
-<H2 ALIGN=center>Eben Moglen</H2>
-<center>Friday 1 August 2003</center>
-<P><A HREF="#SECTION00010000000000000000">Where's the Beef?</A><BR>
-<A HREF="#SECTION00020000000000000000">Why Do Users Need Licenses?</A><BR>
-<A HREF="#SECTION00030000000000000000">Do Users Already Have a License?</A><BR>
-<A HREF="#SECTION00040000000000000000">Conclusion</A><BR>
-</P>
-
-<hr width="80%">
-<P>
-Users of free software around the world are being pressured to
-pay The SCO Group, formerly Caldera, on the basis that SCO has
-"intellectual property" claims against the Linux operating system
-kernel or other free software that require users to buy a "license"
-from SCO.  Allegations apparently serious have been made in an
-essentially unserious way: by press release, unaccompanied by evidence
-that would permit serious judgment of the factual basis for the
-claims.  Firms that make significant use of free software are trying
-to evaluate the factual and legal basis for the demand.  Failure to
-come forward with evidence of any infringement of SCO's legal rights
-is suspicious in itself; SCO's public announcement of a decision to
-pursue users, rather than the authors or distributors of
-allegedly-infringing free software only increases doubts.
-
-<P>
-It is impossible to assess the weight of undisclosed evidence.  Based
-on the facts currently known, which are the facts SCO itself has
-chosen to disclose, a number of very severe questions arise concerning
-SCO's legal claims.  As a lawyer with reasonably extensive experience
-in free software licensing, I see substantial reason to reject SCO's
-assertions.  What follows isn't legal advice: firms must make their
-own decisions based upon an assessment of their particular situations
-through consultation with their own counsel.  But I would like to
-suggest some of the questions that clients and lawyers may want to ask
-themselves in determining their response to SCO's licensing demands.
-
-<P>
-
-<H1><A NAME="SECTION00010000000000000000">
-Where's the Beef?</A>
-</H1>
-
-<P>
-What does SCO actually claim belongs to it that someone else has taken
-or is misusing?  Though SCO talks about "intellectual property,"
-this is a general term that needs specification.  SCO has not alleged
-in any lawsuit or public statement that it holds patents that are
-being infringed.  No trademark claims have been asserted.  In its
-currently-pending lawsuit against IBM, SCO makes allegations of trade
-secret misappropriation, but it has not threatened to bring such
-claims against users of the Linux OS kernel, nor can it.  It is
-undisputed that SCO has long distributed the Linux OS kernel itself,
-under the Free Software Foundation's GNU General Public License
-(GPL).<A NAME="tex2html2"
-  HREF="#foot16"><strong>[1]</strong>&nbsp;</A>  To claim that one has a trade
-secret in any material which one is oneself fully publishing under a
-license that permits unlimited copying and redistribution fails two
-basic requirements of any trade secret claim: (1) that there is a
-secret; and (2) that the plaintiff has taken reasonable measures to
-maintain secrecy.
-
-<P>
-So SCO's claims against users of the Linux kernel cannot rest on
-patent, trademark, or trade secret.  They can only be copyright
-claims.  Indeed, SCO has recently asserted, in its first specific
-public statement, that certain versions of the Linux OS kernel, the
-2.4 "stable" and 2.5 "development" branches, have since
-2001 contained code copied from SCO's Sys V Unix in violation of
-copyright.<A NAME="tex2html3"
-  HREF="#foot26"><strong>[2]</strong>&nbsp;</A>  
-
-<P>
-The usual course in copyright infringement disputes is to show the
-distributor or distributors of the supposedly-infringing work the
-copyrighted work upon which it infringes.  SCO has not done so.  It
-has offered to show third parties, who have no interest in Linux
-kernel copyrights, certain material under non-disclosure agreements.
-SCO's press release of July 21 asserts that the code in recent
-versions of the Linux kernel for symmetric multi-processing violates
-their copyrights.  Contributions of code to the Linux kernel are
-matters of public record: SMP support in the kernel is predominantly
-the work of frequent contributors to the kernel employed by Red Hat,
-Inc. and Intel Corp.  Yet SCO has not shown any of its code said to
-have been copied by those programmers, nor has it brought claims of
-infringement against their employers.  Instead, SCO has demanded that
-users take licenses.  Which lead to the next question.
-
-<P>
-
-<H1><A NAME="SECTION00020000000000000000">
-Why Do Users Need Licenses?</A>
-</H1>
-
-<P>
-In general, users of copyrighted works do not need licenses.  The
-Copyright Act conveys to copyright holders certain exclusive rights in
-their works.  So far as software is concerned, the rights exclusively
-granted to the holder are to copy, to modify or make derivative works,
-and to distribute.  Parties who wish to do any of the things that
-copyright holders are exclusively entitled to do need permission; if
-they don't have permission, they're infringing.  But the Copyright Act
-doesn't grant the copyright holder the exclusive right to <I>use</I>
-the work; that would vitiate the basic idea of copyright.  One doesn't
-need a copyright license to read the newspaper, or to listen to
-recorded music; therefore you can read the newspaper over someone's
-shoulder or listen to music wafting on the summer breeze even though
-you haven't paid the copyright holder.  Software users are sometimes
-confused by the prevailing tendency to present software products with
-contracts under shrinkwrap; in order to use the software one has to
-accept a contract from the manufacturer.  But that's not because
-copyright law requires such a license.
-
-<P>
-This is why lawsuits of the form that SCO appears to be
-threatening--against users of copyrighted works for infringement
-damages--do not actually happen.  Imagine the literary equivalent of
-SCO's current bluster: Publishing house A alleges that the bestselling
-novel by Author X topping the charts from Publisher B plagiarizes its
-own more obscure novel by Author Y.  "But," the chairman of
-Publisher A announces at a news conference, "we're not suing Author X
-or Publisher B; we're only suing all the people who bought X's book.
-They have to pay us for a license to read the book immediately, or
-we'll come after them."  That doesn't happen, because that's not the
-law.
-
-<P>
-But don't users of free software make copies, and need a license for
-that activity?  The Copyright Act contains a special limitation on the
-exclusive right to copy with respect to software.  It does not
-infringe the copyright holder's exclusive right to copy software for
-the purpose of executing that software on one machine, or for purposes
-of maintenance or archiving.  Such copying also requires no license.
-But what if a firm has gotten a single copy of the Linux kernel from
-some source, and has made many hundreds or thousands of copies for
-installation on multiple machines?  Would it need a license for that
-purpose?  Yes, and it already has one.
-
-<P>
-
-<H1><A NAME="SECTION00030000000000000000">
-Do Users Already Have a License?</A>
-</H1>
-
-<P>
-The Linux kernel is a computer program that combines copyrighted
-contributions from tens of thousands of individual programmers and
-firms.  It is published and distributed under the GPL, which gives
-everyone everywhere permission to copy, modify and distribute the
-code, so long as all distribution of modified and unmodified copies
-occurs under the GPL and only the GPL.  The GPL requires that everyone
-receiving executable binaries of GPL'd programs must get the full
-source code, or an offer for the full source code, and a copy of the
-license.  The GPL specifies that everyone receiving a copy of a GPL'd
-program receives a license, on GPL terms, from every copyright holder
-whose work is included in any combined or derived work released under
-the license.
-
-<P>
-SCO, it bears repeating, has long distributed the Linux kernel under
-GPL, and continues to do so as of this writing.  It has directly given
-users copies of the work and copies of the license.  SCO cannot argue
-that people who received a copyrighted work from SCO, with a license
-allowing them to copy, modify and redistribute, are not permitted to
-copy, modify and distribute.  Those who have received the work under
-one license from SCO are not required, under any theory, to take
-another license simply because SCO wishes the license it has already
-been using had different terms.
-
-<P>
-In response to this simple fact, some SCO officials have recently
-argued that there is somehow a difference between their
-"distribution" of the Linux kernel and "contribution" of their
-copyrighted code to the kernel, if there is any such code in the work.
-For this purpose they have quoted section 0 of the GPL, which provides
-that "This License applies to any program or other work which
-contains a notice placed by the copyright holder saying it may be
-distributed under the terms of this General Public License."  The
-Linux kernel contains such notices in each and every appropriate place
-in the code; no one has ever denied that the combined work is released
-under GPL.  SCO, as Caldera, has indeed contributed to the Linux
-kernel, and its contributions are included in modules containing GPL
-notices.  Section 0 of the GPL does not provide SCO some exception to
-the general rule of the license; it has distributed the Linux kernel
-under GPL, and it has granted to all the right to copy, modify and
-distribute the copyrighted material the kernel contains, to the extent
-that SCO holds such copyrights.  SCO cannot argue that its
-distribution is inadvertent: it has intentionally and commercially
-distributed Linux for years.  It has benefited in its business from
-the copyrighted originality of tens of thousands of other programmers,
-and it is now choosing to abuse the trust of the community of which it
-long formed a part by claiming that its own license doesn't mean what
-it says.  When a copyright holder says "You have one license from me,
-but I deny that license applies; take another license at a higher
-price and I'll leave you alone," what reason is there to expect any
-better faith in the observance of the second license than there was as
-to the first?
-
-<P>
-
-<H1><A NAME="SECTION00040000000000000000">
-Conclusion</A>
-</H1>
-
-<P>
-Users asked to take a license from SCO on the basis of alleged
-copyright infringement by the distributors of the Linux kernel have a
-right to ask some tough questions.  First, what's the evidence of
-infringement?  What has been copied from SCO copyrighted work?
-Second, why do I need a copyright license to use the work, regardless
-of who holds copyright to each part of it?  Third, didn't you
-distribute this work yourself, under a license that allows everyone,
-including me, to copy, modify and distribute freely?  When I
-downloaded a copy of the work from your FTP site, and you gave me the
-source code and a copy of the GPL, do you mean that you weren't
-licensing me all of that source code under GPL, to the extent that it
-was yours to license?  Asking those questions will help firms decide
-how to evaluate SCO's demands.  I hope we shall soon hear some
-answers.
-
-<P>
-Copyright &copy; Eben Moglen, 2003.
-Verbatim copying of this article is permitted in any medium, provided
-this notice is preserved.
-
-<P>
-
-<P><em>Eben Moglen is professor of law 
-        at Columbia University Law School.  He serves without fee as
-        General Counsel of the Free Software Foundation.</em>
-
-
-<BR><HR>
-<DL>
-
-<P><A NAME="foot16"
- HREF="#tex2html2"><sup>1</sup>&nbsp;&nbsp;</A>Linux kernel source
-under GPL was available from SCO's FTP site as of July 21, 2003.
-
-<P><A NAME="foot26"
- HREF="#tex2html3"><sup>2</sup>&nbsp;&nbsp;</A>See <A 
HREF="http://ir.sco.com/ReleaseDetail.cfm?ReleaseID=114170";>SCO Press Release, 
July 21, 2003.</A>
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-<P CENTER></P>
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-</DL>
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-
-<H4><A HREF="/philosophy/sco/sco.html">Other Texts to Read related to
-SCO</A>.</H4>
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-Return to <A HREF="/home.html">GNU's home page</A>.
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-<a href="http://member.fsf.org";>Support FSF's work by becoming an
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-Please send FSF &amp; GNU inquiries &amp; questions to 
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-<A HREF="mailto:address@hidden";><EM>address@hidden</EM></A>.
-There are also <A HREF="/home.html#ContactInfo">other ways to
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-Updated:
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-$Date: 2003/08/19 14:59:20 $ $Author: bkuhn $
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