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Confusing
John, you are not the only confused, trust me on this one. The Open Source community, analyst, legal advisors, etc., as well as myself are just as confused. Unfortunately, in the United States of America, companies "can play the legal system like lottery" and get away with it. Which is what SCO, backed by Microsoft is doing. Money talks, and if you have it, you can sue almost anyone.

What SCO(and Microsoft ?) does not understand is that one thing IBM understands thorougly is IP. They generate a substantial amount of income/revenue from it. So once IBM unleashes its Legal Killing Machine of lawyers upon SCO, then we'll see who'll be singing the blues and gets squashed like a fly.

Fortunately, other governments such as Germany do not take playing their legal system like lottery or making wild claims without proving them and normally say: Put up or shut up! Already this has been seen in Germany and I believe it was Australia(pending).

So in answer to your question, even if they prove ownership that still does not do anything because the kernel has work of other people/companies. The burden is upon SCO to prove, by a proponderence of the evidence, which means more likely than not that IBM intentionally put the source code into the linux kernel.

In some cases, the courts would put other cases on hold until there is a decision rendered by that court. Since this is a high profile case(?), most likely the courts will wait.
Posted by: orlando@...   Posted on: 01/14/04 You are currently: a Guest | Members login | Terms of Use
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Hmmm....  BitTwiddler | 01/14/04
hmm hmm  NemesisNL | 01/14/04
Wow...  Martin Marvinski | 01/14/04
Yeah! whatever....  DarbyOhara | 01/14/04
This will be fun  NemesisNL | 01/14/04
U.S. Courts run Linux  IT_User | 01/14/04
LOL  NemesisNL | 01/14/04
Which court?  Chad_z | 01/14/04
Yea, why dont they.  jpfitz@... | 01/15/04
i thought  ryusen | 01/14/04
libelous claims on their website  NemesisNL | 01/14/04
my guess is  ryusen | 01/15/04
This could be entertaining  MarcB_z | 01/14/04
Bring it on  Fred Fredrickson | 01/14/04
Agree, let's do it!  dg mh | 01/14/04
If SCO were right...  sinkme | 01/14/04
are you serous?  ryusen | 01/14/04
You have to admit...  No_Ax_to_Grind | 01/14/04
they have large brass ones  mgalle | 01/14/04
Nahhh  NemesisNL | 01/14/04
They are just making money  voska | 01/14/04
Not from licensing, they're not!  dicktaurus@... | 01/14/04
Sure it's From Licensing  voska | 01/14/04
stock manipulation...  ryusen | 01/14/04
They (SCO) tried this in Germany and failed  B.O.F.H. | 01/14/04
SCO are Patsies for Microsoft FUD Scare  MacGeek2121 | 01/19/04
Fighting the good fight  Mike Cox | 01/14/04
You go, Mike!  IT_Firefighter | 01/14/04
I don't think it's satire  James T. Kirk | 01/14/04
It's satire.  Steve Summers | 01/14/04
Sounds like a rock band  Chad_z | 01/14/04
Mike Cox's post is offensive! he is violating my IP by posting it.  critek1@... | 01/14/04
what fud?  ryusen | 01/14/04
Fighting the good fight  speed140 | 01/14/04
LOL, that's a good one haha  ThereThere | 01/15/04
Confusing  John Carroll ZDNet Moderator | 01/14/04
Confusing  orlando@... | 01/14/04
Sorry, you are wrong.  No_Ax_to_Grind | 01/14/04
That is just IBM..  Patrick Jones | 01/14/04
True, but...  No_Ax_to_Grind | 01/14/04
Third Party  Yagotta B. Kidding | 01/14/04
Huh?  No_Ax_to_Grind | 01/14/04
No they do not  NemesisNL | 01/14/04
I've seen no court ruling to support that claim.  No_Ax_to_Grind | 01/14/04
burdon of proof  ryusen | 01/14/04
Burden of proof is half right.  No_Ax_to_Grind | 01/14/04
eh?  ryusen | 01/14/04
It's not that easy John.  No_Ax_to_Grind | 01/14/04
re: It's not that easy John.  Iain_Peters | 01/14/04
Champion stinker  Yagotta B. Kidding | 01/14/04
Now that is funny!  No_Ax_to_Grind | 01/14/04
What SCO and Novell are debating is System 5  B.O.F.H. | 01/14/04
re: Confusing  Iain_Peters | 01/14/04
The might not like our courts  NemesisNL | 01/14/04
Unless SCO is right.  No_Ax_to_Grind | 01/14/04
Maybe  Patrick Jones | 01/14/04
Again, its NOT the code.  No_Ax_to_Grind | 01/14/04
Isn't that what the Linux billing is about?  doctormoriarty | 01/14/04
That's where it gets very murky.  No_Ax_to_Grind | 01/14/04
IBM suit is not about code  sinkme | 01/14/04
You are arguing 2 different things...  Patrick Jones | 01/14/04
Sort of, maybe, and who knows...  No_Ax_to_Grind | 01/14/04
So the users have no concern  Yagotta B. Kidding | 01/14/04
Unless the courts rule...  No_Ax_to_Grind | 01/14/04
What IP?  Yagotta B. Kidding | 01/14/04
But technically it is the code  voska | 01/14/04
"Methods and Concepts"  Yagotta B. Kidding | 01/14/04
NO, the code has little if anything to do with it.  No_Ax_to_Grind | 01/14/04
Yagotta, its called a contract.  No_Ax_to_Grind | 01/14/04
Yes, it's a contract  Yagotta B. Kidding | 01/14/04
Let me clear the IBM thing up  slopoke | 01/14/04
Slowpoke, sorry but you are wrong.  No_Ax_to_Grind | 01/14/04
That's still code  voska | 01/14/04
Voska, no it's not code.  No_Ax_to_Grind | 01/14/04
it is in the code  rgriffith64@... | 01/14/04
Right about what?  Yagotta B. Kidding | 01/14/04
Have you a cite?  No_Ax_to_Grind | 01/14/04
Dec. 5th hearing  dscherf | 01/14/04
Thanks, I'll look it over.  No_Ax_to_Grind | 01/14/04
Possibility? Balderdash.  John Le'Brecage | 01/14/04
Sorry, you are wrong.  No_Ax_to_Grind | 01/14/04
"...always a possibility." ? Yeah, right, between ZERO & NIL.  dicktaurus@... | 01/14/04
Even *IF* SCO is right...  Robert Crocker | 01/14/04
exactly  JWatson77 | 01/15/04
more likely  ryusen | 01/14/04
Possibility  NoB$ | 01/14/04
Forced you into the gutter again I see.  No_Ax_to_Grind | 01/14/04
don't you think...  ryusen | 01/15/04
Unless SCO is right  NemesisNL | 01/14/04
Confusing? Not really.  Eggs Ackley_z | 01/14/04
Confusing, maybe, but a good strategy  JJ_z | 01/14/04
No, JJ  Yagotta B. Kidding | 01/14/04
So I'm a fence  NemesisNL | 01/14/04
Confusing, maybe, but a good strategy  JJ_z | 01/14/04
It's all very clear  Yagotta B. Kidding | 01/14/04
It's so clear it's costing millions.  No_Ax_to_Grind | 01/14/04
Exactly!!!!!  NemesisNL | 01/14/04
Even slam-dunk defenses cost money, Don  Yagotta B. Kidding | 01/14/04
Point being, it's not "clear" or simple.  No_Ax_to_Grind | 01/14/04
Quirk!  Yagotta B. Kidding | 01/14/04
Poor bitty. Does not get it.  NoB$ | 01/14/04
Somebody please  Netizen Kane | 01/14/04
Message has been deleted.  RobertoSalazar | 01/14/04
FUD  Unicornrider | 01/14/04
Yup  Martin Marvinski | 01/14/04
re: FUD  Iain_Peters | 01/14/04
work for IBM  NemesisNL | 01/14/04
Move to Taiwan  doctormoriarty | 01/14/04
Nobody has ever won attacking own base  MartinT_z | 01/14/04
Re: Nobody has ever won attacking own base  jimmied43 | 01/15/04
Going global might put SCO execs in physical danger  jjon2121 | 01/14/04
Stock pump  NT Admin | 01/14/04
That's odd...  fullebr@... | 01/14/04
What IP?  rgriffith64@... | 01/14/04
Clueless bitty, as usual.  NoB$ | 01/14/04
Sorry full of B$  No_Ax_to_Grind | 01/14/04
Bitty's argument shown flawed, takes authoritarian attitude.  NoB$ | 01/14/04
nice words...  ryusen | 01/14/04
2-Bit?! Not trying to convince anyone? But you're a paid Micro$hill!  dicktaurus@... | 01/14/04
SCO CEOs arrested for extortion.  speed140 | 01/14/04
I am tired of - SCO: put up or shut up !  Chris.Papoudaris@... | 01/15/04
OK SCO, come on...  Frodo42 | 01/15/04
Can't deliver  uheg | 01/15/04
KISS  wbs00001 | 01/15/04
sco can't sell a linux license  JWatson77 | 01/15/04
What would be an appropriate reply to SCO's insanity...  Motu | 01/15/04
Cool  cmalpeli | 01/21/04
Hmmm  cmalpeli | 01/21/04

What do you think?

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