SCO adds copyright claim to IBM suit

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Don't think so but would be great.

---If they have the facts, then they are in the right to be compensated for the stolen code.---

I'm surprised chairman billy hasn't sent you a cease and desist letter. The more you shill, the dumber MS looks. Idiocy by association.

I don't think they added a copyright infringement to the case. It would be very nice if they did because, if they did, SCO has to specify every line they claim is infringed. The court clerk where the action is brought has to send a letter to the Registar of Copyrights within 30 days specifying every line SCO claims is infringed. Then the Registar of Copyrights must make the letter a public <ocument. No more secret claims. SCO couldn't have that. It would be too easy to rip their baseless claims to shreds.

What this all means is SCO has to specify to claim infringement but SCO can't. SCO claims they have to get all of IBM's AIX code so they can fish through it looking for infringements. That means SCO does not know if there actually is any infringement. If SCO can't specify any infringement then SCO can't bring an action. It's all circular. It depends on getting something else first. SCO claims infringement but can't say what it is without IBM's AIX code. SCO can't get IBM's code if they can't say what the infringment is. Something the judge has already denied to SCO.

Or, in Darl's own words: "IBM clearly did contribute a lot of the Unix-related information into Linux. We just don't know what it is." So, how can SCO bring any action when they can't say with any degree of certainty if there actually is infringement.

It would be nice though. Nice to see all these ignorant MS shills shut up. I expect all of them will do a quick name change and disavow any knowlege of stupidity.

Finally there are a couple more small details SCO must deal with. SCO distributed Linux under the GPL same as all the other Linux companies. When it comes to corporations, faulty memories are not allowed. Since SCO distributed the code they had to know what was in it. They cannot now claim they didn't know what they were doing. The same as selling land to someone that later finds gold on it. You cannot start whining you didn't know what you were doing and get it back. The other small detail is in the US Copyright statute. It is a small clause that states all actions must be brought within three years. Since Linux kernel 2.4 was released on 4 JAN 2001 it seems SCO missed the deadline by a month. Poor babies! Just to make it a bit more intersting, SCO still has to prove they actually own anything.

At any rate, it would be nice to finally see all the MS shills put back into their boxes.

---Plus, they can file for all the other damages, if I were IBM I would want this to be solved quickly..... ---

One small problem here. Exactly what 'damages' are your referring to here? SCO didn't try to register any copyrights until a few months ago. They couldn't get any damages for anything before that even if there was infringement. But I am sure IBM would be more than happy to squash SCO ASAP.

What it all comes down to is SCO is still trying to get the code from IBM that the court has already denied. No copyright infringement claims here. Just more delay tactics and SCO grandstanding. SCO does not want the truth known. SCO cannot afford to let the world discover it pirated a million lines of code from the Linux kernel and sold it to MS as proprietary APIs. What do you think the LKP is?

It fools the MS shills though.

Posted by: zd-spam   Posted on: 02/06/04 You are currently: a Guest | Members login | Terms of Use

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