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- Code Transference - Mode and Direction - Linuxgate ???
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What is interesting in this case is that currently the judge has only asked for evidence to test whether IBM did what SCO claim. For reasons of legal complexity all code involved may not be revealed which is of concern for the following reasons :
Consider these possibilites :
1. At some point in the past "someone" moved Unix
System V code to IBMs AIX and Dynix which was
then subsequently moved to Linux.
SCO blame IBM but the truth may be something
else entirely.
2. At some point in the past " someone" planted
or copied Unix System V code into Linux.
Was there a time in the past before
( or possibly overlapping with Novelles'
Unix ownership ) when Unix code was
considered "open season" perhaps as a result
of AT&Ts failure to win it's BSD derivative
works suit ???
Hence the possibility that such copying
was considered legal or safe ?
The possibilities are quite intrigueing.
3. What IF "someone" actually planted Linux code
into Unix System V ( to cover exactly the
functions SCO are claiming IP ownership
of ???).
This code then found it's way into AIX , Dynix
and on into IBMs version of Linux ( possibly
unbeknowns to IBM ).
There are plenty of intrigueing possibilities
here as well.
We are talking maybe block copies of C code. Specific calls may have to be changed ( depending on libraries used etc ). I will leave it to the Unix/Linux experts to deal with the specifics.
The above could be possibilities.
The judges' terms of reference for her current
case of course do not cover the above
( just something to think about ).
Either what SCO are claiming took place and IBM did the code transfer or we may be looking at something else entirely here.
In a word, fabrication of a whole industry scenario to achieve what end ???
What could be achieved by slowing the market for Linux and who would want that the most
( who would stand to benefit the most ) ???
There are also the issues of exactly what
rights to Unix System V SCO is legally entitled
to claim as a result of it's Unix purchase
from Novelle.
Open Source and Linux constitute a dynamic technical and user community. The markets which are driven and feed off these technologies are
massive and globally based.
It would be a pity to see the adoption of open source and other products like Linux suffer from this.
There is room for both proprietary and open source
solutions to current industry applications.
Intellectual property rights have to be considered
for Cos and individuals that make a substantial investment in developing products etc..
The claim that open source product etc is detrimental to the IT economy and to research , development and innovation is a furphy by those who want to see Linux and Open Source fail.
Since when has technological and product diversity
had a detrimental affect on any of these things ?
In my experience and I'm sure in that of many others , diversity is one of the key driving
forces of the IT and other technology based
industries.
This legal fiasco will no doubt drag on.
Hopefully the dynamic growth of Linux based products and the utility and other contributions
these technologies have to make to society will not be taken away from world markets and a global
user community who can only benefit from the dynamic growth of such.
cheers
The Squirrel Matrix - Posted by: webgecko Posted on: 03/04/04 You are currently: a Guest | Members login | Terms of Use
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