It is very clear that the minute SCO reveals that information that the code will be yanked and replaced by non infringing code, most likely within hours, days at the outside.
This limits the damages that SCO can claim, since it is very clear that the infringement is not only not willful, it is involuntary. The only reason why the infringement is continuing is because SCO refuses to release that information.
Don't you see, the reason SCO is not identifying the infringing code is to prove to the court later that the Linux stewards don't know where this, or any other potentially infringing code, is in their own kernel, that the open-source model is not protective of IP because the people managing the kernel can't tell when code comes in that it is infringing, and it could be happening hourly. In SCOs eyes (actually not SCO, they are just the stalking horse here, period.) the argument that the code is open source, and is there for all to see, can be attacked by saying that the Linux maintainers are requiring a burdensom, affirmative obligation on the part of everyone out there with software IP to constantly analyze the Linux kernel, looking for improper use of their code. Make no mistake about it, this is an attack (not the entire war, just one tactic in a larger strategy) on the GPL by one company. In a legal system with integrity, this case could never succeed, and the company sponsoring this would finally get their just anti-trust due. But I think we all have to be congnizant of the fact that after November 2000 that, at the top, which is where this will wind up, the fix is in, and if the FSF and IBM aren't on top of their game, this could turn out very badly.
Hello everyone,
I'm new here, not a technical talent like many who post. Regarding -
"According to an article on byte.com, Linux is only the start. BSD,Windows,MAC could potentially be targets as wells. SCO appears to beleive that all operating systems are derived in some way from Unix System V technology. I think they are hoping if they stink loud enough someone buy them out."
Don't you all see what is happening here? The Assimilator is at the root of this, and he will stay, no matter which way the wind blows. SCO will not run out of money in this battle, it is not their money funding this, it is the Assimilator's money. SCO is being used as a front. If SCO starts to look like they will prevail with their "trunk" argument, the Assimilator will buy them, and quick. Then he will be better positioned than he ever dreamed he could be. If the "trunk" argument fails, then it's very cheap for the Assimilator to throw a few million dollars per quarter at the thing to keep it stirred up for a few years, stunting the momentum Linux was rapidly building. Again, I'm not the equal of the technical people on this board, but I have some familiarity with game theory, and this one is being directed by the master, not SCO. The biggest stick SCO has would be to threaten IBM that they were going to sell out to the Assimilator. The only thing keeping the Assimilator from doing it now is that he just got out of the anti-trust penalty box.
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Don't you see, the reason SCO is not identifying the infringing code is to prove to the court later that the Linux stewards don't know where this, or any other potentially infringing code, is in their own kernel, that the open-source model is not protective of IP because the people managing the kernel can't tell when code comes in that it is infringing, and it could be happening hourly. In SCOs eyes (actually not SCO, they are just the stalking horse here, period.) the argument that the code is open source, and is there for all to see, can be attacked by saying that the Linux maintainers are requiring a burdensom, affirmative obligation on the part of everyone out there with software IP to constantly analyze the Linux kernel, looking for improper use of their code. Make no mistake about it, this is an attack (not the entire war, just one tactic in a larger strategy) on the GPL by one company. In a legal system with integrity, this case could never succeed, and the company sponsoring this would finally get their just anti-trust due. But I think we all have to be congnizant of the fact that after November 2000 that, at the top, which is where this will wind up, the fix is in, and if the FSF and IBM aren't on top of their game, this could turn out very badly.
Hello everyone, I'm new here, not a technical talent like many who post. Regarding - "According to an article on byte.com, Linux is only the start. BSD,Windows,MAC could potentially be targets as wells. SCO appears to beleive that all operating systems are derived in some way from Unix System V technology. I think they are hoping if they stink loud enough someone buy them out." Don't you all see what is happening here? The Assimilator is at the root of this, and he will stay, no matter which way the wind blows. SCO will not run out of money in this battle, it is not their money funding this, it is the Assimilator's money. SCO is being used as a front. If SCO starts to look like they will prevail with their "trunk" argument, the Assimilator will buy them, and quick. Then he will be better positioned than he ever dreamed he could be. If the "trunk" argument fails, then it's very cheap for the Assimilator to throw a few million dollars per quarter at the thing to keep it stirred up for a few years, stunting the momentum Linux was rapidly building. Again, I'm not the equal of the technical people on this board, but I have some familiarity with game theory, and this one is being directed by the master, not SCO. The biggest stick SCO has would be to threaten IBM that they were going to sell out to the Assimilator. The only thing keeping the Assimilator from doing it now is that he just got out of the anti-trust penalty box.