Linked by Eugenia Loli on Tue 18th Nov 2003 20:33 UTC, submitted by Alex Alvarez
SCO, Caldera, Unixware "Since they cannot show infringement of SCO Unix code, SCO now plans to challenge the 9-year-old settlement between AT&T and BSD. If it can successfully do that, then its claims that Linux contains tainted code can be substantiated. If it can't, SCO is dead meat." Says NewsForge. *Updated*
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by rspickles on Wed 19th Nov 2003 02:26 UTC

The settlement between ATT and BSD was in effect a private agreement (read contract). And yes contracts can be set aside. In the case of fraud, incompetence, or if it requires violations of the law to enforce. Often even if one of these is proven then only small parts of a contract is voided. For SCO to have much of a chance here they will need to prove that one of the parties committed fraud in the handling of the case or the ATT and its lawyers were incompetent to the point that the court needs to step in to protect them from their own actions. Working against SCO will be the nine years that has expired without any of the intervening owners objecting to the settlement, The fact that the settlement was in place accepted when they purchased system V code. That the status quo will be what the courts enforce without proof of one of the above. Just proving that the deal was poorly thought out will not suffice, there is no legal protection for competent people not taking every action to protect themselves. What more ATT will not do anything help SCO and even if SCO proves that ATT and their lawyers were proven incompetent then they would still lose as that would also surely render the sale of system V code by ATT null and void.