Linked by Eugenia Loli on Sat 6th Dec 2003 19:42 UTC, submitted by Tom Curtis
SCO, Caldera, Unixware IBM won a tactical victory Friday in a legal battle with SCO Group when a judge ordered SCO to show within 30 days the Linux software to which it believes it has rights and to point out where it believes IBM is infringing.
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@Average Joe
by Rayiner Hashem on Sat 6th Dec 2003 23:41 UTC

Please, just stop now, you're embarrasing yourself.

Well it is clear that IBM contributed Unix code to Linux (JFS, NUMA, RCU, SMP). It is also clear that they did this in breach of contract.
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Uh, how? JFS, NUMA, and RCU were IBM's own code! They wrote it, and they own the copyright to it. In the case of the Sequent stuff, they completely seperated the code from UNIX code and added it to Linux, while in the case of the JFS stuff, the code never touched UNIX code in the first place! The JFS version for Linux is derived from the new OS/2 JFS codebase, not the older AIX JFS codebase.

Also, since IBM GPL'd this code and added it to Linux, it means they're breaching the GPL by continuing to distribute AIX with this GPL'd code in it!
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Um, not they are not. Its IBM's code, they can do what they want. If you are the owner of the copyright, it is perfectly legal to GPL some code, then distribute that code in a proprietory product. The only thing you have to watch out for is GPL'ed patches to the GPL'ed code. Either you have to have the patch owner assign the copyright to you (in which case you can integrate the patches into the proprietory version) or you effectively fork the GPL'ed and proprietory versions of the code. What you're saying doesn't even make sense! The GPL is based on copyright law. If you infringe the GPL, the only two people involved are the infringer and the copyright owner. In this case, they're both IBM. What's IBM going to do --- sue itself???