Linked by Eugenia Loli-Queru on Wed 12th Mar 2003 20:31 UTC
SCO's lawsuit filed in Utah last week claims that IBM integrated computer code belonging to another company into the Linux operating system, touching off speculation that the lawsuit could hurt other Linux companies, including Red Hat, the country's largest distributor of the software. Red Hat isn't involved in the dispute, but some analysts say that the Raleigh-based company won't be able to escape the fallout. "It's kind of irrelevant who wins the lawsuit," said Victor Raisys, analyst with Soundview Technology Group in San Francisco. "You can't take back the fact that someone has tried to claim intellectual property on Linux. The genie is out of the bottle."
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IP infringements are very hard to prove, no matter what SCO does it cannot prove in court that IBM's Linux developers were anyway swayed by the UNIX System V source code. It might be able to, and a slim chance of that if they can find out who is on the developer teams, if Joe Blow works on AIX and not on Linux, SCO is out of Luck, BUT if Joe Blow works on AIX and on Linux then the burden of proof falls on IBM, but what it will ultimately come down to is will the developer admit that he was influenced, plus SCO has to find out who the developers are. As Linus stated, Linux was running on 16 CPU Sun systems before IBM even came along which proves it was enterprise ready. All IBM assisted with was distribution and marketing. SCO main claim states that Linux was a hobbyist OS and that if IBM hadnt gotten involved with Linux it would never have been enterprise ready and would have remained a hobbyist OS. Which is crap. Basically SCO is crying that they were unable to sell more of their crappy software. SCO's claims hold no clout, and they will be more burdened to provide proof than IBM. Any fool can file a lawsuit. I could file a lawsuit against Eugenia stating that she is a racist and religous fanatic thats harrassing me, but that does not mean I will win...
By the way I am not saying Eugenia is a racist and religous fanatic thats harrassing me, she IS NOT. Im just using it as an example.