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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" No, Caldera would only give those rights on the source code that Caldera themselves added to linus' codes"
1. SCO claims that their IP is in the linux kernel
2. SCO continues to distribute the linux kernel as part of their linux distro, under the GPL
3. Continuing to distribute this code, *after identifying it* as infringing (supposedly), means they can't claim they GPL'd their distro but they didn't realize their pseudo-IP was in it
IANAL, but, distributing Linux didn't invalidate their IP rights because they didn't realize what they accuse IBM of. Continuing to GPL this code, however, is BS because now they are knowingly distributing their so-called IP under the GPL.