On Wed, Jul 23, 2003 at 01:29:21AM +0200, Leonard den Ottolander wrote:
> Hi Lorenzo,
> 
> > But the problem is that this supposed IP is part of the kernel, (which
> > is licensed under the GPL) and that SCO has distributed this kernel
> > (under the GPL) for years, knowing that this IP was there
> 
>  In a court case you would have to substantiate the fact that they knew 
> the code was there. Problem with public cases is it seems to be quite 
> easy to claim/fake ignorance.

Let's look at the order:
1.  SCO filed suit against IBM
2.  SCO about a month later pulled the kernel sources from their FTP
site.
3.  SCO is still, to this day, distributing kernel updates on their FTP
site.

If their is SCO IP in the current kernel, SCO has released it under the
GPL. It's their right to do so, and they've obviously chosen to continue
doing so.  They can't fake ignorance.  They know what the GPL means -
they sold products based on it.  They know that they're currently
releasing their IP under the GPL.  They can't take it back now.

-- 
Ed Wilts, Mounds View, MN, USA
mailto:[EMAIL PROTECTED]
Member #1, Red Hat Community Ambassador Program


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