[oclug] Canadian LUGs and SCO

[Ross Jordan]

> You did say effective owner, but they won't become the effective
> owner.  For example, if Linux is found to have copyrighted SCO code, the
> kernel can be purged of this tiny bit of code (yes tiny, see below).  Once
> purged, there is nothing SCO can "claim".  They do not own the kernel,
> effectively or otherwise, since they won't have anything in that kernel
> to hassle people over.

One thing they could still claim is that any code that replaces SCO
IP is derived code, and therefore is still SCO IP.
It doesn't mean the claim will be legitimate -- but that hasn't yet
stopped them from making outrageous claims either. SCO also may have
a claim of damages (doubtful) to whoever put the IP in there. SCO can
redirect the blame from whatever individual/company put the code in
to Linux as a whole -- and continue to spread FUD. I'm not saying
SCO is legitimate in any way -- just that they can keep going if they
so desire.
 
> For example, it isn't your fault if you paid for and are driving a stolen
> car, especially when you bought that car from a legitimate dealer. 
You are liable is you *know* the car is stolen (or proceeds of a crime).

> You
> may end up losing your money when people find out that car is stolen, and
> the car as well of course, but you won't be charged.  You aren't liable. 
> You did not intent theft.  You were scammed.
But, what if after buying the car (under legitimate pretenses), you 
learn that it is stolen. If you continue using it, you are liable.

> So, if the case does succeed, I can see a lot of people rolling back to
> 2.2.  This will actually do in many, many Linux installations. 
> Furthermore I can see a quick and fast patch of the 2.4 series kernel
> where SCO code is just removed, and portions of 2.4 are rolled back to
> 2.2.  Quick and easy?  No. Would it be done?  Yes!
But, there's the distant possibility that SCO can convince a judge
to beleive that the *entire* linux kernel is tarnished; i.e. it is
a derived work of SCOs IP. I don't imagine such a thing will happen,
but the US legal system never ceases to surprise me.

-Ross

-- 
"Many that live deserve death. And some die that deserve life. Can you 
 give it to them? Then be not too eager to deal out death in the name 
 of justice, fearing for your own safety. Even the wise cannot see all ends."
   -- J.R.R. Tolkien, The Lord Of the Rings, Book Four, Chapter One