[oclug] Case Closed

[Jon Earle]

On Wed, 30 Jul 2003, Brad Barnett wrote:

> On Wed, 30 Jul 2003 09:23:08 -0400 (EDT)
> Jon Earle <je_oclug at kronos.honk.org> wrote:
>
> > On Wed, 30 Jul 2003, Brad Barnett wrote:
> >
> > > If this is not a copyright or patent issue at all, and merely a
> > > contract breach, this means that Linux has even less to worry about.
> > >
> > > Why?
> > >
> > > Quite simply put, IBM owns that code in question.  It is theirs.
> > > Period.
> >
> > True, but if the contract states that they cannot divulge work based on
> > unix code, then IBM (and the relevant Linux kernel code) can be in a
> > pickle.  SCO can claim that whatever it was that was given to Linux
> > reveals some secret within unix that cannot be revealed without fear of
> > massive revenue losses (classic BS).
>
> Right, but that doesn't effect Linux.  Linux has no contractual
> arrangement with SCO.  IBM does.  If IBM has breached a contract (without
> infringing on Copyrights (and SCO says they don't), or Patent law (no
> claim yet) or Trade Secrets (Unix sources are not trade secrets, they are
> too open)) then that source can stay in Linux.

Doesn't matter.  If your friend steals a car and gives it to you (even if
just to store it), you are just as liable as your friend, albeit for
different charges. If IBM gave code, in violation of signed agreements, to
the Linux kernel project, that project is not off the hook.

That's the way I understand it, anyway.

Cheers!
Jon


-- 
Jon Earle

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