From mboxrd@z Thu Jan 1 00:00:00 1970 From: wgm@telus.net (Wm. G. McGrath) Date: Wed, 12 Mar 2003 12:33:26 -0800 Subject: [TUHS] SCO sues IBM? In-Reply-To: <20030312050312.GU78280@wantadilla.lemis.com> References: <20030310012147.GB94647@wantadilla.lemis.com> <002501c2e6b2$f8b6ec60$ed8ca140@ca.caldera.com> <671020867.20030310142100@subatomix.com> <20030310211518.GL90290@gsmx07.alcatel.com.au> <1099333580.20030311224604@subatomix.com> <20030312050312.GU78280@wantadilla.lemis.com> Message-ID: <20030312123326.788f4fff.wgm@telus.net> On Wed, 12 Mar 2003 15:33:12 +1030 "Greg 'groggy' Lehey" wrote: >> Does the suit involve code xor concepts? If the patents are on >> concepts, then any sufficiently similar implementation might >> infringe upon the patent, no matter how untainted its code is. >> This case has the potential to go horribly, horribly awry if a >> stupid judge sits on the bench. > >I this subthread is off the mark. I'm personally convinced that >IBM never used any licensed UNIX technology in Linux. Unfortunately, truth and morals often don't count in court. It's what your lawyers can prove. That's why SCO engaged David Boies. They want to win - just like in the Microsoft case - a true miscarriage of justice. Much will indeed depend on the judge. There isn't a lot of precedent to support open source and public interest software, but there is a lot to support patent and copyright. It will be difficult for a senior citizen (the judge) to understand computers and free software, let alone the interaction between IBM and the community. bill