Judge to SCO on code infringement: 'Put up or shut up'

admin at kclinux.net admin at kclinux.net
Mon Dec 8 16:43:10 CST 2003


SCO's day of reckoning is now officially on the court's calendar. A 
judge has ordered the company, which so far has produced underwhelming 
evidence that IBM and others have infringed on its intellectual 
property, to produce a convincing smoking gun within 30 days. Fueling 
the soap opera in what appears to be half-publicity stunt and half 
pre-emptive strike on the day before the judge's findings were released, 
SCO CEO Darl McBride a published an open letter claiming that the GNU 
General Public License flies in the face of U.S. copyright law. But GPL 
advocates, including Stanford Law School professor Lawrence Lessig, are 
firing back, saying that McBride is confusing copyrights with patents 
and that there's nothing in the U.S. Constitution that says copyright 
owners must sell their work. In an e-mail interview, Open Source 
Initiative president Eric Raymond told ZDNet, "McBride isn't even scary 
any more; he has devolved into low comedy. Lawrence Lessig and [the Free 
Software Foundation's] Eben Moglen have refuted these wacky claims more 
than sufficiently, and I look forward to watching a judge toss them 
out." Meanwhile, McBride predicts it may be 18 months until SCO's suit 
against IBM goes to trial. Also, as many as 1,500 companies that have 
significant Linux systems are expected to have lawsuits filed against 
them by SCO in the next 90 days. Could yours be one of them?

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