Could open-source be illegal someday?

[lerninlinux at comcast.net]

since THEY have
> already put a linux offering out would they not be bound by the gpl in a
> quazi sence  they are GIVING thier source code away.    since they claim
> to hold the patents on the questonable source and have already
> distributed it via gpl would that null and void all  lawsuit.   one
> would think they knew what they were distributing...

They are bound by the gpl, and Ianal, but I do recognize that if they prove that Linux has 
unauthorized, unapproved coping form Unix to Linux.  Then they may be at  fault if Novell wins over 
SCO thus making Sco owe from the infrigments that they have commited.  If you Groklaw you'll find 
what I am talking about.  They released  Unix (I believe system 3) into the wilds,  they had an 
employee, under managers approval, write code for the kernel (this employee had/has knowledge of 
Unix and wrote code for both)(I believe I found out about this one on Bruce Perens site). They 
released and continue releasing under gpl even since lawsuit you can download the kernel.  They 
were intervied and responded that they would not hold any liabillity on anyone who purchased/used 
thier products (interview with something like zd/net a long time ago, maybe just before lawsuit was 
filled when still ultimatums were going).  This was specifically in response to a question about 
Caldera customers and United Linux,  IBM could have bought one copy of Caldera openlinux and been 
exempt from anything that they claim as copyright infringent (still see this as a possible defense 
mechanism for IBM).  

Sorry for the blathering but the list goes on, must be a diaretic bovine around here somewhere!