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Two Opinions on SCO, IBM, Code, and IP

Jun 25, 2003, 04:00 (15 Talkback[s])
(Other stories by Con Zymaris, Richard Wilder)

CyberSource: Linux vs. SCO: The Decision Matrix

[ Thanks to Con Zymaris for this link. ]

"Since the Linux vs. SCO dispute has become quite complex, I have taken the time to distil the various issues of contention into a format which lends itself to easier digestion, and have drawn possible likely outcomes for these issues raised by SCO. Sources for all claims made herein are supplied as footnotes..."

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CNET News: Open Source's Moment of Truth

[ Thanks to Jeff Smelser for this link. ]

"Regardless of the case's outcome, however, the specter of liability has already been raised among the notoriously risk-averse ranks of corporate information officers. Already, industry analysts from Gartner have advised corporations to reconsider implementing Linux, especially on 'mission critical' systems. In addition, SCO ensured that at least 1,500 of IBM's customers were aware of the potential risks when it sent them letters threatening direct legal action.

"This tactic may seem strange to people who aren't lawyers--how could 1,500 companies infringe property rights they did not know existed when they bought their software? U.S. copyright and patent laws do not include an absolute protection against 'innocent infringement' of such rights, although damages may be reduced for acts performed before you have notice of the rights. Once on notice, however, an 'innocent' purchaser is liable for damages and subject to an injunction if they continue to use or sell copies of the software..."

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