Groklaw: The Davidson Email, Red Hat, and the Lanham Act

“But the big issue isn’t IBM, in my opinion. Don’t forget Red
Hat. That was the first thing I thought of when the Davidson email
surfaced.

“When SCO began its trash talk, Red Hat wrote to them and asked
them to provide the basis for their public claims, and got nothing,
so they sued saying that SCO had no basis. The study seems to
confirm that Red Hat was on the money, unless SCO has something to
show us now or at trial that would justify the things they said
back then. They specifically accused SCO of making false statements
to the press, false advertising, and said that SCO had made vague
statements without presenting any evidence to back them up. That,
to me, is the issue. Did SCO have any evidence to back up their
verbal attacks on Linux and on the open source method of
development? If not, Red Hat may eat them alive…”

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