DragonFly kernel List (threaded) for 2003-11
Re: SCO after BSD settlement
:I like what you are saying and what a lot of the Open Source
:authorities say about this
:but, quite frankly, AFAIK YANAL [you are not a lawyer]. OJ Simpson got
:never gets anything but a wrist slap for their behavior so I wouldn't
:rest so assuredly that
:this is open and shut.
Well, the OJ case was an abberration, and there is no appeal process
for that sort of case if the defendant is found not guilty. The
American justice system usually gets it right, the real problem is
simply that it's very slow.
:> fraud laws that the corporate shield will not protect their
:> against. But, hey, they might just do it anyway. I'm actually
:> they do because it could result in real jail time for Dear Daryl.
:Is there any history that you can use to back up what you are saying?
Well, not other then the obvious... threatening end users is an area
of law that is fairly well understood. It's called 'double dipping'.
SCO is sueing IBM for (what they say) polluting Linux. SCO cannot also
sue linux end-users for using the 'polluted' linux. The same situation
applies to the SGI work. SCO can theoretically sue SGI, but SCO cannot
sue end-users for simply using the freely available result.
This means that SCO would have to sue linux end-users on grounds other
then IBM and SGI pollution, which means they basically have to base it
on their derivative IP claims. If they do that then it opens the door
for individual developers like me who have code in Linux somewhere
to sue SCO. Not that I would necessarily due that, but I would certainly
join a class action against SCO were they to take that tact. SCO would
have to contend with potentially hundreds of lawsuits rather then just a
There are a number of other laws that apply too. For example, if SCO
starts sending out invoices it becomes mail fraud. That corporate
shield won't protect Daryl from that.
And, finally, when you combine the likely illegality of trying to force
end users to 'license' a product that SCO does not own with their
'pay up or we'll sue you' attitude, it becomes extortion, and the
corporate shield won't protect Daryl or Boise from criminal prosecurtion
for extortion. And, believe me, if SCO started going after individuals
you would have thousands of linux users phoning their AG's it will
This is why we haven't seen this type of activity to date. It is far
more likely that SCO will sue the BSD camp then it is that they would
start sending out invoices.