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DragonFly kernel List (threaded) for 2003-11
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Re: SCO after BSD settlement


From: Adam K Kirchhoff <adamk@xxxxxxxxxxxx>
Date: 24 Nov 2003 21:58:43 GMT

Gary Thorpe <gathorpe79@xxxxxxxxx> wrote:
> If IBM violated their license, I don't see how SCO can be in violation
> of the GPL, since the IP claims against Linux can be valid. The GPL
> cannot invalidate ownership/license claims. If IBM put SCO's code into
> Linux, the GPL has no legal power to _force_ SCO to just accept that.
> _IF_ IBM put SCO's code into Linux. The GPL does not say that someone
> can steal your code and GPL it to make it irreversibly open sourced. If
> it does, it  itself is illegal and its time someone slapped it down.
> Are you trying to say the GPL has a piracy protection clause?
> Ridiculous.

Don't forget, however, that SCO was distributing the linux kernel source
code from their publicly accessible FTP server under the GPL, well after
they started the legal process against IBM.

Effectively, they licensed the code (under the GPL) that they claim IBM
put into the linux kernel.

Adam




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