Journal molarmass192's Journal: Linux: SCO Blew it, now everybody go home
I've put A and B together and have a near bullet proof argument that SCO has released any "copied" code under the GPL intentionally or not.
The crux of this case is that SCO knew about the "copied" code in March, yet they continued to distribute the software until May, and even as late as July. Normally, this would not appear to be a cause for concern. However, when we combine section 4 of the GPL with public comments by Mr. Chris Sontag, VP of SCO Source, we have a concrete statement of absolution. As per section 4 of the GPL:
4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
Now, a quote from Mr. Sontag, SCO will continue to support SCO Linux users and "hold them harmless from any SCO intellectual property issues regarding SCO Linux and Caldera OpenLinux products,". The statement is repeated in question 8 in a document on the Caldera site here. Long story short, this is a breach of the GPL. They cannot only absolve Caldera Linux users under the GPL, so SCOs license under the GPL was effectively terminated, and as a result they've unwittingly freed the infringing code to the GPL in the process as per section 4 of the GPL.
Mr. Sontag should have kept quiet because beyond the IBM suit, this case now has a near 0% chance of succeeding, even if code was copied verbatim. The only remaining possibility, assuming code was copied verbatim, would be for SCO to have the GPL itself completely discredited.
The crux of this case is that SCO knew about the "copied" code in March, yet they continued to distribute the software until May, and even as late as July. Normally, this would not appear to be a cause for concern. However, when we combine section 4 of the GPL with public comments by Mr. Chris Sontag, VP of SCO Source, we have a concrete statement of absolution. As per section 4 of the GPL:
4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
Now, a quote from Mr. Sontag, SCO will continue to support SCO Linux users and "hold them harmless from any SCO intellectual property issues regarding SCO Linux and Caldera OpenLinux products,". The statement is repeated in question 8 in a document on the Caldera site here. Long story short, this is a breach of the GPL. They cannot only absolve Caldera Linux users under the GPL, so SCOs license under the GPL was effectively terminated, and as a result they've unwittingly freed the infringing code to the GPL in the process as per section 4 of the GPL.
Mr. Sontag should have kept quiet because beyond the IBM suit, this case now has a near 0% chance of succeeding, even if code was copied verbatim. The only remaining possibility, assuming code was copied verbatim, would be for SCO to have the GPL itself completely discredited.