[PLUG] Aduva's Tool Removes SCO Code

Russ Johnson russj at dimstar.net
Sun Aug 10 09:19:02 UTC 2003


* Cooper Stevenson <cooper at cooper.stevenson.name> [2003-08-09 09:45]:
> > To remove something requires that it exist. 
> 
> Right. It exists in the form of GPL'd code by Caldera who is now SCO.
> The problem is that once you GPL the code, you can't later go back and
> issue a new license just because it's not convenient for you.

Well, IANAL, I haven't signed any NDA's with SCO, and I haven't looked at the
code, but it was my understanding that SCO was claiming that SCOUnix
code (not Caldera) made it into the kernel. 

That's part of the problem with this suit, we don't know what code they
are claiming is infringing, and they haven't specifically said where it
came from. 

If you are correct, then there is no basis for a suit. If it's not
Caldera code that they are claiming, but in fact, SCOUnix code, then
they may have a claim, and someone screwed up. In that case also, we
have to hope the judge see it that SCO did distribute this after the
fact, and is still distributing, per their FTP site. 

The message this will send is that any company that contributes to OSS
will need to be inspecting every OSS project for code that may have made
it into that project.

-- 
Russ Johnson
Dimension 7/Stargate Online
http://www.dimstar.net

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