FSF Counsel's Take on SCO

Am 31. Jul, 2003 schw=E4tzte Derek Neighbors so:

> > On Thu, 31 Jul 2003, Derek Neighbors wrote:
> >
> >> Here is Eben Moglen's (Free Software Foundation Counsel) position
> >> paper on the SCO claims and how they pertain to the community. I will
> >> not attempt commentary, but rather encourage you to read, form your
> >> own opinion and if you feel led, share it here. :)
> >>
> >> This is released by the Open Source Development Lab as they are
> >> probably one of the biggest faces put forth to the "Enterprise"
> >> community. (Who is also the community most largely affected by the
> >> current SCO FUD) Eben addressed their advisory board and had a long
> >> session with them. This paper was the result of the
> >> interaction/presentation.
> >>
> >> http://www.osdl.org/docs/osdl_eben_moglen_position_paper.pdf

OK, just read it. He ignores the case where SCO didn't know there was code
for which they had some claim in the kernel.

Let's say someone has stolen code from me that I don't wish to distribute
and added it to a Free Software project that is licensed under the GPL.
Let's say further that I help distribute this project, but at some later
point realize that it contains the code stolen from me. I certainly should
be able to retract that code ( legally, in reality once pandora's box has
been opened it's hard to get the lid back on ).

SCO is starting to finally actually make a claim, but not quite. I have
a feeling they just started the suit to see how much they could make on
increased stock prices and they're just looking for excuses as they go.

Did SCO stop distributing the tainted kernel immediately after knowing abou=
t
the issue, though? If not, I'd think their claims are null and void.

They claim the current kernel on their site is not tainted with the
questionable code.

What can we do to them for not being forthcoming in their claims? Can we ge=
t
a cease and desist as has happened in .de?

ciao,

der.hans
--=20
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