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Re: LGPL reverse engineering clause & Java

From: John Hasler
Subject: Re: LGPL reverse engineering clause & Java
Date: Thu, 02 Dec 2004 11:52:50 -0600
User-agent: Gnus/5.1002 (Gnus v5.10.2) Emacs/21.2 (gnu/linux)

David Kastrup writes:
> For the counterclaim of IBM against SCO the GPL might be considered
> marginally relevant.

Slightly more than marginal.  One of IBM's counterclaims [1] is that The
SCO Group [2] has infringed IBM's copyrights by breaching the GPL.  It
seems rather unlikely that Cravath, Swaine & Moore LLP would file such a
claim if they doubted the enforceability of the GPL.

> However, in stark contrast to its public statements, SCO's legal defense
> here very much avoids talking about issues particular to the GPL.

They have tried to avoid copyright completely.  Their only copyright claim
[3] is that IBM infringed their purported copyright on SysV by continuing
to ship AIX after they ordered them to stop.  IBM, on the other hand, has
not.  Among other things, IBM has asked the court to rule that nothing in
Linux infringes any copyright owned by The SCO Group [4].  IBM has
requested summary judgement on that claim.  The motion is fully briefed and
the decision is expected momentarily.  If the decision is favorable it will
give Linux a clean bill of health.  If it is unfavorable it merely means
that the claim will go to trial.

Alexander Terekhov writes:
> Go read SCO's latest court filing.

I've read every one of them, as well most of the cited cases and the
comments of several lawyers who have also read them.  The SCO Group is
going to lose on every one of its claims and on most of IBM's

[1] SIXTH COUNTERCLAIM  Breach of the GNU General Public License
    The link is to a transcription.  A PDF is available at the same site.

[2] The SCO Group is, of course, not related to The Santa Cruz Organization
    (SCO), now known as Tarantella.

[3] FIFTH CAUSE OF ACTION (Copyright Infringement)
    The link is to a transcription.  A PDF is available at the same site.

[4] TENTH COUNTERCLAIM Declaratory Judgment of Noninfringement of Copyrights
    The link is to a transcription.  A PDF is available at the same site.
John Hasler
Dancing Horse Hill
Elmwood, WI USA

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