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Re: copyright and incorporating code from mailing list posts

From: Alexander Terekhov
Subject: Re: copyright and incorporating code from mailing list posts
Date: Fri, 25 Aug 2006 11:30:07 +0200

John Hasler wrote:
> There is no need to round them all up.  Each has a copyright in the work
> and can prosecute infringement independently of all the others.  Thus IBM
> is prosecuting its claims that SCO is infringing its copyrights 

Uncle Husler, uncle Husler. IBM asserted two GPL (counter) claims. The 
first one was breach of contract. I mean IBM's SIXTH COUNTERCLAIM Breach 
of the GNU General Public License against SCO. No violation of the 
copyright act is alleged. "SCO accepted the terms of the GPL... IBM is 
entitled to a declaration that SCO's rights under the GPL terminated, an 
injunction prohibiting SCO from its continuing and threatened breaches of 
the GPL and an award of damages in an amount to be determined at trial." 

Now, later IBM also nicely trolled SCO with Moglen's "retroactive 
copyright infringement" theory (in another counterclaim which was asserted 
a month or two later). I suggest you read SCO's reply. 

And, BTW, neither is prosecuted currently. Both PSJs were denied without 


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