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Old 03-05-2004, 11:12 AM   #21 (permalink)
Silvy
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Location: The Netherlands
Quote:
Originally posted by billege
This case is not winnable on it's face. Whoever at SCO is persuing it is hugely stupid. The only thing SCO has a shot at is proving IBM knowingly misused SCO code. If they could prove that, they have a solid case for some damages.
I agree with you wholeheartedly, but it is even worse for SCO. As I understand it, SCO does not even have the copyright of the infringing code, only the right to sublicense it. Novell claims to still own the code, and they have no interest whatsoever at suing anybody. That said, it is even quiestionable that the license agreement which is supposedly violated here exists. The company that IBM agreed a license with, is not the SCO as we know it, but the parent company that split off.
This last piece of info is unclear to me, and details are sketchy, but it is another possible legal pitfall for SCO.

I'm all for the little guy winning from the big guy, as the little guy is usually the victim. But the way SCO is handling the case it's obvious that they are in the bully role here, and they are deservedly losing public support.
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