[Linux-aus] Re: [osv-list] Re: [Talk] SCO's press release about licencing Linux is online

[Andrew Pam]

On Thu, Jul 24, 2003 at 12:34:59PM +1000, Adam Donnison wrote:
> I think you will find that Section 53, para g also applies in
> this case:
> 
> (g) make a false or misleading representation concerning the
>  existence, exclusion or effect of any condition, warranty,
>  guarantee, right or remedy.
> 
> Adam

I also believe paragraph (c) may be relevant:

(c)  represent that goods or services have sponsorship, approval,
     performance characteristics, accessories, uses or benefits they do not
     have; 

TSG seems to be claiming that the purchase of a UnixWare license grants
the benefit of permitting legal use of Linux, which is not the case.
Copying of Linux without purchasing a UnixWare license will remain legal
until TSG have proven that they do in fact hold rights to portions of
Linux.  Until that time Linux users may rely on the good faith assurance
of the Linux kernel authors and copyright holders that they are indeed
the rights-holders and have licensed the entire kernel under the GPL.
Furthermore, USE of Linux will remain legal in any case as copyright
law only applies to copying software, not merely executing it (unless
TSG wishes to bring a case on the basis of copying the kernel from the
hard drive into RAM, which would open a nasty can of worms!)

I note also that since TSG's registration of copyright on Unix System V
is more than five years after the original publication date, they are
/not/ automatically granted the legal assumption of validity of their
copyright claim.  They will still be required to prove it in court.

The other two paragraphs of Section 53 are:

(f) make a false or misleading representation concerning the need for
any goods or services; or

(g) make a false or misleading representation concerning the existence,
exclusion or effect of any condition, warranty, guarantee, right or
remedy.

TSG seems to be claiming that Linux users need to purchase a license
from them, and that doing so would give them the guarantee of avoiding a
lawsuit from TSG.  We should also check for laws with regard to extortion
to see if it is in fact illegal to demand money to avoid a lawsuit without
providing alternate means of resolution, since TSG refuse to identify
what they hold rights to thus preventing anyone affected from complying
with the law by removing any infringing code.  I suggest that we really
need someone with legal experience.

Cheers,
	Andrew
-- 
mailto:xanni at xanadu.net                         Andrew Pam
http://www.xanadu.com.au/                       Chief Scientist, Xanadu
http://www.glasswings.com.au/                   Technology Manager, Glass Wings
http://www.sericyb.com.au/                      Manager, Serious Cybernetics