[Linux-aus] More from LinuxTag

[Chris Samuel]

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It would appear that there have been not one, but two court appearances 
regarding SCO's behaviour, the first that provided the original court order 
against SCO after the initial legal document to put up or shut up, and the 
second when SCO's website reappeared with the offending document still there.

To quote the LinuxTag press release of 6th June from:

	http://www.linuxtag.org/2003/en/press/releases.xsp?id=4

NB: The page referenced on the SCO website is now 404.


[begin quote]

English Version: Prohibited Claims by SCO -- Plaintiffs Raise Contempt Charges


 In spite of the interlocutory injunctions issued by district courts in Bremen 
and Munich, a German SCO web site still displays the prohibited statement 
that Linux contains illegally obtained SCO property. 


"For them to ignore the court orders is outrageous. Evidently they intend to 
continue their strategy of intimidating GNU/Linux users and the Linux 
community," said Michael Kleinhenz, spokesman for the LinuxTag association, 
about the behavior of SCO's German subsidiary. 


After a first injunction against SCO had been obtained by the system supplier 
univention GmbH in Bremen on May 28th, 2003, the software and consulting 
company tarent GmbH obtained another injunction in Munich's first district 
court on June 5 in spite of a caveat filed by SCO. 


"The Munich I district court determined that SCO had not plausibly 
demonstrated that the Linux kernel violates SCO's rights," said attorney Dr. 
Till Jaeger of the firm of Jaschinski Biere Brexl, which represents tarent 
GmbH in this matter. Because SCO continued to publish the disputed claims, 
tarent GmbH requested that the company be fined. "We can't simply allow them 
to confuse GNU/Linux users, causing damage to Linux businesses," said 
tarent's Managing Director, Elmar Geese. "We hope our initial success will 
help to demonstrate that Linux can be used dependably. As a company that 
profits from Free Software, we feel it is our duty to take action against 
SCO." 


Klaus Knopper, developer of the GNU/Linux distribution Knoppix, criticized the 
strategy behind SCO's claims: "What kind of respect is SCO showing for the 
intellectual property of the many Linux developers who have worked to develop 
an operating system that is free and open to all -- on which SCO's own Linux 
distribution was based, by the way? You can read on the SCO website that they 
have used and continue to use other GPL software in their products," Knopper 
added. 

[end quote]

- -- 
 Chris Samuel  :  http://csamuel.org/  :  Melbourne, VIC

 Need someone with 10 years of Linux, Unix, Networking
   & IT Security skills in Melbourne, VIC ? Email me.

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