[Baron Munchausen]

As of right now, they only claim Linux kernel 1.2.4.18 and later have the infringing code. It's not quite such a big deal to go back and revise some recent additions to the Linux kernel even if SCO should win. But as their behavior so far shows -- noted by IBM in its counter-suit -- they seem to be interested in making legal maneuvering their new business model. The problem is not that some code has been added to Linux that doesn't belong. They could have complained directly to Linus without having to file any lawsuits. He would have very quickly had the code replaced. But that's not what SCO wanted. The problem is that a major contributing Linux software company has changed management and decided to make its living by litigation.

For this reason alone IBM will certainly not settle. If they settle it opens the door to god-knows-how-many new litigation franchise operations trying some new trick on IBM in hopes of getting some cash in a 'settlement'. SCO's legal claims are very weak anyway, with the GPL itself being the final hurdle they would have to over-come in order to prevail against IBM. They have been distributing the very code they claim is 'infringing' in the current Linux kernel for the whole time they have been making all these noises, effectively voiding their own copyright/patent (whichever they claim that it is covered by). And since contemporary litigation is really more of a test of financial strength/endurance than a test of validity of legal argument, it seems very unlikely that SCO can prevail with its weak position.

[ August 09, 2003, 23:39: Message edited by: Baron Munchausen ]