Comment Re:As far as I can tell... (Score 4, Informative) 376
SCO's argument is far more bizarre than that. They claim that since AIX and Dynix might have touched UNIX code once upon a time, all code ever written for AIX and Dynix since then must be covered by the contract terms of IBM's license for UNIX. Those terms talk about "methods and concepts" as protected entities. IBM used some of those allegedly protected methods and concepts when, say, they moved JFS over to OS/2, then implemented the Linux version of JFS using that as a reference. It's not about AIX. They're trying to argue that Linux inherited from OS/2 inherited from AIX touched UNIX, so (of course) they own the things in Linux.
Their theory of derived works is totally at right angles to reality. That isn't the way it works. However, Judge Wells is not permitted to smack them down. That falls to Judge Kimball (the trial judge) and, perhaps, a jury.
This is an annoying delay but really isn't going to change the outcome of the case.
Their theory of derived works is totally at right angles to reality. That isn't the way it works. However, Judge Wells is not permitted to smack them down. That falls to Judge Kimball (the trial judge) and, perhaps, a jury.
This is an annoying delay but really isn't going to change the outcome of the case.
