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Re: [ossig] Other open source projects




Okay, and their only possible way out of this misery, would be a finding
that declares the GPL unconstitutional from the beginning. Therefore
this is what they try.

Ah, but that would not be the end of their misery! If the GPL was invalid because it's "unconstitutional" (highly unlikely, but we'll assume so for the case of this argument), the ownership of the Linux kernel is *still covered by conventional copyright law*. Linus Torvalds, Andrew Morton, Alan Cox, and a whole plethora of other people *still own the copyright on that code* and thus SCO has no right to distribute it at all except via provisions of the GPL (which in our assumption for this scenario is "invalid").

The judge has decided SCO has no evidence as yet. On IBM's side is Brian Kernighan who testified that he found no such infringement as SCO claims.

http://www.groklaw.net/article.php?story=20050627213616674&query=Brian+Kernighan

In short, Darl is very, very screwed.

In the end, we'll get the last laugh yet.

-= Nur Hussein =-