law

we may get a GPL test

June 12, 2003 8:36:30.570

The SCO suit may give us a test of the GPL. CNet reports that SCO GPL'd their unix by shipping it with bits of Linux in it:

Several organizations argue that SCO Group's shipment of a Linux product undermines its current attack on the operating system's intellectual-property underpinnings, but SCO says the argument is baseless.

SCO says proprietary source code underlying Unix has been illegally copied into the Linux kernel. SCO critics argue that because the company shipped a Linux product under an open-source license, that Unix code no longer is proprietary.

But SCO, which has staked its future on its Unix intellectual property and how it's licensed, believes opening the source code would require a deliberate act the company didn't in fact undertake

Two things come to mind. First, will this mean a legal test of the GPL? If so, it should be interesting to see how that falls out. Second, I'd like to see SCO apply that "deliberate act" theory to the other side of their suit.

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