Date: Fri, 16 May 2003 21:45:55 -0700 From: Terry Lambert <tlambert2@mindspring.com> To: Colin Percival <colin.percival@wadham.ox.ac.uk> Cc: Garance A Drosihn <drosih@rpi.edu> Subject: Re: a public relations opportunity for BSD Message-ID: <3EC5BE83.88B2C630@mindspring.com> References: <3EC2FB53.67559AB6@bellatlantic.net> <5.0.2.1.1.20030516073557.01e053b8@popserver.sfu.ca>
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Colin Percival wrote: > At 23:32 15/05/2003 -0700, Terry Lambert wrote: > >If you can buy a copy of the SCO Linux product before it's > >no longer available, do it: the legal theory that made them > >withdraw the offer for sale of the product was that their > >sale of it under the GPL granted royalty free license to > >use their IP contained therein with no royalty, in perpetuity. > > I'm not aware of any legal theory which makes it possible to grant > someone a license by mistake. Who said anything about "by mistake"? If you release under a particular license, it's on purpose. > Providing that someone from SCO stands up in > court and says "as soon as we realized that our proprietary code had been > inserted into the linux project we were distributing, we stopped > distributing it", I think any reasonable court would rule that their code > had not been licensed under the GPL. Works only if they terminate the already outstanding licenses: Ex Post Facto. -- Terry
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