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Date:      Thu, 10 Jul 2003 09:31:25 -0400
From:      Bill Moran <wmoran@potentialtech.com>
To:        Jonathon McKitrick <jcm@FreeBSD-uk.eu.org>
Cc:        Kris Kennaway <kris@obsecurity.org>
Subject:   Re: Where can I find FreeBSD-related SCO lawsuit updates?
Message-ID:  <3F0D6AAD.9030406@potentialtech.com>
In-Reply-To: <20030710123509.GA97000@dogma.freebsd-uk.eu.org>
References:  <20030709125055.GA90046@dogma.freebsd-uk.eu.org> <20030709193315.A494@citusc.usc.edu> <20030710123509.GA97000@dogma.freebsd-uk.eu.org>

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Jonathon McKitrick wrote:
> On Wed, Jul 09, 2003 at 07:33:15PM -0700, Kris Kennaway wrote:
> :         "Nope, it still doesn't affect the BSDs"
> : 
> : Print this message out and refer to it as often as you need to.
> 
> Touche'.  :-)
> 
> The ripple effect, however, i.e. IP concerns over open source, affect all
> OSS, right?

No, although IP concerns affect all interested media sources.  When it comes
down to actual legal action, Stallman is right: there is not such thing as IP.
"Intellectual Property" is a stupid term coined to include many types of
legal protections (copyright, trademarks, etc) each of which have different
rules and different laws.  The question of who owns what was _settled_ with
the BSDs and no amount of obfuscation by the media or the people who want to
make money out of suing people (or the people allegedly behind those people
who want to hurt the competition by suing) will change the ruling of a
previous lawsuit.
The reality (if you actually look at the facts) is that the most likely thing
to happen is that SCO will not get anywhere with their lawsuit, thus the
likelyhood that they'll even get around to challenging a previous ruling is
almost non-existant.  So your "ripple effect" is more likely to help the BSDs
(by validating their previous court victories) than hurt them.

<disclaimer>
I am not a lawyer.  If you bet money or risk your job based on information
contained in this email, that's your business and I can't be responsible for
the outcome.
</disclaimer>

-- 
Bill Moran
Potential Technologies
http://www.potentialtech.com



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