On Wed, 12 Mar 2003 15:33:12 +1030
"Greg 'groggy' Lehey" <grog(a)lemis.com> wrote:
Does the suit
involve code xor concepts? If the patents are on
concepts, then any sufficiently similar implementation might
infringe upon the patent, no matter how untainted its code is.
This case has the potential to go horribly, horribly awry if a
stupid judge sits on the bench.
I this subthread is off the mark. I'm personally convinced that
IBM never used any licensed UNIX technology in Linux.
Unfortunately, truth and morals often don't count in court. It's
what your lawyers can prove. That's why SCO engaged David Boies.
They want to win - just like in the Microsoft case - a true
miscarriage of justice.
Much will indeed depend on the judge. There isn't a lot of precedent
to support open source and public interest software, but there is a
lot to support patent and copyright. It will be difficult for a
senior citizen (the judge) to understand computers and free
software, let alone the interaction between IBM and the community.
bill