[clug] Fw: Linux licence

Conrad Canterford conrad at mail.watersprite.com.au
Wed Aug 27 15:36:06 EST 2003

On Wed, 2003-08-27 at 12:02, Kim Holburn wrote: 
> I would think that before SCO asks for licenses for linux they would
> have to specify in detail what code in the linux kernel they think
> they own.  Otherwise what right have they to say anything in linux
> is theirs?

No, its not illegal. If you refuse to pay up, then it falls on SCO to
prove that you are using their code before they can get damages, but
they do not need to prove anything to ask you to give them money. Now,
if they continue to extort licence fees after a court has laughed them
out the door, that's a different matter - that might be illegal.

On Wed, 2003-08-27 at 12:17, Michael Carden wrote:
> IF, and it's a big IF, SCO in Australia are confident / brave / silly enough
> to start demanding fees from Australian companies to permit their continued
> use of Linux... of far more interest to me is the question:
> Will any Australian company cough up the ransom?
> I'd like to think that before anyone did, there would have to be a
> solid decision in an Australian court to back it up.

People will pay, because it is generally much quicker, easier and
cheaper to just pay the ranson, err... licence fee then take the chance
that it is real (or the effort and considerable cost of fighting it in

Probably the best thing people can do is make sure the companies likely
to be targetted are aware of all the issues and strongly encouraged to
seek advice from a knowledgable lawyer. Give them (and their lawyers) as
much information (from both sides) on the issue as you can.


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