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    SubjectRe: Linux v2.6.9 and GPL Buyout
    On Tue, 2004-10-19 at 11:38, Jeff V. Merkey wrote:
    > Although we do not work with them and are in fact on the the other side
    > of Unixware from a
    > competing viewpoint, SCO has contacted us and identifed with precise
    > detail and factual
    > documentation the code and intellectual property in Linux they claim was
    > taken from Unix.
    > We have reviewed their claims and they appear to create enough
    > uncertianty to warrant
    > removal of the infringing portions.
    > We have identified and removed the infringing portions of Linux for our
    > products that
    > SCO claims was stolen from Unix. They are:
    > JFS, XFS, All SMP support in Linux, and RCU.

    This isn't SCO code. This goes back to SCO's claims of "control rights"
    over any source code that has been in the same room as UNIX code.

    These "control rights" depend on SCOs interpretation of what a
    derivative work is. This is a contractual dispute, an attempt of SCO to
    reframe what a derivative work is and a big up hill battle for SCO as
    virtually all the parties of original contracts have in their
    declarations not supported SCO claims of "control rights".

    Stephen D. Vuksanovich, Scott Nelson, Richard A. McDonough III, Robert
    C. Swanson, Ira Kistenberg, David Frasure, and Geoffrey D. Green.

    Four of them are (or were at relevant time periods) AT&T employees.


    Besides the declarations, there is other items that don't back SCO
    "control rights" claims such as the $echo newletter, and amendment X to
    the contract.

    Dax Kelson

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