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    SubjectRe: Linux v2.6.9 and GPL Buyout
    Dax Kelson wrote:

    >>
    >>JFS, XFS, All SMP support in Linux, and RCU.
    >>
    >>
    And Numa also.

    >>
    >>
    >
    >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.
    >
    >See: http://www.groklaw.net/article.php?story=20041007032319488
    >
    >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
    >
    >
    >
    >
    No. They seem to have some factual concrete evidence IP covered under
    Employee
    agreements was used and subsequently converted into Linux, and they are
    very
    confident of this. From a cursory viewpoint, it looks valid. I think
    they have a case
    (having been sued and nailed for the same type of thing by Novell).
    It's better to remove
    these code areas and make the vendors maintain them as separate patches
    not in the tree,
    like what happened to intermezzo. It's low impact for Linux and the
    other vendors.

    XFS, JFS and NUMA are easy ones.

    RCU and NUMA are not. Hey, Novell just handed over their patent
    portfolio to Linux,
    use their patents for SMP and RCU. These areas are not trivial to dump
    out of the kernel.
    If Linux did dump the infringing FS's, it would be a good faith effort
    to limit SCO's claims.

    SMP and RCU look a little tougher to defend. I remember a Brainshare
    session at SLC
    where the unixware guys were disclosing this stuff in public sessions.
    Perhaps Novell
    could go back and publish those Brainshare slides on their website. So
    much for claiming
    SMP and RCU are not in the public domain.

    Dump the FS's and NUMA guys. Then you are nearly there for being
    squeaky clean.

    Jeff



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