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SubjectRe: Linux v2.6.9 and GPL Buyout
On Fri, 22 Oct 2004 16:58:54 -0600, Jeff V. Merkey <> wrote:
> Jon Masters wrote:
> >Jeff,
> >
> >Could you please digitally sign this mail that you are planning to
> >send or otherwise provide notorisation that confirms you definately
> >mean this?
> >
> >I'd love for you to accept liability for this so we can pass all SCO
> >enquiries on to you.
> >
> >Jon.

> Yes. I can do even better.

Ok. But I need you to sign this using some recognised signature -
other folks can suggest mechanisms we can use that are legally valid.
I'm happy to act as a gobetween if we could get you to undertake to
accept liability for any infringing code left in the kernel after any
proven SCO demands were to be met (I'm sure other folks can see where
I'm going with this discussion - let's see what the response is).

> I met with Darl McBride this afternoon

Did you have tea and crumpets? Jam?

> He gave me the first list, and I am waiting on the second

Like I said, if you could provide this to me with legally valid,
documented proof that you'll accept liability for further infringement
then that would help greatly with this thread.

> I don't think he likes Linux much

That surprises me. I thought Darl loved Linux more than life itself -
thanks for the correction.

> I will have it probably Monday. I'll post it then.

If you mail it to me at: along with some contact
details then I can arrange to have you mail me a signed declaration
accepting liability.

> Darl seemed like a nice enough sort

I'd love to interview the guy, if he were interested.

> but he doesn't care much for Linux or IBM and he's pretty harsh on IBM.

IBM must be devastated. Seriously. I mean, they're what, the world's
fourth largest bank or something along those lines? Isn't that enough
money to buyout SCO a bazillion times over and still have some pocket
change left over?

> We argued for 30 minutes about SMP support in Linux and I think
> he will just let this one go since I pointed out that Novell had
> disclosed the Unixware SMP stuff at Brainshare and he
> cannot claim it as trade secrete any longer.

That's interesting. Can you commit to that too in your declaration please?

> He would not budge on RCU, NUMA, JFS, or XFS however, and he also said any IBM
> employee who contributed SMP code in his opinion may have misappropriated it

Did he check the dodo_lock_t stuff too?

> and he would claim any contribution from any IBM employee in Linux.

Were there any restrictions upon when that person was an employee?

> I will post to the complete listing.

Thanks. I look forward to reading that.

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