[Talk] SCO Linux kernel still being distributed

Greg 'groggy' Lehey Greg.Lehey at auug.org.au
Sun Jul 27 13:31:47 EST 2003

On Sunday, 27 July 2003 at 13:16:58 +1000, David Keegel wrote:
> Groggy wrote:
>> The trouble is that they don't yet appear to be doing anything
>> illegal.  They haven't made any statement at all in Australia.  Even
>> if they were to demand license fees, it would only be illegal if it
>> could be shown that they did not, indeed, own Linux.  We know that
>> they don't, but the courts don't.
> Here is an interesting section of the TPA:
> http://www.austlii.edu.au/au/legis/cth/consol_act/tpa1974149/s52.html
> ''
> Misleading or deceptive conduct
> (1)
> A corporation shall not, in trade or commerce, engage in conduct
> that is misleading or deceptive or is likely to mislead or deceive.
> ''
> But I don't think the ACCC would consider it to be "in trade or
> commerce" unless SCO/Caldera actually sends out demands for money to
> Australians.

Yes, that's pretty much what they said.

> Whether the ACCC took any action after that would depend on the
> wording of the demand (how misleading or deceptive it seemed to
> them).

They sounded pretty keen on going for it if they actually were to send
out demands.  I suppose the real issue is that they don't see the
dangers of FUD; or maybe they do, in which case we can expect to hear
from them.  I put in my complaint as myself, but I did point out that
I was President of AUUG and that this greatly concerned our members.
We'll see if anything happens.

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