[Talk] SCO vs. IBM - the gloves come off...
adam at saki.com.au
Thu Jun 19 13:55:48 EST 2003
I'm not an expert on international copyright legislation, but am
certainly familiar with the provisions of the Australian legislation.
There are 2 classes of breach, one of which is civil, the other
of which is criminal. Off the top of my head I can't remember the
exact wording, but there are links from IP Australia's website.
There is also a very interesting provision that means that if
the party alleging the breach does so without a provable case then
the defending party can actually sue them for wrongful use of the
copyright act. But as I say, this is the Australian Copyright
Act, not the US one.
Still, its going to be an interesting battle to watch.
david.newall at auug.org.au wrote:
> Greg Rose <ggr at qualcomm.com> wrote:
>>At 12:16 PM 6/18/2003 +0930, david.newall at auug.org.au wrote:
>>>I'm sure they'll stop distributing AIX.
> That's a bit strong, isn't it?
>>It's a civil matter. Until a court issues an injunction, they're no
>>worse off, given that they've registered their disagreement, than if
> Are you certain it's civil? Presumably SCO would claim a breach of
> copyright, which I think is a criminal matter.
>>No. IBM doesn't even agree that the license *can* be terminated, and again
>>they've said so.
> Of course, I haven't seen the licence (you might well have seen one that's
> equivalent), but the reason SCO gave 100 days notice was because that
> was a term of the licence. Clearly the licence *can* be terminated; the
> question is whether IBM have given cause. SCO say they have; IBM say they
> haven't. I don't know who is right, and frankly, neither does SCO or IBM.
> It won't be until (and unless) this goes to court that anybody knows.
> Just suppose SCO wins. Just suppose IBM continues to distribute AIX in
> the mean time. Having won, it will be clear that IBM have violated SCO's
> copyright. Would you, were you in IBM's legal team, permit that risk?
> The damages would be astronomical, not to mention that the board would
> almost certainly be criminaly negligent (they have a duty of care to
> their shareholders.)
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> Talk at auug.org.au
Adam Donnison email: adam at saki.com.au
Saki Computer Services Pty. Ltd.
93 Kallista-Emerald Road phone: +61 3 9752 1512
THE PATCH VIC 3792 AUSTRALIA fax: +61 3 9752 1098
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