Open Season on Open Source

[Seth Gordon]

On Tue, 2003-06-17 at 10:10, John Chambers wrote:
> For SCO to keep the alleged infringement  secret  means
> that they aren't trying to win the infringement case; they are merely
> after publicity.

I wonder if this is sufficient reason for IBM to win a motion to dismiss
the case for failure to state a claim, under rule 12(b)(6) of the
Federal Rules of Civil Procedure.  Of course, SCO could file an amended
complaint specifying what parts of what files in the Linux kernel source
tree were allegedly infringing its IP, but that would give the Linux
community time to prepare a more specific defense and/or reimplement the
allegedly-infringing pieces of code.

-- 
"It has been discovered that C++ provides a remarkable facility for
concealing the trival details of a program--such as where its bugs are."
  --David Keppel
// seth gordon // sethg at ropine.com // http://ropine.com/sethg/cv.html //