By Peter Galli  |  Posted 2004-01-05 Print this article Print

?"> SCOs claim that IBM has failed its contractual obligations on Unix System V hinges on a convoluted interpretation of the principle of derived works, Dion said.

SCO appears to be claiming some kind of copyright ownership on all code, yet the company has admitted that those materials were fully copyrighted by IBM and Silicon Graphics Inc., Dion said.

"Their assertion seems to be that since IBM violated the terms of the Unix System V contract, SCO has some kind of copyrightlike control or ownership of the code," Dion said. "How exactly this tortured chain of logic gets converted into copyright infringement remains unclear."

In addition, Dion pointed out something that has disturbed the open-source community for months: the fact that despite all its claims, SCO has not produced any evidence of actual infringement.

SCO was recently ordered by the U.S. District Court in Utah to produce the source code and other material in Linux to which SCO believes it has the rights and describe exactly how SCO believes that IBM has infringed the companys rights.

"As an open letter to Darl McBride from one single Linux advocate, I ask for only one thing: Just show us the code," said Dion.

Peter Galli has been a financial/technology reporter for 12 years at leading publications in South Africa, the UK and the US. He has been Investment Editor of South Africa's Business Day Newspaper, the sister publication of the Financial Times of London.

He was also Group Financial Communications Manager for First National Bank, the second largest banking group in South Africa before moving on to become Executive News Editor of Business Report, the largest daily financial newspaper in South Africa, owned by the global Independent Newspapers group.

He was responsible for a national reporting team of 20 based in four bureaus. He also edited and contributed to its weekly technology page, and launched a financial and technology radio service supplying daily news bulletins to the national broadcaster, the South African Broadcasting Corporation, which were then distributed to some 50 radio stations across the country.

He was then transferred to San Francisco as Business Report's U.S. Correspondent to cover Silicon Valley, trade and finance between the US, Europe and emerging markets like South Africa. After serving that role for more than two years, he joined eWeek as a Senior Editor, covering software platforms in August 2000.

He has comprehensively covered Microsoft and its Windows and .Net platforms, as well as the many legal challenges it has faced. He has also focused on Sun Microsystems and its Solaris operating environment, Java and Unix offerings. He covers developments in the open source community, particularly around the Linux kernel and the effects it will have on the enterprise.

He has written extensively about new products for the Linux and Unix platforms, the development of open standards and critically looked at the potential Linux has to offer an alternative operating system and platform to Windows, .Net and Unix-based solutions like Solaris.

His interviews with senior industry executives include Microsoft CEO Steve Ballmer, Linus Torvalds, the original developer of the Linux operating system, Sun CEO Scot McNealy, and Bill Zeitler, a senior vice president at IBM.

For numerous examples of his writing you can search under his name at the eWEEK Website at www.eweek.com.


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