Behind Red Hats Suit
Turning to Red Hats pre-emptive suit, McBride said he was surprised when that happened. He had talked to Red Hat CEO Matthew Szulik just a few days before that action was filed. The two had talked for a long time over the phone, and Szulik had told McBride he was glad they had talked and were communicating. A few days later they filed suit. "I decided to take my family to Hawaii for a couple of weeks break after all the madness of the last few months. What could happen in early August, I thought. Someone must have tipped IBM and Red Hat off, because no sooner had I left on vacation than they filed suit," he quipped."Users could thus move to another platform with compliant IP, stop using the 2.4 Linux kernel and beyond, pay SCO a license fee to bring them into compliance, or face legal action and possible statutory damages," he said. But Linux vendors like SuSE and Red Hat, as well as IBM, the Free Software Foundation, and the Open Source Development Lab, have all disputed SCOs claims and are telling Linux users that they see no reason for them to pay for a SCO license. But SCOs McBride said that there are two companies he has no intention of going after: Hewlett-Packard Co. and Sun Microsystems Inc. "We have no problems with Sun and HP with regards to infringement as both have honored the conditions of their Unix license contracts and operated within these," he said.
McBride and Sontag also reiterated that SCO had the right to, and would, go after companies using Linux and demand that they correct the problem. The way Linux was set up, all the liabilities rested with the user and not the vendor, they said.