[glug-t] Linux kernel hacker threatens to sue SCO!

A brave Linux kernel hacker has threatened to sue SCO for having violated the 
GPL.
Heres the letter he sent to the SCO Group.

---------------- LETTER 
----------------------------------------------------------
Sender information:

[snip]

Recipient information:

To: The SCO Group
355 South 520 West
Suite 100
Lindon, Utah 84042 USA

Cc: SCO GmbH
Country Manager: Hans Bayer
Norsk-Data-Strasse 3
61352 Bad Homburg v.d.H

Sent via: E-Mail to licensing@xxxxxxx, cc to infod@xxxxxxx

NOTICE OF COPYRIGHT INFRINGEMENT

[If your are not the correct recipient for such a notice, please forward this 
letter to the appropriate recipient, and send me a notice that I can address 
further mails directly to the appropriate person. Thanks.]

Dear Ladies and Gentlemen,

I've noticed that the FTP server from your company contains the file 
linux-2.4.13-21D.src.rpm (md5 checksum: 73cad7e5db287a962de14109fa126354) in 
the directory /pub/updates/OpenLinux/3.1.1/Workstation/CSSA-2003-020.0/SRPMS/ 
[1].

I'm the co-author and copyright owner of several parts of the source code that 
is contained in that file[2], among them [snip].

According to your press releases [3], the file also contains source code that 
you consider as your own property and that you did not license under the GPL.

I've granted everyone the right to sell, distribute and use my work under the 
condition that they obey the restriction of the GPL. The GPL requires that a 
work that is based on a works that is licensed under the GPL must be put under 
the GPL. I've never authorized any other use of my work.

This means that your distribution of the above given file, and any sale of 
OpenLinux 3.1.1, is not authorized by me and infringes my copyright.

I demand that you immediately cease and desist the distribution of the above 
listed file, and any other work that contains my work.

Additionally, I ask you to provide me with a detailed list that shows the 
amount of unauthorized distribution that happened in the past. As far as I can 
see, this includes at least any logs from your FTP server for the relevant 
directories, and a list of the sales of OpenLinux 3.1.1 and any other product 
that contains my work [4]. I reserve the right to sue you for damages and any 
profits you made by selling my work. Note that my work is not of U.S. origin, 
thus the lack of a formal registration at the USPTO does not bar me from filing 
an infringement suit. I also reserve the right to sue your subsidiary in 
Germany or any other subsidiary.

As an alternative, I'll abstain from suing you for copyright infringement if 
you drop your claims that the source in linux-2.4.13-21D.src.rpm infringes your 
copyright, for example by putting the part that you claim copyright on under 
the GPL. The exact details would have to be discussed [5].

Best regards,
[snip]

[1] i.e. the URL to the file is 
ftp://ftp.sco.com/pub/updates/OpenLinux/3.1.1/Workstation/CSSA-2003-020.0/SRPMS/linux-2.4.13-21D.src.rpm
 I've verified the existance of the file on Sat Jun 14 08:44:15 UTC 2003.

[2] Note that I'm not claiming to be the sole copyright owner, I did a 
significant improvement and partial rewrite of source code written by others.

[3] Among others, the press release titled "SCO Suspends Distribution of Linux 
Pending Intellectual Property Clarification; Announces Greater Focus on UNIX 
and SCOx Strategy".

[4] Virtually all of my contributions to the linux kernel are tagged with 
either my name ([snip]) or the email address [snip]. Thus you can easily 
identify the affected products with a global search on the uncompressed sources 
for these names.

[5] I'm only speaking for myself, I do not know what the other copyright owners 
will do.


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