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PR Authors: Nina Moon

Article

SCO Lawsuit Has "No Real Merit," Says MontaVista

SCO Lawsuit Has "No Real Merit," Says MontaVista

In a statement posted on its Web site MontaVista Software reassures its customers and partners that it "believes that the lawsuit has no real merit, and so has minimal or no implications for companies developing embedded applications with MontaVista Linux, nor for users and consumers of Linux-based devices."

MontaVista's site goes on to say that SCO's lawyers claim that the GPL is pre-empted by copyright law" is "both a misstatement of law and dangerous path of self-incrimination for SCO."

Among the reasons that projects developing and deploying with the Linux operating system are not at risk, says MontaVista, are that
"SCO has never shown a single instance of copyright infringement by any Linux user, and most people examining the issues believe that no legitimate claims exist." MontaVista also points out that "under U.S. Federal copyright law, end users do not need a license to 'use' copyrighted works." Copying or redistributing copyrighted works can be prohibited, but the right to use is not subject to the control of the copyright holder.

"It is interesting to observe," continues MontaVista, "that SCO has long been distributing the Linux kernel under the GPL: if in fact their current claims were valid, they would be admitting that they are open to perhaps thousands of lawsuits for federal copyright infringement by SCO itself."

MontaVista also pledges to work together with the Open Source community to ensure continued availability of non-infringing Linux code. MontaVista is also establishing "a community of like-minded companies from among its strategic partners and customers to take a public stand against SCO and its attempts to intimidate."

So why did SCO file this lawsuit?, asks MontaVista? "Many in the business and Open Source communities believe that the lawsuit was filed because SCO was otherwise unable to run a profitable business, and that the lawsuit is a thinly veiled attempt to be acquired."
 

More Stories By Linux News Desk

SYS-CON's Linux News Desk gathers stories, analysis, and information from around the Linux world and synthesizes them into an easy to digest format for IT/IS managers and other business decision-makers.

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Most Recent Comments
Lyrics 07/25/04 07:26:58 AM EDT

asdf

Lyrics 02/19/04 10:24:29 PM EST

The fifth estate follows three men as they risk their lives on an illegal 5000 km job pics journey

StickMan 08/30/03 12:16:47 PM EDT

I've made a SCO story Comment-O-Matic for situations like these. Most of the stuff that comes out of it is funny.
Heres the url:

http://www.rageagainst.net/scogenerator.php