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New SCO's goose cooked now.
[link|http://www.groklaw.net/article.php?story=20050809082902461|Erik Hughes Deposition: LKP Did Include Linux Kernel Code]
He confirms that the Linux Kernel Personality did indeed include Linux kernel code, and as a result, both UnixWare 7.1.2 and 7.1.3 included Linux kernel code until May of 2003.

While Hughes testifies that in addition to the obvious candidates (Caldera's Linux distributions), two releases of UnixWare included the Linux kernel in some way, as part of the LKP -- and of course, such inclusion would have to be under the GPL -- yet the question that is left unanswered, tantalizingly, by the deposition is this: in what way was the Linux kernel "included" in LKP? Did the UnixWare kernel somehow make use of the Linux kernel binary? If so, how -- and would the use be intimate enough to have created a "work based on the program" as the GPL puts it? If not, how was the kernel "included"? Was kernel source code reused in the UnixWare kernel, as one anonymous source claimed to eWeek's Peter Galli long ago? We don't have totally firm answers to these questions from this deposition alone, but IBM probably does, and we're definitely getting warmer. And more and more, it looks like SCO's goose is cooked.
Alex

The trouble with the world is that the stupid are cocksure and the intelligent are full of doubt. -- Bertrand Russell
New *chuckle* That goose was done a long time ago
I just wish they'd take it out of the oven and throw it away.
[link|http://www.runningworks.com|
]
Imric's Tips for Living
  • Paranoia Is a Survival Trait
  • Pessimists are never disappointed - but sometimes, if they are very lucky, they can be pleasantly surprised...
  • Even though everyone is out to get you, it doesn't matter unless you let them win.


Nothing is as simple as it seems in the beginning,
As hopeless as it seems in the middle,
Or as finished as it seems in the end.
 
 


New Mixed feelings...
The large part of me says "it's over; move on"
There is a small nasty part of me that wants them with their ass on hot coals for a very long time for the bullshit they instigated because they thought their lawyers were better than an engineering staff. As they say about collapsed beds: "joke 'em if they can't take a fuck."
New Hrm
My wish is that their asses could get parked in prison for a good time as an object lesson for anyone else who tries this.

That, and that the lawsuits would follow the money back to Microsoft and collect some real damages.

Cheers,
Ben
I have come to believe that idealism without discipline is a quick road to disaster, while discipline without idealism is pointless. -- Aaron Ward (my brother)
New Amen to that!
Alex

The trouble with the world is that the stupid are cocksure and the intelligent are full of doubt. -- Bertrand Russell
     SCO's goose cooked now. - (a6l6e6x) - (4)
         *chuckle* That goose was done a long time ago - (imric) - (3)
             Mixed feelings... - (hnick) - (2)
                 Hrm - (ben_tilly) - (1)
                     Amen to that! -NT - (a6l6e6x)

Listen up, you primitive screwheads!
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