Robert,
Failing an actual ruling on the alleged copyright ownership or copyright violation; is there a legal precedent anywhere where a ruling was made against the plaintiff based on the likelihood that technological advances could have accounted for the alleged similarities, if any (i.e. between UNX code and portions of the Linux Kernel)?

Robert Lewko wrote:
Shawn, I know you are not a legal expert (maybe I should email this question to Pamela Jones), but it would be good for Linux vendors to have a ruling on both who actually owns the copyright and also whether any code infringes on UNIX. I know everyone says that no infringement has happened, but has that been established in legal framework?

What would have been optimal would have been to have SCO in court and defeated on all charges.



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