[NTLUG:Discuss] SCO, IBM, MS, Linux
David Stokes
david_stokes at yahoo.com
Thu May 29 15:58:06 CDT 2003
--- Tom McDonald <mickeyd at compuclaim.com> wrote:
>
> An important point is being missed, SCO isn't suing for copyright
> infringement, they are suing for breach of contract by IBM for
> revealing trade secrets and proprietory information covered by NDA's.
> (specifically from the Monterey project) All the talk about Unix
> source code being found in Linux is just talk, at least until they
> bring an action like they've implied they would.
Sadly it looks like IBM picked up their UNIX programmers and put them
down in the Linux group to code similar product. That's the type of
intellectual property problem that keeps lawyers in Ferraris, Yachts,
and Rolex watches. Imagine you are a Chemist at Coca-Cola and get hired
to make a similar cola product for a competitor -- how do you prove
that the simular cola formula does not contain 'ideas' that belong to
Coke, even unintentionally. This may be arguing 'angels dancing on
pins' to we bit-pushers but it is the stuff that litigators dream
about.
I have lost programming opportunities for having worked on something
similar or having worked for a competitors project for fear that some
obscure conflict may rise up. Could one of your former bosses object
that some skill/technique/concept you learned in your previous position
is now being used unfairly in your current position? And how much would
it cost you and your employer to prove? Reducing legal exposure is a
big concern today. Even if you are 100% right, how much can you
afford in legal fees.
Now imagine having to explain that you put a something like a spin lock
(a common software tool) in your code that is performs a common
function (like sending a file to a printer) and how what you did is
'really' different than another spin lock based print spooler. Remember
the judge, the lawyers, and the dozen folks who could not get out of
jury duty are not going to be able to peer through lines of code and
make intricate comparisons before returning a verdict.
Sadly this fight will go one for a very long time and cost a whole lot
of money.
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