Quote:
Originally posted by RWiggum
I think the key to shutting their mouth is the fact that they released a Linux distro. Assume that their claim is, in fact, true and the kernel is full of code pulled directly from proprietary "Unix" sources. If they released a Linux distro under the GPL, they essentially blessed the open source release of their "intellectual property". If they did it themselves, they can't exactly go whining that IBM ripped them off.
An analogy - I leave my house unlocked with a sign out front that says "House is open. Take what you like." I come home and everything is gone, but I clearly gave everyone permission to clean me out. Well, I find out that the richest man in town has my throw rug. Simply because he's the deepest pocket around doesn't mean I can sue him for theft. I gave everyone permission to have something.
So, it's irrelevant if their code is in Linux - they gave it away freely, so it doesn't matter how it got in there. Their suit is as stupid as it would be if Richard Stallman sued IBM for using gcc. Like someone else said, they could have done something a decade ago but didn't - because they are waiting on a deep pocket to buy them out.
Another thing that gripes me is their harping on "we own Unix". They act like they rewrote history just by buying out some old trademarks. If I bought the rights to the name "Daimler-Benz" it doesn't mean I could claim I invented the automobile. They got some moldy old licenses and trademarks that have been diluted over the past 35 years, now they're using the recent wave of "intellectual property" publicity to try to cash in on the greed.