LinuxQuestions.org - Linux Illegal?

Quote:

Originally posted by vi0lat0r
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And if SCO wins, 25% of the internet will go down, as Linux will be illegal. Plus companies will have to switch to another OS, costing into the millions. If the courts say M$ is a monopoly, then why would they let SCO win? It would increase the monopoly Microsoft curently has!

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Actually, even if SCO "wins" (and I want to emphasize IF), that doesn't mean that they can go after consumers for the Linux source code they are using.

My analogy is that of a selling a Pepsi in a Coke bottle...
If Pepsi sold me a cola in a Coke bottle, complete with Coke label and everything, Coke could not win against me in court for the value of the cola that I paid to Pepsi... It would be Pepsi's responsibility to compensate Coke for that sale. So, SCO claiming that they are entitled to license fees from end users is a falacy, even considering their very weak argument that the GPL shifts the burden onto the consumer. How that would work, I am at a loss, the GPL basically just says that the software is "as is" it doesn't shift the burden of IP ownership testing onto the end consumer...
If that were the case, Pepsi could steal Coke's formula, claim that it is "open source" and put the risk of supplying it back on the drinker... doesn't fly under logic. (You gave it to me and I have to pay TWICE?!?!?, Nope, that turd doesn't float).

On top of that, the Court has the power to find, that as a public policy argument, the open source movement does more good then harm, and limit SCO's damages to money. In the current envirnment, with the enforcement nightmare that would develop, the Court would likely take the stance that the software that has been GPL'd is GPL'd for good, and that if you can prove you own it, you are entitled to $$$ from the source that stuck it in front of the public's eyes.