Open Season on Open Source

[John Whitfield]

>> ... they aren't trying to win the infringement 
>> case; they are merely after publicity.

> What gain they if Linux code is cleaned before 
> hearings are done?

IANAL, but I believe a plaintiff in a civil suit is required to try and "mitigate damages".  F'rinstance, if you think that a mechanic has not fixed your car properly, you're supposed to get a rental car and have it fixed.  If you keep driving the car until it's completely destroyed, you're not entitled to compensation for the extra damage you could have prevented.

By keeping the code secret, SCO is furthering the damage by allowing their IP to be used without licensing.  There's also the frequently mentioned problem that they continued to distribute the allegedly infringing code under GPL even after they knew that it was there.  The fact that they continued to distribute the code amounts to a tacit agreement for others to do so as well.

But keeping the code secret also strengthens SCOs hand in court.  If they release the code before the case starts, it's going to be written out in short order.  SCO has claimed that it's only their technical skill which allowed Linux to accomplish what it has and that the rank and file of Linux developers are mere amateurs.  Imagine how it will look if those "amateurs" rewrite all that code in a couple of weeks.  It would be awful hard to claim that the code represents $3 billion dollars worth of work.
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