OFF-TOPIC - The SCO suit

Mahesh T. Pai paivakil at
Thu Nov 13 11:41:21 UTC 2003

A  bit off  topic;  but I  guess that  people  on this  list have  the
interest,  resources and  the capacity,  to implement  what I  have in
mind, if it can be done at all.

Please see the following extract from the Indian Copyright Act.

<begin quote>

60. Remedy  in the  case of  groundless threat  of  legal proceedings-
   Where any person claiming to be the owner of copyright in any work,
   by  circulars,  advertisements or  otherwise,  threatens any  other
   person with  any legal  proceedings or liability  in respect  of an
   alleged infringement of the copyright, any person aggrieved thereby
   may,  notwithstanding anything  contained  1[in section  34 of  the
   Specific  Relief Act, 1963  (47 of  1963)] institute  a declaratory
   suit that the alleged infringement to which the threats related was
   not  in fact  an infringement  of any  legal rights  of  the person
   making such threats and may in any such suit-

   (a) Obtain an injunction against the continuance of such threats; and

   (b) Recover such damages, if any,  as he has sustained by reason of
   such threats.

   Provided that  this section  shall not apply  if the  person making
   such  threats,  with due  diligence,  commences  and prosecutes  an
   action for infringement of the copyright claimed by him.

<end quote>

Does not the US law have similar provisions??

Could not any of the copyright  holders to the Linux Kernel sources (I
understand  that  there  are   several,  since  Linus  does  not  seek
assignment)  initiate  appropriate  proceedings against  SCO's  claims
against the several Fortune 500 companies??

Surely, there is  no claim that _every_ file in  the kernel sources is
infringing; so far  as I can understand the  pleadings. But, the claim
for  royalties ( or  whatever against  the fortune  500 cos)  does not
restrict the  claim to  use of the  infringing files. Hence,  the last
paragraph (the proviso) has no application.

There have been enough public statements from SCO's officers to invite
such  litigation. I  am  also aware  that  the owner  of copyright  in
majority of  the files making up  the kernel sources is  at present in
the US .... thus making the job easier ...

  Mahesh T. Pai, LL.M.,                   
  'NANDINI', S. R. M. Road,               
  Ernakulam, Cochin-682018,               
  Kerala, India.                          
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