OFF-TOPIC - The SCO suit
Mahesh T. Pai
paivakil at yahoo.co.in
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.
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
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.
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,
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