Jimmy's weblog

Since you are my readers, and I have not been much of a traveller, I will not talk about people a thousand miles off, but come as near home as I can. As the time is short, I will leave out all the flattery, and retain all the criticism. — Henry David Thoreau

SCO targeting Australian users

Thursday March 25, 2004 10:42

SCO Group has begun targeting Australian Linux users in its legal campaign to claim ownership of some code in the open-source operating system.

SCO has engaged lawyers to “contact Linux users” about its controversial Linux licensing scheme, after its US legal counsel reached 1500 of the world’s largest Linux users in May.

More at news.com.au.

Considering that SCO has no verified legal claim to Linux, it seems clear that this action is a groundless threat of legal proceedings as described by the Australian Copyright Act 1968 - SECT 202:

Groundless threats of legal proceedings

(1) Where a person, by means of circulars, advertisements or otherwise, threatens a person with an action or proceeding in respect of an infringement of copyright, then, whether the person making the threats is or is not the owner of the copyright or an exclusive licensee, a person aggrieved may bring an action against the first-mentioned person and may obtain a declaration to the effect that the threats are unjustifiable, and an injunction against the continuance of the threats, and may recover such damages (if any) as he or she has sustained, unless the first-mentioned person satisfies the court that the acts in respect of which the action or proceeding was threatened constituted, or, if done, would constitute, an infringement of copyright.

This entry was posted on Thursday, March 25th, 2004 at 10:06 and is filed under Linux. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

Leave a Reply

XHTML: You can use these tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>