On Tue, 2003-08-12 at 22:03, João Miguel Neves wrote:
They have been warned about the need to license the allegedly infringinf linux code before distributing (even through cease&desist letters) and they keep distributing it. They have the right to do it, as long as they license the alleged infringing code under the GPL.
Yes, but that assumes they are distributing legally. My point is that in all likelihood, they're not.
Of course they can get slapped down in court, have an injunction put on their distribution and sued for damages, but I don't think they can be forced to re-licence their code under the GPL - I'm sure that's not available as a remedy.
So, the consequence of them distributing Linux would be opening themselves up to legal action, but I don't think it has a bearing on their case against IBM for misappropriation.
It may be the case that they get into trouble for distributing Linux for other reasons - not adequately protecting the code say is misappropriated, for example. But at the end of the day I don't really think the GPL is going to come into it - unless they are found to have been the people who originally placed the code in question into the kernel, which seems highly unlikely.
Cheers,
Alex.