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Re: [dvd-discuss] Is SCO Entitled?
- To: dvd-discuss(at)eon.law.harvard.edu
- Subject: Re: [dvd-discuss] Is SCO Entitled?
- From: Glendon Gross <gross(at)xinetd.ath.cx>
- Date: Tue, 12 Aug 2003 08:53:28 -0700 (PDT)
- In-reply-to: <Pine.LNX.4.44.0308121055540.6116-100000@gryphon>
- Reply-to: dvd-discuss(at)eon.law.harvard.edu
- Sender: owner-dvd-discuss(at)eon.law.harvard.edu
As a UNIX and linux enthusiast, I have been following this case with some
buttons pointing to some interesting articles on the subject at the
following URL: http://xinetd.com/index-sco.html
On Tue, 12 Aug 2003, Joshua Stratton wrote:
> Date: Tue, 12 Aug 2003 11:04:18 -0400 (EDT)
> From: Joshua Stratton <email@example.com>
> Reply-To: firstname.lastname@example.org
> To: email@example.com
> Subject: Re: [dvd-discuss] Is SCO Entitled?
> On Tue, 12 Aug 2003, mickey wrote:
> > "SCO has invested hundreds of millions in the development of UNIX and is
> > therefore entitled to a reasonable return on its investment. SCO
> > believes that major portions of the 2.4 and later versions of the Linux
> > kernel are unauthorised derivative works of SCO UNIX IP," it said.
> > This is a root issue in the copyright/patent/secret arena. The belief
> > that one is *entitled* to be paid for their efforts seems to fuel most
> > of these arguments.
> > So, are they entitled? Is that what "incent" was supposed to mean?
> No, they're not entitled. Many investments can turn sour. The mere input
> of capital or labor doesn't intrinsically deserve a reward; if it did,
> maybe the dot com I worked for would not have gone under. There is some
> discussion of the rejection of the sweat of the brow theory in Feist.
> Copyrigt provides an opportunity -- nothing more. Just because Gigli cost
> in the neighborhood of $50 million doesn't mean that we all have to go sit
> through it, wishing we were somewhere else*, just so that it turns a
> Now, if there is infringement, this interferes with the opportunity to
> obtain a reward in the marketplace, AND tends to divert what seems to be a
> likely reward. (after all, if there is piracy, that indicates that someone
> might be interested enough to buy it for real)
> But I do agree that copyrights et al are being wrongly considered as
> strong property rights when that's manifestly inappropriate.
> *For example, the grave.