SCO vs. Open Source

Anyone who has read the earlier section on standing will quickly recognize the incongruity of the title “SCO vs. Open Source.” SCO is shorthand for The SCO Group, Inc., a Delaware corporation. Open source is a software development, business, and licensing model. Open source does not have standing to be a defendant in a lawsuit. Neither SCO, nor any other plaintiff, can sue an entire movement—particularly one that is so thoroughly grounded in intellectual property and contract law—over any cause of action worth litigating.

As this is written, The SCO Group is a party to several rancorous lawsuits against certain specific software companies, including IBM, Novell, and Red Hat, over intellectual property rights in the flagship ...

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