[olug] I'm one of the nails in SCO coffin...

[Luke -Jr]

On Thursday 23 August 2007, Daniel Pfile wrote:
> "If information relating to a SOFTWARE PRODUCT subject to this Agreement
> at any time becomes available without restriction to the general public
> by acts not attributable to LICENSEE or its employees, LICENSEE'S
> obligations under this section shall not apply to such information after
> such time."

Note it says "available without restriction", not merely "available". I don't 
see AT&T granting a restriction-free license to anyone here.

> When bell labs began getting rid of their old computers with copies of
> the source code on them they made the code available.

But not available without restriction.

> When that happened, the license that the code was under allowed the
> recipients of the code to disclose it. So, disclosure would not be copyright
> infringement.

This is not like the GPL where the license is granted to anyone and everyone. 
*Only* IBM has this license, and if the code were made available without 
restriction, this clause would permit *only* IBM to disclose it.

Of course, for the code to be available to the public "without restriction" 
also implies there is no longer a restriction to not disclose it in 
general... But that has not happened either.