Correction On Red Hat Injunctive Relief

Tuesday, August 05 2003 @ 12:35 AM EDT

Contributed by: PJ

I had time to read Red Hat's complaint more carefully, and there was an error in what I earlier wrote. The media, in two places that I saw, reported that Red Hat was asking for a preliminary injunction, and that's what I wrote about too, because I didn't at the time have the actual complaint, only media reports. I have corrected what I wrote earlier, but I'm highlighting it here so you won't think you were dreaming.

What I am reading in the actual complaint is that they are asking for a permanent injunction, stopping SCO from saying bad things about Linux, in effect, and several orders, under the Declaratory Judgment Act, declaring that SCO's trade secrets have not been stolen by Red Hat or its customers, and that any such trade secrets claimed to be misappropriated are unenforceable, that Red Hat and their customers aren't guilty of copyright infringement, and that any copyrights are unenforceable, and that the Linux kernel and operating system are public and therefore can't be a trade secret.

Here's the actual wording:

"WHEREFORE, Red Hat respectfully requests:

"A. A permanent injunction restraining SCO and its officers, directors, partners, agents, servants, employees and attorneys, and those persons in active concert or participation with SCO from representing by any means whatsoever, directly or indirectly, or doing any other acts or things calculated or likely to cause confusion, mistake or to deceive purchasers, business partners and/or investors into believing that Red Hat's LINUX products and/or the LINUX products used by Red Hat's customers and partners violates any of SCO's intellectual property or trade secret rights;

"B. Under Count I, a Declaratory Judgment pursuant to 28 U.S.C. Sections 2201 et seq. that Red Hat's and its customers' actions in providing, creating, maintaining, debugging, developing, copying, selling, transferring, installing, operating, or otherwise using any of Red Hat's LINUX products and services do not violate any SCO rights under Section 106 of the Copyright Act, 17 U.S.C. Sections 101 et seq., and a Declaratory Judgment that any SCO copyright claimed to be infringed by Red Hat or its customers in conjunction with any of Red Hat's products is unenforceable;

"C. Under Count II, a Declaratory Judgment pursuant to 28 U.S.C. Sections 2201 et seq. that Red Hat's and its customers' actions in providing, creating, maintaining, debugging, developing, copying, selling, transferring, installing, operating, or otherwise using any of Red Hat's LINUX products and services do not constitute a misappropriation of any SCO trade secret, a Declaratory Judgment that the LINUX kernel and operating system are public and therefore cannot constitute a trade secret; and a Declaratory Judgment that any SCO trade secret claimed to be misappropriated by Red Hat or its customers in conjunction with any of Red Hat's products is unenforceable; . . ."


It then goes on to ask for actual damages, in an amount to be determined at trial, trebled, plus attorneys' fees.

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