Letter to SCO

Posted on January 20, 2004
Just Sports USA
6261 Varial Ave, Suite C
Woodland Hills, CA 91367

(818) 719-8623

January 21, 2004

Mr. Philip Langer
Regional Director, Intellectual Property
SCO Group South 520 West Suite 100
Lindon, Utah 84042

Dear Mr. Langer

I am writing you in response to your letter dated Janary 19th, 2004 in which you
advised that you would consider legal action if we failed to respond to your
efforts to pursue a licensing arrangement. To date, I have yet to receive any
information concerning our systems and what you allege violates your
intellectual property rights. You have sent me letters that conflict with other
statements made by representatives of the SCO Group concerning SCO's ownership
of UNIX ABI's and their supposed (re)distribution under the GPL in the Linux
kernel.

If you would like to detail directly which of our systems allegedly violate your
copyrights, and specifically which code on said systems allegedly violates said
copyrights, we will be happy to do an internal audit to verify your claims. Once
the results of said audit are complete, we will be more than willing discuss any
pending license issues with you.

Our current understanding of your legal situation is that your organization has
yet to prove your claims of SCO intellectual property being included in the GPL
based Linux kernel software that SCO itself has distributed under the GPL. While
I understand your concerns regarding intellectual property and your desire to
protect SCO's property, at this time the legality and claims concerning SCO's
ownership of code that exists in the 2.4 Linux kernel has yet to be determined
by a court of law. I, speaking for myself, follow with interest SCO Group's
contortions in its lawsuits against Novell and IBM, and its defense against the
lawsuit brought by Red Hat. In my study of the events that have transpired,
it's my understanding that SCO Group has yet to produce any substantive
evidence as to the claims regarding code misappropriation by IBM. I am
requesting the SCO group to provide my organization substantive evidence of
alleged copyright violations so that we may compare the alleged violations for
the purpose of internal audit to determine if any licensing needs do indeed
exist. I do, however, intend to publicly document the results of said audit and
any communication with the SCO Group regarding this matter.

Before you waste any more of my time or yours, please detail exact information
such as the offending lines of code and the kernel versions you contend this
code is in. Alternatively if your organization agrees, we can re-address these
issues after your current lawsuits regarding these issues are finalized.

Sincerely,

Gavin M. Roy
Chief Information Officer
Just Sports USA