The Penguin in Peril: SCO’s Legal Threats to Linux

This thesis reviews the novel licences employed by open source developers. The paper examines how the success of the open source Linux operating system has led to conflict with traditional closed source software firms through the case study of SCO v. IBM, currently before the United States Federal District Court. Apart from exposing weaknesses in open source licensing, the case highlights the need to consider the intellectual property laws governing inputs into software development. The thesis further explores future intellectual property legislation that may forestall open collaboration. It is argued that proponents of such development methods must engage in policy discussions to limit the exclusionary authority of intellectual property licensors, by ensuring broad user rights to protected works.