As the Atheros driver issue continues to simmer on the OpenBSD -misc mailing list and the Linux Kernel mailing list, with debate continuing over when the license of source code can be altered or added to, Eben Moglen made a statement for the Software Freedom Law Center. He began by defending their own actions, "it might be useful to recall the first stage of this process, when OpenBSD developers were accused of misappropriating Atheros code, and SFLC investigated and proved that no such misappropriation had occurred? Wild accusations about our motives are even more silly than they are false." He went on to acknowledge, "we understand that attribution issues are critically important to free software developers; we are accustomed to the strong feelings that are involved in such situations. In the fifteen years I have spent giving free legal help to developers throughout the community, attribution disputes have been, always, the most emotionally charged." He added that the SFLC would be making no further statements until their work on this matter was complete, noting:

"Also, and again for the last time, let me state that SFLC's instructions from its clients are to establish all the facts concerning the development of the current relevant code (which means the painstaking reconstruction of several independent and overlapping lines of development, including forensic reconstruction through line-by-line code reviews where version control system information is not available), as well as to resolve all outstanding legal issues, and to make policy recommendations, if possible, that would result in all projects, under both GPL and ISC, having full access to all code on their preferred terms, on an *ongoing* basis, with full respect for everyone's legal rights. We continue to believe those policy goals are achievable in this situation. The required work has been made more arduous because some people have chosen not to cooperate in good faith. But we will complete the work as soon as we can, and we will, as Mr Garvik says, follow the community's practice of complete publication, so everyone can see all the evidence."

Mark Mitchell commented today on the gcc-announce mailing list that the recent GCC 3.3.1 release [story] includes a new file titled 'README.SCO', expressing outrage at SCO's recent legal actions against the Linux kernel. From the document:

"As all users of GCC will know, SCO has recently made claims concerning alleged copyright infringement by recent versions of the operating system kernel called Linux. SCO has made irresponsible public statements about this supposed copyright infringement without releasing any evidence of the infringement, and has demanded that users of Linux, the kernel most often used with the GNU system, pay for a license. This license is incompatible with the GPL, and in the opinion of the Free Software Foundation such a demand unquestionably violates the GNU General Public License under which the kernel is distributed."

The statement goes on to discuss the possibility of dropping GCC support for the SCO Unix platform in protests, noting however that at this time it would be more of an inconvenience to users than SCO itself, "but we cannot indefinitely continue to ignore the aggression against our community taken by a party that has long profited from the commercial distribution of our programs. We urge users of SCO Unix to make clear to SCO their disapproval of the company's aggression against the free software community." Read on for the full statement, written by Richard Stallman and Eben Moglen.