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Long-Awaited Linux Kernel Update Slated For December Release: Page 4 of 4

He did, however, cite two possible exceptions that might apply to the litigation.

"There was one obscure file system written by a person employed by SCO and Caldera, but he said he developed it on his own time," Morton said, adding the person got his boss' approval via e-mail. "We were quite comfortable with that."

Morton acknowledged that the XFS and JFS file systems, which were originally developed under a Unix license and then ported over to Linux, could be a sticky issue that lawyers can exploit. "SGI did develop it. It could be [SCO] has a legitimate case there, not technically, but on the letter of the law," Morton said.

This article appears courtesy of CRN, www.crn.com, the newspaper for builders of technology solutions.