Is SCO guilty of entrapment and harassment?
Entrapment. Does the SCO action constitute a form of entrapment? I have downloaded source from their FTP Web site that is a 2.4 kernel which they say is licensible, but free to download. How can they make available what they say is IP and secret?
Harassment. Does the SCO press/action constitute a form of harassment? I am a software developer/system designer and I feel harassed.
a) Entrapment is a concept only in criminal law and does not apply here. The question is whether they are misrepresenting that the use of the download is free. I don't have any of the details so I can't really comment.
b) I am sorry that you have been so personally affected by all of this; you are not alone, to be sure. I am unaware of any legally recognized claim for harrassment under these circumstances. If SCO knew that you were a developer/designer, that its actions were interfering with your business relationships and that SCO intended to adversely affect those relationships, you might have a claim for intentional interference with economic relations. Such a claim seems like a stretch given what appears in your e-mail.
This was first published in September 2003