I feel the other thing missing from all this Discourse is, IBM made UNIX. If they want to act all proprietary, why don’t they abandon Linux and return to their own operating system?
That’s right, because of the enormous amount of free labor they get from the open source community.
The issue will have to be litigated, but… A lawyer once told me that there aren’t really “lawsuits” so much as “factsuits.” The actual judgment in a trial comes more down to the facts at issue than the laws at issue. This sure looks an awful lot like IBM strong arming people into not exercising their rights under the license agreement that IBM chose to distribute under. If it is ever litigated, it isn’t hard to imagine the judgment going against IBM.