Analysis Notes

1. See, e.g., Aymes v. Bonelli, 47 F.3d 23 (2nd Cir. 1995)(prior employee); West Pub. Co. v. Mead Data Cent., Inc., 799 F.2d 1219 (8th Cir. 1986)(in direct competition with plaintiff);
   
2. Vault Corp. v Quaid Software, Ltd., 655 F Supp 750 (E.D. La. 1987)(third party seeking commercial advantage by cracking software); Micro-Sparc, Inc. v Amtype Corp., 592 F.Supp 33 (D. Mass. 1984)(magazine publisher distributed floppy copies).
   
3. Whether "not having to pay for it" is a commercial advantage must collide with the facts in a specific case - many individuals would not choose a proprietary UNIX operating system over a Linux distribution  even if both were costless. That this is so is shown by the relatively weak response to Caldera's earlier "free license" for UnixWare and the equally insignificant numbers of people who take advantage of Sun's "free for personal use" offer regarding Solaris 8. As to repurposing, ProCD, Inc. v. Zeidenberg,  86 F.3d 1447 (7th Cir. 1996) reviewed a shrinkwrap license and found it fit just fine with Copyright.
4. The exclusive rights of the copyright holder are laid out in section 106 of the Copyright Act.  Not all of the rights apply to every kind of work.
5. Figures for the 2.4.20 version; program that calculated these numbers available upon request.
   5.5 Feist Publications, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 361 (1991)
   
6. Fonar Corp. v. Magnetic Resonance Plus, Inc., 920 F.Supp. 508 (S.D.N.Y. 1996)(Deposit of first 25 pages of first "module" and last 25 pages of last "module" of source code of computer software as a single collection was insufficient to entitle copyright holder to usual presumption of validity of registered copyright; holder's mass filing of source code as a single collection without sufficiently identifying materials failed to identify works that were the subject of the copyright.)(emphasis added) See 17 U.S.C.A. § 408(c); Copyright Rules and Regulations, § 202.20(c)(2)(vii)(A), 17 U.S.C.A. foll. § 702. 
7. See Harper & Row Publishers, Inc. v. Nation Enters., 471 U.S. 539 (1985) ( "[N]o author may copyright facts or ideas."); Cooling Sys., 777 F.2d at 491 ("Copyright law never protects the ... ideas contained in published works."); Sid & Marty Krofft, 562 F.2d at 1163 ("It is an axiom of copyright law that the protection granted to a copyrighted work extends only to the particular expression of the idea and never to the idea itself.") (citing Mazer v. Stein, 347 U.S. 201 (1954)).
   Above excerpted from the court's opinion in Frybarger v. International Business Machines Corp.  812 F.2d 525, 529 (9th Cir. 1987)
   
8. For instance, IEEE Standard 1003 for POSIX.  W. Richard Stevens, Advanced Programming in the UNIX Environment, Addison-Wesley Pub Co; 1992, Chapter 2
   
9. Brian W. Kernighan,  The  Practice of Programming, Addison-Wesley Pub Co; 1st edition (February 4, 1999)
10. Publication without notice under the 1976 Act.
    
11. It would be nice to know just which sections of UNIX SCO is claiming were inappropriately incorporated into the Linux kernel source tree; but as of December 8, 2003, that information has not made its way into court filings.
    
12. SCO Press Release, November 19, 2002
    
    12.5 Section 106 of the Copyright Act states in relevant part:

    Subject to sections 107 through 118, the owner of copyright under this title has the exclusive rights to do and authorize any of the following:
    (1) to reproduce the copyrighted work in copies or phonorecords; [and]
    (2) to prepare derivative works based upon the copyrighted work.

    17 U.S.C. § 106 (1994)
    
    
13. For example, Utah State Code adopting the UCC , Section 70A-8-303.
         (1) "Protected purchaser" means a purchaser of a certificated or uncertificated security, or of an interest therein, who:
         (a) gives value;
         (b) does not have notice of any adverse claim to the security; and
         (c) obtains control of the certificated or uncertificated security.
         (2) In addition to acquiring the rights of a purchaser, a protected purchaser also acquires its interest in the security free of any adverse claim.
    
14. The sun rises in the East.