INFRA Signal 168
Appeals court upholds dismissal of Xinuos's Linux ownership claim against IBM and Red Hat
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The Second Circuit upheld the dismissal of Xinuos's Linux ownership claim against IBM and Red Hat, and Xinuos plans to petition for a full-bench re-hearing.
This ruling removes a long-standing legal threat to Linux's ownership, giving engineers and companies clearer ground to build on the kernel. The case's history shows how unresolved licensing disputes can create years of uncertainty for open source projects. Xinuos's re-hearing bid is a long shot, but it keeps a sliver of risk alive.
Written by elseif from the cluster below · every claim links back to a sourceThe three things worth knowing
The Second Circuit agreed with the District Court that Xinuos's claim is invalid and time-barred.
Xinuos framed the issue as a licensing breach, but the court saw it as an ownership question that cannot be re-litigated.
Xinuos intends to file a petition for a full-bench re-hearing, which the Second Circuit grants in less than 0.03% of cases.
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