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持续 23 年的 Linux 所有权之争暂告段落，Xinuos 上诉被驳回_我的网站

A |      8 月 26 日消息，科技媒体 Tom's Hardware 昨日（8 月 25 日）发布博文，报道称持续约 23 年的 Linux 所有权之争告一段落，长期法律争议正走向终点。美国第二巡回上诉法院于 2026 年 8 月 10 日驳回 Xinuos 的上诉，维持纽约南区联邦地区法院此前的驳回决定。    

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The Chinese Embassy in Thailand on Saturday issued a notice urging Chinese nationals traveling to Thailand for cultural and sports activities to comply with local laws and regulations, respect local customs, familiarize themselves with event rules, and through official channels to safeguard their rights.
The notice came after incidents involving Chinese nationals in Thailand, including an incident in which security personnel at Suvarnabhumi Airport were accused of inappropriate conduct while handling a Chinese passenger who had caused a disturbance and violated security rules.
The Chinese Embassy in Thailand urged Chinese nationals visiting the country for cultural and sports activities to comply with local laws and regulations, respect local customs and traditions, and follow event rules and management requirements.
The embassy called on Chinese visitors to interact with Thai people with respect, goodwill and openness, and to help maintain the long-standing friendship between the two countries under the concept of “China and Thailand  as one family.”
It also advised travelers to familiarize themselves in advance with event regulations, including entry requirements, photography rules and restrictions on items allowed at venues, to avoid disruptions caused by unfamiliarity with local arrangements.
The embassy encouraged Chinese nationals to handle disputes rationally and lawfully, and to seek assistance through official channels, including event organizers, on-site staff, local authorities or Chinese diplomatic missions in Thailand, if their legitimate rights and interests are affected.
Earlier this week, Thailand's Suvarnabhumi Airport has apologized and disciplined security personnel over their inappropriate behavior during their duties to stop a Chinese passenger who caused disturbance and violated security measures. The incident sparked controversy following the denial of boarding to 22 Chinese passengers on a Bangkok-Beijing flight.
In July, the Chinese Embassy in Thailand said that it had urged relevant parties to ascertain the facts as soon as possible and properly handle the incident in which a Chinese national was manhandled by security personnel and escorted out of the venue during a book fair event in Bangkok, Thailand.
The embassy also said on Saturday that exchanges and cooperation between China and Thailand have continued to deepen in recent years, with people-to-people ties becoming increasingly close. It called on Chinese visitors to participate in cultural and sports activities in a civilized, rational and orderly manner, while promoting mutual understanding and friendship between the peoples of the two countries.
Global Times
。法院认定，Xinuos 的诉求已经超过诉讼时效。

B | 虽然 Xinuos 将案件表述为许可条款争议，但法院认为，其核心主张仍是代码所有权问题。援引博文介绍，这起长期法律纠纷的诉讼起点是 2003 年，SCO Group 正式起诉 IBM，指控 IBM 违反保密协议，将 UNIX 专有代码泄露并融入 Linux 中。而事件的源头可以追溯到 1998 年，IBM 与 SCO 等公司展开 Project Monterey 合作，但后来 IBM 转向全面支持 Linux 并在 2001 年退出该项目，埋下了后续版权纠纷的导火索。Project Monterey 目标开发跨硬件架构的统一 UNIX 系统。伴随 Linux 快速崛起，项目价值不断衰减，IBM 转而全力投入 Linux 生态建设。2011 年，Xinuos 收购 SCO 的 UNIX 知识产权与相关业务，接过这场诉讼。2021 年，SCO 相关权益方与 IBM 达成 1,425 万美元（注：现汇率约合 9,600.2 万元人民币）和解；同年 Xinuos 再度发起新诉讼，将 Red Hat 一并列为被告，主张 IBM 违反非独占许可，把 Monterey 项目代码泄露给 Linux 社区。

C | 2022‑2025 年间，纽约南区联邦地区法院驳回 Xinuos 全部主张，Xinuos 随即提起上诉。尽管遭遇重大败诉打击，Xinuos 仍计划申请全院庭审重审。但据 IBM 法务方数据，该类重审申请获批概率仅 0.03%，翻盘希望微乎其微。

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Published on:05:06:56