Linux customers should ignore SCO's legal threats until a court decision is reached in its copyright litigation with Novell, according to a paper published by the Open Source Development Labs (OSDL).

The pro-Linux consortium, home to Linux creator Linus Torvalds, published the paper by software copyright expert Professor Eben Moglen of Columbia University.

Professor Moglen said that, by suing Novell, SCO is admitting that its claim to exclusive ownership of the Unix copyright is in doubt.

He argues that no judge would hold an end-user liable for intentionally infringing SCO's rights when SCO itself has cast doubt on what it owns.

"As a result, Linux customers have little incentive to purchase a licence from SCO Group and instead will wait for a final decision on who owns the copyrights as between SCO Group and Novell," said Professor Moglen.

Even once the litigation is resolved, and regardless of who wins, customers will still have the right to use the Linux code in question without purchasing a licence from either SCO Group or Novell, he claimed.

Both SCO and Novell have distributed the Linux code under the General Public Licence (GPL).

"Since the GPL allows licensees to use, modify, copy and distribute the Linux code freely, the results of the litigation will have no effect on those rights," claimed Professor Moglen.

"And customers will have no obligation to purchase another licence from either SCO Group or Novell to ensure those rights."

Stuart Cohen, OSDL chief executive, added in a statement: "We see Linux deployments continuing around the world and many prudent customers are choosing to ignore SCO's legal threats until the courts rule, particularly given SCO's admitted uncertainty about its own rights."

A PDF of the paper can be downloaded here.