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This can be very damaging for IBM depending on how their contracts with SCO are worded.

Well, the SCO-IBM contract is posted on SCO's site as Exhibit D. The confidentiality clauses are section 3 on pages 11 and 12.

Specifically, 3.04(v) discounts confidentiality requirements for code which is "independently created" by IBM. Also 3.04(iii) discounts confidentiality when the information is "received ... independently from a third party" who has "no obligation of confidentiality to SCO" (which makes ESR's 60 affidavits highly relevent).

Moreover, 3.06 is a "no tainted worker" clause that allows people who have seen the code to use the ideas when they are "residual information mentally retained" provided they don't try to write it down or memorize it verbatim and don't otherwise infringe copyrights or patents.

> Bush didn't qualify his statements then, didnâ(TM)t allow anyone independent to see his evidence and make an independent judgment (supposedly for national security reasons), and even now he is claiming the WMD are sure to be found. He asked us to believe his unsupported accusations, and months later, the evidence that was so clear then is not good enough to help find the WMD now.

Now where did I hear that before?

Here is a link that is still valid to the "Caldera Ancient Unix Software License Agreement" on SCO's website: http://shop.caldera.com/caldera/ancient.html

Here's a bunch of LARGE ISO's that I thought I might download and look at labeled as Skunkware.

Any idea what the hell it is???

ftp://ftp.iso.caldera.com/pub/skunkware

• IBM will supply SCO with AIX enterprise technologies for UnixWare 7. SCO will integrate key AIX technologies into future releases of UnixWare 7. This will be done to enhance the functionality of UnixWare 7, and achieve source code compatibility between AIX and UnixWare before the IA-64 UNIX System is available. This will give ISVs and IT managers a common development platform across PowerPC and IA-32 platforms and a smooth transition to IA-64 environments.

• IBM NUMA-Q (formerly Sequent) will contribute data-center technologies - including its multipathing, partitioning, and clustering technologies - and sell the high-end UnixWare ptx Edition.

• IBM will supply SCO with AIX enterprise technologies for UnixWare 7. SCO will integrate key AIX technologies into future releases of UnixWare 7. This will be done to enhance the functionality of UnixWare 7, and achieve source code compatibility between AIX and UnixWare before the IA-64 UNIX System is available. This will give ISVs and IT managers a common development platform across PowerPC and IA-32 platforms and a smooth transition to IA-64 environments.

• IBM NUMA-Q (formerly Sequent) will contribute data-center technologies - including its multipathing, partitioning, and clustering technologies - and sell the high-end UnixWare ptx Edition.

That brings up a good point. I think these guys may have a plan here.

Check the dates on these and the purchaces of SCOX shortly after 10/11/02 qand 10/14/02. Seems like that could have been shortly after a "un-attended meeting". Hmmm.

SCO is giving Santa Cruz a bad name. Pity

Pretty much any freeware application that runs on Linux will run on Unixware.

Supposing you can get them compile against the aging unixware libraries. Oh yes, you can get get some OSS stuff as precompiled skunkware stuff, but often the chosen compilation options stink, so you end up compiling yourself anyway.

Unixware also has thousands of commercial applications that will run on it. Linux might beat it someday, but not today.

Welcome to 2003. The commercial software we used dropped openserver and unixware support some time ago and suggested customers to upgrade to Linux/Win32.

OK, A great commercial software example: How does one run oracle 9i on unixware? With Linux kernel personality.

Sounds pretty dead when you have to emulate another OS to run the latest version of the most popular commercial database.

Unethical? Hardly. The SCO company officers have a responsibility to the SCO shareholders to protect the company's intellectual property and attempt to make a profit

Distributing FUD is considered unethical. Bring us some evidence, please. If the OSI paper is biased, the SCO lawsuit includes LIES.

âoeThe primary purpose of the GNU organization is to create free software based on valuable commercial software.â

If that and similar claims unethical and immoral, I don't know what is.

SCO has been eyballing the Linux source for years by improving and distributing Linux as well as by adding Linux compatability to Unixware. And now we are soppused to believe that they didn't notice before?

I think you've been too confused by the idiotic "They GPL'd their code when they sold linux", which is probably not true.

Only because they probably don't have any code inserted into Linux. But if they did, it would be under the GPL.

SCO clams that someone from inside IBM inserted their code into Linux

No, they are most definitely NOT claiming this.

They are claiming two things - first that "someone" put their code into Linux.

Second, they are claiming that IBM used "knowledge" of their OS to make Linux better.

The two issues are completely separate.

There are no allegations of code theft against IBM. Their sole complaint is "Linux hackers suck, so the only way that Linux could compete against us is if IBM helped them."

Now, if there really is SCO-owned code in Linux, SCO distributed that code knowingly. They know it's there, they know that the kernel is covered under the GPL, and they are still distributing it.

SCO is implicitly licensing their code under the GPL because they continue to distribute Linux. They must have agreed with the GPL, because nothing else grants them the right to continue distributing it.

even if they had never touched the GPL they still would have had code leakage

True, and thier actions state exactly how much any alleged code is worth to them.

The doctrine of laches says that if an injured party wants to claim damages, they must minimize the damages. Since SCO won't allow anyone to remove the alleged code (they refuse to say what the alleged code is, or where it is), then they are unable to claim injury.

By refusing to tell anyone what the alleged code is, they are effectively saying that any code that might be in the kernel is worthless to them.

Look at the SCO website, and read the graphic in the middle of the page -- "Relax/Worry Free Software." How very telling (or at least amusing).

Laura Didio at least identified some of the code areas: "The claims are not limited to just one area of the Unix System V kernel. SCO claims there are multiple instances of copyright violations. SCO said these include: NUMA (Non Uniform Memory access) a mechanism for enabling large multiprocessing systems, RCU (Read Copy Update) (and) SMP."

As far as NUMA goes, this is clearly aimed at the Monterey project. For a good laugh read the SCO Press Release on Industry Support for Project Monterey

I don't see how SCO can make it's "mutual mistake" (aka the pregnant cow) argument for NUMA. Their SCO Linux 4 datasheet advertises NUMA functionality as a feature of the GPL'd "Linux kernel 2.4.19" and trumps up SCO's Linux expertise and support for this kernel. I really don't see how they can win a trade secret case when they ADVERTISE and SUPPORT the open source release of the secret.

Laura Didio at least identified some of the code areas: "The claims are not limited to just one area of the Unix System V kernel. SCO claims there are multiple instances of copyright violations. SCO said these include: NUMA (Non Uniform Memory access) a mechanism for enabling large multiprocessing systems, RCU (Read Copy Update) (and) SMP."

As far as NUMA goes, this is clearly aimed at the Monterey project. For a good laugh read the SCO Press Release on Industry Support for Project Monterey

I don't see how SCO can make it's "mutual mistake" (aka the pregnant cow) argument for NUMA. Their SCO Linux 4 datasheet advertises NUMA functionality as a feature of the GPL'd "Linux kernel 2.4.19" and trumps up SCO's Linux expertise and support for this kernel. I really don't see how they can win a trade secret case when they ADVERTISE and SUPPORT the open source release of the secret.

Hows this for a hypothetical:

Just suppose that this is how the code got there...

1) when Ray Noorda left Novell, who owned unixware, he took a copy of the unixware code with him.
2) He started the canopy group to make money thwarting Microsoft.
3) The Canopy group and Noorda start/fund Caldera.
4) Through The Canpoy Group, the unixware code (which was later sold to SCO) made its way to Caldera.
5) The Caldera people, wanting to improve and make money selling their one product, Linux, improve it a bit by adding a bit o' Unixware code. ... and the rest is history. Caldera decide to buy unixware (and openserver?) from SCO... change their own name to The SCO Group, get desperate/greedy, forget their own origins, et voila!

Visit this link... intorduces you to some of the characters.

This is my imagination... but it sounds plausible! :)

- DRM

Well, SCO is still not out of cash... aparantly. So, for them to stop, they need to run out first. Since they have to pay for bandwidth... I guess using a little wouldn't hurt. So, got bandwidth? Mad at SCO? Want to learn more about their products and/or hear them talk? Last time they pulled the file when slashdot wanted to know how to administrate their Linux server. This time... Download a 36.6mb ZIP from the SCO Authorized Eduaction Partner program from here (for all you non-English speakers) a 12.9mb Italian OpenLinux manual pdf from here a 10mb Unixware administration pdf from here a 7.9mb mp3 of a Caldera confrence call (May 2002) from here a 4.2mb mp3 of a SCO confrence call from here a 4.5mb vector image of the Caldera logo from here OR a 6.8mb SCO education Linux courseware pdf from here a 128mb iso evaluation of the SCOoffice 'Volution' product from here ***If you want to get these interesting files easier, you can also launch an unspecified number of wget processes. You can even -O /dev/null them if you don't want to use disk space, but still want to download them... 36.6mb: (removing the space in 'zip') wget sco.com/images/pdf/education/SCO_AEP_posterfiles.z ip 12.9mb: wget sco.com/images/pdf/edesktop/edesktop_24_it.pdf 10mb: wget sco.com/images/pdf/aep/UW7NET~1.PDF 7.9mb: wget sco.com/images/pdf/06032002.mp3 4.2mb: wget sco.com/images/pdf/q2.mp3 5.4mb: wget http://www.sco.de/images/pdf/12-11-01.mp3 9mb: wget sco.com/images/pdf/aep/OS5NET~1.PDF 4mb: wget sco.de/images/pdf/unixware/946000000b.pdf And, if you need their entire website for offline viewing... not wanting to waste bandwidth downloading things multiple times: wget -r -l0 http://www.sco.com/

If one takes a look at the insider trading at SCO one can find out that the last insider trader was Bawa Opwinder, Senior Vice President, Engineering and Global Services, who sold 23k shares on 6/5/2003.

Maybe there's a relationship between the moves of this individual, but jumping to conclusions about the motivations of the entire executive team seems jumpy to me.

I personally think they blundered quiet a lot, but they probably guess this suit can have the same effect on them as the antitrust case.

Anyway, the responsible lawer(s) did a lucrative thing by selling this to some individuals who really didn't have a clue what else to do.

I would recommend to wait for IBM to countersue. Any 'cease and decist' letter from SCO would have lead to compliance within minutes or hours, in the case code was actually copied from SCO to Linux.

As all the source code in the Linux kernel states who is the Copyright owner, one or several individuals (or companies) can be held responsible for those 80 (or more to come?) lines. The patents remained with Novel according to their statement, so this is purely a copyright case...
No judge will believe 80 lines of code can be vital for a 'program' this size (linux kernel), and lots of points raised by ERS (and more) come into play as well - in the assumption that SCO really had these lines first.
If SCO thinks IBM wins the most from Linux, why not wait for their reaction on this FUD?

Has anyone looked at the SCOsource page. They include a section of edited qoutes from "Linux Leaders". I say that because they use Stallman who's not really involved with Linux but GNU. The qoutes are all slanted to make Linux developers look like criminals. Now wouldn't this bit a nice sense of cosmic justice if the reverse is actually found to be true.

It's why open source is a grass roots movement. We aim to capture hearts and minds on a fundamental and righteous level. We target the wallet second.

Open source saves the government money. Open source would create more governemnt jobs, by not only keeping existing support personnel, but also by creating openings for developers that would tailor systems to the ever-evolving government technology base and needs. It makes complete sense to switch to open source. Why we don't switch is easy to see: Microsoft gives military politicians plenty of incentive not too.

Britian, France, Japan, Peru, China and Germany are all moving to Linux and open source. Hell, some are even writing up legislation that gives incentives to businesses that do so as well. Why aren't we (the United States)?

PHP is 4 times faster than Java technology 'JSP' (Java server pages).

This tallies because compiled "C" program is 4 times faster than Java.

Moreover, PHP is getting the object oriented features of Java language.

The real usefulness of Java is 'Java applets' which run on client browsers but on the server side you simply use PHP.

PHP is a very lightening fast object oriented scripting language. PHP is 100% written in "C" and there is no virtual machine as in Java. Nothing can beat "C" language ("C" is a language which never dies!!)

(Java is just another language. The PHP project needs millions of Java programmers who can add the Java's language features like inner classes, static, private, protected and others to PHP. PHP already has some of java' features).
Java programmers will really "LOVE" PHP as PHP class is identical to Java's class keyword.

Read the benchmars of Java JSP and PHP. PHP tops in the speed!!

Read the doc here and mirrors at [1], [2], [3], [4].

...distributing it as at 00:26+08 on 09Jun2003. Yes, including full kernel source.

...distributing it as at 00:26+08 on 09Jun2003. Yes, including full kernel source.

"The global demand for Linux-based Internet solutions is not only staggering â" but skyrocketing," said Ralph Yarro, president of the Canopy Group Investment Company. "Major solutions providers are under a great deal of pressure to provide a full range of Linux-based Internet solutions ranging from hand held devices to enterprise level connectivity. Leveraging the strength of Lineo in the embedded market will allow OpenLinux to scale to meet the needs of all business customers."

Got bandwidth? Want to use some of it rather than let it go to waste? Mad at SCO? Want to learn more about their products and/or hear them talk? Last time they pulled the file when slashdot wanted to know how to administrate their Linux server. This time...

Download a 36.6mb ZIP from the SCO Authorized Eduaction Partner program from here

(for all you non-English speakers)
a 12.9mb Italian OpenLinux manual pdf from here

a 10mb Unixware administration pdf from here

a 7.9mb mp3 of a Caldera confrence call (May 2002) from here

a 4.2mb mp3 of a SCO confrence call from here

a 4.5mb vector image of the Caldera logo from here

OR

a 6.8mb SCO education Linux courseware pdf from here

a 128mb iso evaluation of the SCOoffice 'Volution' product from here

***If you want to get these interesting files easier, you can also launch an unspecified number of wget processes. You can even -O /dev/null them if you don't want to use disk space, but still want to download them...

36.6mb: (removing the space in 'zip')
wget sco.com/images/pdf/education/SCO_AEP_posterfiles.z ip

12.9mb:
wget sco.com/images/pdf/edesktop/edesktop_24_it.pdf

10mb:
wget sco.com/images/pdf/aep/UW7NET~1.PDF

7.9mb:
wget sco.com/images/pdf/06032002.mp3

4.2mb:
wget sco.com/images/pdf/q2.mp3

5.4mb:
wget http://www.sco.de/images/pdf/12-11-01.mp3

9mb:
wget sco.com/images/pdf/aep/OS5NET~1.PDF

4mb:
wget sco.de/images/pdf/unixware/946000000b.pdf

And, if you need their entire website for offline viewing... not wanting to waste bandwidth downloading things multiple times:
wget -r -l0 http://www.sco.com/

Well, SCO is *still* not out of cash... aparantly. So, for them to stop, they need to run out first. Since they have to pay for bandwidth... I guess using a little wouldn't hurt. So, got bandwidth? Mad at SCO? Want to learn more about their products and/or hear them talk? Last time they pulled the file when slashdot wanted to know how to administrate their Linux server. This time... Download a 36.6mb ZIP from the SCO Authorized Eduaction Partner program from here (for all you non-English speakers) a 12.9mb Italian OpenLinux manual pdf from here a 10mb Unixware administration pdf from here a 7.9mb mp3 of a Caldera confrence call (May 2002) from here a 4.2mb mp3 of a SCO confrence call from here a 4.5mb vector image of the Caldera logo from here OR a 6.8mb SCO education Linux courseware pdf from here a 128mb iso evaluation of the SCOoffice 'Volution' product from here ***If you want to get these interesting files easier, you can also launch an unspecified number of wget processes. You can even -O /dev/null them if you don't want to use disk space, but still want to download them... 36.6mb: (removing the space in 'zip') wget sco.com/images/pdf/education/SCO_AEP_posterfiles.z ip 12.9mb: wget sco.com/images/pdf/edesktop/edesktop_24_it.pdf 10mb: wget sco.com/images/pdf/aep/UW7NET~1.PDF 7.9mb: wget sco.com/images/pdf/06032002.mp3 4.2mb: wget sco.com/images/pdf/q2.mp3 5.4mb: wget http://www.sco.de/images/pdf/12-11-01.mp3 9mb: wget sco.com/images/pdf/aep/OS5NET~1.PDF 4mb: wget sco.de/images/pdf/unixware/946000000b.pdf And, if you need their entire website for offline viewing... not wanting to waste bandwidth downloading things multiple times: wget -r -l0 http://www.sco.com/

I still prefer to download an evaluation version of their SCOoffice Volution product, weighing in at 128mb, from here.

Or, wget: (removing the space(s))
wget www2.caldera.com/download_files/049-000-001DL/volu tion_manager_1.1_eval.iso -O /dev/null

"...and Caldera claims they don't even own that"

Check out this SCO web page that claims ownership of the whole thing. What a mess.

Well here - have: this then

SCO CEO Darl McBride before and after the law suits?

LS

SCO CEO Darl McBride before and after the law suits?

LS

Sadly, only SCO can tell if there has been any infringment on their closed source code. Novel might give you a copy of system V to play with, but only SCO has their newer code. When you conceal details of your work, no one but you can tell. It's one of those problems with the much less than honest aproach that closed source is.

Let them do it, if there is anything to find you would think they would be happy to display it. There is no valid reason for them to not tell what parts of the kernel are infringing, because Linux is publically published. Let them show us the wonderous efficiency of their closed source auditing system. Sure. Total Bullshit.

The only help this Armarni clad greaser needs is for a reduced roid perscription. That, and someone needs to slap that smirk off his face. It came from marketing. "Sontag has extensive experience in building exceptional corporate teams and lasting strategic alliances " I wonder if he considers sucking Bill Gates dick a strategic alliance?

No shit, posted yesterday: VP Engineering:

Job Description:
Oversee a major part of the organization's product development/engineering functions relating to software development, including software systems development, software applications development, and/or software QA engineering. This position reports directly to the CEO.

Job Responsibilities:

* Directs and coordinates planning and functions, including all phases of design, programming and operations.
* Reviews and evaluates project feasibility.
* Responsible for part of product development/engineering function relating to software development (e.g., applications, software systems, software QA).
* Formulates research and development programs, policies and procedures to maintain the organization's competitive position and profitability.
* Directs and coordinates research and development leading to new or improved products and processes.
* Establishes priorities for research and development projects, and monitors
expenditures and progress toward goals.
* Oversees the development of new product ideas, including the study and evaluation of their potential and practicality.
* Coordinates the initial stages of new product development, as well as modifications or design changes in existing product lines.
* May be responsible for a corporate engineering department or may be the engineering head for a division/group.

Job Requirements:

* Must have excellent verbal and written communications skills with the ability to analyze and solve complex problems. Must have excellent prioritization and organization skills.
* BS degree (MS degree preferred), and at least 7 years work experience in all phases of software development, including directing software engineers and developers.
* Operating Systems background; emphasis on UNIX systems preferred.

Education and/or Experience:
BS degree (MS degree preferred), and at least 7 years work experience in all phases of software development, including directing software engineers and developers.

Check out the SCOsource website
The page includes a FAQ and quotes from Stallman and Perens that "support" SCO's position.

SCO is the owner of the UNIX Operating System Intellectual Property that dates all the way back 1969, when the UNIX System was created at Bell Laboratories. Through a series of mergers and acquisitions, SCO has acquired ownership of the patents, copyrights and core technology associated with the UNIX System

I.e. they're fucked.

Many kudo's to Bruce Perens for his obvious behind the scenes lobbying and to Novell for trying to pamper the community (hope they succeed, they're a cute, insignificant little friendly, furry, huggable company and deserve a profitable niche in todays market).

McBride, Darl C
1799 Vintage Oak Lane
HOLLADAY, UT 84121
801-424-2006

here's his commute - let's memorize his ugly mug so we can treat him to a cream pie soon.

Caldera, Inc. was founded in 1994 by Ransom Love and Bryan Sparks. In 1998, Caldera Systems, Inc. was created to develop Linux-based business solutions. In 2001, Caldera Systems, Inc. acquired the assets of the Server Software Division and Professional Services Division of The Santa Cruz Operation, Inc. (SCO), forming a new company, Caldera International, Inc. In 2002, Caldera changed its name to The SCO Group (Nasdaq: SCOX).

Thanks in advance. Sincerely,

Jack.

Thanks in advance. Sincerely,

Jack.

Novell gave the UNIX trademark the the Open Group when it sold the source code to SCO.

Actually, the Open Group (then X/Open) received the trademark in 1993. SCO bought the AT&T source from Novell in 1995.

There have been several posts from people who are upset with what they say is revisionist history from ESR. However, in at least one place on SCO's History page, they revise history to be the first commercial disributor of a web browser (IXI Mosaic). I have a dated invoice from Netscape Corporation for Navigator Gold which predates this offering. Revisionist, indeed.

4. After a few months comparing the code, they find some that matches. 5. As soon as they find them, they drop their Linux product, and launch a lawsuit.

Except that it looks to me like they're still distributing Linux.

At download login page at SCO, feel free to use the following username and password:

u: jowbloe
p: joeblow

Mods, I think the parent post deserves another bump.

If you want a license for the SCO IP, they have explicitly made the kernel and other utilities available under the GPL here.

It feels pretty good to watch SCO shut down business. ;)

Oops, here

here

And follow up by sending a sales inquiry to the SCO sales team, and expressing your displeasure over their business tactics when they follow up (See #3 in parent above).

Interesting -- despite their claims, SCO is still selling Linux products in their online store.

http://shop.caldera.com/caldera/summary.jsp?collec tion=Software

I can't be the only one who checked, but SCO's linux distro is still available for download from their FTP site at ftp.caldera.com. I just downloaded a copy of the linux kernel source -- when I unpacked it, it said "Linux is distributed under the GNU General Public License" which, among other things, granted me permission to copy, distribute, and modify it. Thanks for the license, SCO!

(not legal advice)

Aparently they are still selling/distributin Linux so they should sue them selves!

Download it here

SCO may claim not to be selling Linux, but their web page says otherwise. Take a look at Buy Me!.

Yet another case of the right hand not knowing what the left hand is doing.

For some reason this link didn't work right.
I tried the following command and it worked like a charm:
wget -r www.caldera.com

is in las vegas, nv, in august 17-19th. there's a link here.

Yeah, it would be a shame if their servers were to be ./ed , wouldn't it?

But /.ing their site, that's another issue althogether.