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SCO Threatens to Press IP Claims on Linux -$99/cpu

Tangential writes "New story on LinuxBusiness week says SCO is about to mount an effort to get all Linux sites to pay a per cpu license for so-called patent violations."SCO has been proposing to charge users $96 per CPU for a so-called one-time System 5 for Linux software license to protect their systems from SCO-enforced patent issues if they ante up as soon as demand is made." They've retained David Boies (DOJ prosecutor of Microsoft) to handle the legal issues." Note: I've been unable to substantiate this - which are fairly incendiary claims. Further updates as more is heard.

530 comments

  1. My date my be set wrong.. by metacosm · · Score: 5, Funny

    I had no idea it was April 1st. But judging from the last 2 slashdot stories, it must be. This one and the "Science Project Quadruples Surfing Speed". Yikes!

    1. Re:My date my be set wrong.. by Anonymous Coward · · Score: 0

      The patents in question are probably all about speeding up web-browsing on 56k modems.

    2. Re:My date my be set wrong.. by Anonymous Coward · · Score: 0

      Didn`t you get that IETF mail last april?

      Topic: RE: 1 april (aka "april fools day") moved to january due to internet cleaning day
      from: AC@ietf.org
      to:

      DO NOT CONNECT TO THE INTERNET FROM 12:01 AM GMT ON APR. 1 TO 12:01 AM GMT, APR. 2 !!

      *** Attention ***

      It's that time again!

      As many of you know, each year the Internet must be shut down for 24 hours in order to allow us to clean it. The cleaning process, which eliminates dead email, inactive ftp and www sites, and empty USENET groups, allows for a better working and faster Internet.

      This year, the cleaning process will take place from 12:01 a.m. GMT on April 1 until 12:01 a.m. GMT on April 2 (the time least likely to interfere with ongoing work). During that 24-hour period, five powerful Internet search engines situated around the world will search the Internet and delete any data that they find.

      In order to protect your valuable data from deletion we ask that you do the following:

      1. Disconnect all terminals and local area networks from their Internet connections.

      2. Shut down all Internet servers, or disconnect them from the Internet.

      3. Disconnect all disks and hard drives from any connections to the Internet.

      4. Refrain from connecting any computer to the Internet in any way.

      We understand the inconvenience that this may cause some Internet users, and we apologize. However, we are certain that any inconveniences will be more than made up for by the increased speed and efficiency of the Internet, once it has been cleared of electronic flotsam and jetsam.

      Side note: delay your april first jokes until 13-01-2001, this is a low usage day (as measured on core routers) and the increased traffic will not couse any inconveniance this day, so mark in your agendas, april 1st internet cleaning day, january 13 arpil fools day!

      We thank you for your cooperation.

      Kim Dereksen
      Interconnected Network Maintenance staff,
      Main branch,
      Massachusetts Institute of Technology

      Sysops and others: Since the last Internet cleaning, the number of Internet users has grown dramatically. Please assist us in alerting the public of the upcoming Internet cleaning by posting this message where your users will be able to read it. Please pass this message on to other sysops and Internet users as well.

      Hint: if your users are used to AOL level service, try setting you SNTP server to april 1st

      Thank you.

    3. Re:My date my be set wrong.. by swordboy · · Score: 5, Funny

      "They've retained David Boies (DOJ prosecutor of Microsoft) to handle the legal issues."

      This should read:

      "They've retrained David Boies (DOJ prosecutor of Microsoft) to handle the legal issues."

      Only in the US!

      --

      Life is the leading cause of death in America.
    4. Re:My date my be set wrong.. by Zemran · · Score: 2

      You have to wade a long way into the article before it says :- "It is unclear whether the alleged IP is unassailable and that valid patents or copyrights actually exist or that the Unix libraries are actually in Linux. Reportedly there has been a lot of patent research going on in the Linux community lately and there are supposedly serious doubts SCO has much of anything."

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
  2. hope its not true... by Anonymous Coward · · Score: 0

    Cuz if it is its just another example of an inferior quality product and its company making money however they can.... no one is buying their software so lets pretend they already are....

  3. of course by wayward_son · · Score: 2, Interesting

    I have linux running on computers that cost less than $96.

    One of the main reasons I use linux is the free beer aspect.

    1. Re:of course by terrencefw · · Score: 2, Informative
      I have linux running on computers that cost less than $96.

      I think that one reason we like linux so much is that it'll run of computers costing less than $0.96!

      --
      Like tinyurl, but one letter less! http://qurl.co.uk/
    2. Re:of course by Ponty · · Score: 3, Funny

      If you steal them, they don't cost anything.

    3. Re:of course by cioxx · · Score: 3, Funny

      Didn't your momma ever teach you - when committing theft, always reach for the 17" Powerbook first?

    4. Re:of course by Anonymous Coward · · Score: 0, Funny

      The linux community has a long and sad history of abusing IP property rights. I'm glad that for this. Next I would like to see a $75(USD) fee for Xwindows implementations.

    5. Re:of course by Ponty · · Score: 2

      And get "Apple Product Specialist" Bubba the Wrench showing you the niceties of Apple's, um, product placement? Maybe if you distract the guards...

    6. Re:of course by Anonymous Coward · · Score: 1, Insightful

      As a newbie to Linux coming from The Beast - even paying $96 is cheap compared to the hundreds, possibly even thousands I've paid to Redmond over the years.....

    7. Re:of course by edbarrett · · Score: 1

      The local Mac shop got all their powerbooks stolen last week. Of course, this is the same place that had a TiBook stolen the week after they came out because everyone's too busy surfing for porn in the back...

  4. New SCO Publication... by Spit · · Score: 5, Funny

    How to win friends and influence people.

    --
    POKE 36879,8
    1. Re:New SCO Publication... by KDan · · Score: 1

      Well, if they're trying to win friends at Microsoft and influence linux people to dislike them violently, that would be a good method :-P

      Daniel

      --
      Carpe Diem
    2. Re:New SCO Publication... by gi-tux · · Score: 2

      Weren't they started by Microsoft many years ago when Microsoft wanted out of the Xenix business. I know if you boot SCO Unix, you see quite a few Microsoft listings in the copyright statements.

      Is it possible that they have learned from their parent? Or (no I am not a conspiracy type usually) that Microsoft called on them to help? It would be to the benefit of both companies for Linux to be gone. Then they could get back to charging way too much for way too little.

      --
      I have no sig, does anyone have one to spare?
    3. Re:New SCO Publication... by falonaj · · Score: 1
      It would be to the benefit of both companies for Linux to be gone.

      If there wasn't the fact that SCO was bought by a Linux company, and that a Linux company using patents against Linux is like a gun owner commiting suicide, I would maybe agree with you.

      The article quotes SCO with saying that they will not use the patents against Linux, only against other operation systems. Do you guess the reason for that?

      It's called SCO Linux.

    4. Re:New SCO Publication... by Citizen+of+Earth · · Score: 2

      POKE 36879,8

      Fade to black.

    5. Re:New SCO Publication... by Anonymous Coward · · Score: 0

      They typo'ed on the requirements. The copy the writers worked on was titled "How to Bin Friends and Flatulance People"

  5. This would be a 180 to previous behavior by carlhirsch · · Score: 5, Interesting

    SCO, after it's buyout from Caldera and then becoming SCO again, has generally behaved favorably towards Linux and the Linux community, even to the point of incorporating Linux functionality into Caldera/SCO Open Unix 8 through a Linux Kernel layer. If SCO's business model has previously included making money off Linux, it would be an act of either desperation or spite to suddenly demand royalties.

    Also, isn't SCO still owned by Caldera, and SCO in name only?

    --
    . We've got computers, we're tapping phone lines, you know that ain't allowed - Talking Heads, "Life During Wartime"
    1. Re:This would be a 180 to previous behavior by stefpe · · Score: 5, Insightful

      You call "incorporating Linux functionality into Caldera/SCO OS8" favorable towards the Linux community? Me, I would call that survival instincts...
      Yeah, SCO used to be the leading x86 UNIX vendor and yeah, they USED to be extremely arrogant towards Linux, calling it a toy OS, etc. But I think they got pretty scared when all their ISVs started moving their software to Linux. (NOTE: I'm talking ISVs who used to target SCO systems.)
      So like, what else can they do? They're dead without the applications. Making their OS run Linux apps might be their only way out. Run the Linux apps and sell on the "flexible" licensing and superior clustering (Compaq NonStop clusters.. which is being ported to Linux. Running on Unixware, it was the worst piece of shit I've ever seen though I've no idea whose fault that was)

    2. Re:This would be a 180 to previous behavior by Zeinfeld · · Score: 5, Interesting
      If SCO's business model has previously included making money off Linux, it would be an act of either desperation or spite to suddenly demand royalties.

      Or they have hired a jerk as IP counsel. There are law firms that will mindlessly extract value from an IP portfolio on your behalf for a cut of the profits.

      There are two issues that would appear relevant here. First is whether there might be a question of detrimental reliance. Having failled to enforce the rights now asserted for so long have the rights become unenforceable? While patents are not like trademarks and lack of enforcement does not necessarily lead to loss, there are circumstances where it can.

      The more interesting issue is the question of which of the SCO patents have expired and which are enforceable in the first place. There is very little in UNIX that is innovative. Most of the design is simply a stripped down version on MULTICS. While simplifying a system is often the key to commercial success it does not win any patents.

      Furthermore Linux and BSD are derrived from the original UNIX of 20, 25 years ago rather than the reworked System 5 version. The system 5 release was the first time AT&T applied singificant development resources to UNIX, up until then they had simply been content to sit and collect their royalty checks.

      The problem for the Linux community is that defending a patent suit, even a completely frivolous one will cost in the region of $2 million.

      Finaly, we can do without the knee jerk anti-Microsoft reaction to every Linux story. Microsoft has played the patent game defensively.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    3. Re:This would be a 180 to previous behavior by rppp01 · · Score: 4, Interesting

      How about making a system that is decently reliable? Making their OS run linux apps won't help if they continue to generate a wannabe unix OS.
      I mean, try changing the IP, or Time Zone in SCO.....then reboot to make it stick. What is this, Win9x?
      Fact is, SCO should be going the way of the dinosaur. I'd rather run linux and all it's shortcomings than SCO on my servers. Get 1 distro, stick with it, and you are usually gonna be alright.
      I support a few 100 sco boxes, and I hate having to reboot the system because of this, or that. The linux boxes are sound with no trouble at all.

      --
      They stuck me in an institution, said it was the only solution, to...protect me from the enemy, myself
    4. Re:This would be a 180 to previous behavior by silas_moeckel · · Score: 5, Interesting

      Hold the phone SCO was part of a company the distributed Linux for free correct? If this is true how can they claim pattent infringement on something they gave out for free under the GPL? It's one thing to say thats an infinging work pay me but it's another to have one part of the company releasing it for free under the GPL then get spun off and claim it's yours again.

      Now granted they can claim infringement on anything but it's another thing alltogether to distribute infinging work then claim it's infringing. I shouldent be able to pattent something release it for free under a liscence then go and sue for infringement as I did give out that code.

      --
      No sir I dont like it.
    5. Re:This would be a 180 to previous behavior by Anonymous Coward · · Score: 0

      There is very little in UNIX that is innovative.

      s/little/much/

      now a better question is who owned the innovations, and whether they all took place in the 60s and 70s and are expired patent-wise

    6. Re:This would be a 180 to previous behavior by User8201 · · Score: 2, Informative
      I think that they are threatening to do this and won't actually do it, with the hope that some people will pay in advance for fear that they'd just have to pay later anyway.

      They wouldn't risk actually filing a lawsuit because they could lose if they did that. It's better to pretend to be going to file a lawsuit, e.g. to threaten to sue. They will threaten people, saying pay or else - and for those who refuse to pay, SCO will offer to settle for just $1.00 rather than risk losing in court.

      It's a pretty standard legal technique.

    7. Re:This would be a 180 to previous behavior by Zeinfeld · · Score: 2
      s/little/much/

      Have you ever used Multics? Name a feature of UNIX that is not in a previous system.

      The principal 'innovation' of UNIX was treating every device without exception as being a part of the file system. As with the other innovation of the SUID there has been much debate since as to whether they are such great ideas.

      Structureless file systems existed before UNIX. Here again the argument is somewhat fuzzy, VMS supports all the file types of UNIX and in addition supports ISAM structured files. You can argue whether or not this is a good thing, but you certainly can't get a patent for doing half of what previous systems did.

      UNIX is an integration exercise, not an innovation exercise. As such there is very little that is going to be innovative in a patentable sense. The explicit aim was to strip MULTICS back so that it became small enough that it could actually be used as an O/S on the hardware of the day.

      AT&T regarded UNIX as a research project and put practically no resources into it until long after it had been adopted by Sun. That is why practically all the commercial UNIX O/S were the BSD variety until the 90s.

      UNIX is only one rather small component of Linux. The majority of the code is layered applications such as X-Windows that have no connection to the AT&T code base and not that much to UNIX. X-Windows has always run on other O/S such as VMS.

      If you take out the layered applications you are left with the kernel, the shell and mostly a lot of dreck that could be cleaned out without most people noticing. When was the last time you played a UNIX console game?

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    8. Re:This would be a 180 to previous behavior by leshert · · Score: 2

      You seem to be confused about the difference between releasing code under the GPL and granting license to patented inventions.

      I can patent a software invention, write some code that shows how to implement the patented invention, and distribute that for free. That doesn't mean that I have given up my rights to the patent; quite the contrary, that's the whole point of the patent system.

      The argument for the patent system is that it lets inventors make the workings of an invention known, in order that others may use it under license. Without the patent system, inventors have to keep their inventions as trade secrets, meaning that they can't license the invention easily without giving up their rights to the invention.

      Now, that's the theory. I don't think that anyone would disagree that the patent system is used, abused, and generally twisted 180 degrees from the way it's supposed to work. But you assertion that giving away code that implements patents equates to free licensing of the patent is just incorrect.

      Naturally, I'm no lawyer, so if any lawyers or proto-lawyers out there know better, please correct me...

    9. Re:This would be a 180 to previous behavior by leviramsey · · Score: 2

      You are correct on one small point (that there is no necessary connection between the GPL and patents). However, you demonstrate yourself to be uninformed by stating that there is no connection. According to the GPL, if one distributes patented software under the GPL, you are required to grant a free license to everyone who uses that piece of software.

    10. Re:This would be a 180 to previous behavior by Anonymous Coward · · Score: 0

      Name a feature of UNIX that is not in a previous system.

      Pipes? I'm not aware that pipes were available in the original releases of MULTICS. Although as I wasn't there (Nobody saw me, you can't prove anything!) I can't say for certain...

    11. Re:This would be a 180 to previous behavior by catfood · · Score: 2

      But SCO is not bound by the GPL on software it created, even when the same software is licensed to others using GPL.

    12. Re:This would be a 180 to previous behavior by PurpleBob · · Score: 2

      I don't believe that Caldera has ever done anything significantly favorable toward Linux.

      They jumped on the bandwagon with the "1. Sell Linux / 3. PROFIT!" mentality, and since then they've made these "contributions": a broken version of RPM; a configuration system that didn't work; a non-downloadable upgrade to their flawed 2.2 distro; per-seat licensing; and, of course, buying a proprietary Unix vendor.

      Their CEO tries hard to sound like a good guy, but he doesn't get it.

      It looks like now they've discovered that the community has no respect for them, so they've decided to turn against the community instead. But they're doing it under the SCO name so that we might not realize it's our old buddy Caldera betraying us.

      --
      Win dain a lotica, en vai tu ri silota
    13. Re:This would be a 180 to previous behavior by silas_moeckel · · Score: 2

      I understand this about patents but this would seem to be a special case if my previous premis is true. SCO was part of a company that released a free version of windows along with a commercial verion per the GPL. Now my question is how SCO can claim infringment on something they gave away for free per the GPL. It dosent seem to matter wether or not they wrote it but rather that they distributed it for free under the GPL code that infringed on there patent that to me and I'm not a lawyer would seem to be giving it implicit permission effectivly giving up there rights tot he patented material at least as it pertains to Linux now if somebody else uses that material outside of linux then it would seem to be questionable. pretty much my line of logic is they gave a free liscence in perpituity to the Linux movement when they released for free the infringing code.

      --
      No sir I dont like it.
    14. Re:This would be a 180 to previous behavior by leviramsey · · Score: 2

      That is true. However, SCO (Caldera) has distributed the software under the GPL.

    15. Re:This would be a 180 to previous behavior by leshert · · Score: 2

      Because the GPL doesn't directly address patents by the first party (only patent restrictions placed upon licensees), I fear that a good lawyer could argue that license to use, modify and distribute a copyrighted document (the source code) doesn't take away from the patent rights of the first party.

      rms has indicated that an FSF lawyer has opined that the GPL in its current form forces an implicit licensing of the patent, but there is no language in the GPL that makes this explicit. (Don't quote me the preamble; that's non-normative).

      That's why some folks have proposed adding this language to the GPL.

    16. Re:This would be a 180 to previous behavior by Gojira+Shipi-Taro · · Score: 2

      That is called Barratry. That's a fraudulent act and would be grounds for disbarrment for any attourney that participated in it. Look it up, and next time a company tries that tactic on YOU, take the bread and butter away from their attourney permantly. Then sue the living piss out of them.

      --
      "Oh my God. This is terrible. This is the end of my Presidency. I'm fucked."; ~ Donald J. Trump
  6. This is... by Jaysyn · · Score: 1

    ...simple blackmail.

    How does core Unix IP have anything to do with Linux?

    Jaysyn

    --
    There is a war going on for your mind.
    1. Re:This is... by Anonymous Coward · · Score: 0

      blackmail
      n.
      1.a. Extortion of money or something else of value from a person by the threat of exposing a criminal act or discreditable information.
      1.b. Something of value extorted in this manner.
      2. Tribute formerly paid to freebooters along the Scottish border for protection from pillage.

    2. Re:This is... by Jaysyn · · Score: 1

      umm.. thanks?

      Jaysyn

      --
      There is a war going on for your mind.
    3. Re:This is... by Anonymous Coward · · Score: 0

      In what way is what SCO is (supposedly) doing blackmail?

    4. Re:This is... by banzai51 · · Score: 1

      haha, I love your sig. That's the exact same thing I thought of when I saw Hugo Weaving playing Elrond.

    5. Re:This is... by Anonymous Coward · · Score: 0


      Because patents apply to concepts, not implementations. Linux is just a re-implementation of unix.

      As for blackmail... how is defending ones IP blackmail?

      They could just go all out and sue.

      The option you've been given is much "nicer" that that.

    6. Re:This is... by Anonymous Coward · · Score: 0

      *sigh*

      Obviously from context, the poster meant "blackmail" as a colloquial synomym for "extortion," i.e. "to obtain money by coercion or intimidation."

      Or perhaps it was a metaphor, likening SCO's actions to those of Scottish pirates.

      "Human conversation" != "Precise machine code"

    7. Re:This is... by Anonymous Coward · · Score: 0

      That's the point of all this... It is NOT logical.

      If you read further than this snippit above, you'll find that they are targetting Linux users who use certain libraries from SCO to run other apps. Not Linux users in general. If they tried something like this against Linux users/distros in general, they would be cremated and left to blow away.

  7. Better Idea by oliverthered · · Score: 3, Interesting

    That 5% of the cost of linux per CPU, that should be easy for most people to pay.

    Doesn't the use it or loose it rule apply anyhow, Linux has been out for ages, the source codes there for anyone to look at. SCO should have cried wolf a long time ago, they have no excuse.

    --
    thank God the internet isn't a human right.
    1. Re:Better Idea by J.+J.+Ramsey · · Score: 3, Informative

      "Doesn't the use it or loose it rule apply anyhow, Linux has been out for ages, the source codes there for anyone to look at. SCO should have cried wolf a long time ago, they have no excuse."

      "Use it or lose it" only officially applies to trademarks.

    2. Re:Better Idea by oliverthered · · Score: 1

      hmm.. I think there are simila rules for patents, about alowing a product that you know violates you patent to gain a high market share and then taking them down with you patent.

      It would be nice to a judge to say 5% of purchase price as a settlement and see SCO get nothing.

      --
      thank God the internet isn't a human right.
    3. Re:Better Idea by afidel · · Score: 2

      The only thing use it or lose it about patents is that if you know of an infringement and do not press it you lose the ability to gain past damages, but you may still get injunction relief and future damages.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    4. Re:Better Idea by Dr.+Evil · · Score: 2

      5% still breaks the GPL's patent encumbrument clause (Section 7):

      If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

      Which means that if this holds, Linux can no longer be distrubuted. Period.

    5. Re:Better Idea by platypus · · Score: 3, Informative

      hmm.. I think there are simila rules for patents, about alowing a product that you know violates you patent to gain a high market share and then taking them down with you patent.

      Three words and an url

      unisys gif patent

      http://www.google.com

      Combine in a sensible way, and you see you might be wrong.

    6. Re:Better Idea by oliverthered · · Score: 1

      Linux can no longer be distrubuted.. in the US.

      currently soft patents don't apply where I live so I can still dittribute Linux.

      you can work around by, releasing a US version of Linux and holding a patch on a friendly non US server (that blocks california)

      --
      thank God the internet isn't a human right.
    7. Re:Better Idea by Anonymous Coward · · Score: 0

      I can't remember the last time I saw a gif, except maybe in a PDF document.

    8. Re:Better Idea by platypus · · Score: 2

      I can't remember the last time I saw a gif, except maybe in a PDF document.

      LOL, then you must have images turned off while browsing slashdot.
      Hint, begin at the top at look at all images you encounter.

    9. Re:Better Idea by Dr.+Evil · · Score: 2

      Hmm... Quite right, but could you distribute it to the U.S. if the recipient of the software were forced to pay a royalty?

      Something else which is a little odd about that clause... I realized it after posting it. Does the (alleged) royalty apply to distribution or to usage?

      It seems absurd of the GPL to state "distribution" since as far as I know, patents and royalties apply to usage. Nobody can charge royalties for distribution of an invention. Unless the invention itself is a distrubtion method and is being used in the process.

    10. Re:Better Idea by Bishop · · Score: 3, Informative

      There are no "use it or lose it" type laws for US patents[1]. However a judge has ruled against Rambus for participateing in the design of the PCxxx SDRAM specs and then later asking for royalty payments. The issue in this case is that Rambus had agreed to participate in "good faith." Sneaking in some patents was not in good faith. The ruleing was based largely on the "good faith" clause, not on the validity of the Rambus patents. As part of the settlement the judge ruled that Rambus could not enforce its patents specifically against makers of PCxxxx SDRAM and DDRSDRAM. Rambus has not lost its patents. Rather, companies have been giving a royalty free right to use those patents specifically when making ram that follows the PCxxxx spec.

      This is the "submarine patent" issue. Unknown patents that exist and have not been enforced, but are still valid.

      [1]Patents laws in other countries may be different.

    11. Re:Better Idea by oliverthered · · Score: 2, Insightful

      Well you get into the old agrument between pushing content and pulling content.

      Distribution is important in the GPL, because it ensures that the publishers are responsible. It's like you children being refused entry to a porn movie. (though I don't beleive that children are affected, not unless it's a daily brainwash)

      --
      thank God the internet isn't a human right.
    12. Re:Better Idea by Anonymous Coward · · Score: 0

      Wouldn't they have to tear out all GPL/LGPL code from their products if they did this? I seem to remember a termination clause in the GNU licenses having to do with patents.

    13. Re:Better Idea by oliverthered · · Score: 1

      hmm... I see, why isnt /. using PNG or JPEG , the images don't look suited to GIF.

      --
      thank God the internet isn't a human right.
    14. Re:Better Idea by Anonymous Coward · · Score: 0

      unisys gif patent

      I don't know what you mean about a "high marketshare", but everyone knew about the Unisys patent loooong before the WWW was invented.

      In short, people knew about the patent and used it as a core technology anyway.

    15. Re:Better Idea by homer_ca · · Score: 2

      More importantly, Caldera/SCO can no longer distribute Linux (in the US or whereever they assert a patent claim). They are not the original authors (except for their own contributions to the kernel), and as such they only have rights to distribute the software through the GPL. You'd think they must know this. If not somebody should explain.

    16. Re:Better Idea by stephanruby · · Score: 1
      hmm... I see, why isnt /. using PNG or JPEG , the images don't look suited to GIF.

      Don't quote me on that, but I think GIFs are for graphics/drawings with less pixel variations and png/jpeg are for photographs with lots of details. Anyway, that's what I remember. I guess I could go look it up, but I am to lazy to do so right now.

  8. "Ransom" Love, indeed by 1010011010 · · Score: 5, Funny


    "Ransom" Love, indeed

    --
    Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    1. Re:"Ransom" Love, indeed by cdrudge · · Score: 5, Funny

      Ransom is no longer a part of SCO or Caldera anymore and hasn't been for some time. He left shortly after UnitedLinux came into being. Apparently he appointed himself as the omnipotent ruler and spokesman of UnitedLinux without the input of any of the others. Because of this, he was quickly replaced with some lady who's name escapes me. Last I heard he was writing an autobiography or something called For The Love Of It.

    2. Re:"Ransom" Love, indeed by Anonymous Coward · · Score: 0

      I was on the UnitedLinux announcement conference call, and someone asked about Ransom Love. The answer was that he was not part of UniteLinux, and never had been. My boss turned to me and said, "we have always been at war with Eurasia." I laughed.

  9. Would patent still be applicable ? by RyoSaeba · · Score: 2, Interesting

    IANAL (not even US citizen, for that matter), but don't patents need to be applied / enforced right away ? I mean, it's probably been years since those (thought-to-be) patent-violating codes are being used, so doesn't SCO lose its rights to the patent for not having sued earlier ?

    --
    Tsuyoikoto ha taisetsu da ne, dakedo namida mo hitsuyousa (Strength is an important thing, but tears too are necessary)
    1. Re:Would patent still be applicable ? by Anonymous Coward · · Score: 0

      No, once again slashdotters have confused trademark law with patent law.

    2. Re:Would patent still be applicable ? by mbone · · Score: 3, Insightful

      No - you may be thinking about trademarks.

      Don't use a trademark or object to an infringing use that you knew of and you might lose it.

      This is not true for patents.

    3. Re:Would patent still be applicable ? by crizh · · Score: 1

      So what is the duration of a patent in the US?

      And how long has it been since the patents in question were granted?

      --
      Trust The Computer, The Computer is your friend.
    4. Re:Would patent still be applicable ? by mark_lybarger · · Score: 1

      i'm not sure, but it seems the gif patent holders waited quite a while before enforcing their patent. same for mp3's (finally redHat isn't distrubuting mp3 software, i guess debian won't either?).

    5. Re:Would patent still be applicable ? by SoftwareJanitor · · Score: 2

      I believe that in the US, patents are valid for 17 years after the date they are granted. In many cases there is a significant delay between the time a patent is applied for and when it is granted. And in most cases there is a significant delay between when an 'innovation' occurs and when a patent is applied for. If memory serves, it is possible to wait up to 1 year from the time you publish/produce and when you apply for a patent under current law. I also think it may be possible to sue for prior damages even if a patent has expired.

    6. Re:Would patent still be applicable ? by afidel · · Score: 2

      While that use to be the case and would be the case for any applicable patents in this case current patent law has been reformed to get around the perpetually extended patent application problem. Current patents start the clock when they are applied for not granted, they also extended the coverage of patents by a year or two to make up for the usual delay in the patent process, basically it does nothing to the vast majority of patents but it keeps those who want to abuse the patent process away. Another change that occoured at the same time is that patents are now viewable when they are applied for, not just when they are granted, this allows further transparancy in the patent process and is a good move for quickly moving fields because you no longer have a year where you could be throwing money into a project that will be covered by a competitors patents.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  10. Duh! by SleezyG · · Score: 5, Informative

    GNU is not Unix.
    Linux is a "Unix-like" operating system. Anyone who has ever done system programming for a Linux system could tell you that although it is close to the SVR4 conventions (such as in the acclaimed O'Reilly 'lion' book) it disobeys many of them because it's not quite System 5 compliant.

    Is this really happening or is it early in the morning and I'm a sucker to a hoax?

    1. Re:Duh! by HiQ · · Score: 1

      Is this really happening or is it early in the morning and I'm a sucker to a hoax?

      Yes.

    2. Re:Duh! by Anonymous Coward · · Score: 0

      Is this really happening exclusive or is it early in the morning and I'm a sucker to a hoax?

    3. Re:Duh! by Hellkitten · · Score: 2, Funny

      Is this really happening exclusive or is it early in the morning and I'm a sucker to a hoax?

      Yes

      I think you need to brush up your logic:

      true xor true = false
      true xor false = true
      false xor true = true
      false xor false = false
      --
      - We are the slashdot. Resistance is futile. Prepare to be moderated -
    4. Re:Duh! by Anonymous Coward · · Score: 0

      Linux is not GNU. GNU is Hurd. That's what the whole GNU/Linux vs Linux battle is about. A unix-like system built over Mach is fundamentally different than the monolithic kernel designs of Unix and Linux.

    5. Re:Duh! by Anonymous Coward · · Score: 0
      GNU is not Unix.

      Truer words were never spoken.

    6. Re:Duh! by Anonymous Coward · · Score: 0

      Well, perhaps this move will raise *BSD from the dead!

    7. Re:Duh! by messiertom · · Score: 2

      I think you need to brush up on your sense of humor: it was a joke.

    8. Re:Duh! by lostchicken · · Score: 2

      Um...this is /.
      Logic jokes are humor.

      --
      -twb
    9. Re:Duh! by Hellkitten · · Score: 1

      I think you need to brush up on your sense of humor: it was a joke.

      Well that makes two of us

      I was pointing out the fact that posing the question with exclusive or yes was still a valid answer, maybe you didn't think it was funny but that's your loss not mine

      --
      - We are the slashdot. Resistance is futile. Prepare to be moderated -
  11. Full text by Anonymous Coward · · Score: 5, Informative

    The site's chugging a bit, so here's the full text. And kids, if you're going to post the full text, post it as a/c for crying out loud. Whores.

    ---

    Informed sources, who would only talk on the guarantee of anonymity, say SCO has been proposing to charge users $96 per CPU for a so-called one-time System 5 for Linux software license to protect their systems from SCO-enforced patent issues if they ante up as soon as demand is made. The fee would go up to $149 per CPU if SCO had to wait through a so-called 99-day "amnesty period" for its money. Users of SCO Linux would get a free System 5 license. They would also have the free right to run SCO Unix apps on Linux.

    Sources say the scheme, which pretty much sounds like a protection racket - we won't sue if you pay - isn't engraved in stone but an undated weeks-old draft SCO press release that details the plan and was read to us has been quietly making the rounds. At press time, we got word that a major player, believed to be IBM, thought it had dissuaded SCO from going through with the idea.

    A usually reliable source swears a SCO executive told him that SCO has hired the redoubtable David Boies, who prosecuted the Microsoft antitrust case for the Justice Department, to press infringement claims not against users but against the other Linux distributions. Presumably this means Red Hat, Sun Microsystems, and maybe even SCO's United Linux partners SuSE, TurboLinux, and Conectiva.

    It is unclear whether SCO envisioned the free System 5 license it's been proposing to bundle with SCO Linux extending to its United Linux partners or simply saw it as a SCO differentiator.

    SCO would base any claims it makes on the Unix patents and copyrights that it acquired when it took over the Santa Cruz Operation. Its press release claims it "owns much of the core Unix IP" and that it has the right to enforce it.

    The Santa Cruz Operation of course bought Unix from Novell, which in turn got it from AT&T. Unix was written at Bell Labs when Bell Labs was still part of the phone company. It is unclear whether the alleged IP is unassailable and that valid patents or copyrights actually exist or that the Unix libraries are actually in Linux. Reportedly there has been a lot of patent research going on in the Linux community lately and there are supposedly serious doubts SCO has much of anything.

    SCO CEO Darl McBride was in England or en route home and did not return calls. Other SCO execs declined to comment; neither would Red Hat, SuSE nor major ISVs also familiar with the situation.

    SCO's director of marketing communications Blake Stowell finally found a phone and confirmed that SCO was talking to Boies, described in the press release as SCO's "IP advisor," about how best to monetize its IP, but denied that it had retained him yet or that its plans were fixed.

    Stowell also denied that SCO would target other Linux distributions, basically suggesting that it would be suicide for SCO to do such a thing. "Microsoft would love to see that happen," he said. Instead Stowell suggested that SCO would take out after other unidentified operating systems that drive something from Unix and hinted that that might mean Microsoft itself since Boies was involved.

    Potential SCO targets said patent demands and encumbrances are explicitly outlawed by the GPL, the touchstone of the open source/Linux movement, and any move by SCO against the Linux distributions would make SCO a pariah. They claim the protection scheme itself would be the end of SCO. The open source community regards patents with haughty distain. Naturally there are fears that accounts on the Linux threshold will be spooked if SCO, which is playing on known IP concerns, starts making demands.

    The situation is fraught with irony considering that open source people have figured it would be cash-rich Microsoft that took out after them brandishing its patent portfolio, not one of their own.

    Red Hat CEO Matthew Szulik publicly fretted about his worries that Microsoft will eventually take Linux to court for patent infringement at a Linux gathering only a month ago (CSN No 479).

    Red Hat says it is so concerned - despite the fact that it's against patents and signed a petition to the European Union urging the EU not to adopt software patents - that it has "reluctantly" taken the "defensive position" of assembling its own patent portfolio. To mitigate its intellectual inconsistency, it says its patents can be used for free for any GPL work. Licenses, however, would be required for any closed, proprietary use.

    SCO, on the other hand, needs the money. Its tiny Linux business is a disaster and there's little doubt that the company, founded by ex-Novell CEO Ray Noorda, would be out on the street by now if it weren't for the Unix operating systems it got from Santa Cruz.

    Meanwhile, Boies' track record since the Microsoft case hasn't been anything to write home about. He wasn't able to save either Al Gore or Napster and actually a lot of the tar he managed to dip Microsoft in rubbed off with Microsoft's subsequent appeal and settlement with the DOJ.

    1. Re:Full text by Anonymous Coward · · Score: 0
      Reportedly there has been a lot of patent research going on in the Linux community lately

      Yeah, right. That gives the hoax away.

      It just isn't likely that the same guys who won't even bother designing anything before coding would care to wade through patents...

    2. Re:Full text by mikeee · · Score: 2

      At press time, we got word that a major player, believed to be IBM, thought it had dissuaded SCO from going through with the idea.

      I hope this means that IBM warned SCO that they might decide to start enforcing the umpty-eleven-bajallion silly IBM patents that SCO violates, and that they'd never be able to sell a copy again if they went ahead with this.

    3. Re:Full text by TheDawgter · · Score: 1

      Interesting that the fact checker for this article quit when he found Ray Noorda's name. Ray founded Novell, and Novell bought SCO in 1995. SCO was started by Doug and Larry Michels in 1978.

    4. Re:Full text by Amazing+Quantum+Man · · Score: 2

      I suspect the author was looking at Caldera...

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    5. Re:Full text by Anonymous Coward · · Score: 0

      I'm guessing Santa Cruz Operations may have been founded in 1978, but SCO is a more recent entity?

    6. Re:Full text by ces · · Score: 2

      I wonder if IBM would be willing to use the same tactic if Microsoft tries to attack Linux for patent infringement.

      --
      Happy Fun Ball is for external use only.
  12. SCO sucks by Anonymous Coward · · Score: 0

    and always has.
    No matter who owns it.

  13. Yeah, but... What!? by 91degrees · · Score: 5, Interesting

    Is it just me, or has everyone else noticed a lack of information about this. What does the patent cover? What software does it apply to?

    In fact, is there any information other than SCO wanting patent royalties for some undeisclosed software?

    1. Re:Yeah, but... What!? by Vellmont · · Score: 1
      Indeed. Obviously no one is talking yet, it's still in the "Some big-whig(s) at SCO wants to make money on patents and various forces are testing the waters" stage. Silence can be very telling:
      SCO CEO Darl McBride was in England or en route home and did not return calls. Other SCO execs declined to comment; neither would Red Hat, SuSE nor major ISVs also familiar with the situation.
      --
      AccountKiller
    2. Re:Yeah, but... What!? by Anonymous Coward · · Score: 0

      What does the patent cover? What software does it apply to?

      Isn't the "sticky bit" patented technology?

    3. Re:Yeah, but... What!? by crazyphilman · · Score: 2

      I didn't see anything on their website about patent lawsuits, but I did see a link to this item about "SCO Linux 4"... Seems a little weird to demand a patent fee on Linux, while releasing your own Linux distro, doesn't it? Besides, they mention other distros (red hat specifically) as competition but don't mention any patent issue.

      http://www.practical-tech.com/infrastructure/i01 09 2003.htm

      Here's their press release page, BTW -- I don't see anything about any patent issues.

      http://ir.sco.com/releases.cfm

      Could this patent thing be a hoax? It's got to be, right?

      --
      Farewell! It's been a fine buncha years!
  14. "A usually reliable source swears..." by Ted_Green · · Score: 3, Insightful

    This sounds like High School again.

    "Mark said that Shirly swears (and Shirly never ever lies) she overheard Jenny say she got it on with Mr. Macgee the English teacher!"

    1. Re:"A usually reliable source swears..." by Krach42 · · Score: 3, Interesting

      I'd have to agree. This article, while yes very disheartening, and shocking, should have been left until the author had real details to share. Not just a bunch of hearsay, and rumors.

      'Course, the article does actually talk about the marketting director, who confirms that they are seeing a lawyer about IP assets. So, there's a strong question of truth here. But it still sounds way to much like, "I heard this the other day from this guy, who never lies"

      --

      I am unamerican, and proud of it!
    2. Re:"A usually reliable source swears..." by gorilla · · Score: 2

      I think you mean "My best friend's sister's boyfriend's brother's girlfriend heard from this guy who knows this kid who's going with the girl who saw Ferris pass out at 31 Flavors last night. I guess it's pretty serious."

    3. Re:"A usually reliable source swears..." by Anonymous Coward · · Score: 0

      she overheard Jenny say she got it on with Mr. Macgee

      Well, Jenny IS kinda slutty, so it wouldn't surprise me. Heck, she slept with just about everybody else...

      Oh, wait, this was an analogy, wasn't it?

    4. Re:"A usually reliable source swears..." by Jay+L · · Score: 2

      Thank you, Simone.

    5. Re:"A usually reliable source swears..." by Anonymous Coward · · Score: 0
      "Mark said that Shirly swears (and Shirly never ever lies) she overheard Jenny say she got it on with Mr. Macgee the English teacher!"
      That's ridiculous. Everybody knows that Mr. Macgee is gay.
  15. Idiots think. by ruckc · · Score: 0, Funny

    We all most likely use SYSTEM 5 init scripts because they look so much prettier than BSD-style.

    1. Re:Idiots think. by pe1rxq · · Score: 2

      Great!!!!! Does that mean that Slackware will be the only free distro left? :)

      I knew I made the right choiche!

      Jeroen

      --
      Secure messaging: http://quickmsg.vreeken.net/
    2. Re:Idiots think. by Anonymous Coward · · Score: 0

      Prettier? BSD style actually makes sense.

      You must be nuts if you like to wade through all of the pointless sys 5 lines.

    3. Re:Idiots think. by Anonymous Coward · · Score: 0

      Use Slackware...

      It works.

    4. Re:Idiots think. by Anonymous Coward · · Score: 0

      sys v init makes sense when you put stuff in inittab like programs that you want to make sure will always run. Too bad its not used that way. Most daemons can't even be run from init because they fork/exec (so init respawans) or they die too often so init throttles them. Init does one thing very well and that is make sure its children process get properly takencare of. But thats the job of pid 1.

  16. Unmount by YahoKa · · Score: 2
    SCO is about to mount an effort to get all Linux sites to pay a per cpu license

    Try using the unmount command.

    Ughh... i hate bad puns :|

    1. Re:Unmount by kinema · · Score: 1

      It's umount not unmount.

    2. Re:Unmount by YahoKa · · Score: 1

      yea, i realized but it still makes sense because it is the unmount command it's just invoked with umount.

    3. Re:Unmount by Anonymous Coward · · Score: 0
      alias umount dismount

      I like this better.

    4. Re:Unmount by Anonymous Coward · · Score: 0

      you mean alias dismount umount
      or alias dismount=umount in bash, don't you?

  17. By Maureen O'Gara of LinuxGram by AX.25 · · Score: 1

    The By line says it all folks. Just another LinuxGram anti-Linux story.

    --
    What is pirate software? Software for inventory of stolen treasure?
  18. What the hell ? by dnaumov · · Score: 1, Flamebait

    This is bullshit, pure and simple. How can they claim IP infrigement in Linux if Linux was all about writing a UNIX-like OS *FROM SCRATCH* in the first place ? There is no SCO-owned IP in Linux and there cannot be. Case closed.

    GNU = GNU is Not Unix

    Duh.

    1. Re:What the hell ? by civilizedINTENSITY · · Score: 5, Informative

      From scratch, clean room development will protect you from copyright, but it is no protection from patents.

    2. Re:What the hell ? by crizh · · Score: 1

      it is in a country that does not recognise software patents (yet).

      --
      Trust The Computer, The Computer is your friend.
    3. Re:What the hell ? by Asic+Eng · · Score: 2
      How can they claim IP infrigement in Linux if Linux was all about writing a UNIX-like OS *FROM SCRATCH* in the first place ?

      That doesn't matter. A patent would cover a specific way of writing code. So if you were to write your code in the same way - no matter whether you know of the patent - you violate the patent and owe license fees.

      Of course, coming up with the same solution independently is a good indicator that the patent was not actually valid.

    4. Re:What the hell ? by Anonymous Coward · · Score: 0

      And what country would that be? What country is economically stupid enough for more than a grace period not to kiss Bush's own country's ass?

    5. Re:What the hell ? by rweir · · Score: 2

      This is bullshit, pure and simple. How can they claim IP infrigement in Linux if Linux was all about writing a UNIX-like OS *FROM SCRATCH* in the first place ? There is no SCO-owned IP in Linux and there cannot be. Case closed.

      I don't know if you're a troll or a fool (since while copyrights require you to *copy* something, patents just mean you have to have come up with an idea, independantly(!), five seconds after someone else gets to the patent office), but you illustrate the danger of submarine patents very well. Linux was developed completely seperately from any other Unix, using fresh GPL'd code for the past 10 years. Despite this, SCO could potential jump up and say 'Hah! We own a patent on XYZ, so pay up!'. No one copied anything, no was even aware the patent existed, but SCO could still do it, and maybe even win in court if it went that far.

      In conclusion: software patents suck because a) they last too long, b) get given out for stupidly well-known things and c) are subjected to abuse like this.

    6. Re:What the hell ? by Anonymous Coward · · Score: 0

      The US is a big market, but it's not THAT big. Going against the US is not economic suicide, no matter what you believe. (As proven by the various trade disputes between the EU and the US)

  19. Microsoft Lawyer ... I smell a rat ... by HealYourChurchWebSit · · Score: 1, Troll



    I think the to last two paragraphs in the article speak volumes to me. SCO is strapped for cach, and Boies' track record.

    I'm wondering if this is a Boies inspired scheme with the hopes that Microsoft will back-channel funds into the case. Win or lose, Boies gets to keep the Yacht.

    The other issue is on what specific technical grounds can/would one sue? Could they find a judge/jury that would understand the technical merits in a short period of time? And that's the other key. If IBM is the target, then SCO is toasting themselves as Big Blue will just pull a Microsoft and drag this out over 10 years -- as they can afford to -- SCO can't -- unless they get Microsoft money.

    --
    --- have you healed your church website?
    1. Re:Microsoft Lawyer ... I smell a rat ... by NoInfo · · Score: 3, Informative

      Stop trolling. Boies helped prosecute Microsoft. He's not going to be getting any money in backing from them.

    2. Re:Microsoft Lawyer ... I smell a rat ... by slimme · · Score: 0, Troll

      Boies is a lawyer. Need I say more.

    3. Re:Microsoft Lawyer ... I smell a rat ... by Deathlizard · · Score: 5, Insightful

      I'm sure Microsoft likes what it's hearing today, but it's not stupid enough to get involved.

      Why? Because it's in still in court trying to settle it's antitrust case. All a judge (or Sun, or any one else that is "Sue MS" Happy) would have to hear is that MS is involved (in any way I might add) in preventing Linux from being sold in a market that MS dominates, and all kinds of hell breaks loose.

      Because if this, Microsoft will not even think of getting close to this case, let alone touch it.

    4. Re:Microsoft Lawyer ... I smell a rat ... by Anonymous Coward · · Score: 0

      Let's hope he's as successful as he was for Al Gore.

    5. Re:Microsoft Lawyer ... I smell a rat ... by Anonymous Coward · · Score: 0

      Well then we have nothing to worry about. He may win the case if it goes to trial, but then he'll immediately back down and approve an ineffective settlement with Linux vendors.

    6. Re:Microsoft Lawyer ... I smell a rat ... by Anonymous Coward · · Score: 0

      > If IBM is the target, then SCO is toasting themselves as Big Blue will just pull a Microsoft and drag this out over 10 years -- as they can afford to -- SCO can't -- unless they get Microsoft money.

      More likely is that if SCO did attempt to enforce Unix-related patents against any Linux vendor, IBM would sue SCO against the dozen or so places where SCO must be infringing against IBM's patents. IBM has a vested interest these days in not having the Linux boat rocked by such suits, so an attack against any Linux vendor would be an attack against IBM's Linux interest. SCO would have to be nuts to go up against that.

  20. Caldera == SCO. For the record. by Forge · · Score: 1

    I wonder if now you know why we weren't impressed by Caldera.

    From the start they acted like the kinda bottom feeding company who would sell it's own mother for a buck but couldn't rub two creative neurons together if it's entire share equity depended on it.

    Yes. For those who don't remember SCO == Caldera.

    1. Let's see what these patent claims are.

    2. Ask around. Just how much of a stake dose Microsoft have in this action?

    3. In the worst case scenario. I.e. That the patent claims are valid and cover some core areas. Be prepared to code around it.

    4. Let's just hope for the best. I.e. That this is all a big hoax and Caldera isn't the a venomus parasite after all.

    --
    --= Isn't it surprising how badly I spell ?
  21. So? by Anonymous Coward · · Score: 0

    So? Stop using Sys 5 and start using BSD scripts.

  22. $99 or $96 per cpu? by Anonymous Coward · · Score: 5, Funny

    I was horrified to read that SCO was planning on charging $99 per cpu! Thats outrageous!!

    You can imagine my relief when, reading further, I see that its $96/cpu.

    1. Re:$99 or $96 per cpu? by Anonymous Coward · · Score: 5, Funny
      You can imagine my relief when, reading further, I see that its $96/cpu.

      Yes, and for sufficently large values of cpu, it works out to be just pennies!

    2. Re:$99 or $96 per cpu? by MyHair · · Score: 2

      You can imagine my relief when, reading further, I see that its $96/cpu.

      Yes, but is that concurrent cpu or per cpu socket licensing?

    3. Re:$99 or $96 per cpu? by Turbyne · · Score: 1

      I hope they don't do RIAA math on this one:
      P2 450 = 1 CPU
      P4 3.06 = 6.8 CPUs
      and if you have HT it doubles your CPU count

      --
      ~A'Ëq'i4d)^'$ÊSÈòB
    4. Re:$99 or $96 per cpu? by Anonymous Coward · · Score: 0

      disable hyperthreading in the bios.
      just say no to doubling software "per cpu" revenues.

  23. SCO perched on the ledge... by curtisk · · Score: 2

    Informed sources, who would only talk on the guarantee of anonymity
    Sounds REAL easy to confirm this one ,huh?
    SCO could not be that self-defeating, could they? So, what they waited around until Linux was firmly rooted in many infastructures, then sue? ie. no money in protecting their property when johnny geek and his 12 friends were the only types that used Linux..
    I dunno, there have been equally asinine tech lawsuits in recent times....but this seems way off, IMHO, and somewhat suicidal for SCO

    --

    Sehr geehrter Toilettenbenutzer!

    1. Re:SCO perched on the ledge... by Anonymous Coward · · Score: 0

      johnny geek has 12 friends? woah. that's more than the pope!

  24. Context? by saider · · Score: 5, Funny

    Unconfirmed sources say that a confidential source, while taking a shit, heard an anonymous executive talking about a meeting with a person who will be unnamed (possibly Jenna Jameson), and at that meeting, the discussion was about the dire financial situation of the company ( the word 'fucked' was heard repeatedly ).

    Or maybe someone was commenting about a movie he rented last night.

    --


    Remember, You are unique...just like everyone else.
  25. Too Late ! by beanerspace · · Score: 3, Interesting

    If SCO had pursued this avenue, oh lets say 5 or 6 years ago, they may have been able to win such a case. But I think now what they'll get is a long drawn out battle which will give the open source community time to build in replacement solutions that will make the case moot.

    Guess its time to roll up our sleeves and get coding.

    1. Re:Too Late ! by GeekDork · · Score: 1

      The troubling part is when it says "System 5 license". I don't want to replace all that SysV stuff. You might as well start the next iteration of OS theory then.

      --

      Fight hunger. Filet a politician and send him to a 3rd world country of your choice.

    2. Re:Too Late ! by jenssoderberg · · Score: 2, Funny

      This is when hurd steps in.

      --
      /. AC "Concrete lifejackets could get certified under ISO2002"
    3. Re:Too Late ! by Anonymous Coward · · Score: 0

      hmmm... wasn't it supposed to step in like 10 years ago? lay off that pipe...

    4. Re:Too Late ! by CableModemSniper · · Score: 2, Funny

      screw HURD! FreeBSD here I come. And Linux is dying!

      --
      Why not fork?
    5. Re:Too Late ! by Anonymous Coward · · Score: 1, Funny

      That might be a good idea anyway. This place is beginning to look like Jurassic Park - full of dinosaurs.

      Hey, maybe this is all an evil plot by RMS to get us all to join the Hurd ;-)

    6. Re:Too Late ! by thogard · · Score: 1

      Isn't System V the ugly bastard child that results when Sun and AT&T shack up for a while? It should have been a lesson to other compaines but they never learn do they?

    7. Re:Too Late ! by Amazing+Quantum+Man · · Score: 2

      No, that's SVR4. SysV had been around for several years before that.

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    8. Re:Too Late ! by fault0 · · Score: 2

      After Linux, it'll be FreeBSD, then Solaris, then OSX, then WindowsXP/2k/NT... then anything else with any level of sysv-related POSIX complience, which all the afortmentioned have.

  26. Are you really surprised? by reaper20 · · Score: 5, Interesting

    If this is indeed true - does this surprise anyone?

    It has been said time and time again that SCO/Caldera (and to some extent UnitedLinux) would end up bringing the worse part of proprietary systems (like moronic licensing policies) to Linux. Now it's finally here and we can go ahead and stick a fork in what used to be a pretty good company.

    Looks like the decision makers at SCO/Caldera have Ransom Love on the brain.

    Some people complain about Red Hat's "market dominance". I guess some companies are just content in making decisions that are so stupid, that they're making it easy to dump their product. RH is going to wipe the floor with what's left of SCO. Who in their right mind would pay per processor fees for linux?

    1. Re:Are you really surprised? by falonaj · · Score: 1
      If this is indeed true - does this surprise anyone?

      Have you never heard of SCO Linux?

      Maybe I should point out some interesting background facts: SCO was bought by the Linux company Caldera, who then renamed themselves to back to SCO.

      This means that the company that nowerdays call themselves "SCO" are a member of UnitedLinux.

      The GPL states that if you own patents on GPLed code, you loose all rights to distribute that code unless you allow all other people to also use your patent for any GPLed work. So, if SCO was to ask Linux companies for royalties, all contributors to SCO Linux could go to court against SCO for IP infringement on their code.

      Yes, it would really surprise me if SCO = Caldera was that stupid.

    2. Re:Are you really surprised? by mosch · · Score: 3, Insightful
      Now it's finally here and we can go ahead and stick a fork in what used to be a pretty good company.
      Right now all that exists is an unverified story in a minor publication. I'd hold off on making such assessments until it's been determined that the story is true.
    3. Re:Are you really surprised? by Anonymous Coward · · Score: 0

      Have you never heard of SCO Linux?

      I'd guess he has, considering he said: "RH is going to wipe the floor with what's left of SCO. Who in their right mind would pay per processor fees for linux?"

      Dumbass.

  27. Patents as deterrence against enforcement by Anonymous Coward · · Score: 5, Insightful

    It's interesting reading that IBM was actively "dissuading" SCO from carrying out this threat.

    IBM has an enormous number of software patents that probably cover every operating system on the market. IBM, unlike SCO, understands that for software companies software patents are like nuclear weapons. They are useful as a deterrent, and useless for anything else.

    There's a story, possibly apocryphal, about how a Microsoft lawyer contacted IBM's legal department, informed them that they had a patent that IBM's operating systems infringed upon, and set up a meeting to discuss royalty payments. The IBM legal team supposedly showed up with a pile of hundreds of patents that Windows infringed on, and that was the end of that.

    I suspect that this is the nature of the dissuasive force being brought to bear by IBM.

    This seems to be a useful side effect of large companies like IBM adopting Linux. They serve as a certain form of protection against this sort of shakedown racket, at least from by actual software companies.

    The only companies that are able to enforce software patents with impunity are those companies that don't actually manufacture software, like PANIP This highlights the destructive uselessness of software patents -- they are only capable of benefiting companies that don't produce software, in other words, lawsuit factories like PANIP.

    Oh yes, they also benefit the patent office to the tune of millions of dollars a year -- a destructive racket in and of itself.

    1. Re:Patents as deterrence against enforcement by Anonymous Coward · · Score: 0
      like nuclear weapons. They are useful as a deterrent, and useless for anything else

      That's correct for strategic nuclear weapons, but tactical nuclear weapons (surface-to-surface and air-to-air missiles, artillery, mines, torpedos, etc.) are quite useful.

      If the push comes to shove in Iraq and Saddam resorts to chemical weapons you can bet that we'll see tactical nukes in use.

    2. Re:Patents as deterrence against enforcement by stinky+wizzleteats · · Score: 5, Interesting

      The IBM legal team supposedly showed up with a pile of hundreds of patents that Windows infringed on, and that was the end of that.

      The mechanics of American business are defined by meetings such as this. IBM is standing in the gap for the moment, but I am afraid that Linux's nebulousness will result in its being banned in the U.S., simply because no one will be around to go to the closed door meetings you describe.

      We could of course, organize protests, and these might be well attended and done with heroic emphasis, but those of us who understand the very concept of electronic freedom are in a hopeless minority. Most computer users are perfectly happy with Windows, AOL, IE, etc., and are actively hostile to those sufficiently aware of the open source world to be concerned about these issues.

      I have a two pronged approach to this problem. On the one hand, I am doing everything I can to evangelize for electronic freedom. If enough Americans understand the sheer tyranny megacorps exert over how we use information, we might be able to change things. I'm not optimistic, however, so plan B is finding another country to live in. I have to say that I've never imagined leaving the United States in search of freedom.

    3. Re:Patents as deterrence against enforcement by Anonymous Coward · · Score: 0

      If the push comes to shove in Iraq and Saddam resorts to chemical weapons you can bet that we'll see tactical nukes in use.
      And the world will embargo the US so fast it will make black tuesday look like a picnic. The world will not allow anyone to ever use a nuke again.

    4. Re:Patents as deterrence against enforcement by Anonymous Coward · · Score: 0

      Who exactly has the legal right to ban Linux in the US? The US Congress isn't going to ban something because it supposedly infringes on some patents. That's an issue for the private sector and the courts to decide.

      Fucking karma whores, full of shit as usual.

    5. Re:Patents as deterrence against enforcement by Alan+Cox · · Score: 4, Interesting

      One thing you have to realise is that twenty years from now nobody will care if one wacky bankrupt state has banned Linux. There will be no real IT industry left in the USA by then anyway. The odd billion chinese people are slightly more significant.

      People like PANIP are the final death throes. The innovators dilemma is destroying the west. We lost the heavy industry, we have to pay farmers to avoid losing farming, we are losing the support businesses, gradually the more efficient nations munch their way up the food chain. Soon all that will be left are the futile attempts to own ideas and lawyers.

      That won't last long either. There are a lot of non US companies building huge patent pools. Their staff are cheaper, their lawyers don't charge outrageous fees and they have lots of young and bright staff encouraged to think rather than to conform for fear of liability and lawsuits for being original.

      Something to think about as you watch the US drop your tax money out of bombers over the desert

    6. Re:Patents as deterrence against enforcement by DancingSword · · Score: 1

      Of course, then we'd also see Iraq/Iran/Israel / Pakistan/India / China / North Korea use 'em too, but isn't that merely 'escalation'?

      Hey, wasn't WWII merely a sequence of 'escalation'?

      ...

      I'm nominating our civilization for a Darwin Award, now, because I don't see anyone doing the nominating after WWIII... ( the remnant'd have, ah, other concerns...

      --
      Messages to/for me ( in me journal )
    7. Re:Patents as deterrence against enforcement by Ami+Ganguli · · Score: 2

      The license for Linux (GPL) prohibits you from distributing Linux if the recipient can't redistribute it.

      In other words, I can only give you a copy of Linux if you can redistribute it freely (as in Freedom and Beer). If you can't redistribute it freely, then I can't give it to you.

      --
      It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail. - Abraham Maslow
    8. Re:Patents as deterrence against enforcement by Anonymous Coward · · Score: 0
      The world will not allow anyone to ever use a nuke again.

      Really? Then why the hell is "the world" so unconcerned about nutcases like Hussein or Kim Jong-Il developing nuclear weapons?

      Saddam has already used chemical weapons in the war with Iran and even on his own people. What makes you think he wouldn't use a nuke on a western country? Kim Jong-Il is clearly an inbred, paranoid lunatic dictator who would be glad to sell weapons of mass destruction to any terrorist group.

      As far as a world embargo on the US goes, you can just forget about it. The fact is that the US sovereignly (but still benignily, I might add) runs the world economy. Try embargoing us and your own economies will collapse.

    9. Re:Patents as deterrence against enforcement by ninewands · · Score: 2
      Quoth the poster:
      The license for Linux (GPL) prohibits you from distributing Linux if the recipient can't redistribute it.

      This is, in fact, the death knell of any lawsuit Caldera/SCO might try to bring. OpenLinux is, in fact, itself a derivative work that is based upon that MOST political of all Linux distributions, Debian. It is going to be interesting to see how Caldera/SCO is going to enforce any legitimate IP rights it might have while simultaneously defending a countersuit brought by the Debian Project and the FSF for violating the GPL.

      This MAY turn into the legal situation that finally proves whether the GPL has any teeth or not.
    10. Re:Patents as deterrence against enforcement by spencerogden · · Score: 1, Offtopic

      No, WWII was a reaction to Hitler's campaign to conquer the world and exterminate the jews. The only reason it could be seen as small incidents getting bigger and bigger is that no one could believe that Hitler was so ambitious and insane.

    11. Re:Patents as deterrence against enforcement by Nexx · · Score: 1

      which is ironic, since Mein Kampf pretty much outlined what he was going to do, all the way back before 1941.

    12. Re:Patents as deterrence against enforcement by Anonymous Coward · · Score: 0

      There will be no real IT industry left in the USA by then anyway.

      I'm going to have to agree with you, but I think this story underscores a sad fact. Linux and Open Source is not a viable business model, but it certainly is a boon to these developing nations who don't want to pay for Microsoft. If Microsoft truly had a monopoly, there would be few alternatives, and the US's largest company (by market cap.) would be generating much more in foreign trade, and keeping the intellectual property in the West.

      Something to think about as you watch the US drop your tax money out of bombers over the desert

      I wouldn't underestimate imperialism; It certainly served to enrich your country.

    13. Re:Patents as deterrence against enforcement by tgd · · Score: 2

      That ought to be printed on the front page of the NY Times...

      Of course the ignorant 50% of the US that voted for our moronic leader, and still think his foreign and economic policies are good for our country probably don't read papers that use words with more than two syllables.

    14. Re:Patents as deterrence against enforcement by aburnsio.com · · Score: 2
      That won't last long either. There are a lot of non US companies building huge patent pools. Their staff are cheaper, their lawyers don't charge outrageous fees and they have lots of young and bright staff encouraged to think rather than to conform for fear of liability and lawsuits for being original.

      Something to think about as you watch the US drop your tax money out of bombers over the desert

      You fail to realize the value of military force in IP lawsuits. Lawyers with RPGs are invincible.

    15. Re:Patents as deterrence against enforcement by photon317 · · Score: 2


      Of course the other ignorant 50% who voted for the other equally moronic candidate, and still think his forieng and economic policies are good for out country probably are hippocritical idiots that can't see the big picture of politics or use words with more than two syllables.

      Any American with a remote interest in politics really needs to understand a few basic truths:

      1) Most of the public is ignorant
      2) All the political parties are out for their own gain, and their policies are no good for any of us.
      3) The only way out is a third party rising that won't behave like the current two (unlikely), popular revolt (unlikely), or complete failure of our system (likely, but we've probably got a couple decades left).

      --
      11*43+456^2
    16. Re:Patents as deterrence against enforcement by stinky+wizzleteats · · Score: 3, Interesting

      Well, I agree that we're seeing the beginnings of the American Empire. Asymmetric threats give rise to a local police state and a foreign policy of overt gunboat diplomacy, which is analogous to the rise of the Roman Empire.

      The core of the empire will be commercial, exactly like the British Empire was, but where Britain dealt in a monopoly of commodity, the American Empire will be about the monopoly of intellectual property. How far would we have to go from banning Linux due to (imagined) patent infringement to bombing other countries to enforce our patent law?

      I'm afraid that history does not support your predictions about the fall of America. I say that with not the slightest pride. I honestly hope you are right. (Though I have more confidence in a resurgent Europe being the world's next major power) I'm personally not at all concerned about power and influence. I want freedom. And because the U.S. is set to create an Empire of Information, we stand to be the greatest threat to freedom the world has ever known. I cannot and will not support that Empire.

    17. Re:Patents as deterrence against enforcement by Anonymous Coward · · Score: 0

      how about being able to spell words with more than 2 syllables?

    18. Re:Patents as deterrence against enforcement by Anonymous Coward · · Score: 0

      The situation you describe (microsoft owning the IT industry) is impossible. When one company manages to grab hold of so much power it creates a vacuum ready to be filled up by alternatives. If Linus had been hit by a bus 15 years ago we would still have an alternative to MS right now. It just wouldn't be called linux.

    19. Re:Patents as deterrence against enforcement by Fulcrum+of+Evil · · Score: 2

      You fail to realize the value of military force in IP lawsuits. Lawyers with RPGs are invincible.

      How do you plan to pay for all those fancy toys?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    20. Re:Patents as deterrence against enforcement by Anonymous Coward · · Score: 0

      So a key Linux guy shows up and gives us an insightful "empire in decline" rant, but no comment on if Linux actually infringes System V UNIX patents...

    21. Re:Patents as deterrence against enforcement by the+gnat · · Score: 3, Informative

      Actually, there was a Forbes article earlier this year (linked to from Slashdot) that detailed how in the early days of Sun Microsystems, IBM's lawyers showed up with some software patent and shook Sun down for a cool $25 million. When Sun's engineers quickly proved that they weren't infringing, the IBM lawyers simply said "That's okay, we'll find ten more that you are infringing." Sun paid up - this is exactly what SCO is doing now.

      That's a very different IBM, obviously, but they have a long way to go before they atone for their past behavior.

    22. Re:Patents as deterrence against enforcement by Ironica · · Score: 2

      Well, I agree that we're seeing the beginnings of the American Empire.

      As I see it, the American Empire began with the end of WWII. What we're seeing now is the fall of the American Empire.

      The phrase "bread and circuses" clangs loudly in my head every time I see another ad for "reality TV." "Here, watch these people risk their necks and stab each other in the back, to take your mind off of the real world falling apart around you." It's not a new thing; anyone remember American Gladiators?

      When the government starts handing out free food at the movies, I'm packing up and moving to Finland.

      --
      Don't you wish your girlfriend was a geek like me?
    23. Re:Patents as deterrence against enforcement by Anonymous Coward · · Score: 0

      sure you will buddy, sure you will. just like you've done all those other things you claimed you would. sad, really, you are.

    24. Re:Patents as deterrence against enforcement by Anonymous Coward · · Score: 0

      Because the US refuses to give up its own arsenel, maybe huh? Do as I say, not as I do etc etc.

    25. Re:Patents as deterrence against enforcement by Augusto · · Score: 2


      The phrase "bread and circuses" clangs loudly in my head every time I see another ad for "reality TV." "Here, watch these people risk their necks and stab each other in the back, to take your mind off of the real world falling apart around you." It's not a new thing; anyone remember American Gladiators?


      You are aware that reality TV is not a unique American TV fad, right?

      So the rest of the world is also a decadent crumbling empire?

      --

      - sigs are for wimps.
    26. Re:Patents as deterrence against enforcement by Khazunga · · Score: 2
      Lawyers with RPGs are invincible.
      Don't you mean "Lawyers with BFGs are invincible?
      --
      If at first you don't succeed, skydiving is not for you
    27. Re:Patents as deterrence against enforcement by mickwd · · Score: 2

      ".....gradually the more efficient nations munch their way up the food chain."

      I don't think they are any more efficient. There is simply no reason why us in advanced countries should be paid higher salaries than people doing the same jobs in poorer countries. People in third-world / developing countries are no less intelligent, capable or hard-working than people in more advanced countries - other than their standard of education (which is, admittedly, a significant factor).

      What is happening is that improved communication and transport infrastructures are removing more and more of the physical barriers that have kept rich and poor countries, and their people (or "labour forces" if you prefer) apart. Rather ironically, it appears to be the very greed of the largest multi-national companies in the richest countries (and their search for cheaper labour) which is causing most of it.

      This is what is happening - the differences between advanced and "developing" countries are being evened out.

      Personally, I think it's a good thing if the differences in wealth between different countries is reduced, and the earth's resources (financial and otherwise) are more evenly distributed between them. And in doing so, I hope it helps reduce the tensions between different parts of the world.

      I also think a large motivation behind the current push on intellectual property (particularly patents) from the rich, developed world is a mechanism by which the status quo is to be preserved (i.e. the rich countries stay rich, and the poor stay poor). Of course more developed countries are going to "invent" more technology than less advanced countries. Patents are a means by which we can say: "We don't care if you've had lots of good ideas and innovations - we're more advanced, we thought of them first, and we've made the laws which say for years to come you must pay us money just to use those ideas".

    28. Re:Patents as deterrence against enforcement by photon317 · · Score: 2


      check my journal.

      --
      11*43+456^2
    29. Re:Patents as deterrence against enforcement by Anonymous Coward · · Score: 0

      (From your journal):
      Im' her too comumincat, nat ot be anal.

      No, you're not here to communicate. You're here to say what YOU want to say, and you don't give a crap whether what you say is intelligible enough to read. Typos make the readers job harder, when the writer is the person who should be making things clear (to avoid misunderstandings).

    30. Re:Patents as deterrence against enforcement by ces · · Score: 2

      Out of court settlements. Or nuclear blackmail.

      --
      Happy Fun Ball is for external use only.
    31. Re:Patents as deterrence against enforcement by Melkman · · Score: 1

      Neh,

      I think he meant lawyers with Role Playing Games. Man they will bore you to death before you can say "What the...".

    32. Re:Patents as deterrence against enforcement by Saeger · · Score: 2
      What is happening is that improved communication and transport infrastructures are removing more and more of the physical barriers that have kept rich and poor countries ... apart

      It's great to be egalitarian (and I am), but the more common human trait evolved to want you and your tribe to maintain status above others (the evolution of cooperation notwithstanding).

      Every single day I think about the near future where physical molecules will be manipulated as cheaply and easily as digital bits, and what this might mean for the world system. On the one hand, everyone will be wealthy beyond compare, and on the other hand, humans still have primitive instincts to contend with.

      --

      --
      Power to the Peaceful
    33. Re:Patents as deterrence against enforcement by Anonymous Coward · · Score: 0

      Well, of course, the fact that we don't recognize patents from many coutries also keeps this system in place. We don't recognize your patents, so pay up or we send in GWB to end this "threat to capitalism". Many inventors here in the states cannot afford a good patent processing, how much more so for the farmer in Zambia who cannot patent his particular grain of rice like a Monsanto.

      Hopefully we have passed the stage where inventors did not think their idea novel enough to patent. In today's climate you could have a patent for putting five fins on a surfboard. Witness recent patents for swinging on a swing sideways, and broad patents such as "a system of displaying moving graphics on a computer screen" that covers everything from animation to computer games.

      China will be at the forefront of our Brave new World simply because they don't care about American patents, and are becoming more defiant by the day. The only reason they respect our IP laws at all is the ability to import to us rich Americans. The fakes in China are getting good. And the main price differentiator is that they are not supporting a sales and marketing firm like their US counterparts. Once some of these Chinese knock-offs become the "in-the-know" item to save dough while looking flush, we'll see more and more of them in the states. As we scramble for non-drm or DRM defeating mechanisims, who will be the main importer?? Lik-Sang et-al are just the beginning. I already have friends who order DVD's from china cheap. (10 DVD's for about $20. Includes shipping.)

      We'll keep sending those dollars to China...

    34. Re:Patents as deterrence against enforcement by Rakarra · · Score: 2
      I'm nominating our civilization for a Darwin Award, now, because I don't see anyone doing the nominating after WWIII... ( the remnant'd have, ah, other concerns...

      "I know not with what weapons World War III will be fought, but World War IV will be fought with sticks and stones." -- Albert Einstein

  28. It's not a fake. by Anonymous Coward · · Score: 0

    A little bird has told me that this sort of thing was discussed internally at SCO long before it became Caldera.

  29. Strike back! by infolib · · Score: 2

    the scheme, [...] isn't engraved in stone but an undated weeks-old draft

    Sounds like we can still influence the decision. How do we make SCO an example to the world that this is a very bad idea?

    Of course, if you live in the EU you still have time to stop software patents altogether.

    --
    Any sufficiently advanced libertarian utopia is indistinguishable from government.
    1. Re:Strike back! by CommandNotFound · · Score: 5, Funny

      How do we make SCO an example to the world that this is a very bad idea?

      I know! From now on, nobody buy their products!

      Oh, wait...

  30. Where is RMS when we need him? by Anonymous Coward · · Score: 0

    How will RMS comment this? RMS is the only one who can solve this problem. Our hero will fight against this!

    1. Re:Where is RMS when we need him? by Anonymous Coward · · Score: 0

      RMS won't comment. He'll protest silently by refusing to shower for the remainder of this year. Something he's done since 1978.

  31. It doesn't matter by Dunkirk · · Score: 2

    If this were to actually happen, their customers - i.e. people who are using Linux for business - would disown them in a heartbeat. There wouldn't be a SCO left to collect on this issue.

    --
    Acts 17:28, "For in Him we live, and move, and have our being."
    1. Re:It doesn't matter by Peter+Harris · · Score: 2

      I wonder if someone is deliberately trying to torpedo Caldera? This is irresponsible journalism without any corroboration. If it IS true, I give them a couple of months maximum.

      And by the way, they can take my Debian when they pry it from my cold dead fingers. (insert obligatory Debian "woody" joke here).

      --

      -- What do you need?
      -- Gnus. Lots of Gnus.
    2. Re:It doesn't matter by ckaminski · · Score: 2

      Yes, but in the resulting SCO firesale, they could get picked up by Microsoft, and let me tell you, that's one beast you DON'T want to have to fight on patent infringements.

      They are going to have a tough time attacking any non-US based distributions, no? Great, so now they can just shuffle all business for Linux distributions to Europe or Asia. Thanks SCO. ;-)

    3. Re:It doesn't matter by Jason+Earl · · Score: 2

      That would be a waste of a perfectly good torpedo.

      Caldera is screwed one way or the other. They have almost no developers; they have two legacy OSes to support, UnixWare and OpenServer, and their one entry in the growing Linux market is a watered down clone of SuSE's Linux distribution with a Windows-style pricetag.

      Caldera still has SCO's rather large installed base of legacy installations, but they have absolutely no hope for future momentum. Once upon a time SCO used to be able to deride Linux as a toy, but the fact of the matter is that SCO's proprietary UNIXes are the toys now. SCO doesn't even have a plan for porting their proprietary UNIXes to Itanium.

    4. Re:It doesn't matter by ces · · Score: 2

      If M$ was stupid enough to try that they would probably find themselves facing IBM's massive patent portfolio.

      --
      Happy Fun Ball is for external use only.
    5. Re:It doesn't matter by ckaminski · · Score: 2

      Yes, but it would be Microsoft's decision against who to level patent infringement claims. If Microsoft didn't want to incur the ire of IBM, it wouldn't have to "pick a fight" with it directly. Granted, IBM could simply choose to pick the fight itself. But how wise is it for us to expect IBM to leap into the fight with it's vast patent arsenal to protect Linux from patent assault?

  32. Based on Slashdot comments by Anonymous Coward · · Score: 0

    SCO was dead, as Novell, so how a dead company do this?

    ahhahaha

    1. Re:Based on Slashdot comments by carlos_benj · · Score: 1, Funny

      SCO was dead, as Novell, so how a dead company do this?

      It's really a zombie process.....

      --

      --

      As a matter of fact, I am a lawyer. But I play an actor on TV.

  33. A little background information by Zayin · · Score: 3, Informative

    Check out the source of the article. I'm not quite convinced yet. :)

    From the LinuxGram website ( http://www.linuxgram.com/ ):

    "Copyright Notice: While we are flattered that some of our readers may want to pass along copies of our stories to customers, clients, associates, friends, family and co-workers, please know that this practice is illegal, violates our intellectual property rights and undermines our efforts to bring you the kind of reporting you've come to expect..

    And, so the legalese: It is illegal to reproduce, copy, photocopy, forward, e-mail, publish, broadcast, post on an Internet/Intranet site, rewrite, store in a retrieval system or otherwise distribute this publication or any portion of this publication or any article in whole or in part by any means, mechanical, photocopying, recording or otherwise without the prior written permission of G2 Computer Intelligence.

    --
    "I'd rather have a full bottle in front of me than a full frontal lobotomy"
    1. Re:A little background information by Bill+Privatus · · Score: 1

      Oddly enough, according to the language, you can't even reprint the snippet you posted :-)

      --
      Redundancy is good; triple redundancy is twice as good! - Me.
  34. Uh-Oh! The Fearsome David Boies! by occamboy · · Score: 5, Funny

    Ooooooohhhh! How scary! The man who split Microsoft into two companies! And ensured that Albert Gore assumed the US Presidency!

    Given Boise's track record, we can all sleep well tonight.

  35. The problem with patents... by Dada · · Score: 4, Informative

    ... is that it doesn't matter that it was written from scratch. Even if that Torvalds guy had been living in a cave, never having seen any kind of Unix ever and just happened to come up with Linux anyway, it would still be a patent infringement if SCO was the first to come up with the patented technology.

    1. Re:The problem with patents... by afidel · · Score: 5, Insightful

      No, this is yet another reason why SOFTWARE patents are bad, bad, bad. In the realm of physical devices you need to be specific enough about your device for the patent to be enforcable so there is usually an alternative implementation that can achieve a similar goal without infringing. For example look at the way that AMD was able to basically clone the Intel cpu's over the years, they could make another cpu that could take the same inputs and give the same outputs but which did not infringe on Intel's patents.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    2. Re:The problem with patents... by lfourrier · · Score: 1

      it would still be a patent infringement if SCO was the first to come up with the patented technology.
      Only as long as software patents are valids.

      At the time unix was conceived, software patents were not legal in Europe. So the finnish guy didn't infrige.

    3. Re:The problem with patents... by jez_f · · Score: 1
      At the time unix was conceived, software patents were not legal in Europe.
      AFAIK they are still not for the moment, the eropean parlement is being heavlily lobbied by all the usual suspects to make it so. I am sure there is a campaign against, anyone have the address?
    4. Re:The problem with patents... by Anonymous Coward · · Score: 0

      AMD is a lousy example -- they have various patent cross-licence agreements with Intel that extend down to various x86 instructions.

      Furthermore, they've got the FTC looking over Intel's shoulder telling them to be good boys.

  36. Berkeley? by Peartree · · Score: 1

    I thought Berkeley put IP in Unix... Am I mistaken?

    1. Re:Berkeley? by Anonymous Coward · · Score: 0

      IP == Intellectual Property, ! Internet Protocol (in this case)

    2. Re:Berkeley? by Enry · · Score: 2

      For the BSD stuff, yes. The System V stuff was written by AT&T, then it wound its way through....uhm..NCR, Novell, and SCO. Maybe a few other companies in random order.

    3. Re:Berkeley? by Mephistopholies · · Score: 1

      I do believe he meant it to be read as IP = = Internet Protocol as a joke, and they did put it in all Unixes and for that matter MS, Novell etc..

      --
      "We must not, my friend, be the bubbles of our own liberal sentiments"
      --John Adams in a letter to Thomas Jefferson
  37. There's always BSD... by Anonymous Coward · · Score: 0

    If this story is real, don't worry: There's always BSD. As far as I can see, the SCO claims here are derived from the original AT&T IP, and it has been agreed (as part of the antitrust settlement) that BSD is not covered by any of that intellectual property.

    1. Re:There's always BSD... by Anonymous Coward · · Score: 0

      Actually, BSD would be even more likely to violate "intellectual property" patents than Linux, since Linux is a from-scratch implementation, while *BSD dervies from the original BSD, which derives itself from the tapes brought over from AT&T.

  38. I'm Dubious... by Greyfox · · Score: 5, Insightful

    Until I see some citations, I'm a bit skeptical about these claims. If it does turn out that the Linux kernel is violating a solid patent, is there any reason why the code couldn't just be tweaked to not violate the patent anymore? While a "real" company might not be willing to do this, the kernel developers have demonstrated a willingness to overhaul major portions of the kernel code and I'm sure any problems could be routed around fairly quickly.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  39. Mebbe it's Apple they're after? by Anonymous Coward · · Score: 1, Interesting
    "Instead Stowell suggested that SCO would take out after other unidentified operating systems that drive [sic] something from Unix and hinted that that might mean Microsoft itself since Boies was involved."



    This sounds like osx to me. And the whole thing smacks of the sleasiest kind of blackmail. But, knowing how vociferous the Gnu/Linux community is, and how suicidal such a move would be for the company given the culture of the community, this sounds like either some of hoax or perhaps an "anthrax-killer" type ploy to make folks aware of a potential legal loophole with the gpl.

    1. Re:Mebbe it's Apple they're after? by Anonymous Coward · · Score: 0

      They've already lost all customers, so extracting money from their patent portfolio is their only hope. Unfortunately this will open them up to retaliatory actions by other patent holders, and copyright lawsuits from copyright owners of software distributed under the GPL by Caldera. There's no such hole in the GPL. SCO can only die faster using this approach.

  40. So send me a bill, SCO by idiotnot · · Score: 5, Interesting

    See if I pay it. Wanna take me to court? Okay, do so. I'd rather pay an attorney than hand money over to you.

    And if everybody takes this tact, they'll back off. These cowards from Caldera/SCO have been waiting to do something like this for a long time. I don't trust them and never have.

    Of course, they won't sue me, an individual user. They'll sue RedHat, as the story says. They'll sue SuSE. They'll sue Mandrake. Let's see them sue the Debian Project, while they're at it and get the EFF involved.

    Until I hear that this is false, I'm boycotting SCO.

    Off to look through the debian packages to find ones contributed by Caldera and remove them....

    1. Re:So send me a bill, SCO by Anonymous Coward · · Score: 0, Insightful

      You are so missing the point. While you are correct, they won't sue you personally, they will sue the distro owners. If they are successful, then the distro owners will be forced to pass the charge off on to the consumers or eat it themselves. Given those choices, which one do you think will happen? This will effectively kill any free as in beer distribution of Linux, because the distro owner will be forced to pay for every free download.

    2. Re:So send me a bill, SCO by Anonymous Coward · · Score: 1, Insightful

      Innocent until proven guilty?
      Don't waste your energy in ranting about this (yet)

    3. Re:So send me a bill, SCO by Anonymous Coward · · Score: 0

      We need an "Angry White Guy" moderation option.

    4. Re:So send me a bill, SCO by Anonymous Coward · · Score: 0

      the original poster of this thread isnt missing "the point"....he clearly states, SCO wont go after the individual user, he will go after the big dogs like mandrake, suse, redhat, etc. As far as missing the point goes, i dont see any point at all in your post.

    5. Re:So send me a bill, SCO by Anonymous Coward · · Score: 0

      Then you are obviously a moron. The original poster was basically stating that it wasn't feasible for SCO to go after the individual user. My point was that they wouldn't have to that by going after the distro owner it would in effect trickle down to the user anyway thus saving SCO from the arduous task of doing it themselves. Also, free as in beer distros would probably die because they wouldn't be able to eat the $96 dollar per download charge. If you need it repeated for a third time, let me know and I'll try to use even smaller words.

    6. Re:So send me a bill, SCO by Rooktoven · · Score: 1

      So how does SCO sue Debian?

      Even if they knocked off some distros in their money grab (highly unlikely), there would be solutions that would fill the vacuum nicely.

      So long SCO, thanks for nothing.

      --

      Acquiescence leads to obliteration
    7. Re:So send me a bill, SCO by smyle · · Score: 2
      Until I hear that this is false, I'm boycotting SCO.

      I would, too except... ummm.... I haven't used any of their products for nearly 7 years anyway.

      --

      Sleep is just a poor substitute for caffeine, anyway. -Bob Lehmann

    8. Re:So send me a bill, SCO by AirLace · · Score: 1

      Maybe I'm missing something, but I know the company I work at would rather pay something in the region of $500-$1,000 for the CPUs it has running Linux than $10,000-50,000 for a lawyer.

      Standing up to something like this doesn't make sense from a financial point of view, as it's a lose-lose stance. Such is the nature of protection rackets.

    9. Re:So send me a bill, SCO by cdrudge · · Score: 2
      Until I hear that this is false, I'm boycotting SCO.

      So you are going to boycott a product based purely on the unsubstantiated rumor printed in a minor magazine. SCO has never officially released anything that said they were charging.

      I heard that Debian was considering charging users $10 each time you run apt-get. You saw it here on /. so it has to be true. From now on, I'm boycotting Debian until I see an official press release.

      To help with your quest to find Caldera's contribution, see here. Included are portions of Webmin, RPM, Netscape, and oh yeah...the Linux Kernel. BTW...it's not Caldera. It's SCO.
    10. Re:So send me a bill, SCO by jbolden · · Score: 2

      Sure it does. You only have to stand up to these sorts of things for a short time. Once you establish a reputation as a company willing to blow $2m in legal fees to avoid a $500k settlement you don't get sued very often. GE and Microsoft for example have this rep.

    11. Re:So send me a bill, SCO by Anonymous Coward · · Score: 0

      Debian takes donations and has set up a non-profit to take them: Debian Donations. Any distro that accepts money has to have some kind of entity established to process the proceeds which makes it a fairly trivial process to sue. As for any distro that that does not accept money of any kind, I really can't say, but I'm sure a lawyer could find someone/something to sue.

    12. Re:So send me a bill, SCO by haggar · · Score: 2

      What a knee-jerk, pricky, reactionary post this is. Sure, do not bother checking the facts, try your best to forget that this is slashdot, which means FUD all over Caldera (and therefore SCO), and try to be as mindless as you can. After all, you got modded up, I guess this made your day.

      --
      Sigged!
    13. Re:So send me a bill, SCO by pclminion · · Score: 2
      And if everybody takes this tact, they'll back off.

      Actually I think the phrase is "take this tack," where "tack" is a nautical term referring to how the ship is oriented with respect to its sails.

      By taking a particular "tack," you are choosing a particular direction of travel, or goal if you will.

      Sorry, just thought I'd throw in some totally useless trivia.

    14. Re:So send me a bill, SCO by Anonymous Coward · · Score: 0

      just had a look...

      rpm happens to be in that list ;o)

  41. No use telling people here by tkrotchko · · Score: 3, Insightful

    Naive people on slashdot will consistently tell you how software patents protect the little guy. Of course, they're unable to ever show you a case of this happening, but I guess the idea that it could potentially help the little guy in some sort of odd circumstance makes it all right.

    Software patents have always been a bad idea.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  42. Desperate Move by Anonymous Coward · · Score: 1, Interesting

    If this is true, it means SCO is dying. I would
    expect a totally cash-strapped company to do
    something like this. I would not expect a company
    like MS to do this, as it does not need the money
    and does not want the bad PR. Some have commented
    that they wouldn't expect this to come from "our
    fold"-- they underestimate what can happen in a
    dying company. Things can get cynical and negative
    real fast. Keep in mind though that this is
    somewhat unsubstantiated.

    1. Re:Desperate Move by HighOrbit · · Score: 1

      You're right. They can't sell their own products, so they are trying to squeeze revenue by collecting royalties on 20 year old patents. "If you can't beat'em, sue 'em"

  43. Remember... by foxtrot · · Score: 1, Troll

    SCO was the stuff so bad they had to buy the name Unix to be able to call their software Unix with a clear conscience.

    Linux claims it's like Unix.

    SCO owns the name Unix.

    Therefore, to SCO, Linux is using SCO's intellectual property.

    Which is an impressive feat, given that the previous statement shows SCO has no intellect to have property in the first place...

    1. Re:Remember... by erat · · Score: 2

      Bzzzzzzzzzt! You're wrong.

      SCO does not own the UNIX trademark. Ray Noorda (back when he ran things at Novell) gave the trademark to the Open Group.

      So, unless the Open Group wants to sue folks for making claims to be something like UNIX, what you describe above isn't going to happen.

  44. Re:Random Love still leads the company?? by Ponty · · Score: 2, Funny

    Ransom Love. A little more predictable, but with more sinister implications.

  45. What patents? by mcc · · Score: 5, Informative
    GPL section 7 is meant specifically to prevent a situation from this from ever happening. Here is a quote:

    If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.


    I read this section to mean that if SCO has patents that Linux implements, and 'the community' doesn't already have an unlimited eternal royaltay-free license to use these patents, then the Linux people are right now, regardless of whether SCO tries to pay up or not, legally obligated to remove the implementations of these patents from the Linux code. As far as i'm aware, there have been in the past concentrated efforts to find and remove submarined patents that accidentally wound up in GPLed software, no? What patents of this sort could SCO have?

    At any rate one would imagine that SCO would not be so stupid as to demand individual $97 patent licenses from a group of people that (1) is at the moment their core target market (2) has a long-standing tendency to boycott people who do things like demand money for submarine patents (3) would probably not even pay the $97 fees, as they also have a long-standing tendency to not mind stealing from anyone they believe to be screwing them over. (I call (3) "civil disobedience", personally, but that's probably just spin on my part.)

    And SCO would have to demand this money from individual users-- it would be impossible for SCO to demand it from vendors, becuase were SCO to start demanding licensing fees from anyone at all regarding patents of theirs inside the Linux kernel (which i assume is where these patent violations would have taken place), all existing linux vendors, including SCO, would be under GPL section 7 immediately legally unable to distribute Linux to anyone at all! (Not permanently, of course, as i find it highly unlikely any defendable SCO patent, once discovered in the linux kernel, would remain there any longer than a span of hours.)

    Either way, assuming that SCO is in fact this stupid, and assuming that SCO actually does own patents that the linux kernel violates but that no one in the free software community has ever noticed, i think i'll wait until i read this on SCO.COM to pay any attention to it whatsoever.
    1. Re:What patents? by infolib · · Score: 3, Insightful

      The interesting thing is that SCO have themselves distributed Linux. This means that if the patents were not "free-for-all" they have infringed on the copyright of the kernel hackers. After all, if they don't obey the GPL they have no right to redistribute. If they really push this I could see a copyright suit coming from the kernel hackers - notably Alan Cox. I don't think SCO would want that...

      --
      Any sufficiently advanced libertarian utopia is indistinguishable from government.
  46. Very good suggestion. by Anonymous Coward · · Score: 0, Funny
    And kids, if you're going to post the full text, post it as a/c for crying out loud.

    Now that my Karma is Excellent, I will.

  47. SCO by codefungus · · Score: 1

    I could be wrong, but I'm pretty sure that Microsoft , at one point, owned part of SCO Unix.

    But, I'm sure by now, all ties to MS have long been gone...I'm sure....MUST BE!

    --
    -- A cat is no trade for integrity!
    1. Re:SCO by Anonymous Coward · · Score: 0

      MIcrosoft had a product called Xenix, which they sold to SCO. As part of that deal, Microsoft agreed never to enter the UNIX OS market, and SCO agreed to support Xenix basically forever.

      SCO went to court within the last few years to get out of the clause that forced them support Xenix. I beleive they were successful. I do not know if Microsoft could now enter the UNIX OS market if the wished to as a result of the court decision.

    2. Re:SCO by Anonymous Coward · · Score: 0

      > I could be wrong, but I'm pretty sure that Microsoft , at one point, owned part of SCO Unix.

      > But, I'm sure by now, all ties to MS have long been gone...I'm sure....MUST BE!

      Back in the late 70s MS bought a licence to AT&T Unix edition 7 pre System III, let alone V. They implemented this with some additions as MS Xenix. SCO was contracted to do at least some of the coding and support and MS invested in SCO having at one point a substancial share of it. Paul Allen was also CEO of SCO.

      Eventually MS sold all rights of Xenix to SCO but retained share holding around 20% at the time and held some licences to parts of Xenix requiring a royalty per copy sold.

      SCO later bought the rights to Unix from Novell and MS required the royalty payment for sales of Unix (SCO UnixWare) as well as Xenix (SCO Open Server), even though the incorporated code was no longer used by the system but was included as part of the sale agreement.
      A court decided that the MS code could be removed and royalties no longer paid.

      So MS at one time owned Xenix, owned part of SCO and licenced part of Unix to SCO.

      Part of the sale agreement of Xenix to SCO was also that MS would never release another Unix OS. Obviously SCO didn't want to buy the old edition 7 based system only to have MS release a System III or V based version of Unix. I assume that Caldera still holds this agreement and is waiting to pounce if MS has forgotten and releases a Unix or Linux.

  48. Pay for defence by Bazman · · Score: 2

    I would rather pay $200 to a lawyer or the FSF to fight for my free use of Linux than pay $96 extortion money to SCO...

    I'm sure there's a logic in there somewhere.

    Bazman

    1. Re:Pay for defence by afidel · · Score: 2

      Yep there is logic in there. Providing a strong defense again questionable claims may cost more in the short term but by showing a strong hand and an unwillingness to bend over you save yourself a lot of hassle from small weasels in the longterm. This is the idea for instance behind the two day GE strike that starts tomorrow, they are protesting GE moving a larger portion of healthcare costs to the employees. The two day strike will cost the employees twice as much as the increased premiums, but the intended effect is to get GE, a company that made record profits the last 18 quarters, to not shoulder their employees with additional costs when they are giving the former CEO 9 million/year retirement benifits and a personal jet.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  49. SCO Threatens to Press IP Claims on Linux -$99/cpu by Anonymous Coward · · Score: 0

    -$99/cpu? Hot damn! 'bout time I got paid for serving my favorite OS on the net!

  50. hmmm by smash · · Score: 2
    This brings to mind the saying handed down to me as a young apprentice sysadmin a number of years back...

    "Just say no to SCO..."

    Doesn't affect me in the slightest anymore, I've happily switched to FreeBSD - 3d support, Linux emulation, and less GNU-hippy-ism :)

    smash.

    --
    I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    1. Re:hmmm by smash · · Score: 0
      So eloquently put, Mr AC...

      Old or new, I don't give a fuck.

      RMS is a gimp.

      smash.

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    2. Re:hmmm by Anonymous Coward · · Score: 0

      Ok, then fuck off.

  51. Ner ner ner ner ner ner ner.....GNUman!!! by adamofgreyskull · · Score: 1

    I'm not sure..but initial reports just in say that a caped man..purporting to be "St. Ignucius of the Church of Emacs..just declared a jihad on SCO.

    1. Re:Ner ner ner ner ner ner ner.....GNUman!!! by Anonymous Coward · · Score: 0

      only one way to be sure, was he sighted with the infamous skin flute??

  52. Face it. Lawyers are out the get us. by Anonymous Coward · · Score: 0

    First the H1-B crap. Now this.
    Lawyers are attacking the geeks.

  53. BSD? by lpontiac · · Score: 5, Interesting
    The Santa Cruz Operation of course bought Unix from Novell, which in turn got it from AT&T. Unix was written at Bell Labs when Bell Labs was still part of the phone company. It is unclear whether the alleged IP is unassailable and that valid patents or copyrights actually exist or that the Unix libraries are actually in Linux.

    The Berkeley system distribution (BSD) evolved out of AT&T UNIX. When push came to shove, the courts ruled against AT&T - the IP rights for BSD rest with the University of California. I can't imagine any IP in the original Unix that doesn't have a counterpart in the Berkeley codebase.. and the BSD license grants everyone the rights to use that IP.

    Furthermore, Microsoft would likely be a large offender of any patents. NT has a POSIX subsystem. Pretty much all of the Unix concepts (processes, pipes, files, yada yada) are present in Win32, heck, in any OS. If SCO really wanted to milk money out of this, I'd be astonished if their first move wasn't to buzz around Microsoft and catch a large cash settlement. Or attempt to be purchased.

    My bullshit meter is blowing chunks.

    1. Re:BSD? by Anonymous Coward · · Score: 0

      I can't imagine any IP in the original Unix that doesn't...

      Could you please tell us what you mean when you say IP?
      It is not clear to all of us slashdot readers in this kinda context.

    2. Re:BSD? by badger.foo · · Score: 0

      It would be safe to assume that "IP" in this case expands to "Intellectual Property", not "Internet Protocol".

      --
      -- That grumpy BSD guy - http://bsdly.blogspot.com/
    3. Re:BSD? by nochops · · Score: 1

      I love BSD, but don't know much about it's history.

      That being said, I always thought that "BSD" was short for "Berkeley Server Daemon". Am I wrong?

      --
      "A terrorist is someone who has a bomb but doesn't have an air force." -William Blum
    4. Re:BSD? by Thoguth · · Score: 1

      Furthermore, Microsoft would likely be a large offender of any patents.

      That by itself is scary. Picture this scenario: SCO finds itself clientless by virtue of its own stupidity, they go bankrupt, and MS buys it. OpenGL 2.0, anybody?

      --
      The requested URL /iframe/sig.html was not found on this server.
    5. Re:BSD? by cdrudge · · Score: 2
      Or attempt to be purchased

      Back before SCO was purchases by Caldera, Microsoft actually had a stake in SCO. I believe that it was around 12.5% of the total number of shares. I beleive that some OS tools (compiler rings a bell) still have Microsoft copyrights on them.
    6. Re:BSD? by GGardner · · Score: 2
      The Berkeley system distribution (BSD) evolved out of AT&T UNIX. When push came to shove, the courts ruled against AT&T - the IP rights for BSD rest with the University of California.

      The issue of patents was never raised in that case. At the time, there was only one patent related to Unix, the setuid patent, which is mentioned elsewhere on this page. This patent, written by Dennis Ritchie, was assigned to the public domain a long time ago.

      The BSD case involved copyright and ownership of source code -- the BSD crew started with a copyright source code base (Unix v7), and slow migrated, replacing parts until there was little left of the original. Then they wanted to give away their work, so the case involved the question of how much do you have to modify an original work to have nothing copyright left?

      My bullshit meter is blowing chunks.

      Well, yeah -- I would take this story much more seriously if there was an actual patent referenced.

    7. Re:BSD? by ameoba · · Score: 2

      Actually, BSD -was- encumbered by AT&T patents, hence the stripped-down, non-functional Net/2 release of BSD (the last one from Berkeley). The unencumbered Net/2 was where the free *BSDs started from, replacing the missing pieces with Free code.

      --
      my sig's at the bottom of the page.
    8. Re:BSD? by mwood · · Score: 1

      OTOH they could go after the distro makers, lose big time, and we wind up with (say) *Red Hat* owning what's left of SCO, including Unix(tm). Comments?

    9. Re:BSD? by sqlrob · · Score: 2
      NT has a POSIX subsystem

      NT did, 2K did. XP doesn't. The only subsystem XP has is Win32.

    10. Re:BSD? by mirabilos · · Score: 2

      Remember much of today's BSD code still is under
      the four-clause BSD licence with the advertising
      clause, which is incompatible to the GNU GPL.
      Not every author has revoked that clause, as the
      UCB - and for example the OpenBSD project leader
      Theo de Raadt refuses to remove the clause of the
      UCB code even "because you can't just edit someone
      elses' licences".
      Anyways, the Linux code is usually not
      derived from BSD code mostly because of the lawsuit,
      which may make - now - in turn the BSD be the free
      variant because the BSD are free to use the patented
      code (they got a licence from UCB and AT&T after
      the lawsuit) while Linux wrote different code but
      which infringes the patent, and since they got
      no patent licence - *boom*

      Not that it would affect me in any way... ;-)

      Plus I actually made a GNU/Linux distribution which
      uses BSD-style init system and simpleinit (from
      the linux-utils package) in mid 2000, kernel 2.0,
      libc5 (size optimized) and I'm still looking for
      enough webspace to put it online. I've not even
      had a modem back then, so I was forced to use
      the SuSE 6.1 and Debian 2.1 slink packages (I had
      the CDs).
      And there's only ONE known distro-specific bug.

      --
      My Karma isn't excellent, damn it! (And /. still does not get UTF-8 right in 2012. Wow.)
    11. Re:BSD? by untulis · · Score: 1

      Um, it would seem a little silly that if AT&T didn't license Microsoft patent rights when they licensed Unix to them to create Xenix. And equally as silly if the same didn't happen from Microsoft to SCO when SCO was founded.

      Nice article, which showed up as the first item on Google

    12. Re:BSD? by Anonymous Coward · · Score: 0

      Copyrights, not patents.

      Net/2 was encumbered for a time, and currently its legal status is questionable, but the 4.4 BSD Lite and Lite2 distributions, which current free *BSDs are based on, should be perfectly legal.

      I've seen the 4.4 BSD non-Lite sources, and the AT&T stuff is ridiculously marginal and trivial... This is only a matter of a few hundered lines of code that implement absolutely nothing special - the entire issue was very much legal nitpicking.

  54. Estimate by Lord+Sauron · · Score: 2

    Note: I've been unable to substantiate this

    Easy one. According to counter.li.org there are 18 million users. SuSEgives us " more than 15 million private and professional Linux users around the globe".

    If we consider 15 million users, we have $99 x 15M = $1.485.000.000 (one billion and a half).

    1. Re:Estimate by Anonymous Coward · · Score: 0

      I think its 96$ Per CPU, not per installation or user.

    2. Re:Estimate by CrosseyedPainless · · Score: 2

      "substantiate" != "estimate"

    3. Re:Estimate by Christopher_G_Lewis · · Score: 2

      Don't you need to do a Dr. Evil impersonation when you say that?

  55. only one patent I ever heard about by Anonymous Coward · · Score: 0

    The only UN*X patent I ever heard about was on the setuid bit. It expired years ago. Anybody know others?

  56. This is really funny by inteller · · Score: 1

    David Boies couldn't sink Microsoft, so now he's been hired to sink Linux. Hehe, I guessif you cant beat em, join em.

  57. This has to be a hoax... by AlphaMaker · · Score: 1
    Let's say for a minute that these so-called patent claims are valid. Even if that were the case, just because a site uses Linux does not mean that they would owe anything to the owners of those patents. Linux users are merely using a product which somebody else "stole". In other words, SCO would have to go after the people who wrote the code in question.

    Remember when a company called Franklin copied the Apple IIe? Apple sued and put them out of business. That didn't mean that all of the computers they had sold could not be used! Same goes for Linux users.

    Only patent infringers could be made to pay fees/royalties, not the users themselves.

    On the other hand, is it possible to infringe on a patent when the product you make is free? Does one have to profit from patent infringement for a lawsuit to be valid?

    Either way, I say this whole story is a big load of crap.

    1. Re:This has to be a hoax... by Dodecha · · Score: 1

      I agree.. I mean, how would they ever enforce this? Another thing.. When it comes to patented code, how do we know that ex. Microsoft hasn't used patented code? I know of 'roumors' concerning some code in the win32 platform, that say the code in question might be ripped off from some other system/os/whatever...

    2. Re:This has to be a hoax... by Anonymous Coward · · Score: 0

      The original Franklin Apple II clone machines were just that - clones. They even cloned the Apple-copyrighted ROMs, which is what ended them up in court, and caused them to lose. I don't think that totally killed the company though, because I seem to recall some later Franklin machines with their own ROM "BIOS", as well as PC-compatible machines bearing the Franklin name.

    3. Re:This has to be a hoax... by Anonymous Coward · · Score: 0

      Wrong, patent infringements aren't "stealing" in any sense, especially if the person creating the technology didn't know about the patent.

      Legally, I'm pretty sure that it is the distributors of the software, not the authors, who would be responsible for patent infringements, and courts would probably not enforce retroactive payments in a case where the parties in question were unaware of the patents.

      Most likely, if the claims were found to be valid, nobody would pay SCO a cent, Linux would become undistributable in the US (it would violate the GPL to have it encumbered by patents), private individuals using it would keep using it and nobody would go after them, commercial users would shy away at least temporarily and Linux developers would read the patents in question and at least try to find other methods of implementing the functionalities in question that do not violate those patents.

      If avoiding patent violations would cause serious technical compromises, this may result in a mess, because non-US users would likely want to continue using the violating technology, otherwise it'll likely just make commercial users careful about using Linux on the short term, since it would put it in a similar questionable light as the *BSDs were earlier due to AT&T copyright claims - which ironically was probably one of the factors why Linux originally gained so much popularity, it was legally "safer" at a critical time.

  58. Attention SCO: by kien · · Score: 2

    The genie has officially left the bottle. That's right; the genie has left the bottle. Move along, folks. Nothing to see here.

    --K.

    --
    Sig: Bad people happen. Try to avoid being one of them.
    1. Re:Attention SCO: by Anonymous Coward · · Score: 0

      Actually the license fee is -$99, so SCO give you $99 per CPU. ;)

  59. Score 1 for Microsoft! by mustangdavis · · Score: 2



    BTW: Good luck inforcing that!!

    It isn't like Linux distributions come with built in "spy-ware" like Windows does ...


    Way to be a kill-joy SCO/Caldera ... what ever you are called now ....

  60. If they release a linux (oh they have) by J1bber · · Score: 2, Insightful

    If SCO publish the source files for linux complete with the original GPL licence files then surely that constitutes acceptance of that licence. They have already done this so I dont see that they can say anything. IANAL but it makes sence to me.

    1. Re:If they release a linux (oh they have) by Asic+Eng · · Score: 2
      If SCO publish the source files for linux complete with the original GPL licence files then surely that constitutes acceptance of that licence.

      I'm not a lawyer either, but I doubt this is the way it works. The law treats patents like property, and deliberate violation of patents would then be similar to theft. (I'm skipping the moral side of this...) You can't really gain ownership of something stolen - legally it remains the property of the person it was stolen from.

      If you accept a ride from someone in a car, which was stolen from you a few years earlier, you do not lose the rights to that car. So similarly SCO would assert to not have realized that there was a patent violation up till now.

      I don't think the GPL helps in this case either - if the code was violating patents, then the person writing the code would not have had the right to license it. The GPL license would have been void, right from start.

      However, once you accept patents to be property, then trivial patents do morally constitute theft. They steal from the public domain. If someone readily finds the same solution to a certain problem, without having read the patent, then the patent is probably an invalid one.

      Like many here, I feel that the decision of the US to make software patentable was wrong in the first place.

  61. Gotta love her bio by beacher · · Score: 2

    Her bio
    Maureen O'Gara, Editor (Long Island, NY) ogara@g2news.com
    [snip]Since launching Unigram.X in the US, she has stalked the aisles of Uniforum with a vengeance, leaving a trail of shaking, sweating VPs of many a UNIX supplier.

    Now she haunts the corridors of the Microsoft powerbase and gives Client Server NEWS 2000 some of its sharp edge. Famous for her confrontational style in press conferences she is single-handedly the reason why most companies in the sector have abandoned having press conferences. Maureen doesn't just get stories but she gets to the heart of stories , primarily on Client Server NEWS 2000, but also on Online Reporter.

    Who knows why more journalists don't ask questions like her? But we're glad she's on our side.


    Sounds like the girl in Ferris Bueller's Day off....

    "Linux? Linux? Linux?"

    "Umm, Linux's sick. My best friend's sister's boyfriend's brother's girlfriend heard from this guy who knows this kid who's going with the girl who saw Linux Violate SCO patent issues out at Thirty-One Flavors last night. I guess it's pretty serious."

    1. Re:Gotta love her bio by Anonymous Coward · · Score: 0

      Heh. Probably Eugenia Loli-Queru's second-second-cousin...

  62. Very bad for linux -- this will only spread FUD by jay_in_pa · · Score: 1

    This is only serve to help MicroSoft spread FUD
    about Linux. Not only will it hurt SCO, it will hurt the whole of Linux and Free Software in the business world. Companies will flee from free software due to fear of lawsuits.

    Way to go SCO (thanks for nothing).

  63. What he's thinking of by kyz · · Score: 3, Insightful

    is the doctrine of laches. You can't claim back dues for patent infringement if the person you're suing honestly didn't know about your patent. This supposedly puts a stop to "submarine patents".

    --
    Does my bum look big in this?
    1. Re:What he's thinking of by JourneymanMereel · · Score: 1

      OK, so that means that SCO will have to prove that every one who they want to collect from knew that there was a patent or copyright, wouldn't it?

      --
      Life has many choices. Eternity has two. What's yours?
    2. Re:What he's thinking of by kyz · · Score: 1

      Well, yes. But it doesn't rule out them demanding licensing fees starting from the day they told everybody. They still have a valid patent (assuming that this whole story isn't a complete wind-up, which is what it sounds like to me)

      --
      Does my bum look big in this?
    3. Re:What he's thinking of by Royster · · Score: 2

      Nice link there. Unfortunately you won't get much mileage out of claiming it in a patent case. The doctrine of latches is a common law principle. As principles go, it's a good one, but you would really need to find some case law where a judge applied it.

      Patent applications can be viewed by anyone. Filing a patent puts the public on notice that a method is protected. Independant invention is not a defense to patent infringement and neither is the doctrine of latches as long as the claim for royalties does not extend too far into the past. If I tried to sue you for 15 years back use on my patent. I would be SOL becuase of this doctrine. But I can sue you for current and very recent use and future use.

      IHBT.

      --
      I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
    4. Re:What he's thinking of by juan2074 · · Score: 1

      They still have a valid patent on what, exactly? I would like to see all their supposed patents and proof of Linux violating those patents. So far, they have produced no evidence that any of their intellectual property is being used in any Linux distribution.

  64. Re:Caldera == SCO. -- Yea But by Anonymous Coward · · Score: 0

    You can play 'tetris' during the install of their distro of linux.

  65. Let them know how you feel! by Anonymous Coward · · Score: 0

    From the SCO website:

    The SCO Group
    355 South 520 West
    Suite 100
    Lindon, Utah 84042 USA
    801-765-4999 phone
    801-765-1313 fax

    Or try these people:

    Blake Stowell
    Director, Marketing Communications
    bstowell@sco.com
    801-932-5703

    Laura Sexton or Avi Dines
    Schwartz Communications
    sco@schwartz-pr.com
    781-684-0770

    Paul Hatch
    Manager, Corporate Communications
    phatch@sco.com
    801-932-5811

    Slashdot 'em!!!!! Tell them what you think of the SCO Tax!

  66. Duh? by miffo.swe · · Score: 3, Interesting

    This sounds like a scam. If the patents cover something trivial its a nobrainer to toss it out and replace it. If they cover something buried in POSIX or some wellused piping/whatever method there are surely similar functions in *BSD and MacOS X. Its perticularly interesting that they only target linux nad not the other 'nix wannabies.

    It smells funny indeed.

    --
    HTTP/1.1 400
  67. Karma Whoring by Koos+Baster · · Score: 1

    SCO can't be serious about this philanthropic gesture. ' Guess they're just karma whoring with the Linux community.

    --
    The human brain is a wonderful thing: It starts working the moment you are born, and never stops until you stand up to speak in public -- Sir George Jessel

    1. Re:Karma Whoring by haggar · · Score: 2

      I am not completely sure what you meant. Would you care to clarify a little bit? English not being my mother tongue, I might be missunderstanding the finer details of irony (if you were, in fact, ironic?).

      --
      Sigged!
    2. Re:Karma Whoring by Koos+Baster · · Score: 1

      Irony indeed: obviously, asking $96/cpu is not a clear gesture of phylantropy, and judging from other reactions on this story, SCO did not completely succee in getting *positive* attention.

      ...Or am I being the fool here - was your post meant to be ironic?!?

  68. I sincerely hope this is not true by badger.foo · · Score: 5, Interesting

    Demanding a per CPU fee from Linux users and/or distributers for alleged patent infringements would be the single most stupid thing SCO could possibly do.

    This actually reminds me of the time (1987) IBM launched their MCA bus based PS/2 line. IBM then reportedly demanded a 'per system ever produced' fee from clone makers wanting to license the MCA technology in order to make clones/compatibles. Unsurprisingly, a few months later we had the EISA bus, a few years on the MCA bus is extinct and the world runs on PCI. Strategic blunders like these have killed off large corporations in the past.

    Then again, if the real target is a certain software marketing outfit a bit further north on the US west coast, the process might reveal a few more skeletons in various corporate closets. That might of course turn interesting if you're into that sort of thing.

    --
    -- That grumpy BSD guy - http://bsdly.blogspot.com/
    1. Re:I sincerely hope this is not true by jbolden · · Score: 2

      Which BTW was a real technological pity. MCA was a much better bus that ISA and lots of problems that tooks years to fix would have been fixed. If you look for example up old PCMag reviews at the speeds on the first group of Pentium I 90mhz servers and compare the IBM machines to the non MCA systems the difference in speed and performance was striking. The difference in price was also striking which is why IBM ended up getting killed but...

  69. Re:Face it. Lawyers are out the get us. by Anonymous Coward · · Score: 0
    First the H1-B crap.

    What's the matter? Can't deal with competition when you're the underdog?

  70. SCO want some of the action! by Anonymous Coward · · Score: 0

    Yes after seeing the RIAA's servers get soddomised all week. SOC have decided to goad Linux users into doing the same to theirs. Apparently it was feeling left out.

  71. False alarm by carlos_benj · · Score: 1, Funny

    They've retained David Boies (DOJ prosecutor of Microsoft) to handle the legal issues.

    Oh, then their suit will change nothing.....

    --

    --

    As a matter of fact, I am a lawyer. But I play an actor on TV.

  72. BSD by Anonymous Coward · · Score: 0

    ...The Next Iteration Of OS Theory (TM).

  73. It's just you. by ackthpt · · Score: 2
    Is it just me, or has everyone else noticed a lack of information about this. What does the patent cover? What software does it apply to?

    #1 You don't show your cards too early if you are planning on taking on the likes of Microsoft.

    Attacking Linux distros and users would indeed be suicide. Shops which use it heavily might fork over, but you and I would be hard pressed, further, all those people who have downloaded the sources and built would be like chasing dandelion seeds.

    If it is indeed Boies then you know the target is a big one, because you don't hire a gun like him to take on pimps.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:It's just you. by Spellbinder · · Score: 0
      Instead Stowell suggested that SCO would take out after other unidentified operating systems that drive something from Unix and hinted that that might mean Microsoft itself since Boies was involved.

      it sounds like the windows ip implementation could be a target too...

      --


      stop supporting microsoft with pirating their software!!!!!
  74. Linux Business Week Runs On IIS & Access?? by wang33 · · Score: 3, Funny

    Is it just me or does something seem wrong with a linux site running IIS? here is the error i got Error Executing Database Query.
    [MERANT][SequeLink JDBC Driver][ODBCSocket][Microsoft][ODBC Microsoft Access Driver]
    Could not update; currently locked by user 'admin' on machine 'WEBSERVER'.
    The error occurred in
    E:\Inetpub\wwwroot\linux\articlenews.cfm: line 200
    198 :
    199 :
    200 : cellpadding=0>
    201 :
    202 :
    SQL
    update linuxArticles SET hits = '616' where ID = 381
    DATASOURCE
    content
    VENDORERRORCODE
    -1102
    SQLSTATE
    HY000



    Looks like access lasted longer than some sites with mysql db's there were 80 comments before i got this error. I have seen mysql go down stop accepting requests in under 50 comments.


    Wang33

    --
    PAGERANK++ Robsell.com
    1. Re:Linux Business Week Runs On IIS & Access?? by Dodecha · · Score: 1

      Heh, i Linux site running IIS.. bah... thy shall stay true to the penguin!!

  75. Re:My date m(a)y be set wrong.. by metacosm · · Score: 2

    s/my/may

    I think most people realized this, but just in case. :)

  76. Redhat Patents by Aknaton · · Score: 3, Interesting

    If you read the article, it says that RedHat is starting to aquire patents as well.

    Now, I have no doubt that Redhat is doing this for the good of the Linux community but Redhat is a publicly traded company, is it not? All it would take is a corporate takeover/merger and all those good intentions could be out the window.

    It would be wise to keep GNU/Linux patent free, even if the patent is owned by Redhat.

    1. Re:Redhat Patents by evilviper · · Score: 2

      RedHat granted the right to use their patents in GPL'd software, and they can't take that back. The reason we see crap like the GIF & MP3 problems is that nobody was given rights to use the patent, it just wasn't enforced previously.

      Besides, their release of software under the GPL which utilizes their patents implies that they are giving royalty-free use of their patents to users of the software. If not, by the terms of the GPL, they would not be allowed to even release it.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    2. Re:Redhat Patents by mOdQuArK! · · Score: 3, Informative

      That would be bad for RedHat, since their entire software portfolio is based on GPLed software. If they tried to enforce any of their patents, then they would lose the right to distribute any of their software (given an appropriate legal followthrough by GPL advocates, of course).

      The only reason that acquiring patents is useful to RedHat is for defensive purposes.

    3. Re:Redhat Patents by Rogerborg · · Score: 2

      "RedHat granted the right to use their patents in GPL'd software, and they can't take that back."

      The hell they did, and the hell they can't.

      Read the actual policy, and be sure to take a copy, because it's ephemeral. I'll spell it out for you.

      "Red Hat agrees to refrain from enforcing the infringed patent against such party for such [open source] exercise ("Our Promise")"

      That's it. That's the whole promise. Not "licenses", not "refrain in perpetuity", not "and has accounted for this promise as a fiduciary liability and an entailment on any future sale of Red Hat".

      It's merely a statement that Red Hat won't sue you today. That's all. If you want to argue that it's more than that, or that it's binding, or that it'll be binding when Microsoft buys them out, get yourself a good lawyer, because you'll need him.

      --
      If you were blocking sigs, you wouldn't have to read this.
    4. Re:Redhat Patents by Rogerborg · · Score: 2

      "The only reason that acquiring patents is useful to RedHat is for defensive purposes."

      The other reason is to make them an attractive purchase for Microsoft. When they're bought out, do you think Microsoft will:

      A: honour their non-binding non-promise to not pursue the patents that they explicitely have not licensed.
      B: tear up the non-promise and pursue the patents.
      C: scream with maniacal laughter, tear up the non-promise and pursue the patents.

      Patents are evil. Red Hat are creating more evil, and they're infecting GPL source with it. They're fools, and I'll have your apology on the day that Microsoft buy them from the receivers.

      --
      If you were blocking sigs, you wouldn't have to read this.
    5. Re:Redhat Patents by evilviper · · Score: 2

      According to the GPL, by releasing the softwore under the GPL despite their patents, they are stating that they will: ``permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through [them]", or else they could not release the software under the GPL at all.

      In addition, since RedHat, in writing even, told the world that they would be allowed to use the patents, that is not something they can take back. It's not *quite* a contract, but close to it, and (most certainly) binding. Have you ever heard of ``express, written, consent"?

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    6. Re:Redhat Patents by Rogerborg · · Score: 2

      Infer whatever you like. But if they mean that, why don't they just say that?

      For example, say that we're "allowed to use" the patented IP? They explicitely say that we're not, that we "infringing". However, they won't sue (today) because of that infringement. That's not "allowed to use", that's "we'll tolerate your abuse".

      Remind me to say "I told you so" when they go Chapter 7.

      --
      If you were blocking sigs, you wouldn't have to read this.
    7. Re:Redhat Patents by evilviper · · Score: 2
      if they mean that, why don't they just say that?

      Because this is a legal document we are talking about... not a layman, over-simplified summary.

      They explicitely say that we're not, that we "infringing".

      Infringing isn't a bad word (although it is comonly used as such). They are using the word simply to signify any uses that their patent covers. As I said, it's a legal document, not meant to be layman friendly.

      Remind me to say "I told you so" when they go Chapter 7.

      No matter what happens, they still can't withdraw their offer, so all that software will continue to be GPL'd and free to use. Even if you want to claim that their statement (where they allow open source use) isn't binding just because you don't like how it is worded, they would still be bound by the GPL itself. That's double the protection in my book.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    8. Re:Redhat Patents by fferreres · · Score: 2

      Not 100% accurate. You are assuming the buyer of Red Hat expects to keep profit from selling their distribution. They might as well buy Red Hat in an attempt to hamper linux's future, missusing the patents and forcing many companies to stop using Linux.

      Destructive buyouts are not _that_ rare...

      --
      unfinished: (adj.)
  77. Is it just me?? by Restil · · Score: 2

    I've noticed two articles this morning that come with disclaimers. Been had by one hoax too many perhaps?

    -Restil

    --
    Play with my webcams and lights here
  78. And how exactly... by Anonymous Coward · · Score: 0

    Are SCO going to find out that I'm using Linux on my machines?

    I don't live in the USA anyway, so I don't really care. But it's not like I signed an agreement with SCO when I installed my favourite distribution of Linux.

    Although, I do question the legality of the MS EULA.

    Anyway, this seems too much like a hoax. And very bad business sense for SCO.

  79. SCO Desperation by oldstrat · · Score: 1


    This is a sure sign of the end times.
    The end times for Novell/SCO.

    A quick look at SCO's financials show that the company of under 600 employees is bleeding red, and it's stock is hovering around $1.30usd a share, if it falls under $1.00usd it could be delisted and that would spell the end for financing.

    I didn't investigate what the companies debt load it, but I can guarentee, like almost every other legacy IT coperation, they are loaded heavy from the past.

    As for claims to any of the Linux IP, they are going to have to contend with HP, IBM, SUN, in addition to Red Hat and the Monster from Redmond.

    Nope, they may make a fuss, but I suspect that the 2 and 3 letter name OS makers will be on this in a blink.

    Bye Bye SCO

  80. O'Gara strikes again by h00pla · · Score: 4, Interesting
    O'Gara has a reputation for publishing stories that smell a little bad. Here's an example

    --
    I've been swashdotted -- Elmer Fudd
  81. setuid is patented; anything similar? by Lumpish+Scholar · · Score: 5, Interesting

    Bell Telephone Laboratories was issued a patent in 1979 for the setuid (set user ID) bit in the Unix file system. This patent was no doubt transferred along with the rest of "Unix," from AT&T to Unix International to Novell to SCO.

    This patent was never enforced, and should have expired by now. Hypothetically, there could be some other similar intellectual propery "landmines" in the very specification of Unix-like systems.

    Just FYI; the story sounds like FUD to me.

    --
    Stupid job ads, weird spam, occasional insight at
    1. Re:setuid is patented; anything similar? by thogard · · Score: 5, Interesting

      AT&T may have patents to the /proc file system concept but I know about published prior art as well as one of the people who came up with the idea.

      There is the issue of how thouse rights were transferred. As far as I know, no part of AT&T gave up any rights to any of it patents when they were split up. What they gave up was rights to some markets. I suspect tring to get SBC to pay for a license to use an old AT&T patent would be pointless.

      There is also the issue that Sun owns all the rights to all of Unix as well. When things started going bad for SCO (or was it novel or whoever), they bought a non-exclusive right to everything. Since they helped develop System V, they are in a very good position to keep themselves covered in this case.

      Of course the all new code could be written released under a new license. One that specificly excludes all rights to use the software from any company that has ever brought a patent suit aginst anyone. That would be an interesting twist. The concept goes aginst free software in a bad way but its the only big stick free software has left and it will be needed if the dmca line nonsense keeps going on.

    2. Re:setuid is patented; anything similar? by alangmead · · Score: 5, Informative

      AT&T assigned the setuid patent to the public domain. I can see a reference to it here among other places.

  82. Re:My date m(a)y be set wrong.. by Anonymous Coward · · Score: 0, Funny

    => May date my be set wrong?

  83. DMCA violation by Smallpond · · Score: 1


    It sounds to me like SCO must have decrypted the Linux source code
    (which is cleverly encrypted as ASCII text). Seems like a
    countersuit based on DMCA violation is in order.

  84. section 7 doesn't fly by The+Pim · · Score: 5, Insightful
    Sorry (sort of) to turn this into a GPL thread, but I have a major beef with section 7.

    For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

    But the GPL requires not only the freedom to redistribute, but to distribute arbitrary derived works. So really, the above should read "... would not permit royalty-free distribution of arbitrary derived works". But this is clearly nonsense: If I added one-click shopping to GNU ls, I would not have a license to distribute the result. So by section 7, nobody can distribute GNU ls under the GPL.

    There are many other scenarios in which the claims of section 7 are rendered absurd. Consider the impact on those outside of the jurisdiction in which the patent applies; the hypothetical rogue nation that outlaws GPLed software; the employee whose contract prohibits him from contributing to certain free software projects. The requirement that "all those who receive copies directly or indirectly" be able to exercise their GPL rights is ludicrously onerous.

    Regarding the parent's main point: I certainly believe that SCO itself is prohibited from distributing GPLed software on which it has patents, unless they also give everyone a free, perpetual license to the patent for GPLed software. Otherwise, they would not really be giving others the freedoms that they say (via the GPL) they are giving. Since they have distributed Linux, that alone is enough to thwart the rumored patent attack.

    --

    The evaluation of an action as 'practical' . . . depends on what it is that one wishes to practice.
    1. Re:section 7 doesn't fly by Ami+Ganguli · · Score: 5, Insightful

      While the GPL in general requires that the code can be arbitrarily modified, that's not the language of this particular clause. You're reading something in that just isn't there. This clause simply says "royalty free".

      The rogue nation idea is hypothetical, and certainly you'd never get a court in a non-rogue nation to take the rogue nation's law into account.

      If the employee can't contribute to the project, that's fine, he can still redistribute. That satisfies section 7.

      It seems to me you've constructed a straw man that doesn't accurately reflect what the GPL says.

      --
      It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail. - Abraham Maslow
    2. Re:section 7 doesn't fly by The+Pim · · Score: 2
      While the GPL in general requires that the code can be arbitrarily modified, that's not the language of this particular clause. You're reading something in that just isn't there. This clause simply says "royalty free".

      First of all, the quoted clause was a "for example". So it is clearly an instance of a more general principle. If you read the whole paragraph, it is clear that the general principle is that all recipients must be able to exercise all of the rights granted by the GPL. If you don't agree, tell me what is the general principle of which the "for example" is an instance. The logic is fuzzy here, but that is the only way I can read it. For reference, here is the paragraph:

      7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

      Second,

      This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
      So it doesn't make any sense for section 7 to apply to only some of the rights (ie, the right to redistribute) granted by the GPL.

      Since the only part of section 7 that refers specifically to redistribution is a "for example", I can only include that the intent of the whole section is that it apply to all rights granted by the GPL. This of course includes distribution of derived works.

      --

      The evaluation of an action as 'practical' . . . depends on what it is that one wishes to practice.
    3. Re:section 7 doesn't fly by ReelOddeeo · · Score: 2

      Since they have distributed Linux, that alone is enough to thwart the rumored patent attack.

      Not necessarily true. IF SCO is doing the rumored patent attack, then they lose their GPL distribution rights. That's all. By not having any other license under which they can legally distribute GNU software, including Linux, then it would be up to the individual copyright holders of various GPL software to then sue SCO for copyright violation. As part of a copyright suit, one of the big issues would be, copyright holders would have to proove damages. Using the term You to address a hyopthetical individual copyright holder in, say, the kernel... Just how much are You damaged by SCO violating your copyright and distributing Linux without any valid licence to copy a copyrighted work? Probably not much. You could probably get an injunction to get them to stop, but that's probably about it.

      In summary, it is probably much more profitable for SCO to collect $99 from every Linux box than to be distributing Linux (or any other GPL software) themselves if it comes down to a choice between the two.

      --

      Those who would give up liberty in exchange for security and DRM should switch to Microsoft Palladium!
    4. Re:section 7 doesn't fly by Ami+Ganguli · · Score: 2

      Ok... if I squint and read the passage over repeatedly, I think I understand what you're getting at, but I still don't agree with your interpretation.

      You're reading this as saying that I must take responsibility for all those who might receive the application as a result of my passing it on (the "indirectly" part) and if any of those people are in any way prohibited from exercising all the rights granted by the GPL, then I can't redistribute the software.

      I think you're placing too much importance on the word "indirectly". It could be interpreted in a few ways, and your interpretration is pretty broad. In any case, the "indirectly" part is also only part of the example, so we have to back to the original sentence to see what this is an example of.

      The original sentence says that I cannot place any additional (outside the GPL) restrictions the software when I redistribute it. If I'm compelled to place additional restrictions on the software, then I can't redistribute it at all.

      Note that the main clause doesn't deal with outside restrictions placed on recipient that aren't placed also placed on me. It's about what happens if a court tells me I'm not allowed to distribute under the terms of the GPL.

      Read in the context of the first sentence, the more likely interpretation of the example is: if the court tells me I'm allowed to give away the software, but I have to impose additional conditions on people who don't receive the software directly from me (those who receive the software "indirectly") then I'm not allowed to distribute the software at all.

      --
      It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail. - Abraham Maslow
    5. Re:section 7 doesn't fly by The+Pim · · Score: 2
      Not necessarily true. IF SCO is doing the rumored patent attack, then they lose their GPL distribution rights. That's all.

      You may possibly be right. But I believe a court would find that SCO's past distribution of Linux implied a (perpetual) license to their patents. So we can go on distributing Linux royalty-free under that license.

      If a court ruled otherwise, the situation would be as you say.

      --

      The evaluation of an action as 'practical' . . . depends on what it is that one wishes to practice.
    6. Re:section 7 doesn't fly by mjh · · Score: 2
      IANAL, so please help me understand what you're saying.

      But the GPL requires not only the freedom to redistribute, but to distribute arbitrary derived works. So really, the above should read "... would not permit royalty-free distribution of arbitrary derived works".

      The GPL does not require the ability to redistributed "arbitrarily" derived works. That would imply that any derived work can be redistributed. But it can't. Specifically, if the derived work includes patent incumberences, then it can't be distributed.

      That's the point of this clause.

      But this is clearly nonsense: If I added one-click shopping to GNU ls, I would not have a license to distribute the result. So by section 7, nobody can distribute GNU ls under the GPL.

      I don't see how you're not being able to distribute "one-click GNU ls" means that no one can distribute GNU ls under the GPL.

      The license permits you (and anyone for that matter) to distribute unmodified GNU ls. It also permits you to distribute modified GNU ls if those modifications are also covered by the GPL. Those modifications may be covered by the GPL if they do not include patent incumberences.

      IANAL, but this seems pretty simple to me. Am I misunderstanding what you're saying?

      --
      Key to financial independence: Spend less than you earn. Save and invest the difference. Do it for a long time.
    7. Re:section 7 doesn't fly by The+Pim · · Score: 2
      if I squint and read the passage over repeatedly, I think I understand what you're getting at

      I appreciate your effort. :-)

      You're reading this as saying that I must take responsibility for all those who might receive the application

      Exactly--or rather, that section 7 claims you must take this responsibility. Which is absurd. So I conclude that "section 7 doesn't fly".

      Read in the context of the first sentence, the more likely interpretation of the example is: if the court tells me I'm allowed to give away the software, but I have to impose additional conditions on people who don't receive the software directly from me (those who receive the software "indirectly") then I'm not allowed to distribute the software at all.

      This is utterly sensible. It just doesn't seem to agree with the "for example". Maybe I'm misreading the "for example", but it seems pretty unambiguous to me. Anyway, I would be happy to agree with you and ignore the example as non-normative, except ...

      The real context for my criticism is the FSF's claims regarding the proposed W3C patent policy. Their position seems clearly to assume the "strong" interpretation of the example. (I have emailed the FSF about this and gotten no reply.)

      This issue doesn't have much bearing on the SCO story (which I probably should have stated up front). At least, not for Americans, who wouldn't be able to distribute Linux without a patent license from SCO, plain and simple. Though the strong reading of section 7 would imply that even those outside the jurisdiction of the patent could not distribute under the GPL.

      --

      The evaluation of an action as 'practical' . . . depends on what it is that one wishes to practice.
    8. Re:section 7 doesn't fly by The+Pim · · Score: 2
      The GPL does not require the ability to redistributed "arbitrarily" derived works. That would imply that any derived work can be redistributed. But it can't. Specifically, if the derived work includes patent incumberences, then it can't be distributed.

      That's exactly what I'm saying. But the original poster--and, more importantly, the FSF--seem to look at it the other way. That is, if some recipient might not be able to exercise all his GPL rights, you can't distribute under the GPL at all.

      I can't come up with a consistent reading of section 7 that makes any sense. Some have said it's only about ensuring that recipients can redistribute. But that would be strange, because the GPL considers the freedom to redistribute, without the freedom to distribute derivative works, insufficient. Besides, that's not what the FSF argues in the link I gave.

      So my conclusion is that the example in section 7 is simply bogus and should be ignored. You don't have to worry about what laws, licenses, and contracts bind the recipients in order to distribute under the GPL.

      --

      The evaluation of an action as 'practical' . . . depends on what it is that one wishes to practice.
    9. Re:section 7 doesn't fly by Rogerborg · · Score: 2

      You go ahead and believe that. Until I see it writ large and unappealed, I'm staying in full cynicicism mode, and when Red Hat - or their future owners - renege on their promise to not pursue patent licenses for GPL uses of their IP, I'll be right there saying "Told you so", just as I'm right here saying it now about SCO.

      --
      If you were blocking sigs, you wouldn't have to read this.
    10. Re:section 7 doesn't fly by Ami+Ganguli · · Score: 2

      Hmmm. Yeah, I have to agree with you about the linked the FSF document. But I don't see how the FSF's interpretation, as presented in the document, matches the license.

      It's different if you wrote the code - that part from the FSF document makes sense. And I think that will burn SCO - there's bound to be some code in Linux that they (as Caldera) wrote, so they've licensed that code under GPL. Surely they can't place additional restrictions on their license now.

      But the bit about not being to redistribute code because somebody might make a patent claim against the recipient doesn't make any sense to me. But of course, I'm not a lawyer.

      --
      It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail. - Abraham Maslow
  85. Sounds like IPFILTER to me by NormanICE · · Score: 1

    So, what will happen, if this is true, is that the SCO code will be ripped from the distros and a new POSIX layer introduced.

  86. Patents expired? by WarpedMind · · Score: 3, Interesting

    I thought patents were only enforcable for a specific length of time. 7 or 20 years are the numbers sticking in my mind. Given that Linux is over 10 years old and I believe the AT&T code which Novell and then SCO owned is even older than that, wouldn't any patent claim be in effect mute.

    Copyright lasts much longer, too long at 95 years past the death of the original author. But that is already being litegated at the US Supreme Court.

    If there is anything substantive about this, I wouldn't be surprised if Microsoft was sitting in the SCO boardroom within hours with a nice check for a billion dollars.

    1. Re:Patents expired? by Anonymous Coward · · Score: 0

      "wouldn't any patent claim be in effect mute."

      I believe you mean moot not mute. Mute means unable to speak. Moot means "yes you are right, but it doesn't matter anymore, so forget about it".

  87. And who gets to count the cpus? by surprise_audit · · Score: 5, Interesting
    Seriously, who counts how many cpus I'm running Linux on?

    I've got a couple of PCs at home that mostly run Win98, but sometimes run Linux, and some at work too. OK, so maybe the Business Software Alliance could come around demanding to see what I'm running at home, but they won't get within 100yards of where I work. Secure underground bunkers with multiple card-access locks on the grounds of an airport. I must admit it would be kind of funny to watch the Pinkerton rent-a-cops call out Homeland Security to detain the BSA goons...

    Count the downloads, maybe? Nope, that won't work either. I've downloaded some distros I've never used, and I've seen burned copies of downloads passed around and copied by multiple people.

    So, again, who counts how many cpus any given person is running Linux on? My boxes at home are behind a firewall doing NAT and hiding all the usual ports, so good luck fingerprinting that...

    1. Re:And who gets to count the cpus? by Anonymous Coward · · Score: 0

      more to the point what happens if you run

      Linux and then 10 versions of
      http://user-mode-linux.sf.net/

      since its ported to the libc arch do you get charged
      for $96 * 11 ?

    2. Re:And who gets to count the cpus? by surprise_audit · · Score: 5, Insightful

      Suppose I've got a Win98 PC running Linux in a Bochs x86 emulator. Would I be expected to fork over money for the virtual cpu, or the real cpu? What if I run several copies of Bochs at the same time?

    3. Re:And who gets to count the cpus? by Turbyne · · Score: 1

      Then it goes by RIAA math.

      --
      ~A'Ëq'i4d)^'$ÊSÈòB
  88. Conspiracy theory...? by DChristensen · · Score: 1

    Maybe there's a big up-and-coming UNIX vendor they're really wanting to target who has deeper pockets than RedHat, SuSE and the rest combined, some one like, oh I don't know...APPLE!
    </conspiracy theory>

    Seriously though, what if there's some UNIX quibble with Apple? Sounds like an extortion racket no matter what way it goes....

    --

    --
    Mac OS X--Unix without the assholes^Whassles.

  89. I smell a purchased rat by ChaoticCoyote · · Score: 2

    Okay, so the conspiratorialist in me is alive and well this morning -- but this whole thing sounds suspicicious.

    Remember that Microsoft once had a version of Unix, named Xenix, licensed from AT&T and developed by -- you guessed it, the original SCO. Caldera bought SCO, and the combined entity is known by the "SCO Group" moniker.

    Microsoft recently went through a nasty court battle, in which lawyer Boies did a piss-poor job for the U.S. government in pressing anti-trust violations against Redmond. Now this same Boies has set his sights on Linux through a company that has tried to apply Microsoft-like marketing to selling Linux and Unix.

    FUD is on the loose here. The SCO Group may think this will drive Linux user into buying their over-priced product -- or they could be shilling for Microsoft. The best way to defeat an enemy is to make him a friend -- and it is awfully suspicious that a lawyer (Boies) would go from a wussy prosecution of Microsoft to actually helping attack Linux.

    In any case, this should not be taken lightly; the U.S. legal system is no longer rational, and Boies might find some judge who will ignorantly rule that Linux is somehow "illegal" for patent violations. Stupider things have happened in our court rooms...

  90. This is extortion? by God!+Awful+2 · · Score: 1


    Sources say the scheme, which pretty much sounds like a protection racket - we won't sue if you pay

    Uhh... spare me the hyperbole, but this is hardly a protection racket. In fact, this is just standard legal procedure: Settle out of court and get a better deal; wait for the verdict and you take your chances.

    -a

  91. we need to approach this carefully... by Anonymous Coward · · Score: 0

    look and see if we have any SCO code.. and if we do, remove it...

    if we dont..... we collectively need to crush SCO like the cockroach they are....

    redhat and the rest of us need to mount a evil-mean hearted smear campain, everyone attack SCO as the devil that is worse than microsoft. and go for a goal that they file chapter 11 liquidation before november..

  92. So sue me by Anonymous Coward · · Score: 0


    what are they going todo sue me for the price
    of $96 and since its in america i guess it doesnt
    effect me. /me give SCO the finger

    so what patent does it break ?
    they dont give us that info because by tomorrow
    the code will be patched out of the kernel :P

  93. Can we countersue? by Stonent1 · · Score: 2

    Since SCO = Caldera can any of us sue "Caldera" for not disclosing this to anyone who bought a retail box version of Caldera Linux during the time period in which they owned the rights to SCO?

  94. Lets say this is true: by Anonymous Coward · · Score: 0

    For a moment, lets say its true. Lets ignore how they are going to collect.

    The BSD's have a free pass on this one. The peoples Republic of Berkley reached a settlement with Novell (who sold the rights to SCO).

    Well written UNIX^H^H^H^HGNU/Linux programs are portable, thus run on platforms like FreeBSD.

  95. Are patents a DMCA infringement? by mangu · · Score: 1

    Put it that way, it seems like those software patents are being used primarily to circumvent the GPL copyrights.

    1. Re:Are patents a DMCA infringement? by mark-t · · Score: 2
      hehheh...

      Nice try, but no. The patents in question existed before the infringing code, so there is nothing to substantiate that their primary purpose was to defeat the copyright on that code.

  96. Was I the only one who read THIS part? by DaBj · · Score: 5, Informative
    Stowell also denied that SCO would target other Linux distributions, basically suggesting that it would be suicide for SCO to do such a thing. "Microsoft would love to see that happen," he said. Instead Stowell suggested that SCO would take out after other unidentified operating systems that drive something from Unix and hinted that that might mean Microsoft itself since Boies was involved.


    He says it himself that he knows it would be suicide, and hints that it might actually be Microsoft who is the target.
    --
    "GNU's not Unix....it's Linux" / Kami "kokamomi" Petersen
    1. Re:Was I the only one who read THIS part? by CBravo · · Score: 1

      Maybe it is meant to stop Microsoft releasing its Linux version :-)

      --
      nosig today
  97. Berkeley Software Distribution by Anonymous Coward · · Score: 0

    n/t.

  98. /. Rumors for Nerds. Stuff that DOESN'T Matter! by crovira · · Score: 2

    Get some substantiation and get back to me. Until then... What is this www.MOSR.com? Just mod trolls down and reject rumors.

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  99. Re:"And replace" by Lord+Bitman · · Score: 3, Insightful

    Tossing something patented and replacing it with something that does the same thing... doesnt work. Only a wheel has the function of a wheel.

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
  100. I guess it is time to pay-up . . . by Idou · · Score: 3, Interesting

    to my favorite software patent fighting organization!

    --
    Sdelat' Ameriku velikoy Snova!
  101. This is...bullshit, that's what it is. by TWX_the_Linux_Zealot · · Score: 2

    "How does core Unix IP have anything to do with Linux?"

    Based on what is described, they are arguing that running a System V based implementation, which is a function-a-like of SCO UNIX, is a violation of software patent. I'd imagine that they'd argue that things like the init structure, command structure and function, and other aspects that are similar to System V as implemented in Linux are intentional and violatory copies of their intellectual property, and have hurt their business.

    Should such a case proceed, it'll be interesting to see what kind of arguments and outcomes occur, since Linux has been historically stated to be a re-implementation of Minix, and not solely based on System V (I mean, Slackware uses BSD init even), so they may not have much of an argument to stand on.

    Beyond that, since the kernel and structure is all open source, they've had YEARS to attempt something, with their full knowledge of what was going on in the Linux community, and they've waited until now, a full decade after Linux became a stable OS.

    The other thing that they're not properly considering is that if they attempt to pursue this, all that people have to do is change how Apache, or whatever other software they're going to attempt to use to prove that someone's running Linux, to report something else, like unknown, which leaves the burden on SCO, not on the user, to prove what is running.

    --

    IBM had PL/1, with syntax worse than JOSS,
    And everywhere the language went, it was a total loss...
    1. Re:This is...bullshit, that's what it is. by Anonymous Coward · · Score: 0

      Well now they have a problem, don't they? If that is what they are claiming, then it is fairly obvious that POSIX, which essentially codifies 90% of the SystemV API's, has been around from the late 80's. They wern't inforcing their patent then, when they were fully aware of it. There may also have been a requirement that any member of the POSIX working group disclose patents, which they clearly could not have done, or they would not now be attempting a submarine on Linux.

      Why not go after the big fish, SCO? Come on, WindowsNT has a POSIX API, too. As does HP-UX and Solaris. Ditto MacOS X. What about them?

  102. Wait and see. by jensend · · Score: 2
    Stowell also denied that SCO would target other Linux distributions, basically suggesting that it would be suicide for SCO to do such a thing. "Microsoft would love to see that happen," he said. Instead Stowell suggested that SCO would take out after other unidentified operating systems that drive something from Unix and hinted that that might mean Microsoft itself since Boies was involved.
    I say wait and see what they're really doing and avoid jumping to conclusions, especially conclusions based on an article which contains so much unconfirmed speculation. I doubt Caldera would really go around trying to bring down other distributions with a patent attack.
  103. Tactical nukes are nothing magical by Anonymous Coward · · Score: 0
    A kiloton nuclear device like a nuclear artillery shell is just a lot of energy delivered in a small package. It's nothing magical. More explosives were routinely dropped on cities during bomber raids in WWII.

    Modern US tactical nukes are even engineered to be extremely "clean" (falloutwise) both to improve the efficiency and to facilitate rapid occupation of the target area by the ground troops.

  104. anthrax-killer" type ploy (OT) by Rooktoven · · Score: 1

    Has there been anything linking the anthrax scare to interests outside the US. most evidence would indicate that the anthrax sent came from the US's own supply. Now it _may_ fall under the realm of terrorism, but it is pretty much established it didn't come from al-quaeda (or Iraq) for that matter.

    Check this Federation of American Scientists Chemical and Biological Arms Controllink for the most complete documentation you will find on the issue.

    You may also want to ask yourself why the Bush administration didn't downplay the anthrax threat. (Plausible answer-- it would lessen the nation's fear factor...)

    --

    Acquiescence leads to obliteration
  105. What a farce by pbrammer · · Score: 1

    Because Linux is a kernel, how can they go after the distributions like Red Hat? Wouldn't they HAVE to go after Linus and team?

    Just another reason why my vote is for the 'this is a hoax' option.

  106. SCO-bits in Linux?!?!?! by WheelDweller · · Score: 1

    Oh, my God. Tell me where- tell me where! I want to kill it before it grows!

    No, wait- SCO _doesn't_ grow. It's the same product it was in 1989, aside from some cryptic bugfixes.

    Well, if this is real, then SCO can kiss my ass. I'll send THEM a bill for all the wasted hours trying to make their laughable OS do modern things before I became aware of Linux.

    Maybe they just figure they can get some income from _somewhere_... ...if it's real.

    --
    --- For a good time mail uce@ftc.gov
  107. is it slashdot or linuxbusinessweek.com? by jigglebot · · Score: 1

    Buried within all the froth and unsubstantiated hype, comments from a named/informed source suggest that the real target may be Microsoft, not Linux. Slashdot editors appear to be every bit as stupid as they are given credit for.

  108. United Linux by Anonymous Coward · · Score: 0
    It seems that United Linux isn't really breaking into Red Hat's leadership in the Linux World and now they try this desperate suit.


    The only reason the decided to split SCO from Caldera was to prevent a major public relations flop for Caldera, but anybody with a 10%QI can see this was very well planned in advance.

  109. Putting on my TFH by karlandtanya · · Score: 4, Insightful
    "Anonymous Insiders"...

    Hmmm... that's real reliable.

    Let's assume for the sake of discussion that they're really doing this. Why? They don't have the muscle to pursue *all* the violators. And if they did, there would be serious impact to infrastructure. Aren't there one or two or more "CPUs" critical to the internet running GNU/Linux?

    So, we also have to assume that SCO doesn't care about the potential impact to the community (not the "Linux community"; the community). And we also have to assume that they don't care about the logistical nightmare of effectively enforcing their alleged patent.

    Maybe they're hoping some big organization that has an ideological problem with Linux will buy SCO (and the alleged patent), and enforce it?

    If we assume all that, then we can conclude that SCO is ready to throw in the towel. What has happened when the sort of company that might buy this alleged patent for the purposes above actually does so? You can reasonably expect that company act like a wolverine that's found a cache of food.

    C'est la guerre.

    --
    "Reality is that which, when you stop believing in it, doesn't go away." - Philip K. Dick
  110. Foolish companies by Compulawyer · · Score: 2
    Any company (or individual, for that matter) that/who agrees to pay for a license without looking at what patents (more specifically, what claims of those patents) are going to be asserted and whether it/they actually infringe those claims is foolish.

    On a related point, if you agree to a license and later find out that your system does not infringe, there is nothing you can do. You can't sue because you agreed to take a license. You can't even sue to invalidate the patent because of a principle called licensee estoppel - it means that once you take a license, you are foreclosed from claiming that there is nothing to license (i.e., the patent is invalid so there is no property right to license).

    The moral of the story is to spend some time in advance doing your homework. Threats of "you can pay a little for a license now or pay a lot for one later, if I decide to license it to you at all" are designed to do one thing - keep you from doing your homework.

    --

    Laws affecting technology will always be bad until enough techies become lawyers.

  111. protection racket by Anonymous Coward · · Score: 0

    Its not blackmail. The author says its a protection racket.

    "we sue if you don't pay".

    Wait a minute, all civil litigation basically boils down to this.

    Then by golly, all civil litigation is merely a form of a "racket"

    Lets sue all civil plaintiffs under RICO.

    Wait a minute, if we sue in a civil court then we are "racketeering".

    Lets just sue ourselves goddamnit and be over with it.

  112. sortof offtopic i know but... by Anonymous Coward · · Score: 0

    In the article it mentions lack of EU software patents... does this mean that if in Europe, anyone could (currently) write software mechanisms similar to ones patented elsewhere (eg: adobe palettes etc) without fear of reprisal?

    1. Re:sortof offtopic i know but... by hughk · · Score: 2
      Yes, but you can't sell whatever resulted in the US. This is a serious limitation in a business where the US accounts for a large share of sales.

      OTOH, it is kind of useful for Open Source because you can develop something outside the US that may leak back there without fear of reprisal. The only things is, that can't then expect whatver you produce to be placed on a major distribution.

      --
      See my journal, I write things there
  113. CONFIG_SYSVIPC? by tjw · · Score: 2, Interesting
    System 5 for Linux software
    Is this CONFIG_SYSVIPC in the Linux kernel?

    Inter Process Communication is a suite of library functions and system calls which let processes (running programs) synchronize and exchange information. It is generally considered to be a good thing, and some programs won't run unless you say Y here. In particular, if you want to run the DOS emulator dosemu under Linux (read the DOSEMU-HOWTO, available from ), you'll need to say Y here.
    --

    XJS*C4JDBQADN1.NSBN3*2IDNEN*GTUBE-STANDARD-ANTI-UB E-TEST-EMAIL*C.34X
  114. Wow by autopr0n · · Score: 1

    A slashdot editor actualy taking the time to check up on a contraversial story? Amazing. But Hemos always was the only smart one.

    Oh, and you can always tell when a company is dead when the stop putting out products and start suing...

    --
    autopr0n is like, down and stuff.
  115. A flaw in your argument by TWX_the_Linux_Zealot · · Score: 2

    The points being made by the SCO people, assuming they're real, is that specifically the System V implementation is the problem. MacOSX is based on NeXT, which is based on BSD, which is a different development strain from System V, going way back. If they took on this to take on Apple, they'd also be taking on BSDi, who have had commercial UNIX platforms for so long that they'd totally get their asses whooped.

    --

    IBM had PL/1, with syntax worse than JOSS,
    And everywhere the language went, it was a total loss...
    1. Re:A flaw in your argument by rodgerd · · Score: 2

      Doesn't matter where the code base was derived. It it uses the same mechanism, it's a patent violation.

  116. David Boies... by ausoleil · · Score: 1

    If Boies "saves" SCO as well as he saved Napster, then there is nothing at all to worry about.

    Moreover, at the end of the day, what did he really "win" from Microsoft?

  117. What is SCO? What's it got to do with Linux? by Anonymous Coward · · Score: 0

    What is SCO? What's it got to do with Linux? What patents are we talking about, here?

  118. The fire is here, but where is the smoke? by Ektanoor · · Score: 5, Interesting

    Well SCO aka Caldera is an enterprise with a long Linux tradition. I may dislike it more than like it, but this is more a question of taste and preferences. Anyway, one shall take into consideration that SCO, today, combines one of the oldest Linux distributors + the most traditionalist Unix developer.For such a company to come up and try a suicide move like the one shown in the article is rather irrational. True, there have been such cases, when companies change hands and new management gets nuts and the company burns to flames. But, as far as I remember, it was Caldera who bought the remains of SCO. Considering that this company was created by one of the most mature figures of software, and a full-hearted anti-MS partisan - Ray Noorda, I really wonder how serious this story can be.

    Besides, the story itself, is full of foggy statements. Many already referred the strange chain of anonymous sources that broke things to the newsrooms. But there are many other foggy moments.

    First is the price tags - 96, 99, 149 per cpu. For anyone who knows how Linux is deployed, one can really wonder how they could be planning for such BS.

    Then we read: Users of SCO Linux would get a free System 5 license. They would also have the free right to run SCO Unix apps on Linux. So... Are we talking about Linux or SCO Linux?

    Then, we have this weird statement on pressing charges: Presumably this means Red Hat, Sun Microsystems, and maybe even SCO's United Linux partners SuSE, TurboLinux, and Conectiva. If I'm not mistaken, TurboLinux is a Japanese comapny, SuSE is from Germany and Conectiva is from Brasil. Well, patent systems behave differentially in different countries. So, the best that SCO could have done was to commit harakiri as its partners would probably broke the alliance and it would force Caldera to fight in three different countries.

    And the most weird of all statements would be this one: SCO would base any claims it makes on the Unix patents and copyrights that it acquired when it took over the Santa Cruz Operation. Its press release claims it "owns much of the core Unix IP" and that it has the right to enforce it. Well, if it owns much of the core of Unix, then not only Linux but the whole *NIX world would be in danger. Considering that this was once a matter that was partially and painfully settled down between Bell and Berkeley, considering that even Windows has a little bit of Unix inside, considering that lots of standards and protocols are based on Unix, considering the tens of Unices around, this would be double harakiri for SCO. So it is very weird to consider that anyone at SCO could ever seriously think the way it is shown on the article.

    So it is very probable that the article is either someone trying to get some sensational points in yellow journalism, or this is a well elaborated FUD test to see how people react.

    If one cares to see SCO site, they still are well determined in their Linux moves. And this adds an argument to the fact that probably this article is just some cheap provocation. No matter that I dislike SCO/Caldera, I have to recognise that someone is playing dirty against them.

  119. Re:no surprise by Anonymous Coward · · Score: 0

    Assuming for the moment that this is not a hoax, Slackware uses BSD style init scripts and would not be affected.

    I think that Slack can afford $0 just fine.

  120. Will someone squash SCO/Caldera/whatever already? by defile · · Score: 5, Funny

    They're like the buzzing of an insignificant group of retarded flies who keep demanding attention when they have nothing noteworthy.

    Here's a plan.

    • SCO's current market capitalization is 215 million dollars, with no majority stakeholder.
    • We Linux hackers start DEATH TO SCO, Inc. whose sole purpose is to destroy SCO.
    • The company makes it very clear that when it has enough money, it will purchase a controlling stake of SCO on the market.
    • People with a stake in Linux, instead of paying their patent, would donate to this company instead. I would never pay their $96/cpu license, but I'd consider $500 towards crushing SCO to be money well spent.
    • The very existence of DEATH TO SCO, Inc. would drive down SCO's stock price, which would make it even easier to acquire.
    • Once the company acquires a controlling stake in SCO, it liquidates it down to the fucking floorboards, and crushes all of its patents.
    • SCO's accounts are transferred to SCO-to-Linux support companies who will migrate them over to a sensible Linux distribution.

    Sounds like fun. I call dibs on the SCO Ethics Manual.

  121. This is damaging hate propaganda... by rinkjustice · · Score: 1
    against Caldera/SCO and nothing more. I'm surprised such unsubstantiated and harmful rumours would even be published on a so-called pro-Linux website. Comon folks, really, the story is ridiculous! I use Caldera OpenLinux at home and it's by far the easiest to install (thanks to Lizard, which was highly evolutionary at the time it was introduced) and rock-solid of all the Linux distributions I've tried (re: many). No doubt this is some kind of ploy to hurt the reputation and popularity of arguably the best Linux os available.


    I won't be surprised if an apology story is published later today.

  122. What about paying in nature? by Anonymous Coward · · Score: 0

    Sending $96 worth of this express should solve the problem nicely and indefinately, even if in a kinda messy way....

  123. correction by FreeUser · · Score: 2

    ...it would still be a patent infringement if SCO was the first to come up with the patented technology.

    Correction. ...it would still be patent infringement of SCO was the first to win the footrace to the patent office.

    Inventing isn't required. Being the first to pay the USPTO vig and have the government summarilly declare you "invented" it and grant you an entitlement to a 20 year monopoly is all that is required. Actually inventing the product, before or after the fact, is not only not required, it could be a hinderence.

    --
    The Future of Human Evolution: Autonomy
  124. Software patents by Anonymous Coward · · Score: 0

    Even if this story is a hoax or simply incorrect, it does serve one very useful purpose: It demonstrates very clearly just how dangerous and counterproductive the current practice of software patents is. Too bad nothing will come of it unless the basic story is accurate.

  125. As John Stossel says: "GIVE ME A BREAK!" by Newer+Guy · · Score: 2

    Oh wait...I just infringed on his (copyrighted) saying! Does this mean he owns me now? Q: Why does someone sue? A: Because they can. and until the rules are changed to stop them from suing just because they can, these kind of ridiculous lawsuits will continue...

  126. Caldera at its worse? by nurb432 · · Score: 2

    I've always supported caldera, thru all the accusations of their 'anti community' actions..

    But this is over the top.

    While even if they do win some judgment, they can never practically enforce this as it would effect most every OS on the face of the earth.

    Must be a joke.. a bad one, but a joke..

    --
    ---- Booth was a patriot ----
  127. Yes you were by haggar · · Score: 2

    Remember, this is FUDot. When it comes to SCO or Caldera, Slashdot had always had an agenda.

    --
    Sigged!
  128. IBCS SCO Support by Anonymous Coward · · Score: 1, Insightful

    I'm pretty sure that thats where this case is leaning towards, IBCS has been around since the early 90s allowing us to run SCO bins under linux. It sounds like they want to charge for that ability now... (bit late with the action on SCO's part)

  129. Any real lawyers know... by jjn1056 · · Score: 2

    "Note: I've been unable to substantiate this - which are fairly incendiary claims. Further updates as more is heard."

    Gee, I'd think you'd want to substantiate this BEFORE publishing it live to millions of viewers. Not only is it irresponsible, it is potentially actionable. What if this is not true and SCO sues Slashdot for publishing this? Any real lawyers out their know what could or could not happen?

    --
    Peace, or Not?
  130. SunOS by jbolden · · Score: 2

    Lots of Unixes that are SCO's age have problems with time changes. For example during Y2K I had to check if some SunOS boxes were Y2K compatabile enough. It turns out that if you role the clock back the boxes double crash (down for the time change -> come up go down again for the check -> come up and start working).

    1. Re:SunOS by Anonymous Coward · · Score: 0

      This is why you should use an NTP client to synchronize the clock. A proper NTP client will _gradually_ adjust the system clock to come into sync, so that it won't disrupt anything relying on a causal clock.

    2. Re:SunOS by jbolden · · Score: 2

      Good tip in general. But we were rolling the clock forward and back a full year and the whole test on several machines (including testing the apps) only lasted a few hours. Gradually wouldn't have cut it :-)

  131. Maybe it's $0.97 by fname · · Score: 2, Insightful

    Seriously, at 97 cents, SCO would stand to pull in a lot of money, and many large users would pay that small bill than deal with potential litigation. $97 seems like a ridiculously large sum to ask for.

    1. Re:Maybe it's $0.97 by Rogerborg · · Score: 2

      To me and thee perhaps, but not to Andy IT. WinXP server - $300. Office 200-whatever, $400. Service contract, couple of hundred $ per machine. $97 is peanuts. It's not even as though they'll count the machines, they'll just write a cheque to get them off their back, same as they do when Microsoft sends the BSA blackshirts round.

      --
      If you were blocking sigs, you wouldn't have to read this.
    2. Re:Maybe it's $0.97 by fname · · Score: 1

      I see your point. I was more referring to the fact that using a product in large measure b/c it's free, deploying it on millions of devices (TiVo, anyone?), and then asking for $100 per would ruin MANY business models. For some things, $100/ processor is chump change. For TiVo, it would fundamentally damage their business model.

  132. Bad reputation by Looke · · Score: 1

    Wouldn't this just give SCO an unbelievably bad reputation among "common users"? I'd think it would be better to create a good impression by playing along with Linux rather than playing against it.

    And if SCO should change its mind, and become Linux-friendly -- how can Linux users ever trust the company again?

  133. SCO flexing "IP rights" by dbirnbau · · Score: 1

    IANAL BUT I am a Patent Agent which is just as good as far as patents go. This threat (if it's real) by SCO really pisses me off. I'd be glad to volunteer my expertise to help investigate SCO's claims and help draft a formal response.

  134. Re:Uh-Oh! The Fearsome David Boies! by Royster · · Score: 2

    And the man who saved Napster.

    --
    I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
  135. How does POSIX come into this? by jc42 · · Score: 2

    Does this mean that anything implemented to the POSIX standard is owned by SCO?

    If so, we might note that Windows/NT has included a POSIX library from the start. So Microsoft is going to have to pay $96 in royalties for every NT/2K/ME/XP license that they've collected royalties on.

    This might get interesting ...

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    1. Re:How does POSIX come into this? by sqlrob · · Score: 2

      So Microsoft is going to have to pay $96 in royalties for every NT/2K/ME/XP license that they've collected royalties on. The 9X series never had POSIX, and neither does XP. That's been removed.

  136. MS Foe to MS Savior by eaglesnax · · Score: 1

    Seems to me like this would be the biggest boost one could hope to provide to MS. I suppose, being a lawyer, Daivd Boies only cares about the money.

  137. No worries by banzai51 · · Score: 2

    They got one of the DOJ idiots. They'll never win the case in any substantial form. Wonder if he was at all involved with the USFL vs. NFL suit too.

  138. huh? by mcc · · Score: 2
    Consider the impact on those outside of the jurisdiction in which the patent applies; the hypothetical rogue nation that outlaws GPLed software

    The GPL specifically addresses this. Section 8 reads:
    If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
    OK, so that doesn't seem to cover the idea of a nation that outlaws the GPL-- i guess there's a bug in that section 7 covers "any law" and section 8 covers intellectual property law only. But that's a pretty outlandish scenario to consider, and unless a country someday outlaws GPLed software, this is not even worth thinking about. Anyway, since most GPLed software is licensed under "GPL 2.0 or, at your option, some later version of the GPL", were this issue ever to somehow come up, RMS could release GPL 2.0.1 in which section 8 allows you to make a geographical exemption based on any law, and just about everyone could switch to that. But i just don't see this happening.

    As far as the contract thing goes, that's just kind of wierd and i don't think it's a valid problem. In that case, you've still unconditionally granted the rights the GPL requires you to grant, it's just that someone signed those rights away.

    the above should read "... would not permit royalty-free distribution of arbitrary derived works". But this is clearly nonsense: If I added one-click shopping to GNU ls, I would not have a license to distribute the result. So by section 7, nobody can distribute GNU ls under the GPL

    Yes.. that is clearly nonsense. But that's not what the GPL says. The GPL says that derivative works must be "licensed as a whole at no charge to all third parties under the terms of this License". It seems pretty clear to me that your obligations in section 7 are toward certifying the unlimited redistributability of code *you distribute*. Code other people write is not your problem in this way, even if it links against code you put under the gpl, and there's no reason to think it is.

    Okay, so it's possible to misinterpret the language in the GPL to make a logical contradiction. That doesn't make it any less a misinterpretation, and since the *intent* of the words which are there are spelled out very clearly in the associated FAQs, i believe a court of law would (if for some bizarre reason someone in court attempted to argue what your post argues) interpret the GPL in the way it was intended to be interpreted.

    I don't see the problem here. Section 7 is necessary for the rest of the GPL to work.

    Since they have distributed Linux, that alone is enough to thwart the rumored patent attack.

    Actually, not really. Since the GPL is a redistribution license and not a contract, there really isn't anything at all *legally* to stop SCO from exercising any patents they might have. If the patent they have is valid and they institute a license fee for that patent, they would lose the right to redistribute any gpled software that is covered by said patent, but then so would Debian. I think the only *direct* consequence for SCO if they instituted a license fee would be that they'd have to stop distributing linux until such time as they removed the code covered by their patent.
    1. Re:huh? by The+Pim · · Score: 2
      Okay, so it's possible to misinterpret the language in the GPL to make a logical contradiction. That doesn't make it any less a misinterpretation, and since the *intent* of the words which are there are spelled out very clearly

      Ok, as I said to someone else, I basically agree--except that the FSF seems to say otherwise in their position on the proposed W3C patent policy. So I think that the FSF is pushing the contractory viewpoint. Specifically, they are saying that modifications other people may make (that step outside the "field-of-use" license) are your problem.

      It seems pretty clear to me that your obligations in section 7 are toward certifying the unlimited redistributability of code *you distribute*.

      I can't see why you say that. The only part that is specific to redistribution is the "for example". Section 7 as a whole seems aimed at ensuring that recipients have all the rights granted by the GPL, which includes redistribution but also distribution of derived works. Why do you think it applies only to redistribution?

      Since the GPL is a redistribution license and not a contract, there really isn't anything at all *legally* to stop SCO from exercising any patents they might have.

      As I said to someone else, I think that SCO's past distribution of Linux implied a perpetual license to the patent. But IANAL.

      --

      The evaluation of an action as 'practical' . . . depends on what it is that one wishes to practice.
  139. GPL and patents by Anonymous Coward · · Score: 0
    If SCO do start claiming that any GPL code in Linux distributions violate any of their patents then they will have to stop redistributing said GPL code in their own Linux distribution, since to do otherwise would violate section 7, as I read it.
    "For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program"
  140. Re:"And replace" by mwood · · Score: 1

    "Only a wheel has the function of a wheel."

    IIRC Poul Anderson showed that this is not so, when some of his characters needed to transport heavy equipment while stranded on a world where the wheel was subject to a religious taboo. I think it was collected in "The Trouble Twisters".

    If you think hard enough, there is often a truly different way to get the same result.

  141. bring it on by LifesABeach · · Score: 1



    we never had a meeting of the minds on this issue. this would be a classic case of 'bait and switch'.

    and just in case the 'pin headed' plaintiff doesn't know who i am. i am michael thompson, and i can be easily contacted at comintel@faceting.com

    so go on big guy, come and give me 'hell'. ;->

  142. MS is gonna love this if it's true... by mark-t · · Score: 2
    Situation: Linux cannot retain the patented code and continue to be freely distributable - This restriction is governed by the GPL, not by the company that owns the patent. SCO has no right to tell people who pay them the fee that they may freely use it after that. The GPL is quite clear on this point -- either the patent holder must freely allow their patented technology to be incorporated into Linux, or the patented code *MUST* be removed from Linux.

    Scenario: Microsoft buys out SCO and then THEY keep making a fuss about it until Linux becomes unusable.

    All I can say is, this better darn well not be true!

    AFACS, There are only two solutions to this mess: One, if they smarten up and don't allow software patents. Two, if new patent laws were raised that required a patent owner to have no more than a certain amount of time after they would have first had reasonable opportunity to become aware of the infringement (I think one year or so would be good) -- further, it would not be legal for a new purchaser of a patent to enforce it if the person or organization they purchased it from had not enforced it within the requisite time.

  143. Is't Windows using the same IP Stack too? by Anonymous Coward · · Score: 2, Funny

    Linux, *BSD, Windows somewhat all same some part of the same IP Stack... I was beleiving that it was BSD that did most of the IP stack was based on, am I wrong on this???
    Well anyway why don't we wait for Microsoft to deffend Linux because somewhat they infrige the Patent too? Or have Microsoft buyed Caldera/SCO and not told anyone?

  144. The MCA bus is *not* extinct. by emil · · Score: 2

    Conversely, it is alive and well in the IBM RS/6000 p-series UNIX servers.

  145. try this by twitter · · Score: 2

    System V. Ha, ha, ha, I wonder what they won't claim. It's a rumor, no one is that stupid, right?

    --

    Friends don't help friends install M$ junk.

  146. Patent Smurfing by lildogie · · Score: 2

    > Until I hear that this is false, I'm boycotting SCO.

    If everybody behaves this way, we can kill a vendor just by starting a rumor.

    The SCO patent story is _unsubstantiated_. It says so in the story and on the front page of Slashdot.

    1. Re:Patent Smurfing by Anonymous Coward · · Score: 0

      It's that easy? Here we go then...

      MICROSOFT IS KILLING PUPPIES! Yes, that's right, PUPPIES. You don't hate PUPPIES do you?

      I propose a worldwide boycott until MS releases a press release proving that they are not killing any puppies.

  147. Mod Abuse! by stinky+wizzleteats · · Score: 1, Offtopic

    Alan Cox picked up an overrated mod which was clearly an emotional reaction to his contreversial post! We need these chickenshit overrated mods in the M2 queue so i can weed the bastards out.

    1. Re:Mod Abuse! by sbuckhopper · · Score: 4, Offtopic

      No offense to Alan Cox because I think that it is an interesting point, but he also picked up a whole lot of mod points because he is Alan Cox.

      It was an interesting point, but he was trying to be prolific and whether you think he is right on wrong, he isn't necessarily more interesting than the thousands of other wanna-be philisophical posts on slashdot that are making some prolific statement so that some day they can say, "see I told you so."

      So you are correct, people shouldn't mod things as overrated as a matter of an emotional reaction, but people shouldn't be lazy with their mod points and think, "Oh Alan Cox, yeah, I'll mod that one up."

      To keep this on subject, yes I think that Alan has an interesting point, but one of the things I've noticed about computer programming types (myself included) is that we tend to over-react to things and bring them to an extreme end. This has been more evident to me as I am a computer programmer that just married a computer programmer. She and I think of the worst possible outcome. We have to, by following the different paths that a problem can follow and choosing the worst possible outcome, you can fix the worst problems first.

      This gives us, as computer programmers and interesting view of the world. In other words we tend to view the world in a pessamistic view. Alan has every right to say what he said, and I think that he makes some good points about how things are. Perhaps he has just predicted the demise of the U.S., but I'm still not going to call him a prophet or a fortune teller or whatever.

      The fact of the matter is that with a machine in a finite set of rules he most likely has an accurate prediction, however man kind is not necessarily a machine. That means that the people of the US may wake up someday and decide that they are stupid for doing what they're doing and correct the situation.

      So like I said, it was an interesting point. The whole point of what I'm saying here is that its just a prediction. He feels that he has history to back himself and maybe he's right. But short of calling him God (which I know some people around here do), he has no definitive way to say that he is 100% correct. An interesting point that may or may not be overrated, may or may not have been modded up to +5 because it was Alan Cox.

      --
      "Everybody knows the moon's made of cheese," Wallace.
    2. Re:Mod Abuse! by agentk · · Score: 1


      Build a name and reputation and trust, and people will respect that; on a forum like this, and in collaborative free software projects, that's power. Sure, that can be abused, but if AC says something stupid (or puts a bunch of broken code into Linux), then his reputation will be reduced accordingly.

      --

      VOS/Interreality project: www.interreality.org

  148. Limiting IP action time? by ironfroggy · · Score: 1

    Does anyone else think we need to have laws past that limit the time someone can take to act on infringements on their IP? Let us assume, for the sake of argument, that SCO does have something here. They surely knew for quite some time, and could have acted sooner. Of course, they wouldn't have made as much money off of such a deal then... See my point?

  149. Confusing Patent, Copyright and Trademark Law by lildogie · · Score: 2

    > Doesn't the use it or loose it rule apply anyhow

    IANAL, but I read Slashdot ;-)

    "Use it or lose it" applies to trademark rights,

    "We'll just rewrite the code" applies to copyright.

    Patents protect ideas, not writing, and the tragedy of the submarine patent is that prior art has to be, well, prior. Reinvention after the patent doesn't nullify the patent.

  150. dumb story by Anonymous Coward · · Score: 0

    Calm down, people. SCO obviously wants to be bought out by a major Linux player like IBM. This $96 license thing is not going to happen.

  151. This is easily explained. by fudgefactor7 · · Score: 2

    Linux threates the existance of UNIX not Windows. Ergo, UNIX vendors are forced to eek out as much as they can as they lose ground.

    1. Re:This is easily explained. by Aknaton · · Score: 2

      Truer words were never spoken, IMO. GNU/Linux and the BSDs have probably replaced more Unix servers then Windows servers.

  152. No he doesn't... by DesScorp · · Score: 2

    He works exclusively on the United Linux venture now. He was pretty much sacked from Caldera/SCO. This was just a graceful way to do it.

    --
    Life is hard, and the world is cruel
  153. Re:The main problem as we see it. by fantastic · · Score: 1

    "They are useful as a deterrent, and useless for anything else."

    Of course we don't get to hear about the IBM legal team out on the offensive.

  154. Linus: HOW YA LIKE ME NOW? by Anonymous Coward · · Score: 0

    A while back there was an article about a newgroup postings that Linus wrote about just ignoring patents, because he didn't believe in them.

    Remember me????

    Nice going Linus, this is what happens when you think you are above the law.

    Yes, this article may be a hoax, but the principles behind this are most definitely real, and just sticking your head in the sand will NOT protect you from patents, so ya better learn to live with it. Grow up, okay?

    1. Re:Linus: HOW YA LIKE ME NOW? by lizzybarham · · Score: 1

      Yes, I do recall the aforementioned messages but I do agree with Linus' position. A patent holder *must* protect its patent early on by contacting anyone that appears to violate the patent. Further, they need to provide specific details on how the patent was used by one that has not been licensed to use it.

      Developers simply cannot spend all of their time worrying about whether or not something has violated some patent somewhere. To ask that is ridiculous. That is the job of the patent holder and since the software is open source, the patent holder must quickly assert that its patents have been violated. After a certain period of time, if the patent holder fails to assert its rights, it can be reasonably assumed that they have no desire to assert said rights.

      I find your comments toward Mr. Torvalds rather nasty in speculating that he thinks he is above the law. Sometimes, Mr. Coward, the law is wrong and unfair and needs to be challanged.

    2. Re:Linus: HOW YA LIKE ME NOW? by tstoneman · · Score: 1

      No, you are wrong. Patent holders can decide to sit back, let the whole world implement their patented designs, and then years later turn around and charge them. I think there is a statue of limitations of something like the previous 8 years, something like that. (But it doesn't mean that if you implemented something in your design 9 years ago that was patented, that you are scot free, it means that they can only sue you for the past 8 years of damages because you used their design).

      What you are talking about is trademarks, not patents. Trademarks must be policed, but patents do not have to be.

    3. Re:Linus: HOW YA LIKE ME NOW? by lizzybarham · · Score: 1

      That needs to be challanged because it is neither fitting nor fair to allow such practices.

  155. Real submarine patents are actually far worse. by dark-nl · · Score: 1

    Patent applications don't have to be made public. The process of getting a patent can take a few years, but once the patent is granted it lasts 20 years from the filing date. That is the true "submarine patent" -- one that's not just obscure, but actually secret, and which will be announced next year on something you yourself invented last year, with a starting date two years ago.

  156. RMS by TedCheshireAcad · · Score: 2

    Careful now, this might make Stallman's head explode.

  157. Where is the patent? by JayateMo · · Score: 1

    I have tried to find the patent, but came up with zip. Nada. Will the uspto.gov be slashdotted??

    Anyhow, it sure must have expired?

  158. Patent applications NEED NOT be public by dark-nl · · Score: 1
    From the USPTO FAQ:
    Does your database include data on pending patent applications?

    The database only includes data on Published Applications in accordance with the 18 month pre-grant publication rules. Pending patent applications where the applicat has elected to not publish prior to grant remain confidential.

    (emphasis mine.)
  159. up yours. by twitter · · Score: 1, Troll
    Here's one US citezen with a few pointers to clueless wielders of IP, my bird finger. I've got two of them and the other one is for you. Thus, I laugh at the idea that the US is running out of innovation and industry.

    As heavy bombers deliver heavy ordinance, I will be assured that US heavy industry is alive and well, though it may be encumbered by unions, silly laws and cartel ownership.

    Farmers, like eveyone else, demand to make a living for what they do. When farming, or anything else does not pay, people move on to what does pay. You would be hard pressed to say that the US, which exports more food than anyone else in the world, and has an obesity problem, has any kind of problem making food.

    This, however takes the cake:

    The odd billion chinese people are slightly more significant. ... Their staff are cheaper, their lawyers don't charge outrageous fees and they have lots of young and bright staff encouraged to think rather than to conform for fear of liability and lawsuits for being original.

    Whatever encumberences people in the US work under are nothing compared to conditions in China, where you could be sent to jail for reading this post. This does not make things as they should be here but chicken little claims and praise of others are not the way to fix things. China, without huge infusions of western cash, would fall to ruin just as the Soviet Union did. Regiems like that are the worst corporate nighmare you ever had. If you think it's hard to get things done in a large company here just imagine living there. Here are some other stuff you might want to consider about the "competition"

    • Germany go to jail for a web post.
    • The case of "hate laws" in France an elswhere is well known.
    • The UK is still ruled by a monarch.

    Technical innovation can occur anywhere, but the basis for consistent performance and general prosperity is freedom. The US still has plenty of that.

    Something to think about as you watch the US drop your tax money out of bombers over the desert

    I'm a little more worried about the people on both ends of that drop than I am about money.

    --

    Friends don't help friends install M$ junk.

    1. Re:up yours. by Ironica · · Score: 2

      # The UK is still ruled by a monarch.

      Tell that to Tony Blair. I think he'd be really amused.

      The UK still has a monarchy, supported by tax dollars. But when was the last time they made a decision that actually affected what people in Britain or the rest of the world do (besides setting fashion trends)?

      --
      Don't you wish your girlfriend was a geek like me?
    2. Re:up yours. by crizh · · Score: 1

      * The UK is still ruled by a monarch.

      And your point is?

      The UK is ruled by the Corporations, just like everywhere else.

      Excluding China(PRC), N. Korea etc

      Can anyone think of any good 'communist china' jokes?

      --
      Trust The Computer, The Computer is your friend.
    3. Re:up yours. by Alan+Cox · · Score: 2

      The monarchy is kind of an investment. You can view if cynically as the equivalent of the gladiatorial games in Rome, or business cynically as a good ROI through tourism.

    4. Re:up yours. by rodgerd · · Score: 2
      Farmers, like eveyone else, demand to make a living for what they do. When farming, or anything else does not pay, people move on to what does pay. You would be hard pressed to say that the US, which exports more food than anyone else in the world, and has an obesity problem, has any kind of problem making food.


      Twitter? More like twat.

      The US farm industry surviuves on billions of dollars of taxpayers largess because it isn't sustainable otherwise. When you've finished exploring your own arse, you could go look at appropriations for farm subsidies in the US some time. There's a reason the phrase "Moscow on the Mississippi" exists.
    5. Re:up yours. by Alan+Cox · · Score: 2

      |Whatever encumberences people in the US work under are |nothing compared to conditions in China, where you could be |sent to jail for reading this post.

      Don't mix efficiency and business freedom with the rather more important issue of personal freedom. Unless I was from the middle east I'd much rather be in the USA than China.

      |Germany [bbc.co.uk] go to jail for a web post.

      Umm DMCA, 2600, DeCSS ?

      |The case of "hate laws" in France an elswhere is well known.

      I guess I'm typical of europeans here in that I find the US dislike of anti-hate laws as strange as their predilection for firearms. I guess its a fundamental cultural difference.

    6. Re:up yours. by isorox · · Score: 1

      In Communist China, jokes think of YOU!

    7. Re:up yours. by walt-sjc · · Score: 2

      I find the US dislike of anti-hate laws as strange as their predilection for firearms.

      Hmm. How about an insight then. Hate laws are special because they are not just about your ACTIONS, but about your THOUGHTS and IDEAS and FEELINGS. I don't want to live in a society where I am persecuted because of what I think and believe, do YOU?

      As far as firearms is concerned, I can kill a lot more people quicker by driving my car into crowds than I can with a pistol. Should we outlaw cars or murder?

    8. Re:up yours. by Anonymous Coward · · Score: 0

      your selective integrity amuses me, Mr. Cox. Why weren't you more vocal about this while you were sucking the Red Hat cock??

    9. Re:up yours. by quax · · Score: 1

      Shouldn't waste time feeding trolls, especially since I have to be off to a meeting, so do your own research. All charges against the German guy this BBC article is refering to have been dropped. He did not see a single day in jail. All he had to do was show up to court.

      I admit a very embarressing scene for the German judicial system (you can read all about it in the CT magzine http://www.heise.de/ct that is if you happen to speak German).

    10. Re:up yours. by quax · · Score: 1

      I guess it's bad style to start an email with a disclaimer, yet here it is: I haven't made up my mind on hate laws as they are implemented in Germany and France.

      Just like to point out, that they are not about what you feel and think, but rather where and how you express certain feelings and thoughts i.e. in Germany it is a crime to publicly indorse a capital crime like murder or to pretend that they never happened (e.g. Auschwitz).

      The idea behind this kind of law is that - while in general any public expression of opinion is constitutionally protected - there are instances in which the people have to be concerned about what you express in public because it may cause future harm.

      Hate can be infectious and some (democratically elected) governments wanted to make sure that certain expressions of hate can not be circulated especially to make sure that "impressionable youth" are not getting "infected" by it.

      Now that I think about it, this concern looks rather silly, our societies should be mature enough to not need this kind of "parental governance", but it's what people voted for.

      Think of it that way: A society has to be pretty mature i.e. comprised by very responsible people in order to allow everybody to say what they want and carry guns.

      The legislature in Germany and France expresses a distrust that our societies have this level of maturity and this distrust is endorsed by the majority of the electorate.

  160. Is this... a troll? Or is this BS real? by nenolod · · Score: 1

    1. SCO didnt do SHIT. Linus Torvalds made the damn system in the first place. This means that SCO can't charge a frickin penny for a stupid license. What fucking patent violation?

    2. SCO == UnitedLinux == GPL VIOLATION TO THE MAX. So, why dont Richard Stallman and Linus sue their asses off? They posess the copyrights on the components that comprise the SCO system.

  161. Intel & AMD by wytcld · · Score: 2
    This is only a footnote to the current discussion, but

    the way that AMD was able to basically clone the Intel cpu's

    ...was that Intel licensed the code to AMD so it would head off the likelihood of monopoly enforcement against it. That license expired a few years back, since when AMD has been doing its own development - but they started off doing Intel-sanctioned clones, and had to go to court to get Intel to back off on an attempt to keep them from applying what they'd learned from Intel's designs to their future chip development after the licensing agreement expired.

    --
    "with their freedom lost all virtue lose" - Milton
    1. Re:Intel & AMD by Anonymous Coward · · Score: 0

      It wasn't monopoly enforcement issues, but rather DoD requirements for a second source in case something were to go wrong with the first source.

  162. This just goes to show that you should ... by geekoid · · Score: 2

    Never underestimate the peoples power to chose a substantial inferior product to save a penny.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  163. Ahahahaha. I love the irony. by ProtonMotiveForce · · Score: 1

    David Boies. The guy most of you drooling nerds probably have alters in honor of in your little huts. He went after Microsoft and you loved him.

    Hasn't the worm turned? I find the idea of lawsuit idiotic and I hope he loses, but I'm glad you nerds are suffering some of what MS had to suffer because of this crap and I think it's pretty funny.

  164. Re:"And replace" by seva · · Score: 0

    If I recall correctly, one can not patent an idea only implementation of that idea... /Seva

  165. Introducint... by josepha48 · · Score: 2
    Redhat BSD GNU/Linux....

    Are they talking about the System 5 start up scripts? If so easy fix is to say f***'em and switch to bsd style startup. It's much easier to find things IMHO. But then again is this true???

    I'd quote the article, and started to, but I then thought about possible copywright infringements (seriously!) and decided not to, but do read paragraph 6 of the article.

    --

    Only 'flamers' flame!

  166. Is Wales nice this time of year?? by HamNRye · · Score: 2

    I too have been considering leaving America for freedom. Is Wales nice this time of year??

    As an American, I have to look long and hard at Canada... They (mostly) speak English, seem roughly American sans the carpet bombing, and it leaves us close to friends and family. On the Con side, it's cold, their economy is tied to the US economy, and they are known for bowing to US pressure too often.

    The UK on the other hand, it's cold, their economy has not been vibrant since the empire collapsed, and I understand that unemployment is still rampant. (No job = No visa)

    Finally, I thought they dropped our tax money out of Helicopters over the desert.

    Maybe we should have an ask slashdot: New coutries for expatriates??

    ~Hammy
    Nothing4sale.org ~Hammy

    1. Re:Is Wales nice this time of year?? by crizh · · Score: 1

      I don't think any of the UK has been 'nice' since before the last Ice Age.

      Particularly Wales

      --
      Trust The Computer, The Computer is your friend.
    2. Re:Is Wales nice this time of year?? by jaseuk · · Score: 1

      Wales is eternally overcast, there are few jobs and the economy is poor. If it wasn't attached to England it would be a third world country. Its heavily subsidised by the EU and "England".

      In general unemployment in the UK is low and the economy isn't doing too badly. Its comparitively better than most of Europe.

      Jason

    3. Re:Is Wales nice this time of year?? by Abcd1234 · · Score: 2

      Note that Canada is getting better, at least to some degree, WRT bowing down to US pressure. I say to some degree because it's a little tough to not bow down completely, the US being a major trading partner and source of significant profits for Canadian companies.

      OTOH, the US also garners significant profit from us as well, so it's a question whether they can really afford to close their borders (unless it suites them... eg the soft-wood lumber dispute. WTF happened to NAFTA, I ask myself???)

      But, with things like pot decriminalization on the horizon, and the reluctance of the feds to support US actions in Iraq (ignoring certain recent, assinine statements from certain ministers), I'm feeling at least a little better about our government. There are certainly political parties (*ahem* Canadian Alliance) that make it their political platform to bend over and let the Americans stick it to us. But, with Canadian nationalism (and, whether it's justified or not, anti-Americanism) on the rise, Canada seems to be working hard to separate itself from the US politically.

      Funny how only recently has the Liberal government (and Jean Chretien) actually impressed me with some of their actions (see previous paragraph). It's a pity that Chretien is doing a lot of this just so he can go out a hero, while the new PM will likely revert to standard Canadian political posture (ie, bent over).

    4. Re:Is Wales nice this time of year?? by Abcd1234 · · Score: 2

      Oh, and as a side note, it's not all that cold. Vancouver, BC, is quite nice all year round (being coastal), and also boasts some of the best pot in the country. ;)

    5. Re:Is Wales nice this time of year?? by Groganz · · Score: 1

      In Australia, one of our opposition MPs (Mark Latham) had a beautiful one word summary for our Prime Minister after smooching up to George Dubbya on a trip over there: Arse-licker.

      I thought it was beautifully accurate and succinct.

    6. Re:Is Wales nice this time of year?? by hughk · · Score: 2
      At this time of year, Wales tends to be very wet. However the sheep are friendly!!!!

      Back on topic, it is part of the EU whose patent office in Munich is carrying on like S/W patents are a 'done deal'. There is serious pressure to avoid this from people like FSF Europe amongst others, and ironically enough a lot of local S/W producers who would rather hire programmers than lawyers.

      --
      See my journal, I write things there
    7. Re:Is Wales nice this time of year?? by quax · · Score: 1

      Currently I live in Germany before that for a couple of years in Rochester, NY just across from Canada.

      I highly recommend Canada, for my wife (she's American) and me (I am German) it is the perfect blend between European and American culture. To me the people feel roughly European :) Also an older colleague of mine (Ph.D. in physics - must be in his late 50s now) migrated from the US to Canada about ten years ago and told me that he never regretted it once.

      My wife and I also really like the south of France, Montpellier especially (lot's of High Tec jobs there) and of course Spain, but my wife really struggles with French and I can not role an R from the tip of the tongue (as required in Italian and Spanish ) to save my live. So the south of Europe does not make for a good destination for us.

      Can't say much about Australia other than that a Russian guy who graduated with me the same year in Rochester considered it to be the perfect country, but I don't know if he lived anywhere for a longer stretch of time than Russia and the states.

      Haven't checked out New Zealand yet, but I think it could be a top candidate.

  167. Erm - GPL, I think! by briaman · · Score: 1

    Let's say that I have a patent for xyz operation. If I write a piece of software to perform that operation and then release that software under the General Public Licence, then my understanding is that anyone else can make a dericative work from my software so long as they continue to hold to the terms of the General Public Licence. Under those conditions I think I would have a very hard time enforcing my patent against you so long as your software was a LICENSED AND PERMITTED GPLed derivative of mine. Were you to make a non-GPL version, things would change, but until that point I'm sure you wouldn't have a worry.

    --

    ==========
    Error in module creativity.dll : Unable to create witty comment.
    Abort / Retry / Ignore ?

  168. Hmm, yet oddly ... by cascadingstylesheet · · Score: 2

    One thing you have to realise is that twenty years from now nobody will care if one wacky bankrupt state has banned Linux. There will be no real IT industry left in the USA by then anyway. The odd billion chinese people are slightly more significant.

    Hmm ... yet oddly, the people who try to migrate for economic opportunity and freedom move from China to the US, not from the US to China.

    I guess it's those people you should be ranting to; they don't seem to be listening ...

    1. Re:Hmm, yet oddly ... by quax · · Score: 1

      Actually that only holds for less qualified Chinese. The trend is already reversing (none Chinese source)

      Alan's radical prognosis was very much a forward looking statement. China is a future power to reckon with I just hope that they will find their own path towards democratic structures without further blood shed. I also hope that the IP pendelum will swing back before it causes too much harm to the people inside and outside the US.

  169. Official Comment from SCO by The+Peace+Maker · · Score: 1

    Here is SCO's Official comment on the whole thing: SCO statement on Client Server News story On January 10, 2003 Client Server News published a story concerning SCO and its UNIX intellectual property. This article states as fact speculations about what SCO may do or not do with regard to its ownership of core UNIX IP. Darl McBride, president and CEO of SCO, has discussed SCO's UNIX IP ownership in many public venues and on the most recent quarterly investors' conference call. SCO has significant UNIX intellectual property dating back to the company's purchase of AT&T's Bell Labs UNIX technology. Our UNIX IP is a significant asset and for several months we have been holding internal discussions, exploring a wide range of possible strategies concerning this asset. We've reached no final decisions on any course of action. SCO is a Linux vendor and a leading member of United Linux. Contrary to the claims in the Client Server News article, SCO has no desire to take legal action against fellow Linux vendors. As a normal part of business, SCO has had discussions with several legal experts in the field of intellectual property law, and these discussions included David Boies. Contrary to the claims in the Client Server News story, SCO has not engaged Mr. Boies to take legal action against our fellow Linux vendors. It's unfortunate when a publication runs a headline, stating as fact in the present tense that our company is engaging in certain activities when, in fact, we've made no decisions, formed no programs and announced nothing about this.

  170. Patent poisoning by Paul+Johnson · · Score: 2
    The standard method for defending oneself from patent lawsuits is to have a patent portfolio to threaten the other guy with.

    The open source movement has no such portfolio (attempts have been made to put together a couple of dozen patents, but this is trivial compared to portfolios of hundreds or thousands). However we do have a large body of valuable IPR in the shape of our source code. We can threaten to withdraw that. Any large company should be very frightened by the threat to stop it using Linux or other open source software from tomorrow.

    Every open source license should contain a clause along the following lines:

    This license will automatically be terminated if you attempt to restrict the distribution or use of any "Open Source" software by enforcing patents that cover technology used in the "Open Source" software. "Open Source" software means any software licensed under terms which automatically permit the licensee to distribute the source code of the software to third parties.

    A license terminated in this manner will be restored if you publicly repudiate your claim to any patent rights embodied in any open source software.

    That should make them think twice.

    Paul.

    --
    You are lost in a twisty maze of little standards, all different.
  171. Thanks for the correction by Royster · · Score: 2

    Granted patents are published.

    --
    I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
  172. MS is substantial SCO shareholder by setag · · Score: 2, Interesting

    MS is/was a substantial share holder in SCO. In fact, it wasn't until 1999/2000 that SCO removed MS's CFO from SCO's board of directors.

    Maybe MS is using their position here to put some pressure on Linux?

  173. Correction to your correction by Doc+Hopper · · Score: 2

    "Prior Art" is the solution to this problem: If a given invention existed "in the wild", or was in use in some public way by another party before one party filed for the patent, the patent will either be thrown out in court or never granted in the first place during the discovery phase.

    Contrary to popular Slashdot opinion, the Patent & Trademark Office of the U.S. does throw out many patent applications during discovery due to prior art or previous patents. However, they still let through too many that should never have been granted, which then can go through lengthy infringement cases before they are finally discarded.

  174. Mutual termination clause by Lonath · · Score: 2

    It's time for FS/OS to move to licenses with that patent mutual termination clause that goes something like this:

    If you ever threaten any legal action in part or in whole because of software patents against any software or program that has this clause in its license, then you and everyone at your company lose the right to ever use any software licensed with this clause.

    That's the only way to do it...you ever mess with ANY FS/OS with this clause, then you and your employees can never use ANY FS/OS ever again.

  175. SCO Linux and GPL by gr8_phk · · Score: 1

    Ahem, if SCO wants sell (or give away) linux and then charge the other distros to do the same, then they would be violating the GPL. If SCO releases a Linux, it must be under GPL and so they can not charge others for using/selling it. Actually, if SCO has EVER released a Linux they have already shot themselves in the foot as far as this goes. Funny, it sounds like they don't want to crush Linux, but rather to OWN it. That just isn't possible no matter if it contained their IP (which it doesn't).

    1. Re:SCO Linux and GPL by Chris+Johnson · · Score: 2
      Um, more accurately it means that if they have IP restrictions that prevent them from allowing recipients of their Linux to freely distribute it to others, THEY do not have permission to release under the GPL.

      So either this is all a load of crap, or SCO are in violation of the GPL with regard to their own releases. This would explain why they 'haven't reached any decision': their lawyers haven't figured out a way to resolve this issue yet.

      And they won't, because the GPL is their only recourse for being a Linux distributor. If they ended up trying to abandon their own Linux ambitions but sue the rest of the Linux industry, they would be, rather than forcing the industry to use some IP of theirs, forcing the industry to immediately and completely cease using anything of SCO's, whatever the cost. There's no way anything of theirs is that indispensable that this couldn't happen, so they're hemming and hawing because what they want to do here, really can't be done.

  176. SCO board meeting minutes. by cyclist1200 · · Score: 1

    "How can we better market our Linux distribution? Anyone have any ideas?"

    "I know! Let's launch the distribution, wait a couple of months, and then beat the crap out of most of our prospective customers!"

    Assuming any of this is true of course.

  177. Anarchist Cookbook Lesson 1 by zannox · · Score: 2, Informative

    The first step to domination someone is causing CHAOS so they can't tell exactly WHAT is going on. Looks like it's working.

    We've use SCO OpenServer at our site for over 7 years. Well, we did till they dropped OpenServer and required us to upgrade to UnixWare 7.1 during the Y2K scare. So we now have UnixWare 7.1 server. I have yet to receive anything from them wanting me to purchase the aforementioned products. Beleive me THEY LOVE TO BILL ME. So don't think they would just let me slide. :)

    I have also not seen one thing that led me to beleive that this hasn't been sensationalized by the media. From my stand point anyone can walk up to you and tell you you have to purchase x product to reain compliant. It's up to YOU to determine if thier claims are true.

    We bitch and moan about people/companies/goverment getting in your business and "infringing out privacy rights" then turn around and get all whacked out when something like this come along.

    The only thing threatened with this article is the intelligence of the IS industry. It is UP TO EACH IT person that deal with the software inventory to KNOW what you need to purchase and what needs to be round filed!!

    --
    I've nothing of importance to say, now go away before I taunt you with a second sig!
    1. Re:Anarchist Cookbook Lesson 1 by Anonymous Coward · · Score: 0

      Pity you fell for their bullying. None of my clients were forced to upgrade to unixware from openserver, we just installed the y2k patch.

  178. Empires built on IP are built on sand by JoeBuck · · Score: 3, Interesting

    US monopolies on "intellectual property" vanish as soon as significant foreign players decide not to go along. The UK was far ahead of the US early in the 19th century. How did the US catch up? By ignoring British patents and copyrights, and smuggling manufacturing equipment out of Britain and cloning it. The Chinese don't even have to bother with that, as US corporations are setting up manufacturing operations in China.

    In another few years, the Chinese can just say that they want to negotiate new terms: they'll happily continue to sell the Americans practically everything, as almost every manufactured good consumed by Americans is made there. But they want to pay vastly less to American copyright and patent holders. If there's no deal, they just pay nothing at all: the US could try to forbid Chinese exports, and watch its entire economy collapse, because too many basic necessities are available from nowhere else.

    Similarly, Europe is running a big trade surplus against the US: Americans buy much more from Europe than they sell to Europe. This means that American companies need access to European markets far more than vice versa, putting the EU's regulatory authorities in a position of power. The US has evidently abandoned the antitrust concept, but you'll soon see the EU insisting that American companies break up, and winning.

    1. Re:Empires built on IP are built on sand by fferreres · · Score: 2

      If (North) Americans stop buying chinesse stuff china will collapse, not the inverse. China must buy food and many other vital suppies.

      Now, the 2 billion population of china is a different beast. As China grows, we'll reach the day when china is the biggest single buyer of many products ... (not single seller).

      --
      unfinished: (adj.)
  179. And for a change... some actual data by mj01nir · · Score: 2

    www.uspto.gov returns 2 patents for the Santa Cruz Operation as the Assignee Name: 6,362,836 and 6,104,392. Both are related to SCOs Tarantella (terminal serverish) product. I guess either or both might broadly cover the use of a Linux box as an X or VNC server, I have only skimmed them.

    I looked a bit at patents listed for Novell and American Telephone and Telegraph, but I don't see anything obvious. Caldera comes up empty. I also don't see an obvious way to transfer a patent to a new Assignee, but I'm sure that there must be some method.

    I'd sure like to see what patent numbers they intend to exploit....

    --
    the no .sig .sig
  180. Customers by jefu · · Score: 2
    System V was first released in 1983 or so. Doesn't that mean that any patents granted at that time have already expired or are very close to expiring?

    Perhaps part of their hurry is to grab the money and run before the patents do expire.

  181. Re:"And replace" by Lord+Bitman · · Score: 2

    Please don't say "Something exists" without describing the something. Otherwise god will hate you.

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
  182. I have no wish to infringe intellectual property by tjcw · · Score: 1

    I have no wish to infringe intellectual property or copyright laws. However, anyone accusing me of that needs to be specific (which patent am I using, what is its expiry date, which piece of work have I plagiarised), I'd like to have the opportunity to check myself (e.g. for prior art), and I'd like the opportunity to cease and desist if I have inadvertantly strayed.

  183. Linux wasn't their only downfall by Anonymous Coward · · Score: 0

    Their OS was terribly slow. I mean, really, really, pitifully slow. Typing on the console on a low end Pentium actually lagged! With nothing of note running on the system. I'm not making this up. I had to port some software to it at one point.

    And the other problem was that the OS didn't have many modern features and tried way too hard to be different. I liked the virtual console thing (but it was slow, about .8 seconds to switch consoles), but the shell and the standard Unix utilities were really anemic. My coworkers used to call OpenServer "OpenSewer".

    Combine that with the cost and it's no wonder Linux killed it off.

  184. New press release from SCO by mwfolsom · · Score: 1

    After reading the article in /. I dashed off a quick note to SCO suggesting that Unix Sys Admins show repay SCO for their kindness by moving customers from their OS.

    With visions of a campagin slogan like:

    Hell No! We won't SCO!

    I thought they should hear from the masses.

    Anywho, I got the reply below back fairly quickly. Unfortunately all its says is that no decision has been made. So, in effect a cloud hangs above Linux's head. This should be useful for Microsoft's FUD machine.

    I think we all need to let them know how we feel!

    mwfolsom -

    Date: Mon, 13 Jan 2003 10:16:24 -0700
    From: Blake Stowell bstowell@sco.com
    To: mwfolsom
    Subject: RE: IP patent claims on Linux

    Michael:

    This is the statement that SCO is sending to the media today as a follow up to the Client Server News article. I hope that it puts this issue to
    rest.

    Kind regards,
    Blake Stowell

    SCO statement on Client Server News story
    On January 10, 2003 Client Server News published a story concerning SCO and its UNIX intellectual property. This article states as fact speculations about what SCO may do or not do with regard to its ownership of core UNIX IP.

    Darl McBride, president and CEO of SCO, has discussed SCO's UNIX IP ownership in many public venues and on the quarterly investors conference call. SCO has significant UNIX intellectual property dating back to the company's purchase of AT&T's Bell Labs UNIX technology. Our UNIX IP is a significant asset and for several months we have been holding internal discussions, exploring a wide range of possible strategies concerning this asset. We've reached no final decisions on any course of action.

    SCO is a Linux vendor and a leading member of United Linux. Contrary to the claims in the Client Serve News article, SCO has no desire to take legal action against fellow Linux vendors. As a normal part of business, SCO has had discussions with several legal experts in the legal action against fellow Linux vendors. As a normal part of business, SCO has had discussions with several legal experts in the field of intellectual property law, and these discussions included David Boies. Contrary to the claims in the Client Server News story, SCO has not engaged Mr. Boies to take legal action against our fellow Linux vendors.

    It's unfortunate when a publication runs a headline, stating as fact in the present tense that our company is engaging in certain activities when, in fact, we've made no decisions, formed no programs and announced nothing about this.

  185. Untrue by Anonymous Coward · · Score: 0

    I have a SunOS 4.1.4 box and I know it doesn't crash when I change the time and that it's Y2K incompatabilities are things like 2 digit dates displayed by man pages. Really. I've changed the time on several ocassions and I'm running it with the real date (2003). It doesn't have a single patch applied. Of course I would never expose it to an external network, but it still does its job fine.

    1. Re:Untrue by jbolden · · Score: 2

      Well my story is not untrue. We could have different versions, different hardware, ... And have you rolled the clock back or just forward?
      BTW I also didn't have any problems with Y2K performance the box worked fine for what it was doing and stayed in production until early 2001.

  186. Wrong by Anonymous Coward · · Score: 1, Informative

    Actually Linux isn't derived from any Unix. That's why some people refuse to call it a "Unix" platform. That's also the reason many of the original Linux developers jumped onto the bandwagon: the legal status of BSD was in question because it was based on AT&T code.

    1. Re:Wrong by Zeinfeld · · Score: 2
      Actually Linux isn't derived from any Unix. That's why some people refuse to call it a "Unix" platform. That's also the reason many of the original Linux developers jumped onto the bandwagon: the legal status of BSD was in question because it was based on AT&T code.

      That is why I considered the patent issue rather than the copyright issue. A patent encumberance would affect Linux since it uses the UNIX design. However the UNIX design is now two decades old and very few patents were filled in any case.

      It is possible that a copyright claim over the interface design could be made. However the courts have not been at all keen on that type of reasoning. Apple did not get very far against Microsoft.

      The worst that could happen here would be that the Linux world would have to develop a new shell. That would be inconvenient but hardly be a great loss.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    2. Re:Wrong by Rares+Marian · · Score: 1

      A new shell could actually kill SCO. If we really got it together we could make something better than what UNIX normally has.

      --
      The message on the other side of this sig is false.
  187. I don't have a CPU... by Anonymous Coward · · Score: 0
    The processing unit on my server is not in a central position, but located on the left side of the motherboard. The RAM-chips instead are in the center of the motherboard...

    So, unless SCO wants also to charge for LPUs (leftside processing units), I don't have to pay.

    :-)

  188. Re:My date m(a)y be set wrong.. by lahi · · Score: 2, Funny

    May. Or may not. There is no my.

    -Lasse

  189. New Rumor/ Conspiracy Theory by Jeremiah+Cornelius · · Score: 3, Interesting
    O.K.
    We all know the historic MS/SCO link over Xenix. It would be great ploy by a sinking SCO ship to succesfully execute a patent claim over Linux implementations - so as to position themselves as an MS aquisition target.

    This is no more inconceivable than the recent, successful coup against Constitutional rule in the United States...

    --
    "Flyin' in just a sweet place,
    Never been known to fail..."
  190. BGFBGFBGBF by Anonymous Coward · · Score: 0

    HJFGBFG BFG BFG BFTB

  191. Ah, the arrogance. by Augusto · · Score: 2


    I guess I'm typical of europeans here in that I find the US dislike of anti-hate laws as strange as their predilection for firearms. I guess its a fundamental cultural difference.


    He, he, Europeans love to say Americans are arrogant, but they should travel to Latin America to see what it's said of them over there, specially about the subject of "arrogance". This post is just another great example.

    Hate speech laws are and free speech don't go together. That's why millions of people like me, who came from opressive dictatorships, and governments full of unelected bureocrats that "know better" than the masses, leave our countries to a better future for ourselves and our families at the shores of the United States of America. When that same freedom an opportunity is offered in Europe, let the rest of the world know so they can all go there to try to become citizens of your ancient countries.

    So please, don't give us that better than thou attitude, because ignorant racists here can say whatever they want. WE WANT THEM TO EXPRESS THEIR HATRED, that way we can figure out who are the idiots and ignore them accordingly.

    You think because you have anti-hate speech laws you have no racists in Europe? Better wake up buddy.

    |Germany [bbc.co.uk] go to jail for a web post.

    Umm DMCA, 2600, DeCSS ?

    I don't like the DMCA, but what's worse, putting somebody to jail because they stupidly posted on a web site an (joke he says, doesn't matter) anti US and pro Bin Laden comment, or somebody posting arcane code for DVD ripping? Which case restrains speech more, which case is more likely to happen?

    --

    - sigs are for wimps.
    1. Re:Ah, the arrogance. by Alan+Cox · · Score: 2

      Strange != "I am right'

      I fact I don't have a direct opinion on that because quite frankly I don't know who is right about hate speech laws

  192. Way back in 1992.... by Anonymous Coward · · Score: 1, Interesting

    When i was a poor student, I had fond wishes of running a UNIX machine, just to learn about it. I priced out suns, decs and even looked at abused 3b2's. if my pennies were dollars, i might have been able to think about this... but they weren't, and i scriped every penny for a LONG time and bought a machine to put linux on, just to play with...

    Does it mean anything that back in 1994, AT&T did not push the "patent" coverage, ie sue, sue, sue (or get an injunction to stop development) ?

    Does it matter that when Novell bought the IP that it did not enforce the patent?

    IIRC, version 0.12 was circa 1991. this is twelve years of non-enforcement.

    On another note, It would be interesting to see what "core unix ip patents" they would cite, as they might be applicable to many other operating systems (windows?)

    Also, linux implements POSIX, which is a ISO or ANSI standard, right? Are there other such standards which are patented?

    (lotsa questions, no answers)

  193. Re:Will someone squash SCO/Caldera/whatever alread by vk2tds · · Score: 0

    Does anyone remember who SCO is/was?

    It was the Santa Cruz Operation was it now... But whos Operation was it? From memory it was MICROSOFT's Santa Cruz Operation. The SCO www site does not really describe this part of their history, but check the quote below.

    "Seventh Edition UNIX was licensed by Micorsoft who used it to develop their XENIX operating system which was subsequently jointly developed by SCO"

    Darryl

  194. Re:Will someone squash SCO/Caldera/whatever alread by Apsel · · Score: 1

    Somewhat related, I recently participated in a project to replace SCO with RedHat 7.2 for a major UPS/FedEx competitor (you figure out who) they cited that they could no longer get support for the version of SCO-Unix they owned (I am not sure what version it was since all I did was take the old box out and put a new one in.) the SCO machines were AT&T with CGA monitors. I am an MCSE who uses Linux to get stuff to work right.

  195. You forgot (4) by samantha · · Score: 1

    (4) There is no way in hell that SCO or any other entity could ever find all the people running Linux.
    also...

    (5) We have the source. There is no way to stop us from loading and running it.

    and...

    (6) Unless SCO backs off, disclaims and/or apologizes profusely it is DOA.

  196. Linux clusters become a money tree by Anonymous Coward · · Score: 0

    From the Linux cluster alone at LLNL, they stand to make a quarter of a million dollars. What company would pass up this chance for YAIPW (Yet Another IP windfall)

  197. Pretty much sums it up by DaytonCIM · · Score: 2

    SCO, on the other hand, needs the money. Its tiny Linux business is a disaster and there's little doubt that the company, founded by ex-Novell CEO Ray Noorda, would be out on the street by now if it weren't for the Unix operating systems it got from Santa Cruz.

    That pretty much explains SCO's motivation.

  198. question by 10am-bedtime · · Score: 1

    what part of SCO is owned by usloth?

  199. Linux is unassailable by erc · · Score: 2, Informative

    Back when we were first throwing drivers left and right into the kernel (1992), someone brought up the point that Linux itself might be vulnerable to IP claims if it weren't developed "clean room" style. At that time it was thought that Sun would be the most likely threat, but a message was floated amongst the kernel and application developers, asking anyone who had worked on Sys III/V code or kernel code for anyone else, and I don't remember anyone raising their hand. I worked for Sun during that timeframe, but did not have access to the SunOS or Solaris source.

    Of course, this could all be a desperate ploy by SCO to get cash in the door, but they want to leak it via the rumor mill, to gauge how well it would go over. Credits to Navy beans that, when they get inundated with bad press, they claim that it wasn't a consideration, plausible deniability, all that jazz.

    --
    -- Ed Carp, N7EKG erc@pobox.com PGP KeyID: 0x0BD32C9B What I'm up to: http://intuitives.mine.nu
  200. Your lack of knowledge is disturbing... by Anonymous Coward · · Score: 0

    [suuuuck]... [whooosh]

  201. Re:New Rumor/ Conspiracy Theory by Anonymous Coward · · Score: 0

    i liked how you managed to put an on-topic comment in a thread that degenerated into spelling fascism. of course, this is just karma-whoring 101

  202. Features unique to Unix by Doug+Merritt · · Score: 2
    Name a feature of UNIX that is not in a previous system.

    Some very important ones:

    • pipes (not just any message passing, pipes in particular, because of following items)
    • utilities designed to *work* with pipes (grep, sed, etc).
    • command interpreters that allow pipe connections between utilities with only a single keystroke (the "|" symbol)
    • command interpreters that are in user space, not in the kernel, and can be changed at will by users
    • Support of regular expressions in the command interpreter, utilities (like sed), and in the editor.
    • The philosophy of having each utility and app do just one thing and do that well (see the famous Bell Systems Tech Journal report on Unix). Stallman doesn't understand this, which is why GNU tools are ridiculously heavyweight, with far far more features than is healthy. GNU basically never factors out common elements, they just accrete.

    And you yourself listed 3 innovations, although you disputed whether they are indeed innovations.

    They are; e.g. you seem to have missed the fact that the voting has been over for a long, long time. Unix was correct to avoid putting structured files like ISAM etc into the kernel. Database vendors who need something fancier than vanilla files turn out not to want to add ISAM/etc support to the kernel, instead they universally want an entire disk partition in which to build accellerated database structures.

    If you take out the layered applications you are left with the kernel, the shell and mostly a lot of dreck that could be cleaned out without most people noticing.

    That is just pathetically wrong. The *only* decent command line systems in existence are (1) Unix command interpreters, and (2) strict copies of Unix command interpreters. Even Microsoft and Macintosh developers depend heavily on Unix-flavored command lines. There's never been a GUI built that could completely substitute for Unix-like command lines.

    MULTICS was innovative, but it was also largely a failure (yeah, I know, it was in use until just recently, but there were never many installations).

    Following your line of argument, the correct conclusion would be that Unix was a second generation of Multics that *was* successful, by doing so much right.

    When was the last time you played a UNIX console game?

    A few weeks ago. Rogue. Oh, was that supposed to be a rhetorical question?

    Your failures of the imagination are staggering. Quake and Half Life etc are cool, but there's never been a good graphical replacement for Rogue-like games, and many of them are still very popular. Nethack, I think, might be the one that's most popular, rather than Rogue itself.

    Don't be a dork. As Henry Spencer said, "those who do not understand Unix are condemned to reinvent it -- poorly".

    You obviously are aware of a fair number of things about Unix and its history, but equally obviously, you don't understand Unix worth a damn, in Spencer's sense.

    --
    Professional Wild-Eyed Visionary
    1. Re:Features unique to Unix by Zeinfeld · · Score: 2
      command interpreters that allow pipe connections between utilities with only a single keystroke (the "|" symbol)

      Actually this is the only one that you state that was actually an innovation. Pipes existed in previous systems but you would pipe the output of one process to a buffer and then read it in the next.

      The UNIX implementation of regular expressions in the command interpreter on the other hand is a botched job. It means that the only context in which a command is interpreted is the directory that the command is entered in. This means that you can't have a command that uses wildcard expansion to deal with objects that are not file names without delving into UNIX arcanae.

      That is just pathetically wrong. The *only* decent command line systems in existence are (1) Unix command interpreters, and (2) strict copies of Unix command interpreters

      That is completely untrue. There were good command line interpreters before UNIX was thought of. ITS, MULTICS and POP all had good command line interpreters. VMS had a very good, well abstracted command line interface. Unlike Unix the command and flag names actually stood for something in VMS, and if you did not like the names of the flags you could edit them at the system level - giving you immediate language portability.

      If you want to talk Microsoft CLIs, Microsoft did at one time have a king of CLIs only few people would recognise it as such. Microsoft BASIC on the PET and Apple provided an environment where the command line and the scripting language were the same thing.

      Henry Spenser was an arogant dork when he said what he said about UNIX. One could say the same thing with far more justification of the UNIX developers.

      Don't mistake failing to agree with you with not understanding UNIX. The systems I have designed and helped design are used today by far more people than UNIX ever will be.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
  203. Re: *cough* FreeBSD *cough* by Anonymous Coward · · Score: 0

    see subject

  204. Re:Will someone squash SCO/Caldera/whatever alread by iggymanz · · Score: 2
    you forgot
    • GPL the core Unix IP


  205. They're welcome to try to collect from me by Anonymous Coward · · Score: 0

    but they'd better be armed better than I am. I don't pay extortion, and I don't recognize their authority. End of discussion. Fuck SCO sideways with a chainsaw. If they cant survive on thier own merits, every last fucking one of them should start getting used to living in a refrigerator carton and eating maggots, because that's exactly what they deserve. Hard, mind breaking, permanent poverty.

    1. Re:They're welcome to try to collect from me by pair-a-noyd · · Score: 1


      ROTFLMAO!!!!!!!

  206. Too bad SCO, you could have stayed in the game. by pair-a-noyd · · Score: 1

    But you choose to fall on your own sword.
    Just for the simple fact that you people would even consider such actions, rest assured, myself and many others will do everything in our power to drive customers AWAY from SCO products.

    The end is near, you've chosen suicide.
    Some people go out with a big bang, some go quietly. Either way, they end up the losers in the game..

    GPL. Learn it, Love it, LIVE IT....

  207. Re:Will someone squash SCO/Caldera/whatever alread by Anonymous Coward · · Score: 0

    Er, I think you've got it wrong. Publicising that you're out to buy a controlling interest in SCO will raise the market cap in the short term as people will be wanting to gouge you.

    How about this for strategy number 2?
    Buy $500 in PowerBall tickets and if you win, use the money to buy up SCO...

  208. Re:Will someone squash SCO/Caldera/whatever alread by fferreres · · Score: 2

    The very existence of DEATH TO SCO, Inc. would drive down SCO's stock price, which would make it even easier to acquire.

    It would drive the price UP, not down, and SCO shareholders would be very happy to see such a company created.

    A large comunity of activists can do a lot of things, but the last thing they want to do is benefit the "agressor".

    --
    unfinished: (adj.)
  209. This is me saying something dumb by Felinoid · · Score: 1

    Sounds like a nieve executive thinks anything vagely pretending to be Unix compatable is using SCOs IP and that they can sue for it.
    Or figure Linux is an easy target for frivilous clames.
    But the memo didn't result in anything.
    Rummors rummors and more rummors.
    I think before SCO mounts a lawsute the'll need to find the IP volations for sitation in cort.
    If there is real IP code in Linux then it must be patched out ASAP.
    Ferther there may be an issue of an IP trojen. If SCO/Caldera dropped SCO IP into Linux then what happends is:
    SCO in adding the code to GPLed code released the rights.
    No ferther code from SCO will be trusted. This may already be the case.
    SCO will face the wrath seen during the Linux one IPO.

    --
    I don't actually exist.
  210. How much of a stake by Anonymous Coward · · Score: 0

    Many years ago, a friend who used to work at SCO but moved to MS told me that MS owned something like 10-20% of SCO. I seem to recall MS wanted to get out of the UNIX market, so they sold Xenix to SCO, which became SCO Unix.

  211. Story on CNET seems to clarify SCO's intentions by The+Peace+Maker · · Score: 1

    Anyone seen the CNET story yet today entitled "SCO to seek fees from Linux users." http://news.com.com/2102-1001-980514.html It seems to indicate that the company is targeting a subset of Linux users that are using SCO's UNIX libraries and not the whole community in general. I'm breathing a sigh of relief right now.

  212. Research first please..... by MegaHamsterX · · Score: 1

    As far as I can determine, SCO is attempting to charge those that have moved from SCO to Linux and are running THEIR libraries. SCO is simply attempting to collect from those directly using their ip in the form of these libraries.

    Here is a relevant link explaining what this is all about LINUX ABI