Slashdot Mirror


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.

71 of 530 comments (clear)

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

    How to win friends and influence people.

    --
    POKE 36879,8
  3. 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.
  4. 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 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.

    3. 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.

  5. "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.

  6. 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?

  7. 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.

  8. 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?

  9. "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!
  10. 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.

  11. $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!

  12. 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.
  13. 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.

  14. 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 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.
  15. 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 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.

    2. 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

    3. 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.

    4. 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.

  16. Re:of course by Ponty · · Score: 3, Funny

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

  17. 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.

  18. 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"
  19. 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.

  20. 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.
  21. 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?

  22. 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....

  23. 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?

  24. 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
  25. 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.
  26. 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.

  27. 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...

  28. 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.

  29. 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?
  30. 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
  31. 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/
  32. 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
  33. 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.

  34. 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 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.

  35. 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
  36. 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.

  37. 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
  38. 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.

  39. 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 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?

  40. 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
  41. 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
  42. I guess it is time to pay-up . . . by Idou · · Score: 3, Interesting

    to my favorite software patent fighting organization!

    --
    Sdelat' Ameriku velikoy Snova!
  43. 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
  44. 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.

  45. 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.

  46. 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.
  47. 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.

  48. 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..."