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Linus Comments on SCO v IBM

djtrippin writes "Linus comes forth on the SCO v IBM suit and how it pertains (or doesn't, for that matter) to Linux." He definitely puts a fair amount of perspective on the whole thing. This story really is only going to get more bizarre.

7 of 567 comments (clear)

  1. The crux of the article by sielwolf · · Score: 5, Informative

    For those of you looking for the 5 second MS Word XP autosummary.

    [snip]
    MozillaQuest Magazine: What sort of impact do you believe this sort of lawsuit filed by SCO-Caldera has on the Linux kernel, GNU/Linux, UNIX, and the Linux and free-software communities?

    Linus Torvalds: None, really. The people I work with couldn't care less.
    [/snip]

    --
    What is music when you despise all sound?
  2. Mirror in case it's slashdotted by jsse · · Score: 5, Informative

    SCO-Caldera v IBM: Linus Torvalds Comments on SCO-Caldera's Linux-Related Allegations

    Nearly One-Half of SCO-Caldera Income from IP Licensing and Enforcement

    By Mike Angelo -- 10 March 2003 (C)

    For more than a month now, SCO-Caldera has been doing some intellectual property (IP) saber-rattling and market posturing regarding its UNIX source code ownership and Linux. On 6 March 2003, SCO-Caldera stopped its saber-rattling and pulled the sword out of its sheath when it filed a legal action against IBM regarding claims involving the UNIX and Linux operating systems.

    Of the 136-paragraph Complaint filed by Caldera Systems, Inc., d/b/a The SCO Group, six are particularly significant regarding the Linux kernel, and the GNU/Linux operating system, and Linux distributions.

    Paragraphs 74 and 82 through 86 of SCO-Caldera's Complaint belittle and insult Linux developers, the Linux kernel, GNU/Linux, Linux distribution providers -- in essence the entire GNU/Linux and free software community.

    In an e-mail discussion, we asked Linus Torvalds to comment on the Linux-related allegations SCO-Caldera makes in its Complaint against IBM. Here is Linus Torvalds' uncensored commentary.

    Linus Torvalds: Ho humm..

    I'm not all that excited about commenting a lot on lawsuits, since quite frankly I want to have as little as humanly possible to do with such things. At the same time I obviously do find the SCO one a bit interesting, since it's the first lawsuit ever I know of that actually involves Linux, even if Linux itself seems pretty peripheral.

    Just as well, that "peripheral" thing ;)

    MozillaQuest Magazine: SCO-Caldera says in paragraph "82" that "it would be difficult or impossible for the Linux development community to create a grade of Linux adequate for enterprise use." (Without the aid of the alleged actionable conduct of IBM) Is that true?

    Linus Torvalds: I don't think IBM would have started using Linux if it was true. I think IBM got serious about Linux because it noticed that it _was_ "adequate for enterprise use" from a technical perspective, but lacked a lot of things IBM could bring to the table (marketing, of course, but even more than just marketing, just the presence of IBM made Linux be taken much more seriously).

    So I think IBM's involvement has been very important, but while IBM has fine engineers, the most important part by _far_ has been the "mindshare" part of it.

    But what does "adequate for enterprise use" really mean? The marketing and mindshare certainly _matter_ a lot for pretty much all enterprise customers. So in _that_ sense maybe SCO is right, even though I don't think that is really what SCO _meant_.

    MozillaQuest Magazine: It sounds as though this lawsuit is not a suit alleging copyright infringement, patent infringement, or trademark infringement (the standard three prongs of the intellectual property complex). Rather, it appears the Caldera v IBM action is more in the nature of a contract or tort action.

    Linus Torvalds: Yeah, I don't personally think they have any IP rights on Linux, and I agree, it looks more like a suit over the contract rather than over Linux itself.

    I don't think they are going to win it (very very weak arguments, since at least from a technical perspective I don't think the IBM involvement has been that significant, and SCO was losing out _long_ before IBM started pushing Linux). However, my personal (maybe overly cynical) suspicion is that even _they_ don't think they'll win the suit, and it may be nothing more than a way to force IBM back into license discussions over UNIX itself.

    So I think that 100-day license revocation thing may actually be the most important part of the whole suit, and that the rest might be just the excuse. If I was SCO and looking at IBM, I'd have long since noticed that IBM has been talking about Linux taking over more and more of their current AIX usage, to potentially eventually replace it altogether.

    So SCO sees IBM largely going away as a licensee in a few years - and while I certainly don't have any knowledge of how much that means for SCO, I would not be surprised if IBM licenses are quite a noticeable part of SCOs receivables.

    And what would you do? You want to get IBM back to the discussion table over licensing _before_ IBM starts to consider the UNIX licenses for AIX to be no longer worth it. I think IBM has announced they'll drop AIX eventually, but I do _not_ think that IBM is willing to drop it within three months. They tend to pride themselves on supporting their existing customers.

    MozillaQuest Magazine: What sort of impact do you believe this sort of lawsuit filed by SCO-Caldera has on the Linux kernel, GNU/Linux, UNIX, and the Linux and free-software communities?

    Linus Torvalds: None, really. The people I work with couldn't care less.

    The thrust of paragraphs 74 and 82 to 84 of SCO-Caldera's Complaint against IBM is that without the aid of the alleged actionable conduct of IBM, GNU/Linux would not be an enterprise/server grade operating system. Although in paragraph 84 of its Complaint, SCO-Caldera does not directly say it, when taken in context of the entire Complaint, SCO-Caldera is alleging that it is the alleged actionable conduct of IBM that provides items (1) through (5) set forth in paragraphs 84 to the Linux kernel, GNU/Linux, and Linux distributions.

    84. Prior to IBM's involvement, Linux was the software equivalent of a bicycle. UNIX was the software equivalent of a luxury car. To make Linux of necessary quality for use by enterprise customers, it must be re-designed so that Linux also becomes the software equivalent of a luxury car. This re-design is not technologically feasible or even possible at the enterprise level without (1) a high degree of design coordination, (2) access to expensive and sophisticated design and testing equipment; (3) access to UNIX code, methods and concepts; (4) UNIX architectural experience; and (5) a very significant financial investment.

    MozillaQuest Magazine: Did the Linux kernel and GNU/Linux developers and groups lack the technological capability of producing an enterprise level Linux without being bailed-out by IBM as SCO-Caldera claims?

    Linus Torvalds: "Bailed-out by IBM"? Hardly. Oh, IBM has certainly been very helpful, and I like the IBM engineers I work with, but Linux was running on 16-cpu Sun sparc computers long before IBM really got into it.

    In paragraph 85 of its Complaint against IBM, SCO-Caldera alleges that the Linux kernel and GNU/Linux are limited to handling a maximum of four CPUs.

    85. For example, Linux is currently capable of coordinating the simultaneous performance of 4 computer processors. UNIX, on the other hand, commonly links 16 processors and can successfully link up to 32 processors for simultaneous operation. This difference in memory management performance is very significant to enterprise customers who need extremely high computing capabilities for complex tasks. The ability to accomplish this task successfully has taken AT&T, Novell and SCO at least 20 years, with access to expensive equipment for design and testing, well-trained UNIX engineers and a wealth of experience in UNIX methods and concepts.

    MozillaQuest Magazine: Is this true? I thought the Linux kernel and GNU/Linux can handle 32 CPUs?

    Linus Torvalds: We still claim 4-8 CPU scalability. Yeah, it sure works on bigger machines, but they are just so uncommon as to not be a big issue yet, and most of peoples' resources are certainly spent on the mass market (well, UP is the _real_ mass market, but most of the kernel people tend to be fascinated by SMP issues, so we tend to target slightly higher ;)

    Normally, we end our articles with a summary and/or conclusion. We do not do so with this article. That's because we want you to have the benefits of Linus Torvalds' comments about the SCO-Caldera v IBM lawsuit without any spin from us. You are getting this just the way Linus said it and in context. Moreover, Linus Torvalds' comments are concise, well-expressed, and to the point. The only material in this article is Linus' comments with just enough background added by us to put the comments in perspective and context with the allegations of SCO-Caldera's Complaint. Thus, Linus Torvalds' comments need no interpretation or spin from us.

  3. Dennis Ritchie Comments and Documents from by zoid.com · · Score: 5, Informative

    Here are Dennis Ritchie's Comments from usenet and some supporting documentation from the USL vs. BSDI case.

  4. IBM is going to fight... by What+is+a+number · · Score: 5, Informative

    "sources close to to IBM say" IBM is going to fight it

    ...
    I type this every time.

  5. Read the SCO document by NullProg · · Score: 5, Informative

    As I've stated before (and have wasted too much time on this matter), here it is again...

    Concerning the few specific examples SCO listed in their court filing, the Omni print driver and JFS appeared in OS/2 long before Linux. Warp 3 and Warp 4 Server respectively. JFS appeared in AIX first but was never the property of UNIX.

    Per the SCO view, with project Monterey IBM gave away the keys to the UNIX kingdom to Linux.
    I'm sorry, but Monterey was annouced in October 1998. Well after Linux was ready for "prime time". I still have servers to prove so. Bicycle my ass.

    Sorry, end rant. Gulp Beer,
    Enjoy.

    --
    It's just the normal noises in here.
  6. Re:A Question by cranos · · Score: 5, Informative

    Important point - Linux is a UNIX Workalike, AIX is a derivation of the original UNIX making them completely different beings. Linux was built from the ground up based on the POSIX standards.

    Hope that clears things up.

  7. When SCO went bad (a memoir) by charlie · · Score: 5, Informative
    Obligatory disclaimer: I worked for SCO from 1991 to 1995. I was in the techpubs team working on SCO OpenServer 5, released in mid-1995. So I think I have some insight into SCO's corporate culture as it then was ...

    Kids, the company that filed this lawsuit is not SCO.

    Engineers at SCO were bolting together PC based UNIXes back before Linus got started. From the late 1980's, they inherited Xenix -- a descendant of AT&T System 7. In 1988 they bought the rights to AT&T SVR3.2 (for an eye-watering sum -- in 1994, each box SCO sold was encumbered with about $200 in royalty payments to other companies). By 1992, SCO UNIX 3.2.4 was a cash cow, and they needed something new.

    I'd rate the rot as having set in by late 1991. Before then, SCO was an exceedingly cool place to work -- one of the early UNIX start-ups, SCO was the outfit with the hot tub in the courtyard of the original company offices and the source of numerous interesting legends. There was a lot of cross-fertilization with SGI and Sun at the engineering level back in the late 80's, and some of that survived into the 1990's. But the ACE Initiative killed it dead -- led to a 15% downsizing in 1991, when SCO was forced to admit that it couldn't market Open Desktop against Windows and hope to win. Then there was a string of bad decisions that effectively doomed the company to ossification and slow decline.

    First there was the decision to build OpenServer in the first place. Then when SVR4 appeared to be making ground and SVR4.2 (UnixWare 1) came out, there was IIRC a quiet attempt to clone the SVR4 kernel. (The AT&T copyright declarations were retained in the headers, but by 1995 SCO's main product bore about the same relationship to SVR3.2 that a heavily customized rice burner bears to a showroom model.)

    But SCO was, at this point, still a real software company. The UNIX dev team had more than 200 engineers working in it. Then the rot set in for real ...

    (Historical aside: I first met Linux in 1993, as the system a bunch of SCO's engineers were running on their home machines. But when I left in early 1995, there was an attitude of complete denial in SCO's management -- Linux was a toy system that could never be relevant.)

    Anyway. Why did I leave?

    The main warning to me that the company was probably not a good long term career bet happened three months ahead of the functional freeze on OpenServer. One lunchtime managers came around our cubicle farm and pitch-forked us into coaches, drove us for two hours around the M25 motorway, and dragged us into a hotel at Heathrow where we were given glasses of grape juice and ushered into a theatre. The lights dimmed, the sound system came up playing "Things Can Only Get Better" (gack!) and the board of directors ran on stage punching their air. The occasion? It was to announce the retirement of the CEO and his replacement by the CFO (yes, the head bean counter). Said CFO promised to grow SCO's revenue base from $200M/year (in 1995) to $1Bn/year by 2000. I took one look at this stage, considered the Linux box (1.2 kernel) back home, and went back to my cubicle and started updating my resume.

    There's a point to this long, discursive ramble. After I left SCO, I kept an eye on it. Sales didn't do well, although the Tarantella middleware product -- Doug Michel's pet, after the board panicked, kicked out the accountant, and invited him back -- did okay. The UNIX dev team languished, became an appendix to HP and IBM with Monterey, and in the end was downsized repeatedly until it no longer existed. Finally, SCO split in two.

    The important corporate bit now follows. SCO had two arms; the Tarantella middleware arm, which was doing okay, and the UNIX arm, which was in a death-spiral. As I understand it, SCO Inc sold the UNIX arm to Caldera (then flush with IPO dollars), renamed itself to Tarantella Inc, and is presumably doing okay, albeit as a smaller software company in a different field. Caldera retained some of SCO's UNIX marketing and sales staff, but basically treated SCO's software as a cash cow. Caldera were set up with lots of money by Ray Noorda, but don't seem to have had a clue how to sell software. And the company now known as SCO is actually Caldera.

    So what's going on?

    Caldera has always been a money hole. Caldera peaked at something like 4% of the market for shrinkwrapped Linux distros, and never quite seemed to get the engineering side together. While Redhat's contribution is well-known, and SuSE have done a lot of solid engineering work (much of which is GPL'd -- the device drivers, for example -- rather than the much-more-visible and proprietary admin GUI), who remembers what Caldera tried to add to the community? (Yes, they tried to build yet another admin front end -- in the end, nobody else bothered using it.) Caldera basically targeted the commercial market before it was ready to buy Linux. Then they bought a sadly run-down product from SCO, and failed to promote it effectively. That's because Caldera still think they're selling software licences, rather than support and services. Now nobody wants to buy their licences (when they can pick up something equivalent for free) they're trying to attach a cost to the free stuff.

    It's somewhat sad that SCO's name is being dragged through the mud this way; it feels like someone I knew who's been dead for years just clawed their way out of the graveyard mud and began shambling around town looking for brains to chow down on.