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SCO Threatens Red Hat and SuSE
Guy Smith writes "CRN reports that SCO will target SuSE and Red Hat with lawsuits after they are finished with IBM (providing that IBM allows them live). To quote Sco, "There will be a day of reckoning for Red Hat and SuSE when this is done." They seem bent on destroying the Open Source community and they deserve to hear the community's opinion on the matter."
CRN: Some are worried that a court case might give Microsoft a legal precedent that could be used to deaccelerate adoption of Linux at customer sites. What do you say to that?
McBride: In our case, Linux comes from Unix and we own the Unix operating system. How this plays out with other code bases, I don't know.
CRN: What are you trying to do? Some say you are trying to compete against Linux by destroying it.
McBride: We will use our best efforts to protect our source code.
If that's not a battle cry, what is?
I probably won't join the flamewar on their inbox, but in EVERY circumstance where I find their products from this point forward I will offer that client a special discount on the hours I spend replacing it with any other product that will do the job.
Doesn't they sell a Linux distro? They can't sue someone for selling something they provide themselves under the GPL. Another point would be that if IBM release their trade secrets, you could only sue IBM unless the actual source code was the sectret. If someone is selling an implementation of your "trade secret" that's tough cookies, unless it's actually a stolen implementation. IANAL but this seems simple enough.
SCO has very few resources left to pursue these cases against IBM, Red Hat and SuSE. That all could change if Microsoft buys SCO for very short money. Suddenly, Microsoft would have a very strong tool to threaten Open Source Software companies.
"I'm The Bounty Bear. I will find him anywhere. I'm searching."
We all know the public FUD "Linux is like UNIX and WE OWN UNIX" ...
but have they actually said what it is they are suing over? What code is it, exactly, that the lawsuit is over? Linux wasn't derived from BSD or SYSV.. it was written from scratch.
Sco appears to be basically mounting nothing more than a smear campaign.
If there IS copyright infringement... and there IS code that SCO has the rights to in there:
It would be awfully hard for them to show intent - that the code was actually knowingly used without their permission. This is obvious.. as the entire linux world is going "HuH? What are you talking about?"
That means that all we would have to do is politely remove the code covered by their copyright, and have it re-implemented.
McBride: System V is the basis for all operating systems outside of Redmond, AIX, HP UX, Solaris, Apple and Linux. Linux is the only one not rationalized [from a licensing perspective].
I didn't know BSD wasn't "outside of Redmond". It looks like McBride has a firm handle on things. No wonder he thinks they have a case!
This isn't the sig you're looking for...
Na, thats unrealalistic. What IS more possible, is IBM buying SCO, thus owning ALL of SCO's code. Now, this means if IBM choses, they may open the source on ALL of SCO's products. That would just be a beautifull thing. :-)
Can all fish swim?
The problem is, they're not claiming specific problems with specific code. They're claiming ownership of "Unix." According to the lawsuit, IBM has a license with SCO to distribute IBM's own version of Unix (AIX). This stems from the fact that every version of Unix is a descendant of Bell Labs' original code. That's the code that SCO now owns.
Now, the simple fact is that SCO's code base is irrelevant. Many of the "high performance" features (SMP, NUMA, journalled file systems, etc.) that they claim IBM put into Linux aren't present in the original Bell Labs code, or even in SCO's latest-and-greatest OS offering.
So my impression is that SCO is actually claiming ownership of all of IBM's improvements, and charging that those improvements were illegally added to Linux.
Sounds stupid? It is.
[Note: any errors of fact are directly attributable to me not knowing of what I speak.]
You want the truthiness? You can't handle the truthiness!
I have been saying it since 1995. Even as far back as that (1.2.x - 1.3.x) linux on the same hardware was beating the shit out of it. I had to replace sevearal SCO systems with linux at the time and my overall impressions were:
1. SCO was slower
2. SCO was horrible to maintain
3. The file system hierarchy had nothing in common neither with system V, nor with posix, nor with anything else for that matter
4. It was so ridden with security holes that it could be hacked by script kiddiez on the fly. Raising the sec to higher levels (C2) even made the job easier for them beacause half of executables were setuid to maintain the functionality for C2 and almost every one of them had a buffer overrun.
5. The only thing it was useful for was running Oracle on a PC.
Since then, linux has got better. And as 5 is no longer the case SCO is dying. Frankly it deserves anything it gets. All IBM needs is an injunction preventing SCO from enforcing the 100 day clause in its contract. After that it is game over.
Baker's Law: Misery no longer loves company. Nowadays it insists on it
http://www.sigsegv.cx/
You're right, a) that they don't really have any hard proof. Their argument is that there is NO WAY linux could have advanced so fast if IBM hadn't been feeding them code. Completely ignoring the whole "Open Source Movement" thing, which isn't exactly a small workforce, not to mention the major companies who build bits of it. (ie Red Hat, SuSe, Mandrake...etc etc.)
Beyond that, however, when Caldera bought SCO, they did it for around 7 million dollars. And now they're suing IBM for like a billion for DEVALUING their 7 million dollar product. It's completely retarded, and I eagerly await the righteous can of whoopass that IBM is about to unleash.
Even if IBM had stolen ALL of SCO's code verbatim, and Linux had incorporated all of it verbatim, it is highly unlikely, based off past precidents, that they could recover even a fraction of what they are asking for.
I would almost welcome MS buying SCO, just for the amusement value of watching a convicted monopoly, and a convicted code stealer trying to sue someone else for monopolistic code stealing.
ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
Isn't that why the system is broken?
As groundless as the accusations may be, and as much as I spit at the feet of SCO for their tactics, I cannot agree with a system that rewards the richest litigant, instead of the one that deserves to win on the merit of the case.
I guess the US has gotten used to having corporations possessing so much power that it's considered normal to wave it around like a plush toy.
Doing the Right Thing should not be preempted by making a buck.
I belive their lawers and PR people are confused. Last I heard, they were more interested in IP, not source. SysV is SCO's IP, and the Linux kernel doesn't have SCO code in it, but lots of linux software is based around the SysV design, even if the software itself was written from scratch to behanve like SysV. They also seem to think that IBM and other United Linux partners might have included SCO IP into verious software.
Seems like their issue isn't the kernel, but the software being distributed with the kernel.
Remember folks, Linux is the kernel, not the OS. Distributions are the OS. SCO is after distributers, not the kernel. If anyone tells you Linux is an operating system, they're wrong.
I'm going to go back in my box and will think within the limits of my box: MS Sucks Linux Good I read too much Slashdot.
It's downright microsoftish.
As much as I dislike MS (and SCO), this really is not an MS tactic. Overall MS remains "ethically challenged", but I have noticed that the courts are a true last resort for them. I am actually quite impressed by that.
I prefer the "u" in honour as it seems to be missing these days.
Just thought I'd post my comments to SCO here as well.
Hello. I'm an admin at a medium sized company that currently uses SCO OpenServer 5.0.5 to run our accounting package.
I just thought I would voice my opinion that I am totally disgusted with the lawsuit against IBM, and after reading the threats to RedHat and SuSE I'm making it a personal goal of mine to see that Server stripped of SCO software, and running RedHat Linux within a time frame of 1 month. I'm currently testing the Linux version of our software which our vendor has agreed to supply us with free of charge.
I think your actions are well deserving of a response such as this, and would also recommend other admins in my position do the same.
I'll keep you posted as to the date of our SCO license burning festivities.
Thanks for your time.
What I find very strange about all this is M$ admits it's "anti-Linux/OSS/GPL" FUD isn't working after surveying people about their views in the Halloween VII memo.
You're making the assumption that the Halloween VII memo is an authentic, unaltered memo from Microsoft. How do you know it's not a forgery? Where's the proof?
I have an email from Bill Gates that says he'll give me $1000 if I forward the email to all my friends, but I don't think it's real.
"Can of worms? The can is open... the worms are everywhere."
SCO is using all sorts of GPL'ed code. They are in violation of the GPL with their actions, and as such, the FSF and other holders of copyright on that code can REVOKE their license to use it.
I'd imagine there are even GPL'ed apps bundled in UnixWare...
SCO is announcing to the world that they are prepared to go nuclear on this. So, everyone else needs to nuke them FIRST.
How strong will they be with no product to sell?
Corporatism != Free Market
I want to read the story but it's already slashdotted. Now the IBM lawsuit earlier I thought was just a big press stunt, but saying that after IBM they'll go after RedHat and SuSe is psychotic. They honestly can't be thinking they'll make it past IBM to begin with and secondly aren't they going after stuff that is GPL'd in the kernel? Which would mean they would HAVE to go after every single person and/or vendor who has compiled and sold the kernel for anything. Regardless of what the judge says should be proper penalties. I'm not a judge or lawyer but I can already see; "What took you so long to address this problem, surely you had a vested interest". I mean Linux did exist before IBM and if you make it past IBM which i'd probably fall over dead at that news but if, infact you do there is just no way you'll be allowed to exist selling "Unix" anymore. If you are an investor and invest in SCO; I'd sell right now before the IBM lawyers decide to rip SCO down to bare nothing, make them go bankrupt and then buy all their shit at an auction to recoup the lawyer fees.
SCO, you will not be missed and I think the place where you once stood will be scorched earth and well deserved. You're terrorists by every definition of the word.
SCO DOES believe that IBM has illegally taken SCO Intellectual Property and deliberately fed it into the linux community. If you read the complaint the scenario goes something like this...
SCO and IBM enter into agreement to produce 'hardened' Unix for the Intel Platform. When this development is done, and SCO expects IBM to market it, IBM says "nevermind we don't want to go in that direction anymore". Months later IBM announces an initiative to help the linux community 'harden' linux
SCO claim that IBM illegally used what they learned from SCO to make IP contributions to Linux. So even if the code wasn't copied the knowhow was illegally transfered from a private partnership with huge NDA coverage, to a public project without SCO's consent. If this is true, they have a case against IBM
I do not know what there case may be against Red Hat etc.
Keep passing the open windows...
From a business perspective, such a policy can make good sense. According to a book I once read, Xerox came to the same conclusion. Back in the 60's and 70's, they chased after everybody that might be violating their patents, but in the 1980's they decided that chasing people through the courts was a distraction from their main business and more trouble than it was worth.
Any sufficiently advanced technology is indistinguishable from a rigged demo
--Andy Finkel (J. Klass?)
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I do not understand why you are pursuing these blatantly insane legal shenanigans. As a SCO stock holder, I do not feel that your present actions are in the best interest of me, my shares or the Linux world in general. I originally purchased $4500 worth of stock at the IPO and had intended to keep this stock for the long haul, even though it is now nearly worthless. But if you insist in your attempts to harm the Linux and, by association, the IT/IS world I will have to dump my shares.
I had great hopes for Caldera. I go back far enough to remember when it first started up; when the name changed from Corsair to Caldera; I helped friends with recommendation to use Caldera Linux and even helped a friend get a job there. Now, it seems like you are doing everything you can to kill Linux, UnixWare & SCO Unix. It is a shame.
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If I actually could spell I'd have spelled it right in the first place.