Slashdot Mirror
SCO To Show Copied Code
A number of people have written this morning in regards to the latest update in the ongoing SCO dropping Linux, with word from LinuxJournal that SCO has broadened the implications of code copying. A number of analyst groups have come out, however, saying that it's fine to keep moving ahead with Linux adoption - and there's an interesting interview with SCO's General Manager of SCOSource.
"SCO already has claimed--some kernel versions released before IBM began contributing to Linux contain UnixWare code"
so ? where does the leak (if any) come from except from SCO itself ?!
Sco claims that Linux violates their IP. Sco also distributes Linux. Linux is licensed by the GPL. GPL = Free Code Errr... Maybe the only blood that will be let is from the hole that they shot in their own foot? It seems to me that they've already GPL'd whatever Unix code there "may" be when they condoned, sanctioned, and released their own distro of Linux.
As an astute poster pointed out on OSNews, they cannot collect on any damages anyway.
They distribute(ed) a version of Linux under the GPL, a licence that legally permits people to copy and branch the code assuming they put it under the GPL. Unfortunately for SCO, whether or not they knew they were distributing their own IP under the GPL or not is irrelevant to the rather compelling argument that they did put their IP under the GPL, and now that they continued to distribute linux after they found the alleged infringements means that no court would declare that licence invalid.
They distribute(ed) a version of Linux under the GPL, a licence that legally permits people to copy and branch the code assuming they put it under the GPL. Unfortunately for SCO, whether or not they knew they were distributing their own IP under the GPL or not is irrelevant to the rather compelling argument that they did put their IP under the GPL, and now that they continued to distribute linux after they found the alleged infringements means that no court would declare that licence invalid.
If anyone argues this, we lose in a bigger way. MS can then say "see, I told you so! GPL caused SCO to lose their IP!!!!".
It would benefit us greatly as a community if no company makes this argument in defense.
I've had enough abrasive sigs. Kittens are cute and fuzzy.
The problem is that the owner of this ip (most unix patents will probably be outdated anyhow) has been distributing it under the gpl, and thus giving up al rights to enforce their patents. The LZH case was different, the owner of the ip never gave permission to use it in gpl programs, and thus the person who first distributed it under the gpl (not those persons who distributed it further) would be liable.
Jeroen
Secure messaging: http://quickmsg.vreeken.net/
SCO: "See we use 'Bubble sort' here..." .. "And here is an example of 'Bubble sort' in the Linux kernel"
My point is that some algorithms are universal... and if no one has a copy right to them yet... SCO might claim that it is theirs and God save the Queen. It is stupid... We know it's stupid, they are stupid... "Stupid is as Stupid does" or something. This could turn into an ALL of Computer Science against SCO... Microsoft might actually have to help defend Linux to protect themselves.. now that would be funny.
You are not alone. This is not normal. None of this is normal.
I'm glad that the three BSDs are not yet being bothered by these wonderful people.
Sources seem to suggest that the BSD's cannot be bothered by the SCO suit. Recall the legal fiasco between the USL and the BSD's in the early 90's. There is a terrific history in Marshall Kirk McKusick's chapter Twenty Years of Berkeley Unix: From AT&T-Owned to Freely Redistributable in O'Reilly's Open Sources: Voices from the Open Source Revolution.
The relevant paragraph:
The lawsuit settlement also stipulated that USL would not sue any organization using 4.4BSD-Lite as the base for their system. So, all the BSD groups that were doing releases at that time, BSDI, NetBSD, and FreeBSD, had to restart their code base with the 4.4BSD-Lite sources into which they then merged their enhancements and improvements. While this reintegration caused a short-term delay in the development of the various BSD systems, it was a blessing in disguise since it forced all the divergent groups to resynchronize with the three years of development that had occurred at the CSRG since the release of Networking Release 2.
Kan jeg få en pils, vær så snill?
Nothing dramatic.
Basically they say, that if you use SCO shared libraries with Linux, you have to license them. There is some hyperbole: So they try to create the impression, that there is no UNIX software available without the iBCS2 interface. No need for comment.
They also state, that most users using the iCBS2 kernel interface didn't respect the copyright of SCO shared libraries. Today there is no need for SCO shared libs anyway, because all Linux application vendors sell now native Linux binaries using the GNU libc shared libraries.
Nothing in the above document proves following statement from SCO's letter to Linux customers:
"We have evidence that portions of UNIX System V software code have been copied into Linux and that additional other portions of UNIX System V software code have been modified and copied into Linux, seemingly for the purposes of obfuscating their original source."
As a Linux customer I request from SCO:
(1) Show the evidence!
(2) Use clear language: What do you mean with Linux? Whole Distributions or the kernel.
(3) Publish the UNIX source code into the Public Domain to become a respected company once again.
According to the mailinglist archives it was Larry McVoy who made that statement. Richard just replied to that message. And fixed the statement to read GNU/Linux :)
From the interview with Chris Sontag:
Q: SuSE feels protected against any legal action you may consider because of contracts with SCO and with UnitedLinux in which you are a member. Do SuSE and other Linux distributors including Red Hat have reason to be worried?
Regarding contracts we have with SuSE and UnitedLinux, I would unequivocally state that there is nothing in those contracts that provides them with any protection or shelter in the way they are characterizing this in the press. If I were them, I would not be making those kinds of statements.
Further, he goes on to say that this temper-tantrum is the result of IBM saying things SCO didn't like:
Basically, he [Steve Mills, IBM exec] said that IBM will exploit its expertise in AIX to bring Linux up to par with Unix and went on to say a lot of other things, like trying to help obliterate Unix. IBM is a licensee of Unix technology from SCO, originating back to contracts with AT&T Corp. So IBM's position became a big problem for us.
On behalf of Linux users and developers everywhere, fsck you, SCO.
I never did work for the Sequent/IBM group that was doing this work so I have no concrete basis for this speculation.
-michael