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Microsoft To License SCO's Unix Code

The big news of this morning is that Microsoft will evidently be licensing the Unix code that SCO carries the rights to. Yahoo! is also carrying a brief WSJ report as well. Additionally, give a read to the OSI position paper on the issue. One thing that is worth noting is that Microsoft does do *some* work with Unix - like the interoperability package - but the other side is that Microsoft deals with intellectual property a lot, and licensing is standard way of dealing with IP claims.

35 of 740 comments (clear)

  1. A Better Reason by 1stflight · · Score: 5, Interesting

    It's more likely there's some "borrowed" code in Windows. Anyone else remember the bzip bug that for some odd reason also affected Windows systems. Yeah go figure.

    1. Re:A Better Reason by Idaho · · Score: 5, Informative

      It was not a bug in bzip, but in zlib IIRC. Apparently zlib is used by MS as well (statically linked in some apps), because the security flaw affected some MS products...

      You should be able to find it yourself, there haven't been that many zlib bugs, so the latest one is probably the one you're looking for :P

      --
      Every expression is true, for a given value of 'true'
    2. Re:A Better Reason by nano2nd · · Score: 5, Interesting

      It's very likely given that they owned the code in the 80's. The (very) abridged history goes something like this.. Micro$oft licensed Unix from AT&T and produced Xenix - a Unix-based OS for a variety of platforms including x86.

      Over time, this ended up in the hands of SCO. When you log onto a SCO Openserver box, the following is displayed:

      SCO OpenServer(TM) Release 5
      (C) 1976-1998 The Santa Cruz Operation, Inc.
      (C) 1980-1994 Microsoft Corporation
      All Rights reserved

      So one school of thought could definitely suggest that M$ are covering their own backs by licensing "borrowed code" they've been using for the last 20 years.

      However, what they have to fear from SCO I can't imagine.

  2. Let's keep calm by chthonicdaemon · · Score: 5, Interesting

    I have been following the whole SCO issue with some interest. This is exactly what closed source strategies cause: a lot of he-said-she-said finger pointing about use of 'our code' and not a lot of progress for mankind.

    On the bright side, even if the whole of Linux gets rejected, someone will come up with 'clean' code (like Atheos). There will always be free (as in speech) software. Unless DRM gets global support.

    --
    Languages aren't inherently fast -- implementations are efficient
    1. Re:Let's keep calm by zulux · · Score: 5, Insightful

      On the bright side, even if the whole of Linux gets rejected, someone will come up with 'clean' code (like Atheos).

      For me Free Software is all about the apps - if an OS can run Samba, PostgreSQL, Emacs then I'm happy.

      If Linux *disappeared* tomorrow - I wouldn't care one bit, becasue we have FreeBSD, OpenBSD, NetBSD and to certain extent Mac OS X.

      --

      Moneyed corporations, non-working 'poor' and criminal prisoners are turning productive citizens into tax-slaves.

  3. T'is evil by Timesprout · · Score: 5, Funny

    Late Sunday, Microsoft general counsel Brad Smith said acquiring the license from SCO "is representative of Microsoft's ongoing commitment to respecting intellectual property and the IT community's healthy exchange of IP through licensing

    Only the minions of Satan work on Sunday

    --
    Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
    What truth?
    There is no dupe
  4. MS Investment in SCO by Anonymous Coward · · Score: 5, Insightful
    Does MS still own part of SCO? Several years ago, they
    owned 10-15% of the old SCO (not Caldera).


    Microsoft and SCO go WAY back. In the early 1980's,
    Microsoft developed XENIX which ran on computers like
    the Tandy Model 6 and 6000 (68000 at 8MHz). SCO licensed
    XENIX, developed drivers and sold it initially into the 80286
    market (later 386). If I recall, the cost was $400 or so
    for an unlimited number of users (plus another $400 or so
    for the development suite).


    This is most likely a bid by Microsoft to do the following:

    1. Get "legal" on their UNIX tools
    2. Show good will (yes, we are good).
    3. Take a jab at IBM.

  5. Simmer down now by BrianUofR · · Score: 5, Interesting

    This isn't so crazy, so let's calm down. Windows NT is a POSIX-compliant operating system, so I'm not surprised if there's a non-trival amount of Unix-like development going on in Redmond.

  6. In case you didn't know... by sql*kitten · · Score: 5, Interesting

    Microsoft once had a Unix OS product of their own, Xenix. It ran on the old PC/AT processor (Linux needs at least a 386 for the hardware MMU). Way back in the day, Microsoft licensed Unix from AT&T, ported it to a variety of platforms (many of which no longer exist, this was in the 1970s), then sold Xenix to SCO, who ported it to the 386 and sold it as their own product for a while. Back then, while you could license source code from AT&T, the Unix name wasn't included, hence the name Xenix for what was essentially indistinguishable from "official" Unix. I believe a term of the sale was that Microsoft would not compete directly in the Unix space. I guess that condition must have expired. How amusing that Microsoft are now trying to license their own product back!

  7. Never trust anyone named "Ransom" by graveyhead · · Score: 5, Interesting

    Does anyone else find it ironic that one of the founders of SCO is named "Ransom Love"? I'm not sure exactly why, but in the context of the current lawsuit and now this possible merger, I find that extremely funny :P

    --
    std::disclaimer<std::legalese> sig=new std::disclaimer; sig->dump(); delete sig;
  8. Microsoft is effectively bankrolling SCO's lawsuit by NZheretic · · Score: 5, Informative
    IBM should get an injunction against the Microsoft-SCO Deal.

    There is no real effective Unix IP for SCO to license.

    Microsoft's SFU and Interix products are in no way depended upon the IP that SCO holds, quite the opposite in fact - Interix/SFU actually owes more to the GNU-project.

    Microsoft is just effectively bankrolling SCO's lawsuit. The EU Commerce Commission,the USA Federal Trade Commission and DOJ Antitrust should also look into this given Microsoft's recently disclosed anticompetitive predatory practices.

  9. Why MS has not shown the code... by Mr+Europe · · Score: 5, Insightful

    The reason M$ has not been willing to show the windows code is that they have borrowed unix-code to the NT. Especially the network and memory handling routines come to mind first.
    Now they licence it and get off the hook.
    If(when) MS buys SCO, how can they harm Linux. Definately MS will try it best to kill Linux. And money is no issue.

  10. Re:so, they screamed loud enough? by Catiline · · Score: 5, Interesting
    The argument for smalltime Linux distros against paying royalties for the supposedly infringing code gets a bit tougher

    Except that anyone, even the IANALs around here (of which I am one) should know that a never went to court ``settlement'' like this carries absolutely zero legal precedent.

    Instead, the way that I see this is simple: if Microsoft was -- as some have claimed -- funding this lawsuit, there had to be a monetary transaction somewhere. Until now, there wasn't any such transaction; while this is not in any manner a proof that Microsoft is the power behind the curtain, it does, coupled with their past statements on Linux as being harmful to IP, make this appear more like one of their publicity stunts.

    I have no doubt that IBM will ride this out to its' logical conclusion, and we shall have another AT&T vs. BSD case.
  11. Re:Is anybody surprised by this move??? by gol64738 · · Score: 5, Interesting

    IBM, just go ahead and buy SCO, GPL everything they own, and let's put this silliness behind us.

    as easy as that sounds, it literally makes me sick to think that SCO will be receive one single penny from this.

    SCO, in all of their selfishness, deserves nothing. it is not the fault of the community if SCO's business model did not put more focus into the linux market by establishing a distro and services very much like Redhat has done.

    Before even hearing that Microsoft is now involved, I had a hunch that this would be a perfect thing for MS to push. From the surface, it makes the GPL look shaky and raises doubts for IT departments allow linux onto production systems; what a perfect attack.

    however, having been involved with the linux and open source community for almost 10 years, i know how strong of a voice we have. you can bet the community won't sit idle and let this foolishness actually happen.

    good luck brothers! i fear this battle will be the biggest linux has ever faced, and i know we will stand together and not let corporate greed foil our plans for an open world of computing.

  12. Re:Why Microsoft is doing this by Anonymous Coward · · Score: 5, Informative

    Absolutly. Its little more than a snide effort to point and snear at that "Linux" thing, that steals the Intellectual Property of companies such as SCO. Its not like you have to look far to find evidence of this attitude, either. Right there in the article (This one from CNet)

    Late Sunday, Microsoft general counsel Brad Smith said acquiring the license from SCO "is representative of Microsoft's ongoing commitment to respecting intellectual property and the IT community's healthy exchange of IP through licensing. This helps to ensure IP compliance across Microsoft solutions and supports our efforts around existing products like services for Unix that further Unix interoperability."

    Well gee Brad, why don't you just come right out , call us all theives and demand that Linus be given the electric chair?

  13. Why are people surprised? by Kefaa · · Score: 5, Interesting

    Microsoft has a history of buying out competition and FUD. They have been watching as Linux constantly forged ahead regardless of the attacks they placed. Linux was not responding as a company would and MS could not deal with 100,000 developers, they needed a company.

    They just got one.

    My prediction: Every MS sales manager will be out in force over the next fews weeks. At every MS supported site they will be sending the same message:
    "I see you have Linux here. Just a word of advice, we are going to be pursuing litigation over some of "our" intellectual rights that have been stolen, and we really want to keep our customers protected. You may want to move to MS products before you get caught up in something ugly.

    For your own protection."


    While we don't like it, we should not be surprised by it. They have a $30 billion check book to keep this tied up in court for years. They won't want a resolution, they want litigation or the threat of it.

  14. FreeBSD was sued years ago, now its clean. by Anonymous Coward · · Score: 5, Interesting

    Remember when FreeBSD got sued by AT&T and lost market/mindshare to Linux during that mess?

    Now the situation has reversed.

    I wonder if FreeBSD will regain some of the lost marketshare as a result of this.

    After all, it was rewritten to get rid of intellectual property issues so people who migrated to avoid this particular risk might find it attractive.

  15. Re:Why Microsoft is doing this by eXtro · · Score: 5, Interesting
    No, the GPL does not make that impossible at least in a legal sense. I can stick as many license agreements and copywrite notices around a piece of code as I want, if I don't actually have the rights to do so it isn't binding. So if there actually is tainted code in Linux then it does cause jeapordy regardless of the GPL since the GPL doesn't apply.


    Unless I've missed it SCO hasn't said exactly what part of the kernel they're claiming rights on. At some point that will have to be revealed and the kernel developers can examine their alternatives.


    I still think that companies shouldn't be allowed to sit in stealth mode while they wait for the proper time (such as imminent bankruptcy in SCO's case) to perform their legal jack-in-the-box stunt.

  16. Re:Microsoft is effectively bankrolling SCO's laws by graveyhead · · Score: 5, Funny
    There is no real effective Unix IP for SCO to license
    I don't know which planet YOU are from, but in my book SCO (the f**kedcompany formerly known as Caldera) is an extremely innovative company. I mean, when I installed their version of Caldera Linux back in 1998, they had a game of Tetris that you could play while the installer ran. Tetris! WHILE YOUR OS INSTALLED! Now, if that's not real innovation worthy of IP protection, I don't know what is. So don't you dare come along mister and say that SCO has no real effective Unix IP to license :P
    --
    std::disclaimer<std::legalese> sig=new std::disclaimer; sig->dump(); delete sig;
  17. Re:How about OSX? by budGibson · · Score: 5, Interesting

    Actually, the AT&T license covers System V only. BSD is a separate issue that was settled some time ago. The Apple kernel is a BSD derivative, so safe. Linux is a mix of BSD and System V, so a target of SCO.

    The funny thing is that Richard Shaheen, Microsoft's chief OS architect, is the one that invented the BSD Mach microkernel, the basis for OS X and Next before it.

    Basically, it was possible to do development on BSD because AT&T came to agreement some time ago with the academics who developed it, allowing them to keep the source. Before this agreement, there was actually disagreement and legal battles similar to what we are seeing today.

    Back when BSD forked, ownership of the trademark and intellectual property was murky. AT&T had basically been giving out the source, somewhat similar to SCO' recent practice, but not under the GPL. Since SCO released under the GPL, their claims do not seem very strong.

  18. What if SCO stole the Linux code first? by PaddyM · · Score: 5, Interesting

    What if SCO took linux code and put it in their unix code and then said, "Look, linux stole our code". How can we prove that they didn't do this?

  19. "ongoing commitment"... by torpor · · Score: 5, Funny

    ... yeah, right. I'm sure the folks at Stac would have something interesting to say about that ongoing commitment to IP.

    Or Apple, for that matter.

    --
    ; -- the corruption of government starts with its secrets. a truly free people keep no secrets. --
  20. Nonsense by sql*kitten · · Score: 5, Interesting

    The reason M$ has not been willing to show the windows code is that they have borrowed unix-code to the NT. Especially the network and memory handling routines come to mind first.

    Microsoft used BSD code, but the BSD license permits this. You can try this simple experiment on your own PC, assuming you have Cygwin:

    C:\WINNT\system32> strings FTP.EXE |grep -i copyright
    @(#) Copyright (c) 1983 The Regents of the University of California.


    Now why would Microsoft leave that in there if they were deliberately trying to hide it?

  21. Think about it by platypus · · Score: 5, Insightful

    I think this is actually a sign how desperate MS is. Yes, I wrote desperate.
    They are basically stabbing IBM in the back, and that seemingly for no apparent reason, except for the fact they want to hurt IBM's adoption of linux.
    And that is why I am inclined to call it desperate, because it will hurt them more than it helps. SCO will lose this suit big time, and IBM will be see that another proof that MS is unreliable, which will further underline the importance for them to go with linux.
    Basically, MS may have declared an end to a business relation with IBM, where both partners demonstrated a good relationship in the public while kicking each others shinbone under the table.

    They openly kicked IBM here, and they'll have to expect IBM to do the same when they get the chance. Therefore I think MS wouldn't have done that if they had felt themselves in a strong position against IBM/linux.

  22. The truth about SCO code in Linux & Windows XP by standards · · Score: 5, Interesting

    OK, it's clear to me (and most analyists) that this SCO/Linux, Sco/Microsoft, SCO/IBM, SCO/Anything is just a sophisticated "marketing" scheme designed to fool everyone in order to capture headlines, money, and marketshare.

    I am convinced that SCO, failing to release any evidence what-so-ever of any claim, is merely attempting to manipulate the market. Microsoft, who admits to be fearful of Linux, is looking for anything to confuse potential Linux customers.

    NONE of this is news. SCO hasn't been able to show if there has been any violations, likely because there are none. Microsoft has not been able to specify which code they were in violation of, if any, or what code they "licensed".

    Therefore, I believe that SCO is just making this all up. I believe that Microsoft is helping them. I believe they are doing this because the executives at SCO want to make money by damaging the reputation of Linux. I believe it is in Microsoft's best interest to help them, because Microsoft's data center business is being bashed by Linux.

    My belief and speculation should be the headlines. I suggest
    "SCO's new illegitimate business model?"

    Because given all the previous "press releases" by SCO, it is is the most likely truth. Maybe I'm wrong... but just lok at the evidence provided so far.

  23. Re:The Reason is Simple by pyrotic · · Score: 5, Insightful

    The enemy of my enemy is my friend

    Said Donald Rumsfeld to Saddam Hussein in 1983.

  24. You know why they did this.... by plazman30 · · Score: 5, Informative

    SCO sues IBM claiming UNIX source is in Linux. IBM DOES NOT buy outr SCO, despite SCO's plan for them too.

    Microsoft sees this a great way to impact Linux, so in order to legitimize SCO's claim on Linux, they decide they're going to license SCO's technology from them. Though they probably don't need to, and don't have any IP issues, by spending some money, they help legitmize SCO's claims against Linux.

    The probably would have just bought SCO outright, but the would sicked the trust busters on them faster than you can imagine...

    And now SCO is threatening to pull IBM's UNIX license. Well both IBM and HP have announced that they plan to move to Linux as their primary OS for their midrange systems, instead of AIX and HP/UX.

    I don't want to say UNIX is dying here, cause it's not, but UNIX is definitelyu being looked at less and less by it's 2 biggest licensees. SCO sees this and doesn't like it. After all, they abandoned their Linux business in favor of UNIX, and now they're learning a lot of people have abandoned their UNIX business in favor of Linux.

    I think HP, IBM, RedHat and all those UnitedLInux companies should buy SCO and release all that UNIX source code under the GPL.

    But I don't think they should buy SCO till AFTER they lose in court. Don't give SCO what they want, which is a buyout.

  25. Here's why SCO might actually win the lawsuit by Anonymous Coward · · Score: 5, Insightful

    First, Microsoft views Linux as a HUGE threat and would benefit tremendously if SCO wins.

    Second, Microsoft's polititical contributions have enabled it to get ridiculously biased outcomes in US courts. i.e. Anti-trust judgement "forcing" MS to give free copies of its software to schools, etc. which is ironic since giving away software for free was one of the problems.

    Third, you can expect Microsoft to let politicians know what they prefer as the outcome in the SCO lawsuit while they hand out big fat checks.

    Note the difference in the amount of political contributions from Microsoft before and after their anti-trust lawsuit. Expect the ROI from this year's contributions to benefit Microsoft exactly as it has in the past.

    In 1996 Microsoft contributed:
    $251,474 total
    $136,424 democrats
    $110,000 republicans

    In 2000 Microsoft contributed:
    $4,616,103 total
    $2,134,241 democrats
    $2,460,543 republicans ...

    For more recent campaign contribution info, see:
    http://www.opensecrets.org/orgs/summary.asp? ID=D00 0000115&Name=Microsoft+Corp

    NOTE: Microsoft is simply playing by the rules and doing what is in the best interest of their shareholders. If you don't like it, help change the rules regarding campaign finance by taking ACTION.

  26. RMS has been correct all along by suds · · Score: 5, Interesting

    I now see the reason why RMS has always insisted on keeping Free Software *free* (as in spirit) and never let any corporate interests to hijack the development of Free Software. The whole *open source* thing brought greedy corporations into play and we are now seeing the results!!

    Where is RMS when we need him!?

  27. MS code in Solaris by Bazman · · Score: 5, Interesting
    This is some of /usr/bin/clear on a Solaris 2.8 machine:
    #!/usr/bin/sh
    # Copyright (c) 1984, 1986, 1987, 1988, 1989 AT&T
    # All Rights Reserved

    # THIS IS UNPUBLISHED PROPRIETARY SOURCE CODE OF AT&T
    # The copyright notice above does not evidence any
    # actual or intended publication of such source code.

    #ident "@(#)clear.sh 1.8 96/10/14 SMI" /* SVr4.0 1.3 */
    # Copyright (c) 1987, 1988 Microsoft Corporation
    # All Rights Reserved

    # This Module contains Proprietary Information of Microsoft
    # Corporation and should be treated as Confidential.
    Strangely enough, /usr/bin/clear is essentially a one-line script using 'tput', and I cant see any other 'Microsoft' string in anything in /usr/bin.

    Baz

  28. Re:Microsoft has been using a lot of UNIX code by jbrandon · · Score: 5, Funny

    I would be willing to bet there is quite a bit of Unix code in Windows. How else could you explain the gradual increased steadiness over the past 5 years.

    You're right! There's no way a team of programmers could create a stable operating system without stealing Unix code!

    SCO should just start suing anyone who produces a "stable" OS. That'll teach those fuckers!

  29. Will M$ buy SCO's Unix IP? by edgarde · · Score: 5, Insightful
    Buying SCO's Unix IP and going after Linux with that would most likely result in more antitrust attention at Microsoft.
    Microsoft is currently almost immune from antitrust law. They may just be deferring the abovementioned purchase until the 2004 election results come in.

    This might be ridiculous conspiracy theory if we were talking about another company.

  30. This may be a bit redundant but... by GodHand · · Score: 5, Interesting

    This is so obvious:

    SCO is taking shots at linux on its own (and in part Microsoft's) behalf. I would bet that SCO has been working a deal with Microsoft to get some code licensed that SCO has. Suddenly SCO realizes that some of the code microsoft wants is already out. Seeing this might cause a problem with how "edible" they look to microsoft they start hammering away at whoever they can (IBM) for infringement on those same rights previously.

    So in part, I think its that they wanted to look better for Microsoft, but I don't think it was a ploy to have someone buy them out necessarily.

    I'd assume that in the end this will be a gestapo tactic like someone mentioned earlier and also a strategy to kill off linux as competition.

  31. Microsoft only buys what it needs by metamatic · · Score: 5, Insightful

    Microsoft only buys stuff that has value to it, and even then it only buys when there's no alternative.

    SOP at Microsoft is:

    1. Approach a small company that has some cool technology.

    2. Get a perpetual license for the technology and source code, in return for a cash injection.

    3. Take the source, incorporate it into Microsoft products, and give those products away as bundled parts of Windows and Office, reducing small company's own products to zero value.

    4. Shed worthless husk of small company.

    Examples are too numerous to list, but VIVO is the classic that fits the model perfectly. Real would have gone the same way if they hadn't secretly worked on their G2 stuff in a separate code stream that wasn't covered by their agreement with Microsoft.

    --
    GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  32. Embrace and Extend... by Lodragandraoidh · · Score: 5, Insightful

    Microsoft is going to dig through the Unix code, and the Linux code side by side. They will find interoperability shortfalls to take advantage of, or failing that, will create them by extending APIs, or using undefined fields in APIs to their advantage (e.g. Java et al). If the majority of desktop systems can't interoperate with Linux, then their thinking is, "Linux is dead in the mainstream".

    Look for Microsoft to try to manipulate Posix standards toward proprietary extensions. Also look at them to support SCO in the patent infringement case.

    Urge your friends to boycott Microsoft products, buy systems without the 'Microsoft Tax' (without an OS - easiest way to do this is build a machine from parts), and reload Microsoft machines with Linux (my game box is going to be loaded with Linux exclusively in the next few days - directX is dead - long live OpenGL!)

    More importantly, support Linux and open source products/projects. Lets get the breadth and depth of computer games now available on Windows for Linux by buying/supporting Linux games/developers, and following through on open source game development. Desktop productivity tools are there, now lets get the other arenas up to speed as well.

    --

    Lodragan Draoidh
    The more you explain it, the more I don't understand it. - Mark Twain