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Microsoft Not Underwriting SCO's Legal Fees?

An anonymous reader wrote in to say "Linux Business Week carries this morning a claim that Microsoft only bought a Unix license from SCO Group because there's been a prior development project underway at Redmond that warranted it. "The license was not seen as a way to underwrite SCO's legal fees," says a source within the company. "The idea of getting a SCO license had been under consideration prior to the IBM lawsuit." "

33 of 239 comments (clear)

  1. So? by SkArcher · · Score: 5, Insightful

    There is no way of either truly confirming or denying this. Microsoft won't, i am prepared to bet, actually say what they are working on, and Very few people trust M$ to be telling the truth. End discussion, really.

    --

    An infinite number of monkeys will eventually come up with the complete works of /.
    1. Re:So? by bob_jordan · · Score: 4, Funny

      I still find it odd that Microsoft licensed SCO code on May 19th.

      http://biz.yahoo.com/rc/030519/tech_microsoft_un ix _1.html

      And on May 20th ...

      http://table.finance.yahoo.com/k?s=scox&g=d ... SCOs stock closed at 6.66

      Coincidence?

      Bob.

  2. This is good news for Linux by Ignorant+Aardvark · · Score: 3, Interesting

    Maybe SCO won't engage in ultra-frivolous lawsuits now since they can't get funding for them? This is good for Linux: Microsoft is rejecting a part that would lead them directly against Linux. Kind of makes you wonder what Microsoft is thinking, though. Did they drop the ball on this one? Or are they trying to survive longer by not appearing to be a monopoly (which they would if they used legal means against Linux)?

  3. This is how the system is played. by subreality · · Score: 5, Interesting

    Always remember these two words:

    "Plausible Deniability"

    1. Re:This is how the system is played. by orcrist · · Score: 3, Funny

      but is there a real case of "plausible deniability" on record?

      If it were 'on record' it wouldn't be very plausibly deniable now would it?

      -chris

      --
      San Francisco values: compassion, tolerance, respect, intelligence
  4. In your best Dr. Evil voice by truthsearch · · Score: 4, Funny

    Riiiiiiiiiight

  5. Exactly. by Anonymous Coward · · Score: 3, Funny

    "The idea of getting a SCO license had been under consideration prior to the IBM lawsuit."

    Exactly. They thought of it (the lawsuit), then implemented it.

  6. right on. by RMH101 · · Score: 3, Funny

    shall we end this discussion now?

  7. Wait and see by jpmahala · · Score: 3, Interesting

    The fact that the license would make it easier to enhance future versions of Services for Unix was a deciding factor.

    I guess we'll have to wait and see if Services for Unix remains a half-assed endeavour...

    1. Re:Wait and see by golgotha007 · · Score: 5, Insightful

      Microsoft has been distributing their Services for Unix software for some time now. If you will remember, the entire purpose they attended LinuxWorld last year was to show this product and even hand out free CD's to try.

      Basically, Services for Unix runs on Windows and is designed to replace UNIX servers by offering some similiar services such has NFS and NIS. The idea here is for companies to gracefully migrate their servers away from UNIX and lock them into a MS products.

      I just don't understand why Microsoft didn't purchase this license years ago when the Services for UNIX was first started.

    2. Re:Wait and see by jc42 · · Score: 3, Insightful

      I just don't understand why Microsoft didn't purchase this license years ago when the Services for UNIX was first started.

      It makes sense to me.

      For the purposes of their "Services for UNIX" effort, there is no need for a license whatsoever. They could just install linux and *BSD on a flock of development machines, with no license required. Software that runs on all these is going to be highly POSIX compliant, so porting it to other unix-like systems should be easy. Buying a few Solaris, HP-UX, OSX, AIX, etc. unix test machines would suffice for the rest of the market. They could even buy a few Caldera/SCO boxes to add to the test lab.

      Unless they really want to muck around in the innards of SCO's commercial offerings, there's no need of a license at all. The only reason to do this is to supply non-portable apps that run only on SCO.

      So what remains is the only reasonable explanation for their licensing SCO's stuff: They want to give SCO a big chunk of money for some purpose other than developing software for the unix market. One guess what this reason might be ...

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  8. Not surprising by SamBC · · Score: 3, Informative

    For one, do you really expect Microsoft to admit publicly to any underhand tactics - unless you count halloween documents.

    For two, it's been a reasonably popular view that SCO are a Microsoft Puppet for some time. I can't say whether it's true or not - I don't know. All I can say is that it seems to fit the evidence quite well.

  9. APP Network News... by defishguy · · Score: 5, Funny

    Dateline OZ.... As reported earlier the Wicked Witch and her consortium of mean little monkeys has licensed rights to the Ruby Slippers from Glenda the Good Witch. Glenda, who is suffering financial problems, and was unable to leverage her IP against the Dorothy Corp (NYSE-DC) and with little opportunities elswhere in the Good Witch market it was assumed that the Good Witch franchise (NYSE-GWF) would soon collapse under the weight of farm houses. Timing IS everything!

  10. The sad part. by Badgerman · · Score: 4, Insightful

    Let's say this is true. Hey, it may well be.

    There's still something to be learned from all of this - namely Microsoft's problem with people not trusting them is very real.

    In short, Microsoft is not a company that a lot of people would give the benefit of a doubt.

    After so much FUD, how can we trust them?

    --
    "The Sage treasures Unity and measures all things by it" - Lao Tzu
  11. Re:How unbelievable by Anonymous Coward · · Score: 4, Interesting

    Well yes and no.

    Microsoft would need to buy a Unix license from SCO. The IBM lawsuit isn't about who owns the Unix code, as far as I can tell this is beyond doubt, SCO owns the rights to it.

    The lawsuit is about the Unix code being improperly used within Linux.

    So, MS isn't 'legitimising' SCO's claims. Each case goes on it's own merit and from what I can gather, there's no way IBM can use the MS issue as leverage, the two aren't connected in any way, apart from being deals with the same company, one licensing one product, the other saying code from said product was used elsewhere.

  12. From the Article... by tclark · · Score: 5, Funny
    Then the suit came along. The lawsuit was seen as indirect supporting our position on the value of IP. Since other software vendors who depend on software licenses haven't been exactly falling all over themselves to support our position, seeing something that supported it was welcome. The idea of going ahead with the license was initially motivated by wanting to make a statement reinforcing everything we've been saying about IP.

    Translation: SCO was looking to f*** over Linux and IBM, and we liked that. Most of the other software vendors, traitorous bastards that they are, have been all too happy to port their stuff over to Linux.
  13. Double speak, or PC speak, call it what you will by gaijin99 · · Score: 4, Insightful
    MS, of course has no intention of doing anything to undermine Linux.

    What bothers me is not the lie, but the pervasiveness of this sort of attitude. They don't want to admit their true motives, so they lie and the mass media doesn't call them on it.

    My question is simple: why are they bothering? They have financial interest in seeing Linux, and MacOS, failing. If Linux's market share expands, theirs contracts. Nothing difficult to understand here.

    Unfortunately, that their pathetic lie being allowed to go un-challenged means that otheres will keep right on lying in ever more pathetic manners. Let's have some artistry here, if someone wants to lie to me I expect it to be plausable, not rediculous.

    Its rather like the political "doner's" lie: "Oh, no, I'd never bribe a politician. This particular politician just wants to give me special favors because its part of his political philosophy, I'm just giving him money to express my support of that philosophy."

    Since that excuse works so well in politics why not everywhere else: "Oh no officer, I wasn't paying that woman for sex, she simply has a philosophy of giving oral sex to strangers, I'm merely expressing my support for that philosophy."

    Really, MS, politicians, their lies are just too transparent to be amusing. We need a better class of lies damnit. Either that or some honesty, that would be original too...

    --
    "Mission Accomplished" -- George W. Bush May 1, 2003
  14. Oh right.. by MongooseCN · · Score: 4, Funny

    "I didn't mean to give that gun and 10,000$ cash to the murderer just before he killed my *&*(&$# cheating POS ex-wife. It was pure coincidence."

  15. Re:Why the need for an SCO License? by Zelet · · Score: 4, Interesting

    Actually they are working on a port for Office on Linux. I have a friend who was interviewed for a developer position for it.

    --
    ...And when they came for me, there was no one left to speak out for me." - Martin Niemoeller (1892-1984)
  16. Yeah, yeah, yeah... by mrkurt · · Score: 3, Insightful

    [*sarcasm*]I'm sure everyone believes that. But even if it isn't true, Microsoft could be "licensing" SCO to uphold their own position on intellectual property, which is that you must obtain a license and pay for everything. It fits in perfectly with their business model, and should hardly come as a surprise: we always knew where they stood. That this could be a little "down payment" on what they hope to get out of the litigation against IBM is a bonus.

    --
    Always look on the briight side of life! (whistle, whistle)
  17. I don't think so by stoev · · Score: 4, Insightful

    They don't need SCO code for any UNIX emulation.
    1. They can take (F,N,O)BSD code and get a perfect UNIX(ish) layer.
    2. If they want to pay somebody, they can go to http://www.windriver.com/products/bsd_os/index.htm l and I guess they will get actually better support for what they probably want to do

    Just tell me what is the benefit of SCO code from the MS point. I'll tel you - they know SCO was going to do something and now they are covering their traces with smoke.

  18. Microsoft Quizz by borgdows · · Score: 3, Funny

    The license was not seen as a way to underwrite SCO's legal fees ...

    a) ... but to damage Linux reputation
    b) ... but to be good citizens
    c) ... but underwrite Cowboy McNeal's PR services

  19. Another unsubstantiated Maureen O'Gara Story by beacher · · Score: 3, Interesting
    Getting tired of her. Previous story about the SCO Threatens to Press IP Claims on Linux -$99/cpu was written by her and a lot of the comments were made that it lacked any real references. Now it's

    "A Microsoftie fresh back from vacation decided to try to find out the real story behind Microsoft's controversial SCO license. (If you don't know what we're talking about see story below.) This is the explanation he came back with. Note that it is second-hand. "

    Look, I know Microsoft has it's NDA agreements, but too many of her stories are uncited, unsubstantiated, and just plain dumb.
    Is this really Microsoft's attempt to extend Windows Services for Unix? 3 years ago Microsoft announced that Windows Services for Unix works with all Unix variants including SunSoft Solaris and Red Hat Linux 5.0, so why bother buying SCO licensing now? Did they pay Redhat as well (GPL yah yah I know), did they pay anyone else?

    The timining of this is too coincidental, but c'mon no more Maureen O'Gara stories. Let me know if more get published, I know some tinfoil manufacturers that I need to invest in. -B

  20. CYA Situation by Deathlizard · · Score: 3, Insightful

    I still Believe that this is more of a Cover your @$$ issue than it is a IP Rights Issue or a Bash Linux Issue.

    I mean they've been sued once by SCO already and lost because of DRDOS and SCO is now suing IBM Over Unix. Guess who's next in line that has a big pile of money sitting in a corner of a room that has Unix IP. Most likely Microsoft Lawyer XP(TM) is advising Bill that paying the Royalities is cheaper than going through yet another reputation damaging lawsuit over Unix.

    MS is taking the bullseye off of it's back to allow them to work on their Unix Stuff without worry and forces SCO to go after other companies such as Sun.

  21. Senor, Que pasa, Senor? by SEWilco · · Score: 5, Funny
    That is totally coincidental.

    Microsoft was planning long before the SCO lawsuit to respond to the popularity of Apache web servers with Apache helicopters.

  22. MS Services for UNIX 3.0 by ebooher · · Score: 5, Interesting

    Last week I received this months copy of SysAdmin magazine in the mail. What happened to accompany my magazine in the shrink wrap? None other than Microsoft's Services for UNIX 3.0 which used to be Interix Services. It's possible that this product has the potential to contain code that could be obtained from other sources.

    I don't remember much about Interix before Microsoft bought them, but I do remember using a demo copy of the Interix Services package and what it did do was pretty cool. It gave a UNIX functionality layer to the NT system. You could log in via SSH and perform all command line functions that you would find on any *BSD, *Linux box. Including cross compile. I seem to remember the demo package including GCC that had been compiled specifically for this package.

    Unfortunately I don't have a single MS box in my current possession to install this on to play with. One of my poor, ailing, FreeBSD boxes might get wiped to play with this for a few weeks.

    Since everyone else is throwing out conspiracy theories, I suppose I'll throw my own into the arena. CAUTION the following is frivolous bullshit that has no way to be proven except in my own mind. But isn't that true of most of these theories people have?

    Interix starts out as a company to build a UNIX compatibility layer for the NT kernel. What better way than to look at the source that is freely available to decide what road to take. Looking at *BSD and *Linux they find that with a little effort they can write a compatibility layer and run pure *NIX apps right on top of NT. (They even have a XR11 port for this layer) All fun, all native, all fast.

    Since this is starting out as an exercise in theoretical mechanics of getting UNIX to operate directly on NT, they borrow some "free" code to figure out how exactly to get it all to fit together. Purely with the intention of yanking all "borrowed" code later should this prove to work as they can afford to.

    Their compatibility layer works better than expected, apps can easily cross compile to their pseudo-kernel and anyone that isn't directly in front of the box doesn't know they aren't talking to UNIX. This causes Uncle Bill to take notice. He likes what they are doing, and since his own Services for UNIX is pretty piss poor he does what he does best. Buys the company. (I'm not just an Interix client, I liked them so much I bought the company.)

    So now, instead of ripping out all the "borrowed" code that is working so well, the new team, who is partnered with pieces of the old team, continue to develop along side each other, integrating the MS UNIX codebase that was Services for UNIX into the Interix codebase to build SFU 3.0.

    SCO comes along and starts the whole lawsuit procedure but isn't giving any examples of code. Uncle Bill, preferring to stay quiet and in control, doesn't know if they need to scrap the project or not. Easiest solution? Buy the rights to the problem. License the technology you've already stolen and improved upon, gaining the legal right to use it, before the originating company realizes what you are doing and comes after you.

    MS may have deep pockets, but they aren't bottomless, and I believe the legal battles with Apple taught them one very important lesson. End it quick and as painless as possible, keep the government out of it, because they have a tendency to side with people who may be my enemy (MS almost lost the anti-trust suit before Clinton left office?) So make it go away quietly so as not to draw attention to us.

    End Rant ..... just my two cents.

    --
    "Genius may shine aloof and alone, like a star, but goodness is social, and it takes two men and God to make a Brother."
    1. Re:MS Services for UNIX 3.0 by walt-sjc · · Score: 3, Interesting

      I highly doubt that MS would have bought Interix if there was any question that their product contained or was tainted by any GPL code at all. The legal threat of the GPL would hurt them MUCH more than SCO. With SCO, they could easily settle. Somehow I don't see the FSF settling for any reasonable sum. BSD is a non issue due to the license.

      So nah, I don't buy it. You can't license linux code from SCO and be free of the GPL. Since the SCO case is against Linux and not BSD, and licensing SCO wouldn't help with a Linux GPL violation, it has to be something else. MS must be either using or is planning to use true SCO code, libraries, etc.

      Remember SCO's fuss a while back about companies using some SCO libraries on Linux to run old SCO apps? What if MS licensed these libraries to allow companies to run old SCO binaries on NT via MSfU? That would give MS a leg up over LINUX, BSD, etc. for these companies that need to run old SCO code.

      SCO is going down. Everyone knows this. Companies that need to run old apps compiled for SCO need options. My "guess" is that MS is looking to provide a legal option for these companies - for a price.

  23. Analysis from Gartner by magi · · Score: 3, Interesting
    Another article in the magazine gives a reference to a short analysis about the SCO case by Garner a month ago. It's a pretty interesting read, as Gartner is a highly regarded research and consulting company around the world. What they think and say may have more weight than what is written in a Linux magazine.

    It also contains interesting notes about due diligence to companies involved in open source development:

    IS departments using Linux or other open-source code should have an internal process, possibly with advice from their legal departments, to perform due diligence (see Note 1) on the nature and origin of open-source code for possible infringement of patents. System administrators must be admonished to submit open-source code to inspection for potential violation of patents. An open-source quality assurance process should determine and approve allowable code for production systems. Such efforts may slow adoption of Linux in high-end production systems of critical applications.

    (Note 1) Due Diligence Options

    1. Name and reputation of source and origin of software code
    2. Names of the contributors and developers
    3. If outside libraries are included, the source of the code, its use and deployment
    4. Checks with the Free Software Foundation on patent infringement claims
    5. Negotiations for indemnification from liabilities, or support from the vendor
    6. References and contacts
  24. Re:Double speak, or PC speak, call it what you wil by abe+ferlman · · Score: 3, Insightful

    every reasonable explanation is accused of being a lie.

    The newspeak accusation works both ways. The best way to disarm your enemies when you're actually doing something nefarious is to accuse them of lying about *you*, putting them on the defensive instead.

    So who do you trust, baby? Microsoft or the "Linux Community"? Who has a reputation for openness, and who for secrecy? Who has been caught in lie after lie, scheme after scheme, extinguishment after extension?

    It makes Microsoft look like a bunch of petulant three year olds. I actually think the only reason anyone tolerates them is that their behavior is so unbelievably bad that no one actually thinks it could possibly all be true.

    --
    microsoftword.mp3 - it doesn't care that they're not words...
  25. The MS renewal is just that, an ordinary renewal. by Paul_murphy · · Score: 4, Interesting

    There's a lot of FUD being spread around this but, in reality, Microsoft is merely one of around 30,000 Unix source code licensees and is using the opportunity associated with the current SCOsource initiative on renewals to throw a little FUD at the Linux community.

    The history here is interesting. When SCO first started, its target was the Tandy line of MC68000 add-in boards and similar computers while Paul Allen (developer of MS BASIC) was arguing with his marketing guy that they should port Unix to the Apple II.

    When IBM asked for an OS demo from Microsoft, they specified a piece of hardware based on a chip, the i8088, that simply lacked the power to run Unix. It had, after all, been produced as a downgrade from the 8086 (which wasn't selling well against the MC68000) to enable compatibility with older 8bit devices and could barely handle CP/M.

    To get a real OS as a later follow-on to PC-DOS, Microsoft licensed AT&T Unix source and did a partnership deal with SCO that resulted in Xenix for the 8086 before that plan got pushed aside by the astonishing commercial success of the PC.

    SCO, however, was left paying Microsoft royalties on its contributions to the intel port - a situation that continued until SCO cleared the last Microsoft code out of OpenServer in the mid ninties.

    That worm turned when SCO bought the USL properties from Novel and eventually discovered that they now held the source licenses for most of the material Microsoft had been licensing to them - and on which Microsoft has just renewed its license.

    So, with apologies to the conspiracy theorists, the MS rebewal doesn't signal anything beyond normal business practices - with the bonus of being able to sow a little free fear and confusion among the Linux troops; itself, of course, another normal business practice for MS.

  26. Re:speaking of OSX by rot26 · · Score: 3, Informative

    From what I understand, Apple already has a license (someone please correct me if I'm wrong...) Also, SCO claims that IBM took SCO code and put it in the Linux kernel, which would not affect BSD at all. Of course, there is nothing stoping SCO from claiming that (for example) Apple did the same thing - releasing SCO IP back into the BSD tree.

    SCO's predecessors already tried this same thing with BSD a long time ago, and got smacked down HARD (although the details are sealed by court order for some reason.) BSD is totally immune in this action, no license (from SCO) required.

    --



    To ensure perfect aim, shoot first and call whatever you hit the target
  27. MS has a vested interest in SCO's fight by siskbc · · Score: 4, Interesting
    Microsoft would need to buy a Unix license from SCO. The IBM lawsuit isn't about who owns the Unix code, as far as I can tell this is beyond doubt, SCO owns the rights to it.

    Not....really. SCO owns the OLD codebase, as in so old as to be obsolete. They also own their changes. But the history of Unix is really incested, as there are massive cominglings of open-source and closed (supposedly) dating back 15 years ago and prior. Bottom line is that ATT already tried that suit and lost, and it is now perfectly fine to make your own Unix clone and pay no one. See Sun, SGI, etc for proof of this - none of them pay SCO a dime, and they release products they call unix.

    The only people you would ever need to pay is if you wanted to call it unix. Then you would need to license it ($$$) from the Open Group. But that's the name, not the code. MS really had no reason to license anything from SCO unless they really liked SCO's implementation. And trust me, no one likes SCO's unix except fast-food restaurants, for some strange reason, as SCO's unix (like all their products - Calderalinuxyuck!) suck.

    The lawsuit is about the Unix code being improperly used within Linux.
    snip...
    So, MS isn't 'legitimising' SCO's claims. Each case goes on it's own merit and from what I can gather, there's no way IBM can use the MS issue as leverage, the two aren't connected in any way, apart from being deals with the same company, one licensing one product, the other saying code from said product was used elsewhere.

    Well, assuming I'm correct about above (always a reach, but give me some leeway;> ), then there are two questions: 1. Why did MS actually need to license unix? and 2. Why did MS license SCO's unix?

    Dealing with these in order, I can't see any reason why MS needed to license anything, for reasons above. The only thing I can think of is that MS doesn't understand the concept of actually getting something for free. But they seem to like stealing, so I don't think that's it. And they ahve BSD licensed things in the past.

    Second, why SCO? From the linked article, if it's legit, they do talk themselves back in a circle when they talk about SCO as one of the few companies other than them who "value IP." This is not a stretch to interpret as "fight open source." I think they've unapologetically made that translation in the past, actually. And the article claims they say that this was a factor in them going ahead with the SCO deal. They say they wouldn't have licensed it for nothing, but they'd have to say that, wouldn't they? And since when do they have a history of EVER licensing something voluntarily before they've exhausted their...ah...other methods?

    This tells me that a big reason MS licensed unix from SCO, and probably why they licensed unix at all, is to have somebody else fighting open source, and by extension, IBM.

    I'm not ready to claim that MS put SCO up to suing IBM and threatening the linux community, but I think they definitely saw the SCO legal fund as an investment. And I wouldn't be surprised if we found that MS was behind the shift in SCO's language away from its IBM focus to more of a linux focus. It just makes sense for them, as there's no other reason to license SCO.

    --

    -Looking for a job as a materials chemist or multivariat

  28. Sco = Rambus by bigpat · · Score: 3, Insightful

    Rambus tried to sue everyone a few years back, they didn't benefit and neither will SCO. Regardless of how "dispassionate" business is supposed to be, people remember how you treat other people, a litigious company is not someone you want to do business with bcause they might just turn around and bite you too.

    This time hopefully SCO will not survive the bad publicity. Just don't buy any of their products and they will shut up or shut down. Leaving Microsoft to do their own dirty work.