Slashdot Mirror


Did SCO 'Borrow' Linux Code?

An Anonymous Reader writes "Apparently someone inside SCO has stated that SCO(actually Caldera) copied Linux code into System V. They did it to build what they now market as Linux Kernel Personality - the ability to run Linux software on their Unix. Now, the open source community(of course they don't mention who) is jumping on this, because they didn't return the changes to the OS community or give the community credit. Of course, SCO says it's a misunderstanding and, get this 'SCO also never used any of the Linux kernel code.'"

688 comments

  1. Two Words by Oriumpor · · Score: 0, Insightful

    No duh. How many people have been saying this? AND how many people are ignoring the fact that SCO group themselves released the "offending" code under Caldera? Everyone but IBM it seems, since they think this lawsuit is frivolous.

    1. Re:Two Words by jasonsfa98 · · Score: 5, Insightful

      I would really like to see documentation on this "offending code" to prove that it was theirs.

      Otherwise, how do we really know who added it and when? What if it was pre Sys V code? What if the code came from Linux in the first place?

      I have heard that the comments were the same, but who made the comments? Is there a name? Does he/she work for SCO?

      Lot's of questions ... no answers.

    2. Re:Two Words by gilesjuk · · Score: 2, Insightful

      They may have released it as Caldera Linux, but this instance is in SCO Unix which hasn't had it's code released.

    3. Re:Two Words by Oriumpor · · Score: 2, Interesting
      I would really like to know if any companies running Caldera were being threatened by SCO.... (since there are so few, and those who read slashdot, most likely wouldn't buy SCO products to begin with)

      It would be interesting to find out, since they are claiming LINUX is holding offending code, since LINUX in this case can only refer to the kernel itself, and since Caldera released the linux kernel (on their FTP) not that long ago, how can they claim any other company is at fault for using, or distributing the same thing?

    4. Re:Two Words by Daniel+Phillips · · Score: 5, Insightful

      No duh. How many people have been saying this? AND how many people are ignoring the fact that SCO group themselves released the "offending" code under Caldera? Everyone but IBM it seems, since they think this lawsuit is frivolous.

      The moderator who modded you "insightful" was on crack, because you completely failed to read the article. Timothy is suggesting that SCO may have copied (presumably GPLed) code from Linux into their proprietary Unix[tm]. If true, the repurcussions could be, erm, quite interesting.

      As lore would have it, the original USL suit against BSD and Berkely University broke up on the rocks for a similar reason.

      --
      Have you got your LWN subscription yet?
    5. Re:Two Words by Tackhead · · Score: 4, Funny
      > Timothy is suggesting that SCO may have copied (presumably GPLed) code from Linux into their proprietary Unix[tm]. If true, the repurcussions could be, erm, quite interesting.

      Well of course, this explains everything!

      Now we know why SCO's so sure those copyright terrorists at IBM are using SCO's proprietary code in Linux! Because SCO put it there :-)

    6. Re:Two Words by frs_rbl · · Score: 4, Funny

      In other news, MS accused of stealing x86 assembler code to make Windows programs run over... x86 processors

      How else? an Intel source was quoted saying

      --
      This is not my opinion. Actually, it's not even an opinion. And I'm nowhere to be seen near it
    7. Re:Two Words by Anonymous Coward · · Score: 0

      ok, the whole point of this story is that SCO stole LINUX CODE, this is not a story about the sco/ibm lawsuit. So there is no reason to specify "What if the code came from Linux" it did come from linux in this case, that's the point.

    8. Re:Two Words by PetWolverine · · Score: 1, Flamebait

      No, the original poster didn't fail to read the article; you failed to read his comment. Try again.

      --
      I found the meaning of life the other day, but I had write-only access.
    9. Re:Two Words by Daniel+Phillips · · Score: 2, Informative

      No, the original poster didn't fail to read the article; you failed to read his comment.

      The original poster has a point, but it has little to do with the article. Please read the article again. This is a new claim. If substantiated, it basically constitutes a large torpedo headed in the direction of SCO.

      --
      Have you got your LWN subscription yet?
    10. Re:Two Words by Anonymous Coward · · Score: 0

      well hog tie me to osama bin laden.

      the article says in a nut shell:

      sco took code FROM linux, and copied it TO unix.

      now you tell me how this relates to that assertion:
      ""No duh. How many people have been saying this? AND how many people are ignoring the fact that SCO group themselves released the "offending" code under Caldera? Everyone but IBM it seems, since they think this lawsuit is frivolous""

      NEVER MIND STOP: I'll spell it out for you.
      Oriumper read(i use the term very loosely)the article as 'SCO took their own unix code, and copied it into Caldera Linux. That's why Oriumper goes on to say "sco group themselves released the offending code"

      You see, you lose either way.

      If we believe that oriumper read the article correctly, then his comment is off topic and makes no sense.

      If we believe he read the article incorrectly, then his comment makes complete sense, but is offtopic and a major RTFA.

      so why don't you sit down and shaddup.

      You got modded 1. That means it must be so.

    11. Re:Two Words by John+Murdoch · · Score: 1
      As lore would have it, the original USL suit against BSD and Berkely University broke up on the rocks for a similar reason.

      Er...

      That would be the University of California, whose main campus is in Berkeley, California.

    12. Re:Two Words by Anonymous Coward · · Score: 0

      It was obviously a typo. He meant to say, "What if it was UNIX code?" He's talking about the problem of figuring out who actually owns a snippet of code. Just because it's in Linux doesn't necessarily mean it started out there. The UNIX source code was widely available long before Linux came around. What if the code fragment in question was originally UNIX code that was lifted and put into Linux years ago?

      That was his point, which you blew right past in the interest of flaming him. Good job.

    13. Re:Two Words by geekee · · Score: 1

      "If true, the repurcussions could be, erm, quite interesting."

      What happens. SCO removes offending code from UnixWare. People using UnixWare can no longer run Linux code. End of story. You can't sue SCO for damages because it would be difficult to prove anyone was harmed financially by UnixWare having this feature, especially when Linux source is free to use.

      --
      Vote for Pedro
    14. Re:Two Words by morgajel · · Score: 5, Funny

      not true! they never stole ANY X86 CODE!
      they're even willing to show you how they created it!

      # cat /dev/urandom >winsock.dll

      --
      Looking for Book Reviews? Check out Literary Escapism.
    15. Re:Two Words by Redman · · Score: 4, Informative

      I'd like to see a timeline.

      I found a November 2002 article talking about SCO, high end computing work that they had done with Compaq in the clustering arena and a brief touch on LKP.

      I found a February 2001 article just about Linux and SCO integration and LKP.

      I found a 2002 SCO Newsletter touting LKP.

      I also found Simon Baldwin's resume who has a long history at SCO and who was the "Lead Kernel Engineer and Architect for the Linux Kernel Personality (LKP)" from February of 2000 to "present".

      So the LKP stuff was going on quite some time ago. Before or after IBM allegedly put the offending into Linux? Inquiring minds want to know.

    16. Re:Two Words by Redman · · Score: 1

      arg. The first article was November 2000.

      And I even previewed.

    17. Re:Two Words by Narcissus · · Score: 2, Insightful

      That's what happens with future versions, yes. However past versions that have this code are now, whether they like it or not, GPLed, too. This means that anyone that currently has a version of UnixWare with Linux support can demand the source code for it.

    18. Re:Two Words by rshimizu12 · · Score: 1

      Sounds like a possiblity that someone copied the code from SCO. But if SCO management knew about this then they are leaving themselves wide open to huge countersuit from IBM. There is the possibility that SCO copied the code to save time. But I doubt SCO would be so stupid to pull such a stunt. But even if IBM copied the code SCO's agreement with Linodows nullifies any claim SCO had. Anyways how is SCO going to prove who contributed what code to Linux. SCO has yet to even indicate what Linux distro the SCO code was copied to...........

    19. Re:Two Words by Hypocritical+Guy · · Score: 1

      Yes, of course Linux borrowed SCO's code.

      --
      If you liked licking my balls, add me to your foes list!
    20. Re:Two Words by penguinrenegade · · Score: 1

      So why doesn't some journalist sign the NDA, then leak whatever they're allowed to see to several outlets, say, other journalists, who THEN can protect their source? If the Linux community got ahold of the source in question, we'd find ALL the code, and remove it BEFORE the trial got finished. Anyone think of that?

    21. Re:Two Words by SatanicPuppy · · Score: 1

      I'm tired of this "The comments are the same" shit. Unless the comments are things like, "Here's where I put that stupid fucking thing my boss made me write because he's a fucking moron, and I'm quitting tomorrow, before he finds out it was me who pissed in his coffee cup" there are only so many different comments that end up in code, usually stripped down stuff. "This method does object verification." "This method takes a string and has no output." Blah blah blah.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    22. Re:Two Words by Oriumpor · · Score: 1, Informative
      No... I used "offending" code loosely because that is what I have always used to represent SCO's original claims that Linux is an unlicensed (stolen code) derivative or Unixware. I read the article, it had no substantial claims: (READ, A BROTHER OF A FRIEND OF A NEFEW OF A GRANDSON WHO'S STEPSISTER KNOWS A GUY WHO WORK-ED (NO DATE GIVEN) AT SCO.)



      This exact possibility HAS been mentioned before NUMEROUS times in other SCO threads. Now if you actually followed them you wouldn't use your "excellent" account to mod me down then comment with your hater. (READ: INSUBSTANTIAL CLAIMS SIMILAR TO YOUR INSUBSTATIAL CLAIM OF MY NOT RTFA)



      SO, as I was saying, this WAS brought up before. AND I won't believe this until I see it in court or SCO settles for peanuts.



      NOW, if you wanna hate cause I got FP, please do, but don't yell at me for misreading my post.

    23. Re:Two Words by Samrobb · · Score: 3, Insightful
      That's what happens with future versions, yes. However past versions that have this code are now, whether they like it or not, GPLed, too. This means that anyone that currently has a version of UnixWare with Linux support can demand the source code for it.

      Nope. All this means is that SCO is guilty of a license violation.

      IANAL - but I'm betting that you would have to take them to court and convince a judge that the violation was intentional ("Hey, let's use this GPL code!"), willful ("Yah. We can just ignore the license."), and pervasive ("Sure, why not - the VP of development and legal already said that's fine.") Otherwise, SCO can just claim that the inclusion of the GPL'd code was a "misunderstanding" between a long-gone developer and a long-gone manager, neither of whom had the authority to make this kind of decision on behalf of the company.

      Even if you got past that hurdle, I expect that you'd have to explicitly request that the code for the past versions be placed under the GPL as part of the settlement, and SCO would probably value the code so highly ("One billion dollars, your honor!") that any order to GPL the code would give SCO a good chance to get that aspect of the ruling either thrown out or reduced on appeal.

      --
      "Great men are not always wise: neither do the aged understand judgement." Job 32:9
    24. Re:Two Words by Harry8 · · Score: 1

      Yep, but you coud argue that a signficant proportion of Unixware revenue is attributable to the features enabled by Linux code, used IN BREACH OF COPYRIGHT. If the GPL were a paid licencing agreement (as in cash money) as is traditional in software, SCO would be sued for the money not paid. The GPL specifically has requirements with regards to code and not money. SO SUE SCO FOR THE CODE. Could Unixware under the GPL? Well who knows what the courts will do, it doesn't seem to have much to do with law so much as public relations...

      GPL Code is NOT FREE AS IN BEER! Never was, never will be. It has very real obligations that must be adhered to with respect to additions & modifications to the code that are redistributed. This is not cost in money. It IS a cost in time, intellectual property an all those other intangibles.

      That is what I love about the GPL and why I am happy to release code under the GPL.

      However we have no more proof that SCO put GPL code into their software than we have proof that there is SCO code in the Linux Kernel. Wait and see... Although it would be nice if IBM, HP, Dell, Red Hat, Suse, Debian, The FSF and others could bring action against SCO executives personally, if they are found to be bringing a completely baseless case.

    25. Re:Two Words by Tackhead · · Score: 1
      > Sounds like a possiblity that someone copied the code from SCO. But if SCO management knew about this then they are leaving themselves wide open to huge countersuit from IBM. There is the possibility that SCO copied the code to save time. But I doubt SCO would be so stupid to pull such a stunt. But even if IBM copied the code SCO's agreement with Linodows nullifies any claim SCO had. Anyways how is SCO going to prove who contributed what code to Linux. SCO has yet to even indicate what Linux distro the SCO code was copied to...........

      That's good for either a (+1, Informative) or a (+1, Funny).

      (Aaw, fuggit, it's the SCO lawsuit. I can't tell the difference any more :)

    26. Re:Two Words by pyrrho · · Score: 1

      Now we know why SCO's so sure those copyright terrorists at IBM are using SCO's proprietary code in Linux! Because SCO put it there :-)

      yes, but just like the WMD we know Iraq had because we sold em to em... it has all been removed and destroyed years ago.

      --

      -pyrrho

    27. Re:Two Words by Mr+Z · · Score: 3, Insightful

      Another possibility, at least for some of the code in question, is that someone at Caldera authored code that was contributed to Linux under GPL and was placed into Unixware to be released under Unixware's more restrictive licensing.

      Dual licensing is legal as long as the copyright holder agrees to it. If the code in question originiated with Caldera/SCO (and thus Caldera/SCO own the copyright) and was provided to Linux as GPL code and inserted into Unixware as non-free code, there's no lawsuit in either direction. So, if we find that the code came into Linux from Caldera and/or SCO, it means we're in the clear, and so are they.

      Another possibility is that a third party (eg. IBM) authored the code and effectively dual-licensed it--licensed it to SCO for proprietary use, and licensed it to Linux under GPL. Again, that's most likely fine.

      The only way SCO might have a lawsuit is if the code originated in UNIX/Unixware, and was contributed into Linux by someone other than the copyright holder.

      --Joe
    28. Re:Two Words by Anonymous Coward · · Score: 0

      "All your code bases are belong to us!"

      SCO

    29. Re:Two Words by Anonymous Coward · · Score: 0
      # cat /dev/urandom > winsock.dll

      Microsoft are closet *nixers?

    30. Re:Two Words by TrixX · · Score: 2, Funny

      cat /dev/urandom >winsock.dll

      Hey! but that's the way I created my whole MP3 collection!

    31. Re:Two Words by micheas · · Score: 4, Insightful
      Nope. All this means is that SCO is guilty of a license violation.
      No. They are in copyright violation. They owe the copyright holder(s) royalties for each copy that they distributed without a license.

      The GPL doesn't count because violating it essentially voids it leaving you with copyright law for distributing terms. (You can't, but if you do, you have to pay thousands per copy.)

      If SCO had not been trying to screw over the Linux community, this would probably be, small cash settlement, an apology and stop using the code, as it is the copyright holders are probably not going to want to be nice.

    32. Re:Two Words by Anonymous Coward · · Score: 0

      "But I doubt SCO would be so stupid to pull such a
      stunt."

      Uhhhh..... WHAT did you say? ;-)

      What stunt is too stupid to believe of them at this point?....

    33. Re:Two Words by FryGuy1013 · · Score: 0, Redundant

      Logged in as root, no less.

      --
      bananas like monkeys.
    34. Re:Two Words by bluephone · · Score: 1

      the leak bit is not a bad idea, but since so few people are actually signing the NDA, they'd find the leak in short order. Plus, that's unethical for ajournalist to do, for a number of reasons, so they would be compromising their integrity and lose credibility. Then the only place they'd ever work would be the NYT.

      --
      jX [ Make everything as simple as possible, but no simpler. - Einstein ]
    35. Re:Two Words by User+956 · · Score: 2, Insightful

      As lore would have it, the original USL suit against BSD and Berkely University broke up on the rocks for a similar reason.

      As lore would have it, the proper spelling of Berkeley is B-E-R-K-E-L-E-Y, and the proper usage is "University of California, Berkeley," being that Berkeley is the University of California; the other UC schools (UCLA, UCSC, et al) are merely extensions of UC Berkeley, which was founded in 1868.

      So no, it's not spelled "Berkly," Berkely," Berkley," or any combination of the three, and it most certainly has no connection to the Berklee College of Music.

      I'm amazed that any self-respecting geek can misspell "Berkeley", given the advances made there. Where the hell do you think Berkelium and Californium were discovered? If it weren't for Berkeley, which runs LANL and LBNL, the DOD would be up shit creek, and GWB wouldn't have any of those "nuke-u-ler" weapons he likes to talk so much about. For the love of god, the guy who won a Nobel prize for inventing the frickin LASER is a professor there.

      Without Berkeley, there'd be no BSD; it's the Berkeley Software Distribution. It's in the name of the operating system. If you can't even properly spell the name of the operating system to which you're referring, why even bother to make any comment at all?

      --
      The theory of relativity doesn't work right in Arkansas.
    36. Re:Two Words by cybermace5 · · Score: 0, Offtopic

      Try cat /dev/urandom > /dev/mouse in X.

      Save your work first. Off your computer and any computers connected to it.

      --
      ...
    37. Re:Two Words by Anonymous Coward · · Score: 0

      so let's see some proof

    38. Re:Two Words by pyrrho · · Score: 0, Redundant

      of which?

      --

      -pyrrho

    39. Re:Two Words by router · · Score: 1

      Or, as everyone who didn't go there calls it, Bezerkley. And this nonsense that the other UCs are extension schools is like saying that UNC (which was founded a little before UCB) is the only UNC in NC, and that all other UNCs are extension schools.

      Another thing we wouldn't have without Berkeley is LSD, as Timothy Leary got his phd there....
      http://www.leary.com/Biography/Berkeley /berkeley.h tml

      You forget Bill Joy went there, which is a bit more freaking relevant to BSD than Berkeley itself.

      Mor importantly, you are posting on an international site a bunch of nonsense about someone making a spelling error. That's rich. I'm sure you've never misspelled anything in your life. Oh, because you go to Bezerkley, you don't misspell. Get the broom handle out of your ass.

      andy

    40. Re:Two Words by BlackHawk-666 · · Score: 1

      In the meantime, the copyright holders of the Linux code can request that SCO's product be removed from sale and SCO issue a recall on all the sold product until a case is heard. Now that *would* be interesting.

      --
      All those moments will be lost in time, like tears in rain.
    41. Re:Two Words by BlackHawk-666 · · Score: 1
      Dangerous trick without some sort of accounting and quotas on the hard drive. Locked myself out of my VAX account one day with a similar trick, albeit with a Pascal program instead. I suggest you try:

      dd if=/dev/urandom of=winsock.dll count=8749

      so you don't run out of drive space ;-)

      --
      All those moments will be lost in time, like tears in rain.
    42. Re:Two Words by steeviant · · Score: 1

      Oh, you must mean UCB

    43. Re:Two Words by holywood · · Score: 1

      diddie or diddie didn't steal 80 lines of code? Stuck it in Caldera or in SCO V or in Linux? With what? LPK? Linux? This game is fun? Except you can't quit if you make a wrong accusation. You just get Slashdotted into cyberspace.

    44. Re:Two Words by cshark · · Score: 1

      The author of this article seems to think that anyone who owns a copy of Linux can sue SCO under the same laws that it is trying to employ under IBM. I for one would be more than happy to litigate these cock suckers into oblivion. Does anyone know anything about filing class action law suits?

      --

      This signature has Super Cow Powers

    45. Re:Two Words by mackman · · Score: 1

      This remind me of my idea for the next distributed.net project. We should search the entire 1 MB keyspace for a standards-compliant web browser. Can't take any than NS6 did.

    46. Re:Two Words by Samrobb · · Score: 1

      Good point - the license violation leads to GPL being revoked, the GPL being revoked means that normal copyright law takes over. Thanks for helping me see this a bit more clearly.

      --
      "Great men are not always wise: neither do the aged understand judgement." Job 32:9
  2. "Someone inside SCO" by ObviousGuy · · Score: 5, Funny

    Someone heard something that someone said that someone else knew someone in some other division that stole Linux code and put it into the SCO code.

    Hints and allegations! Jump on it!

    --
    I have been pwned because my /. password was too easy to guess.
    1. Re:"Someone inside SCO" by DataPath · · Score: 4, Interesting

      As they say, turnabout is fair play.

      From what I can see right now, these allegations have about as much chance of being true as SCO's claims.

      --
      Inconceivable!
    2. Re:"Someone inside SCO" by KDan · · Score: 3, Funny

      The problem is that SCO's allegations are damaging to Linux's public image, and SCO has nothing to lose (they've already forfeited their reputation). It's kind of like a swan song for them, except it's a very fucking nasty and twisted song in this case, and someone should get a stick and kill the swan already with a good blow to the head.

      Daniel

      --
      Carpe Diem
    3. Re:"Someone inside SCO" by Anonymous Coward · · Score: 0

      These admittedly weak claims have a lot more substance to them than the noise SCO has been making lately.

    4. Re:"Someone inside SCO" by Daniel+Phillips · · Score: 5, Insightful

      Except you're wrong. SCO has evidence. This is a rumor.

      To be precise, SCO is spreading rumours that they have evidence.

      --
      Have you got your LWN subscription yet?
    5. Re:"Someone inside SCO" by Anonymous Coward · · Score: 4, Funny

      SCO has evidence.
      Yea and Bush has evidence of WMD in Iraq.

    6. Re:"Someone inside SCO" by Anonymous Coward · · Score: 1, Informative

      No. The only evidence SCO has presented is that there are 80 lines of somewhat duplicate code. That does not constitute evidence that the code was copied from SCO to Linux. Rather the opposite is more likely since Linux code is far more accessible than SCO Unix.

    7. Re:"Someone inside SCO" by dspeyer · · Score: 4, Interesting
      SCO has (or claims to have) evidence that there exists duplicate code between UnixWare and Linux. They claim it appeared in UnixWare first, but have not indicated any evidence of that (except for the general thought that if they knew they'd pirated it, they wouldn't be stupid enough to bring it to everyone's attention). Furthermore, while SCO must concoct a hard-to-believe story about IBM to explain how we set eyes on their code, everyone knows that they've seen ours.

      So there isn't much evidence either way (though, as soon as which lines they are leak, we'll check logs to see who contributed them), but there's a whole lot of speculation going against SCO.

    8. Re:"Someone inside SCO" by WalletBoy · · Score: 5, Funny

      My best friend's sister's boyfriend's brother's girlfriend heard from this kid who's going with a girl who saw the SCO borrow the code at 31 flavors last night. I guess it's pretty serious.

    9. Re:"Someone inside SCO" by Lumpy · · Score: 5, Funny

      Except you're wrong. SCO has evidence. This is a rumor.

      But I DO have the evidence of this, I just cant release it as it will violate the Intellectual property, or allow them to change it. I have a NDA you can sign so I can show you selected bits of the proof... Specifically all the vowels.

      When we have our day in court our proof that cannot be seen by anyone will show them!

      Hey, I'm just playing SCO's game by their rules.

      --
      Do not look at laser with remaining good eye.
    10. Re:"Someone inside SCO" by Anonymous Coward · · Score: 0

      "boot to the head" BAMMM!
      "ooooowwwwwwwwww"

    11. Re:"Someone inside SCO" by FauxPasIII · · Score: 5, Funny

      > Yea and Bush has evidence of WMD in Iraq.

      Like the receipts.

      --
      25% Funny, 25% Insightful, 25% Informative, 25% Troll
    12. Re:"Someone inside SCO" by AvantLegion · · Score: 2, Funny
      Well, there sure are a lot of chemical/rad suits in a country that's free of such weaponry....

    13. Re:"Someone inside SCO" by tachin · · Score: 1

      hummm...there sure is a lot of code in Linux, some of it must be SCO's?

    14. Re:"Someone inside SCO" by Anonymous Coward · · Score: 0

      And much like Bush, SCO's evidence is 10-20 years old!

    15. Re:"Someone inside SCO" by Anonymous Coward · · Score: 0

      Well, just like we couldn't get an honest accounting from Iraq, we can't seem to get one from SCO.

      Too bad the troops aren't marching into Utah.

    16. Re:"Someone inside SCO" by dcmeserve · · Score: 1
      someone should get a stick and kill the swan already with a good blow to the head.

      *sigh*... if only Larry Ellison knew how to direct his energies productively.

      --
      "Orthodoxy is unconsciousness" - Orwell
    17. Re:"Someone inside SCO" by NormalVisual · · Score: 1

      Thank you, Simone....

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    18. Re:"Someone inside SCO" by Anonymous Coward · · Score: 0, Insightful

      Sure.

      If I thought I might be attacked by a country holding one of the largest store of chemical weapons in the world(cough, USofA, cough) I would want some chem suits too AND if this is the same country that has been the only one to actually drop a nuke on a population AND they are known to use uranium tipped tank shells you bet I'd want rad suits.

      But I'd guess from your comment that you don't consider that important.

    19. Re:"Someone inside SCO" by edinho · · Score: 0, Offtopic

      Monday, Jun 9, 2003, Los Angeles,

      FBI apprehended two suspicious trespassers in the water treatment plant outside the city. The trespassers claimed themselves to be Osama bin Laden and Saddam Hussein. The FBI agent interrogated the trespassers:

      FBI agent Smith: What the hell are you two trying to do?!
      Osama: Jihad!!!! Jihad!!!! Jeeeeehhaaaaaaaaaa!!!!
      Saddam: We will poison you evil Americans with our WMD! We will detonate this weapon over your water supply and kill you all!
      Smith (holding up a bunny suit wrapped in a stick of dynamite): With this?!?
      Saddam: YES! My mole in your government has confirmed that this suit in indeed a WMD!!! Die!
      Osama: Jeeeehaaaaaaaaaaa!!!!!

      Cheers,
      e.

    20. Re:"Someone inside SCO" by javiercero · · Score: 2

      Nevermind that those are normal chemical hazard protection suits, like hum... I dunno, the ones they use in refineries and such. And, sine Iraq has no oil or anything like that.... right?

      Oh, yeah... and if by "large numbers" you mean dozens, yeah.. I guess they had a massive amount of chemical weapons. Furthermore if the presence of chemical protections suits is an indicator of WMD production and threat... the US should focus on a more important enemy: DOW chemicals, or Intel... I guess those bunny suited engineers that were dancing on those silly commercials were evil after all...

      Of course, we all must throw our common sense out of the window, since a psychopath dictator who kills for export and who has "massive" stockpiles of chemical and germ agents and who is targeted by large US bunker buster bombs, all of the sudden decides not to use them. Jeeez, if when your country is invaded by a superior fighting force and all of the sudden you decide to keep your best weapons for a better time? WTF?!

    21. Re:"Someone inside SCO" by dtfinch · · Score: 0, Offtopic

      Well, one counter argument is that there were a lot of toxic chemicals and depleted uranium left over from the previous gulf war.

      Someone had to remove all those dangerous uranium slugs from the crumbled buildings and busted tanks so that they could reprocess them and...

    22. Re:"Someone inside SCO" by Original+Cynic · · Score: 1

      Remember, SCO is willing to show you their evidence.... All you have to do is sign their NDA, they'll show you the code, show you that it is a copy, tell you you don't need to know when it was included into Unix Ware, then drag you into court to serve as an expert witness to help prove that their case thatIBM pirated their code, then inform you that you can (a) Not tell anybody that you believe that their claim was BS, (b) Demand Payment for using the IP that Linux Pirated and, (c) Never allow you to release information related to the "pirated" code. Wonderful deal isn't it.

    23. Re:"Someone inside SCO" by Anonymous Coward · · Score: 0

      Well, it could also be that the suits were not destroyed after the Gulf war while the weapons sure were. Or whatever...

    24. Re:"Someone inside SCO" by Anonymous Coward · · Score: 0

      Well, there sure are a lot of chemical/rad suits in a country that's free of such weaponry....

      Maybe they were afraid the US would use chemical, nuclear, and biological weapons. After all, the US has a long history in research (and in some cases, use) of all three.

    25. Re:"Someone inside SCO" by haploc · · Score: 1

      ... like a swan song for them, except it's a very fucking nasty and twisted song in this case, and someone should get a stick and kill the swan already with a good blow to the head.

      Swans don't sing when they die.

      Haplo

    26. Re:"Someone inside SCO" by santeri · · Score: 0, Troll
      They probably had them to be ready for the impending attack by a nation which *does* have chemical weapons (and other WMD), and has used them against another nation in the past, as well.

      Namely the US of A.

      --
      ______________
      OTTERS RULE.
    27. Re:"Someone inside SCO" by sverdlichenko · · Score: 1

      And a large stock of condoms is an evidence of how Saddam planned to torture captured US soldiers...

    28. Re:"Someone inside SCO" by jez_f · · Score: 3, Insightful
      ... but have not indicated any evidence of that (except for the general thought that if they knew they'd pirated it, they wouldn't be stupid enough to bring it to everyone's attention
      You would think so wouldnâ(TM)t you, but it is possible that they did. They were pissed at IBM and they seem to have this unshakable belief that Linux was developing too fast to be done legally. So some manager has a suspicion that their precious code is being copied & orders an audit. Someone else come up with some 'copied' code. Both are completely clueless as to who copied the code from whom.
      I am not saying this is what has happened but it is at least a possibility. Big companies can be incredibly incompetent at times.
    29. Re:"Someone inside SCO" by Anonymous Coward · · Score: 0
      Swans don't sing when they die.

      Yes they do. It's not the pretiest sound, but they do.

    30. Re:"Someone inside SCO" by Anonymous Coward · · Score: 0

      But they hiss and bark at eachother all the time, really. In Ware, England, where I lived for a while, there were so many swans bickering with eachother and also ducks and geese that it was very puzzling how anyone ever decided swans are "mute".

    31. Re:"Someone inside SCO" by Anonymous Coward · · Score: 0

      Finland has WMD, they're called "Reindeer". Imagine the chaos of a herd of reindeer sweeping through downtown New Jersey!

    32. Re:"Someone inside SCO" by Anonymous Coward · · Score: 0

      You can't "reprocess" depleted Uranium, or at least you can't do it very easily. Its not even worth the effort. A breeder reactor and a couple of dozen tonnes of Uranium ore on the other hand, and you've got yourself enough HEA for a couple of warheads.

    33. Re:"Someone inside SCO" by Anonymous Coward · · Score: 0

      > Yea and Bush has evidence of WMD in Iraq.

      Like the receipts.


      Since when has the seller been the one to keep the receipt?

    34. Re:"Someone inside SCO" by stripes · · Score: 1
      So I guess that proves that Finland has WMD's!

      Doesn't Finland have lutefisk? I think that definitly qualifyes as a biological WMD.

    35. Re:"Someone inside SCO" by aurelian · · Score: 2, Funny

      well I guess if saddam used his credit card Rumsfeld should have the credit card slip top copy.

    36. Re:"Someone inside SCO" by Chris+Burke · · Score: 1

      Of course, we all must throw our common sense out of the window

      Rumsfield: Saddam Hussein used chemical weapons on his own people in the 80s! He must be stopped!
      People: What? You said that was just crop dusting! And where the hell did he get those weapons from? You sold him chemical weapons and covered for him when he used them on civilians!
      Rumsfield: [softly] This isn't going well... Good thing we put all those subliminal messages in Froot Loops commercials.
      Rumsfield: [loudly] Initiate Patriotic Doublethink!
      People: Grrrrrrrrnnn... Oh my God! Saddam gassed his own people! He must be stopped!

      a psychopath dictator who kills for export

      Yeah, he is crazy, what with the international killing market doing so poorly right now. With so many countries running a surplus of killing, they have no need to import any. Though if you happen to be out at the moment, remember it's a buyers' market!

      --

      The enemies of Democracy are
    37. Re: "Someone inside SCO" by Black+Parrot · · Score: 1


      > Well, there sure are a lot of chemical/rad suits in a country that's free of such weaponry....

      Yeah, it broke my irony meter when the war coverage made so much of all the protective gear the US troops were discovering, then in the next segment showed US troops trying on their own protective gear.

      "Spin control", I think they call it.

      --
      Sheesh, evil *and* a jerk. -- Jade
    38. Re: "Someone inside SCO" by Black+Parrot · · Score: 1


      > > ... but have not indicated any evidence of that (except for the general thought that if they knew they'd pirated it, they wouldn't be stupid enough to bring it to everyone's attention

      > You would think so wouldnâ(TM)t you, but it is possible that they did. They were pissed at IBM and they seem to have this unshakable belief that Linux was developing too fast to be done legally. So some manager has a suspicion that their precious code is being copied & orders an audit. Someone else come up with some 'copied' code. Both are completely clueless as to who copied the code from whom.

      I wonder whether any SCO techies are trying to tell management that they are about to shoot both legs off, and being completely ignored by management since they're mere techies.

      --
      Sheesh, evil *and* a jerk. -- Jade
    39. Re: "Someone inside SCO" by Anonymous Coward · · Score: 0
      I wonder whether any SCO techies are trying to tell management that they are about to shoot both legs off, and being completely ignored by management since they're mere techies.


      Assuming there are ANY techies left at SCO.
    40. Re:"Someone inside SCO" by Brainchild · · Score: 1
      Doesn't Finland have lutefisk?

      Lutefisk is mostly Norwegian.

      It is, however, possible to order lutefisk online. Also, there is apparently an annual lutefisk eating contest near Seattle, WA.

      --

      :: "I am non-refutable." --Enik the Altrusian ::

    41. Re: "Someone inside SCO" by jez_f · · Score: 1

      ROTFL You never know it could come up in future managment text books under the heading 'listen to the techies'

    42. Re:"Someone inside SCO" by DavidTC · · Score: 1
      Swans have somehow managed to get a reputation that has nothing to do with their behavior.

      Not only do they make noises, they will rear back and wildly attack you if you come too close, beating their wings and trying to bite you, while hissing like a cat.

      I don't know who decided they were silent majestic creatures. Swans are the evilest of waterfowl.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    43. Re:"Someone inside SCO" by FurryFeet · · Score: 1

      You mean the US, right?

    44. Re:"Someone inside SCO" by blair1q · · Score: 1

      Metamods, everyone who read that post misunderstood it. It's about probabilities. So much for being reasonable.

    45. Re:"Someone inside SCO" by jcast · · Score: 1

      Not only do they make noises, they will rear back and wildly attack you if you come too close, beating their wings and trying to bite you, while hissing like a cat.

      So what you're telling me is that it is credible for Zeus to rape what's-her-name in the form of a swan?
      --
      There are reasons why democracy does not work nearly as well as capitalism.
      -- David D. Friedman
  3. Never used any Linux kernel code by Bagels · · Score: 1

    Righto, so they never used any Linux kernel code, but they supposedly a small fragment of it... I suppose that means they never tested any of their code? What kind of contribution to Linux could they possibly make coding like that? :)

    --
    --- Bwah?
  4. Re:The three axis of evil: SCO, SCO & SCO by sweeney37 · · Score: 5, Funny

    more correctly at slashdot it's:

    Microsoft
    SCO
    RIAA/MPAA

    Mike

  5. Something tells me... by jonjohnson · · Score: 2, Funny

    that they're either gearing up for a huge launch and trying to get as much media attention early on, or they're getting ready to die as a corporation and leave everyone alone finally.

  6. over? by alienhazard · · Score: 0

    to us, this would seem like more than enough evidence to put SCO down. But, we all know how our government and society deal justice, like with the previously mentioned chewplastic.com, so im not gonna jump to conclusions, but rather wait till the final results are in.

    --
    > "I allege that SCO is full of it" -Linus
    1. Re:over? by innosent · · Score: 1

      Evidence? Where? So far, SCO and (maybe) IBM notwithstanding, I believe only a few people have seen ANY evidence in this case.
      I think what you meant is "this seems like just as much evidence as SCO has presented", which is true. This equation should help. Let S be all evidence SCO has presented for public viewing. Let P be all public evidence presented against SCO. S = P = lim x->infinity (1/x).

      --
      --That's the point of being root, you can do anything you want, even if it's stupid.
  7. Fuck SCO by Anonymous Coward · · Score: 0, Insightful

    Fuck them up thier stupid asses.

    1. Re:Fuck SCO by LordKaT · · Score: 3, Funny
      Hah,

      Considering the /. crowd, I'm surprised this wasen't modded up +5 Insightful ;)

      --LordKaT

  8. Why is Linux so metaphorical? by Anonymous Coward · · Score: 2, Interesting

    I'd like to use Linux (right now I use Windows XP) but there is too much metaphore... in fact politics shroud the community like a flow of white light. I don't like SCO as much as the next guy, but threatening drive by shootings of SCO executives? These guys are trying to make money in American corporation, with poor economic downturn, etc... like I said guys, cut out the metaphore and write great systeme....

    1. Re:Why is Linux so metaphorical? by Anonymous Coward · · Score: 1, Insightful

      People have been killed in drive by shootings for less.

    2. Re:Why is Linux so metaphorical? by Anonymous Coward · · Score: 0, Troll

      Why donâ(TM)t you just admit to yourself that the reason you are not using Linux is because it would be too difficult for you to switch to a Unix flaver..... Yes, admit it... You have been "nursing at the tit" of Micro$oft for so long, that you wouldnâ(TM)t have a clue on how to use a much more sophisticated shell OS.....

      Ah, yes... Here is the point where you tell me that you "used" to use Unix is the old days before you went to Windows and basically know everything there is to know about Unix in general. You would probably also tell me about the days that you used to have to use card punches to right all of your applications, (ie. Work 10 miles up hill in the freezing snow story) â¦

      Plan and simple, you do not use Linux because you do all of your work in Windows and find it easier to do your work. Admit it because it is true. The only person that does not believe this is YOU! What you do not realize is that OS's are just like programming languages in that you really need to understand several different OS's and learn the benefits and disadvantages of each and pick the appropriate "tool" when the job best fits. This includes understanding not just Linux, but also other flavors such as BSD, OSX, and maybe even a little AIX. OK, maybe you can leave AIX off for nowâ¦

      Open your eyes just a little.... Who know, you just realize that there is other people out there that know a little more than you do!! :-)

    3. Re:Why is Linux so metaphorical? by Anonymous Coward · · Score: 0

      whatever, linux is a metaphor on SLASHDOT.

      i know countless people who won't have anything to do with slashdot. They use windows, freebsd, linux and macs.

      In a word, YOU are making it a metaphor by participating in the metaphor.

      that's your fucking problem. so leave. and to keep yourself honest go to your firewall

      1 REJECT lan slashdot.org tcp 80 all

      good bye.

      if i never see you again here, it'll be too soon

    4. Re:Why is Linux so metaphorical? by Anonymous Coward · · Score: 0
      Plan and simple, you do not use Linux because you do all of your work in Windows and find it easier to do your work. Admit it because it is true.

      Exactly. And I've examined the O/S Market even further and found that not only is it 'easier' as you say, only Windows gives me everything I want: compatibility with all the latest gadgets and gizmos, all the latest games and P2P networking tricks, ability to locally host multi-user websites and applications, all built right here in the USA. Priced with a new system for less than $1,000 bucks. Software is cheap compared to hardware, I'd rather pay a little more in this department and get the best.

    5. Re:Why is Linux so metaphorical? by trashme · · Score: 1
      Software is cheap compared to hardware, I'd rather pay a little more in this department and get the best.
      It is? Do you purchase your software? Microsoft Office XP Professional costs about $500. That's fully 50% of what you payed for the hardware and OS. And how much do OS updates cost?

      Computer hardware keeps getting cheaper, while software is still expensive. Software is becoming a significant portion of the cost of a computer.
    6. Re:Why is Linux so metaphorical? by operagost · · Score: 1

      Was SCO banging Linux's bee-yatch?

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    7. Re:Why is Linux so metaphorical? by Anonymous Coward · · Score: 0

      You know who I, don't you assfucker?

      Hey, asswipe. Learn the meaning, and yes, the SPELLING of the word that you seem to have left out before you go trolling without it.

    8. Re:Why is Linux so metaphorical? by Anonymous Coward · · Score: 0

      I think we need drive by shootings. These CEOs are out of hand. If they started getting killed maybe all of them would stop being assholes. This includes all CEOs not just in the computer field.

    9. Re:Why is Linux so metaphorical? by EvilTwinSkippy · · Score: 2, Interesting
      Frankly a zealot is a zealot, regardless of the cause. You have people who kill abortion doctors (um, er, isn't that tecnically an abortion in the 120th trimester?). You have the folks who are trying to hijack Islam with their Jihads. Hell, even with political parties, you have folks advocating violence against the other side.

      I don't think Linux has any more or less zealots per capita than any other organization. But remember, we are talking about millions of people in hundreds of countries. Your probability of running into at least a few crackpots approaches 1.

      Personally, I love Linux, and I live the methodologies of Open Source in my own career. I do not insist that the entire world use Linux, nor do I feel threatened by any of this legal crap. Even if they find some snibble patent and confiscate the entire source tree (that will never happen by the way) Alan, Linus, and company would simply start over and program Linux2. And I'd be first in line to help.

      --
      "Learning is not compulsory... neither is survival."
      --Dr.W.Edwards Deming
    10. Re:Why is Linux so metaphorical? by FroMan · · Score: 0, Offtopic

      Whoa bud... drive by shootings?

      Stop reading at -1.

      --
      Norris/Palin 2012
      Fact: We deserve leaders who can kick your ass and field dress your carcass.
  9. The other way ... by Anonymous Coward · · Score: 2, Insightful

    Yes ... And why can't it be the other way around?

    That the code inside Linux isn't from SCO but the code inside SCO is from Linux?

    How to prove that? If SCO wasn't using any kind of CVS - and ... It hasn't been tampered with ... Try to convince and explain that to a judge and jury ;)

    1. Re:The other way ... by terrymr · · Score: 4, Insightful

      Exactly .... I was wondering the other day ... if the code examples Sco are showing are identical ... how do they prove who had it first... or even which is which.

    2. Re:The other way ... by Anonymous Coward · · Score: 0

      It's so obvious (I'm serious now) that the SCO developers had a bigger chance to look at the Linux code than that the Linux developers would ever had a chance to look inside the SCO code.

      Identical stuff? Who was first? Who has always published code in public.

      Is there a specific function that SCO can credit as their own, know to the public before Linux had it? Some Patent?

      Beyond reasonable doubt? I would not think so.

    3. Re:The other way ... by JebusIsLord · · Score: 1

      I figure they just take a previous version (the first to contain the code) and demonstrate that it compiles into the old version x binary. Then they essentially have proof that it was in the code at that time.

      --
      Jeremy
    4. Re:The other way ... by Arker · · Score: 2, Informative

      if the code examples Sco are showing are identical ... how do they prove who had it first

      You can assign a date for when a line entered linux pretty easily, you just search the kernel list archives. Since they're public and mirrored sufficiently they can be considered reliable - even if someone wanted to fake them it would be impossible to get away with it. You can set a date on calderas end but less easily, because you must have a check - they can fake anything they want since it's proprietary code. Essentially you would need to take the code they claimed came from a certain date, compile it, and compare it with a properly attested binary that actually matches the claimed date.

      Note also that this method isn't perfect - they can change the comments all they want and there's no way you could possibly prove that, since it doesn't affect the compiled code.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    5. Re:The other way ... by Geek+of+Tech · · Score: 1

      So how do they prove the old code is unaltered? The only thing to really do is reverse engineer a binary.

      --
      Stop the Slashdot effect! Don't read the articles!
    6. Re:The other way ... by Anonymous Coward · · Score: 0

      Well ...

      The fuzz, as I understand it, is about the comments being identical and unless it's a very debug build I wouldn't expect to see the comments in the compiled code.

      And ... I would easily write those 80 lines or whatsoever in assembler to get a perfect match. I could even insert them into a *VS system at any date, even ship so called "updates" with dates way off if needed - don't you think they've prepared for this?

      It can't be determined via a code review or even compile and shipping date - remember that builds goes on every night. SCO developers being on the Linux mailinglists? I would guess so. Know Thy Enemy.

      The only way - if now the code is "stolen" from one or the other - is that the persion who really copied the code comes forward and tells us what was done.

      But, as was said earlier - unless the SCO developers were writing code for the "Linux side", Linux developers would never had had the opportunity to copy the code, no matter how much they wanted (unless they stole a developer machine with the actual content).

      SCO didn't have their code open for the public but Linux had. Who copied who?

      Even though the Linux archives are open to the public since the beginning, what about the closed and (by SCO) controlled archives? It's so easy to insert a couple of lines at any date back in time.

      And where is the guy/gal who wrote the stuff? The original author must be somewhere ...

      (I'm not taking sides, just trying to be reasonable).

    7. Re:The other way ... by JebusIsLord · · Score: 1

      Well if it were altered it would generate a modified binary right? And the binaries were publicly available back in the day. So if the CRC matches, it is MOST LIKELY unmodified code.

      --
      Jeremy
    8. Re:The other way ... by rifter · · Score: 1

      If they had documented their build process exactly and still had access to the tools used to build, the binary could be checksummed. Of course I have found many corps do not meet these simple and basic criteria in their development procedures..

    9. Re:The other way ... by terrymr · · Score: 1

      Assuming they had every detail the same, including complier, code optimizations etc...etc... But I was thinking more about their "proof" shown to the press ... I've heard nothing to substantiate their claim that was they are exhibiting as their own code is their own. Without contextual information, the comparison is basically meaningless.

    10. Re:The other way ... by Anonymous Coward · · Score: 0

      "Most likely" ... I'm not trying to start a conspiracy thread but anything can be tampered with. And it's a lot easier if you've never published the code.

      Why do SCO want to sign NDA's with those who are reviewing the code?

      80 lines on a piece of paper?

      I can look at the Linux code today and claim that they stole the entire OS ...

      Unless it is a granted patent before it occured in other places and became "common knowledge". Ever tried to patent E=mc2?

      OK - lame comment, but 80 lines on a piece of paper? I can copy, paste, that into a document anytime and claim that the Open Source Evil have stolen my stuff.

      It's just plain silly.

      The only way the SCO code ever could have been entered into the Linux code is that some SCO developer also was working with the Linux code and used what he/she had written before. No one is allowed to view the SCO code except the ones working with it.

      If that's not the case, SCO developers spreading code around them, I would agree and say that it was the other way around.

      But who cares? It's still a pretty stupid case, or rather ... Pissing contest.

    11. Re:The other way ... by Anonymous Coward · · Score: 0

      But, as was said earlier - unless the SCO developers were writing code for the "Linux side", Linux developers would never had had the opportunity to copy the code, no matter how much they wanted (unless they stole a developer machine with the actual content).

      SCO didn't have their code open for the public but Linux had. Who copied who?


      That is exactly why SCO is accusing IBM (who they claim had access to the SCO source code), of giving the code to LINUX.

    12. Re:The other way ... by Robert+The+Coward · · Score: 1

      es ... And why can't it be the other way around?

      That the code inside Linux isn't from SCO but the code inside SCO is from Linux?

      How to prove that? If SCO wasn't using any kind of CVS - and ... It hasn't been tampered with ... Try to convince and explain that to a judge and jury ;)


      Simpler then that. All code is copyrighted. All you have to do is show prof when the code was copyright. Copyright are something that can be understand even by people would wouldn't understand things like CVS commits and things of that nature. Plus CVS can't be confirmed thought legal channels.

    13. Re:The other way ... by liquidsin · · Score: 2, Informative

      But we know they license their code to IBM (and probably to others too...too lazy to look it up) so I'd bet that anybody licensing that code has archives that they could pull up to check against SCO pulling any shenanigans like changing comments / code / dates.

      --
      do not read this line twice.
    14. Re:The other way ... by Vaughn+Anderson · · Score: 1
      ... if the code examples Sco are showing are identical ... how do they prove who had it first... or even which is which.

      That's easy, you can tell by the way the code displays on screen... if it's dingy like dirty laundry, it's left overs from SCO and they are trying to clean it up through the courts.

      If it's clean and pristine like a nice brand new roll of toilet paper, then it's raw pure public Linux code about to get wiped by the SCO...

      Either way, it will all end up in the garbage, cheaper than paying for lawyers to clean up...

    15. Re:The other way ... by iainl · · Score: 1

      SCO aren't really in a position to fake dates on their code either. The lawsuit is saying that IBM put code they licensed from SCO into the Linux kernel.

      So they actually need to demonstrate that the code was in the source tree passed to licensees at that time; any licensee could call them on it if they faked. Also, the publically available, mirrored across the planet, changelogs for Linux must show the change happening sometime after that date.

      --
      "I Know You Are But What Am I?"
    16. Re:The other way ... by JebusIsLord · · Score: 1

      I don't know why you all think I am supporting SCO, I'm just outlining how they could conceivably proove the existence of code in a pre-linux timeframe. Not that I think they CAN or WILL do this.

      --
      Jeremy
  10. Everybody knows... by Cooty · · Score: 4, Funny

    Everyone knows that this is just a ploy by those OPEN SOURCE FREAKS trying to get bought out by SCO!

    They have no intention of taking it to court!

    1. Re:Everybody knows... by WindBourne · · Score: 1

      Good point. I will take a billion now and you can pay the hard core kernel developers 1 trillian each.
      I figure that if SCO is worth a billion, then the core Linux developers are worth 1 trillian each.
      Of course with it being GPLed, work can continue on Linux AFTER the payments.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    2. Re:Everybody knows... by RollingThunder · · Score: 2, Funny

      hard core kernel developers 1 trillian each

      I thought they mostly used GAIM. ;)

  11. GPL and court ? by mystran · · Score: 1

    Time to test GPL in court ?

    --
    Software should be free as in speech, but if we also get some free beer, all the better.
  12. The continuing saga of SCO's suicide. by Surak · · Score: 3, Interesting

    Of course. I'm hoping someone who knows something about the Linux kernel code can get a look at this code. Maybe *we* (as in FSF or Linus Torvalds or maybe even IBM) should be suing *them*. This could be the case that tests the GPL. We *need* this and should embrace it. It will put to the death once and for all the FUD that Open Source licenses won't pass legal muster.

    1. Re:The continuing saga of SCO's suicide. by admbws · · Score: 1

      Linux has nothing to do with FSF, so they will be offering moral (and maybe some legal/financial, if necessary) support only.

    2. Re:The continuing saga of SCO's suicide. by sparkz · · Score: 2, Interesting

      Linus won't touch it, for the terms of the NDA. I'd be surprised if other Linux developers would, anyway (and remember, it's not just kernel they're alleging, it's "some other stuff" too) - having signed that NDA, the developer would basically be unable to continue his/her own development work anyway; let's hope the American courts can sort it that all allegedly infringing code is made open so it can be fixed that way

      --
      Author, Shell Scripting : Expert Re
    3. Re:The continuing saga of SCO's suicide. by hgj · · Score: 1

      I was wondering, is it possible to compile Linux for the same CPU as SCO unix is running on, and then do a binary compare to see if there are parts the same.

      Compiling the same C code for the same CPU (with the same options like debug etc) must give the same binary assembler. This way it must be possible to find duplicates in the source, even the comments/layout are different.

      --
      -- http://herbert.groot.jebbink.nl
    4. Re:The continuing saga of SCO's suicide. by Mensa+Babe · · Score: 3, Informative

      It had to be compiled with the same compiler and with the same options, but the binary comparicon might not be enough, because the same code in different context would be compiled with different registers, different memory addresses, etc. But a disassembly of both compiled binaries could be stripped of everything but the opcodes, and it could be compared by some modified version of diff, which would print common blocks which are larger than some minimal number, maybe even allowing some maximum number of mistakes, etc. This could be done, provided we could compile Linux with exactly the same compiler, the same version, with the same options, as the SCO's system was compiled with.

      --
      Karma: Positive (probably because of superiour intellect)
    5. Re:The continuing saga of SCO's suicide. by Fesh · · Score: 1

      *chuckle* Yeah... Flashed on the following situation the other day:

      Eric S. Raymond and Bill Gates get in a brawl... Richard Stallman walks up and says "Good, bad, I'm the one with the GNU."

      *shakes head* I need help.

      --
      --Fesh
      Kill -9 'em all, let root@localhost sort 'em out.
    6. Re:The continuing saga of SCO's suicide. by Alan+Hicks · · Score: 1
      This could be done, provided we could compile Linux with exactly the same compiler, the same version, with the same options, as the SCO's system was compiled with.

      I think you misunderstand the reason for compiling the code. It's fairly easy to determine when code was added to the linux kernel just by greping the lkml, but SCO code is (suppossed to be) proprietary, meaning they can say this bit of source code was dated 1973 and we'd have to say "prove it". One possible way of proving it is to compile the code, and then compare it to binaries that SCO has sold to its customers for the last 10 years. Which ever binary it matches will give you the approximate date of the source code, since we know when SCO distributed their binaries.

      --
      Slackware, what else when it must be secure, stable, and easy?
    7. Re:The continuing saga of SCO's suicide. by Anonymous Coward · · Score: 0

      The LWN Daily News today mentioned that some of the areas that SCO and IBM are tussling about - OK, what SCO is pissing in the wind about - include SMP and NUMA.

      Well, as mentioned in some previous posts, it would be damned interesting if HP got involved and demanded an inspection of SCO's code AND, perhaps, some/all of the code that IBM contributed to Linux, to determine how much of it might have been plagarized from DEC/Compaq/HP Tru64 UNIX. After all, Tru64 UNIX made a lot of strides in SMP and NUMA support for the Alpha, as well as a lot of scalability work, and Compaq (particularly the German Shepherd himself, Fuerher Eckard Pfeiffer) was still adamant about going forth with the Monterey project (to further Compaq's business in "Industry Standard Servers", whatever that was supposed to mean).

      Given SCO's slimy business practices, which they seem to have inherited from Doug "All Hands on Females" Michaels, it wouldn't surprise me if they'd appropriated code from many sources into the Almighty System V code base, especially from their "partners".

    8. Re:The continuing saga of SCO's suicide. by Mensa+Babe · · Score: 1

      I think you misunderstand the reason for compiling the code. (...) One possible way of proving it is to compile the code, and then compare it to binaries that SCO has sold to its customers for the last 10 years.

      I see, you are talking about the way, how SCO could prove to us that the code is old indeed, without showing us the code, am I right? Well, it's not important to me. I don't care if their trade secrets are lost. What I was talking about was how we could check if there is indeed the same code in Linux and SCO's proprietary software, having access to Linux source, but not to SCO's source. Then, knowing the exact bytes in Linux binary, we could get to the source and track who and when added it to Linux. I was talking about how we could find the secret code which SCO is talking about, before SCO is even willing to show it to us. That way we could already track the history of this code (Was it copied from BSD? Was it sent by IBM employer? Was it written by Linus even before Caldera had bought SCO? etc.) without waiting for SCO to finally tell us what are they really talking about, to already have a counterattack prepared and ready to strike.

      --
      Karma: Positive (probably because of superiour intellect)
    9. Re:The continuing saga of SCO's suicide. by rpg25 · · Score: 1

      If one would like to sue SCO about this, one could simply request the source codes and the contents of whatever source code control system there was available during the discovery phase of the legal process. In a lawsuit like this you don't have to have the evidence in advance. You just need a good reason for a judge not to send you home. One more serious problem might be to prove that you have standing (that you've personally been damaged by SCO's actions).

  13. Sue? by Represser · · Score: 2, Insightful

    Can the open source community sue? If so - can't we just give them what they wanted to give Linus?

    --
    -- Ilya
    1. Re:Sue? by Anonymous Coward · · Score: 0

      Ever hear of Class Action Lawsuit?

  14. In two weeks no one will care. by c0dedude · · Score: 5, Insightful

    This is the last gurgle of a dying corperation. SCO produces, for all purposes, nothing. Why didn't they pursue these claims when they manufactured Caladra, a form of Linux? because they know they're groundless. There's no way that the Linux kernel isn't in public domain. To try to prevent distribution based on 80 lines of code of a program with thousands of lines is ridiculous. Not only that, but any 80 lines of code could be easily removed, thus SCO can't reveal it. When this goes to trial and they're forced to reveal the lines of code and the lines are promptly removed, no one will care and SCO will fade into obscurity. Good Riddance.

    --
    Since when has this country used intellectual elite as a pejorative term?
    1. Re:In two weeks no one will care. by Tancred · · Score: 1

      Not public domain, actually. Even better - the GPL is a copyleft. There are specific terms to keep changes open for everyone.

    2. Re:In two weeks no one will care. by innosent · · Score: 5, Interesting

      Another interesting point. I was reading a story on Yahoo about converting to Linux from Windows. Ernie Ball (a company that primarily makes music hardware/parts/guitar strings) was ordered to pay $90,000 to Microsoft within 120 days to be compliant (not enough licenses). The company used the court ordered 120 day compliance period to evaluate and install Linux, and from the article, never paid a dime.
      The same thing could easily happen in this case. IF there is SCO IP in Linux, whatever code it is can be changed in minutes or hours, and even IF SCO was right, they might not get anything! Of course the other good example is USL vs. BSDI, but SCO apparently never paid attention in their history or business law classes...

      --
      --That's the point of being root, you can do anything you want, even if it's stupid.
    3. Re:In two weeks no one will care. by zoobaby · · Score: 2, Funny

      I don't care now....

    4. Re:In two weeks no one will care. by Anonymous Coward · · Score: 5, Insightful

      Actually SCO claims Linux is in the public domain:

      Paragraphs 77 to 81 of SCO's complaint describe their view of "General Public License" [sic]. In Paragraph 80, read their claims on GPL copyrights (they say there aren't any). Paragraph 77 (and their general claims overall) seek to thus establish Linux is a combination of public domain and nefariously obtained proprietary SCO IP. If the court accepts this line of reasoning, we are left with the situation, where SCO will be able to claim exclusive copyright on the overall work of Linux.

      Chris Sonntag made it completely clear when he publcly said 'we hope to get our arms around all the Linux out there' and 'there is no legal use of Linux'?

    5. Re:In two weeks no one will care. by John+Hasler · · Score: 4, Insightful

      > There's no way that the Linux kernel isn't in
      > public domain.

      There's no way that the Linux kernel _is_ in the public domain. You clearly don't know what the public domain is.

      > To try to prevent distribution based on 80 lines
      > of code of a program with thousands of lines...

      Millions.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    6. Re:In two weeks no one will care. by Anonymous Coward · · Score: 0

      According to SCO: GPL = Public Domain.

      In Paragraph 80 of their complaint, read their claims on GPL copyrights (they say there aren't any). Paragraph 77 (and their general claims overall) seek to thus establish Linux is a combination of public domain and nefariously obtained proprietary SCO IP.

    7. Re:In two weeks no one will care. by jonabbey · · Score: 1

      In Paragraph 80 of their complaint, read their claims on GPL copyrights (they say there aren't any). Paragraph 77 (and their general claims overall) seek to thus establish Linux is a combination of public domain and nefariously obtained proprietary SCO IP.

      Do you have a link corroborating that?

    8. Re:In two weeks no one will care. by SkArcher · · Score: 2, Insightful

      Yeah, if that is precedent applicable to this case, then I would expect to see the fastest Kernel revision ever happen if SCO win.

      Personally however I have been pointing out that SCO had this Linux integration program for a while now (ref: This Post) and moreover that SCO have been releasing this code under the terms of the GPL themselves by continuing shipping Caldera Linux.

      To be quite honest, the only people who benefit from this are the Lawyers. Quick, someone check to make sure Darl hasn't invested in the Law companies :P

      --

      An infinite number of monkeys will eventually come up with the complete works of /.
    9. Re:In two weeks no one will care. by jonabbey · · Score: 1

      Okay, the SCO complaint is here, if I understand your reference properly.

      Paragraph 80 doesn't explicitly claim that GPL'ed material is public domain, though part of their commentary could be construed thusly.

      Paragraph 77 makes no claim whatsoever as to Linux being public domain and SCO IP, and merely discusses Stallman, making two mistakes: Richard Stallman was never a professor at MIT, and his organization is FSF, not GNU.

      This section generally is full of groaners of this sort. Paragraph 84 being the one that entertained so many people here previously, of course.

    10. Re:In two weeks no one will care. by Tancred · · Score: 1

      Bah. So you're saying their claim is that the GPL invalidates itself? That sounds like the reverse of the old MS FUD of the "viral license".

    11. Re:In two weeks no one will care. by Geek+of+Tech · · Score: 1
      And in other news SCO is planning a massive lawsuit against all open source programmers.

      The chief software development engineer at SCO announced "Yeah, uh, I found where the open source community is commonly using this function call main(). Yeah. We have it in our code, and .... and we're gonna sue. Yeah."

      In other news principle stock holders at SCO were seen trying to sell their stock to Cmdr Taco...

      --
      Stop the Slashdot effect! Don't read the articles!
    12. Re:In two weeks no one will care. by Surak · · Score: 5, Informative
      Interestingly enough, paragraph 81 in particular is also complete FUD:

       In addition, the GPL provides that, unlike SCOâ(TM)s UNIX operating system or IBMâ(TM)s AIX operating system or Sunâ(TM)s Solaris operating system, no warranty whatsoever runs with its software. The GPL includes the following language:

      NO WARRANTY

      BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAWâ¦THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.


      These limitations of liability are no different that those included in Sun's Solaris BCL, despite SCO's claim above the contrary:


      3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software.

      4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

      5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.


      All Sun's guaranteeing is that the media is good and that they'll replace your media if defective. All current Linux distributions that distribute on physical media will, of course, do the same. Sun is essentially saying that they'll give you your money back for the license fee paid if and only if a court determines that it's limitations of liability (read: disclaimer of all liability) are held to be invalid under the law. And the only reason they're saying that is so that their whole limitations of liability (read: disclaimer of liability) doesn't wholesale get tossed out on the basis that it violates contract law. (IANAL, but I did have a business law class ;)

      This is the same for Linux, except, in all cases regarding the licensing of the kernel, there is no license fee paid, hence, you get no money back. Duh.

    13. Re:In two weeks no one will care. by hobsonchoice · · Score: 3, Interesting

      I think means para 78 and 80. Which read (emphasis added):-

      78. The primary purpose of the GNU organization is to create free software based on valuable commercial software. The primary operating system advanced by GNU is Linux.

      80. Any software licensed under the GPL (including Linux) must, by its terms, not be held proprietary or confidential, and may not be claimed by any party as a trade secret or copyright property.

      Link is http://www.sco.com/scosource/complaint3.06.03.html

    14. Re:In two weeks no one will care. by hobsonchoice · · Score: 3, Interesting

      Do you have a link corroborating that?

      http://www.sco.com/scosource/complaint3.06.03.html

      80. Any software licensed under the GPL (including Linux) must, by its terms, not be held proprietary or confidential, and may not be claimed by any party as a trade secret or copyright property.

    15. Re:In two weeks no one will care. by soloport · · Score: 1

      No, it doesn't work that way. It's like this:
      1) The day an order is filed by your accuser, the status of your licence compliance stands
      2) You must essentially take a "snapshot" of what you have or have not complied with on that specified day and report your finding, or get audited (more expensive, yet)
      3) The fines, fees (court, auditors, etc.) are weighed against what things looked like on that day
      4) What you have done after the specified day is irrelevant -- except it is assumed you'll learn your lesson and keep within compliance, ongoing

      I have no idea where people get the idea they can make a difference, once they've been sued, by converting over to Open Source. Once sued, it's too late. You're going to pay.

      Should a company convert over to Open Source before they get sued? Absolutely! ;-)

    16. Re:In two weeks no one will care. by soloport · · Score: 4, Informative

      Ernie Ball (a company that primarily makes music hardware/parts/guitar strings) was ordered to pay $90,000 to Microsoft within 120 days to be compliant (not enough licenses).

      Besides the article you site supports these facts. The $90k was paid to Microsoft. It was afterward, when MS made EB out to be a poster child of licence abuse, that the EB Executives themselves decided to give their own IT department 120 days to become Windows-free.

      Real good read, tho!

    17. Re:In two weeks no one will care. by EvilSporkMan · · Score: 1

      Link's broken

      --
      -insert a witty something-
    18. Re:In two weeks no one will care. by hobsonchoice · · Score: 1

      Correct link is http://www.sco.com/scosource/complaint3.06.03.html . Paragraph 78 and 80 with emphasis added:-

      78. The primary purpose of the GNU organization is to create free software based on valuable commercial software. The primary operating system advanced by GNU is Linux.

      80. Any software licensed under the GPL (including Linux) must, by its terms, not be held proprietary or confidential, and may not be claimed by any party as a trade secret or copyright property.

    19. Re:In two weeks no one will care. by geekee · · Score: 4, Insightful

      If SCO was suing MS for theft of code you'd think they were heroes. I'm sick of people modding up people with no principles as insightful. It's not insightful to claim SCO suit is baseless for the simple reason that you like Linux. And it's not insightful to present half truths as fact. SCO isn't claiming there are only 80 lines that were copied. They merely showed 80 lines as an example to one person signing an NDA. And it's not insightful to claim SCO suit is baseless for the simple reason that you like Linux. SCO has no interest in helping Linux after being wronged by the Linux community, so your "show me the code" comment doesn't prove anything either.

      --
      Vote for Pedro
    20. Re:In two weeks no one will care. by SkArcher · · Score: 1

      read their claims on GPL copyrights (they say there aren't any)

      So is that why SCO thought they could just copy the code from Linux into their LPK?

      Bad call MoFo

      --

      An infinite number of monkeys will eventually come up with the complete works of /.
    21. Re:In two weeks no one will care. by T-Ranger · · Score: 1
      What is happening is SCO is suing IBM for copying the code and transfering it to the public domain. The maximum fine could be in around $1billion dollars. SCO's current market cap is around $110million. And thats about 4 times what it was worth in December.

      So if IBM felt like it - Im sure they have or could easily get the $110m - they could just buy SCO outright. Hostile takeover and all. Im not a broker or anything but yes, Im sure if that happened the stock price would rise. But by only moving legal paper around its value has increased 400% in 6 months, over what was a stable price for a year. So its overvalued and will only go so much higher.

      And if not just IBM, then IBM and Sun and HP and RedHat and anyone else who still has to pay UNIX(TM) royalties would get together, buy it out and just put it all in the public domain.

    22. Re:In two weeks no one will care. by LunarOne · · Score: 1
      Not quite. They were ordered to pay, but apparently never did. Further down in the same article:
      According to Ernie Ball's estimate, in the first year it saved $90,000 that it would have spent upgrading desktop machines for Windows and buying new Windows licenses.

      --

      Read my sig if you like, but I'll never see yours, thanks to Discussions, Viewing, Disable sigs...
    23. Re:In two weeks no one will care. by LunarOne · · Score: 1
      It's not insightful to claim SCO suit is baseless for the simple reason that you like Linux......And it's not insightful to claim SCO suit is baseless for the simple reason that you like Linux.

      And it's not insightful to be repetitive or redundant, either. But it seems to have worked for you! :-P

      --

      Read my sig if you like, but I'll never see yours, thanks to Discussions, Viewing, Disable sigs...
    24. Re:In two weeks no one will care. by Anonymous Coward · · Score: 0

      Congrats geekee, you win the once-coveted "Troll of the Month Award"! Though the field of contestants are but a shadow of what they once were back in the golden era of slashdot trolling, you have shown great skill in ignoring any poster's point, not matter how much sense they're making or the quality of actual evidence to the contrary that they might be presenting, quoted everything you can find totally ouf context, SHOUTED PEOPLE DOWN, and various other hallmarks of the terminally trollish.

      For this inspiring display in the finest traditions of slashdot trolling, you 'receive' one night in a cell with the goatse man and his best buddy.

    25. Re:In two weeks no one will care. by ocie · · Score: 0

      Mod parent up. I wish I could have this post printed on newsprint. Then I could roll it up and whack people over the head when they complain that Linux has no warranty.

      --
      JET Program: see Japan, meet intere
    26. Re:In two weeks no one will care. by Zork+the+Almighty · · Score: 1

      Or, as seems more likely, they can fight SCO and squash them.

      --

      In Soviet America the banks rob you!
    27. Re:In two weeks no one will care. by spitzak · · Score: 3, Interesting
      80. Any software licensed under the GPL (including Linux) must, by its terms, not be held proprietary or confidential, and may not be claimed by any party as a trade secret or copyright property.

      This is of course totally false. In fact it is an outright lie and in total contradiction to the real facts.

      The GPL does not work unless somebody claims copyright. Usually the original author or the company they work for, but sometimes copyright is assigned over to the FSF.

      If there is no claim to copyright then the software is public domain, and the GPL is meaningless. So by definition the GPL means the code is copyrighted property.

    28. Re:In two weeks no one will care. by Malcontent · · Score: 1

      That's because the court ordered to be compliant within 129 days. Instead of forking over the money they got rid of the windows. Pretty cool if you ask me.

      --

      War is necrophilia.

    29. Re:In two weeks no one will care. by Anonymous Coward · · Score: 0

      Troll. Innocent until proven guilty - if SCO does nto show the offending code, then they have no basis on which to claim what they do claim. Show the fucking code already or shut up. Basically what they're doing is libel and slander. Did I mention that I have proof that my neighbours are mafia members, and that they rape kids. I just won't show anybody.

    30. Re:In two weeks no one will care. by 73939133 · · Score: 1

      It makes a big difference what you do after you get notified of some copyright/patent violation. Before that, it may have been accidental infringement. If you keep using the software in question and you should have known better, it may become wilfull infringement.

    31. Re:In two weeks no one will care. by Webmonger · · Score: 1

      Their failure to disclose which lines of Linux violate their copyright prevents the Linux community from removing and rewriting the offending code. If they are being hurt by Linux's "copyright violation", they would be helped if Linux stopped violating their copyright. Since they haven't acted in any way that would prevent further violation of their copyright, it's reasonable to conclude that they are actually helped, not hurt by the copyright violation. Specifically, it supports their lawsuit.

    32. Re:In two weeks no one will care. by 73939133 · · Score: 1

      Apart from all the other howlers in that section, Richard Stallman has never been an "MIT Professor".

    33. Re:In two weeks no one will care. by firewood · · Score: 1
      80. Any software licensed under the GPL (including Linux) must, by its terms, not be held proprietary or confidential, and may not be claimed by any party as a trade secret or copyright property.

      It would certainly be interesting for the FSF/Stallman if a court actually agreed with this reasoning. Openly giving source code away worldwide (including countries with no copyright laws) and then trying to press strange performance claims only against certain parties might be ruled unenforceable in some legal sense. It's also possible for MS lobbyist to get some legislation inserted into some random bill which would indirectly aid this kind of legal ruling... under the guise of allowing them to safely gift more software to the LOC, or some such.

      [aol]IANAL[/aol]

    34. Re:In two weeks no one will care. by _Sprocket_ · · Score: 1


      SCO has no interest in helping Linux after being wronged by the Linux community....


      How was SCO wronged by the Linux community?
    35. Re:In two weeks no one will care. by RoLi · · Score: 1
      Well it is insightful because SCO refuses to disclose the affected code.

      If SCO would like to resolve IP issues as they claim they want, they would reveal the code, it would get replaced in the Linux kernel and everybody would be happy.

    36. Re:In two weeks no one will care. by Anonymous Coward · · Score: 0

      I wouldnt put it past IBM to *have* stolen the code. I hope this isnt the case, but IBM probably isnt totally blameless in this either. This is the risk of making Linux a big success. Crap like this happens when you are desperate for cash. Be you IBM, or SCO

    37. Re:In two weeks no one will care. by Simon+Brooke · · Score: 1
      There's no way that the Linux kernel isn't in public domain.

      You are absolutely 100% wrong. The Linux kernel is most certainly not in the public domain. It is copyright Linus Torvalds. If the copyright owner chooses to allow you to make copies and to modify them under the terms of the GNU general public license (as he does), that's his privilege under copyright law. It most definitely does not make his work public domain.

      --
      I'm old enough to remember when discussions on Slashdot were well informed.
    38. Re:In two weeks no one will care. by arkanes · · Score: 1

      Such a decision would obviously also apply to people who distibute binaries. For example, you can download full versions of any Oracle product from thier website, do you think a court is going to rule that they no longer have any copyright protection? It could also be easily extended to, say, digital images. And web pages. And any situation where people make copyrighted information available without a prior license.

    39. Re:In two weeks no one will care. by StormReaver · · Score: 1

      "There's no way that the Linux kernel isn't in public domain."

      Linux is not in the public domain. It is fully copyrighted and licensed under the terms of the GPL. That is in no way similar to being in the public domain. The GPL grants you the right to copy, modify, and distribute Linux provided you abide by the terms of the license. It's just like any other copyrighted software, except the license is very lenient and attractive to outside developers and to users.

    40. Re:In two weeks no one will care. by the+gnat · · Score: 1
      I was reading a story on Yahoo about converting to Linux from Windows.

      Funny you should mention this, because it quotes the same Laura DiDio who evaluated SCO's claims recently. Best line:
      For large enterprises, replicating the performance, reliability, and scalability of the Microsoft OSes would be key, Didio said.

      Heh. Well, you could start by ripping out most of the memory, and rig the power cord to fall out every few days. . .
    41. Re:In two weeks no one will care. by nuser · · Score: 1

      From the story For large enterprises, replicating the performance, reliability, and scalability of the Microsoft OSes would be key

      I'm sure this would be nigh on impossible using linux.

    42. Re:In two weeks no one will care. by firewood · · Score: 1
      Such a decision would obviously also apply to people who distibute binaries. For example, you can download full versions of any Oracle product from thier website, do you think a court is going to rule that they no longer have any copyright protection?

      If a court found problems with enforcing copyrights after openly distributing under the GPL, then it would depend on how much the Oracle license under which they were distributing software from their website resembled those provisions of the GPL which supported the courts reasoning.

      [aol]IANAL.[/aol]

    43. Re:In two weeks no one will care. by DavidTC · · Score: 1
      Interestingly, almost all copyright information is available without a prior license. All books, CDs, movies (Claims 'this copy is licensed for home viewing only aside...they aren't actually 'licensed' that way, it's just that copyright law counts a 'public performance' as basically the same as making a copy.), even shrinkwrapped software is available without a license. (There's the fact you supposedly need to agree to a license to install it...but you have the CD in your hand without a license before you install it, and still can't copy it.)

      Saying 'You cannot impose restrictions on copyrighted material you made available to others.' would be mindbogglyingly idiotic, as that's the entire point of copyright law.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    44. Re:In two weeks no one will care. by arkanes · · Score: 1

      You can impose the specific rights granted to you under copyright law, no others. Not just whatever you feel like. Despite what software EULA authors think.

  15. according to Mr. X by SHEENmaster · · Score: 4, Funny

    the code in question is roughly 80 lines in length and contains matching comments...

    --
    You can't judge a book by the way it wears its hair.
    1. Re:according to Mr. X by Daniel+Phillips · · Score: 3, Funny

      the code in question is roughly 80 lines in length and contains matching comments...

      You must have read a different report than I did. The one I saw said that one region has 80 matching lines, including some comments that match. The article did not say whether or not both Unix and Linux had borrowed those lines from, say, BSD, or whether, hrm, SCO borrowed them from Linux.

      --
      Have you got your LWN subscription yet?
    2. Re:according to Mr. X by Lord+Ender · · Score: 0, Redundant

      All the duplicate lines look like this:

      #include iostream.h
      #include math.h

      } // end while

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    3. Re:according to Mr. X by juan2074 · · Score: 1
      You are right. If only more people understood this, we might have more informative comments here.

      SCO can show you two pieces of source code that appear to match, but how do they prove where those pieces of code came from, who wrote them, when, etc.?

    4. Re:according to Mr. X by John+Hasler · · Score: 1

      > how do they prove where those pieces of code came
      > from, who wrote them, when, etc.?

      By searching back through the Linux kernel patches until you find the one that added the lines of interest. Since every patch has been promptly released publicly there is no possibility of chicanery.

      The same could presumably be done with SCO's source tree, but since no one outside SCO has had access to it...

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    5. Re:according to Mr. X by TC+(WC) · · Score: 1

      The same could presumably be done with SCO's source tree, but since no one outside SCO has had access to it...

      It's not like they can easily fake it... You grab the released binary from a third party from directly after they say they added the lines, and compare it with a compiled version of the code they submit as evidence. If they're the same, then you know the source they gave you is what it was compiled from.

    6. Re:according to Mr. X by Anonymous Coward · · Score: 0

      The Linux kernel is written in C++ is it? Fucknut.

  16. Can Linus sue SCO now? by cabalamat2 · · Score: 4, Funny

    Does this mean that Linus can now sue SCO for a billion dollars?

    In other news, SCO have announced they are changing their name to reflect changes in their business model. The new name will be SCUM.

    1. Re:Can Linus sue SCO now? by josepha48 · · Score: 1
      I think more likely Linus can sue SCO for fraud, defamation of character (they were going to sue him).

      Alternately SCO could possibly be sued by IBM.

      I'm sure this is going to really f*** SCO's credibility.

      I kinda though that this was the case. SCO used Linux code not the other way around.

      Lucy you have some 'splainin to do!

      --

      Only 'flamers' flame!
      Does slashdot hate my posts?

    2. Re:Can Linus sue SCO now? by mcc · · Score: 1

      And in other news, LucasArts, the electronic entertainment company founded by George Lucas of Star Wars fame and famous for their adventure games based on the SCUMM engine, have sued SCO for trademark infringement for a billion dollars..

    3. Re:Can Linus sue SCO now? by jmauro · · Score: 1

      I'm sure this is going to really f*** SCO's credibility

      Hard to f*** up something that doesn't exist.

    4. Re:Can Linus sue SCO now? by Anthony+Boyd · · Score: 1
      The new name will be SCUM.

      So I click the "4 replies beneath your threshold" link to see all the hilarious posts about what SCUM stands for, and there isn't ONE snide comment. Wha? C'mon Slashdot posters, hop to it!

      How about Satan Corporation's Universal Malignancy? Or Santa Cruz Uncompetent Marketing (little poetic license here, please)? Or... Stupid Corporation, Unlimited Morons?

    5. Re:Can Linus sue SCO now? by Anonymous Coward · · Score: 0

      How about:

      Suck Cock U Motherf*ckers!

    6. Re:Can Linus sue SCO now? by Anonymous Coward · · Score: 0
      all the hilarious posts about what SCUM stands for...

      Got it. S.C.U.M. = Sco Can't Understand the Market.

      Booyeah!

    7. Re:Can Linus sue SCO now? by HiThere · · Score: 1

      The stock market doesn't seem to think so... or just hasn't reacted yet (09:27 PDT)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  17. You're right by Anonymous Coward · · Score: 1, Funny

    There's no chance that SCO was using a version control system for development.

  18. from GPL to GPLer by gmuslera · · Score: 2, Funny
    So that teorical 80 lines in the Linux kernel are ok not only because was released by SCO embedded inside they own distribution's linux kernel, but also because those lines was already GPL because SCO source becomes GPL after including there code from Linux? And this, even if those 80 lines were really from SCO originally.

    Look like a lose-lose situation for SCO. I hope that greek tragedy end soon so we can worry about meaningful problems.

    1. Re:from GPL to GPLer by laukev7 · · Score: 1

      Remember, this is Slashdot. So this situation is more like a geek tragedy. *laughs stupidly at his own joke*

  19. SCO SCO SCO...one more time...SCO SCO SCO by Anonymous Coward · · Score: 0

    Enough with the SCO. It is like a bad childrens song that you have to listen to over and over and over and over and over and over....

    1. Re:SCO SCO SCO...one more time...SCO SCO SCO by speedfreak_5 · · Score: 0

      (to the tune of silent night)
      SCO's screwed
      SCO's screwed
      messed with linux
      now they're (hopefully) finished

      Stock goes down the drain
      and lawsuits ensue
      IBM makes them their bi*ch
      and no KY too!

      SCO, I hope you die-EEEEE!
      S-C-O, I hope you die...

      over and over... :)

      --
      Why yes I am paranoid! Thanks for asking!
  20. Personally, by Anonymous Coward · · Score: 0

    The Linux kernel works far too well for any of SCO's code to be a part of it.

  21. SELL SHORT.....SELL SHORT NOW.... by Dr_Marvin_Monroe · · Score: 5, Insightful

    If you belive the merits of this claim....If you belive them, now's your chance to cash out from the pot those greedy bastards at SCO have on the table...it's something like $9.50 / share now! ....grab it... .....SELL SHORT.....first thing when the market opens....

    Take all of that money before the greedy bastards grab it off the table!!!!....Monetary damages are the only thing the SCO mgmt. and the speculators funding this operation respect. Take their money before they figure out that the knife cuts both ways...

    1. Re:SELL SHORT.....SELL SHORT NOW.... by Squidgee · · Score: 1
      Just FYI:

      When a stock loses money, the company themselves don't lose actual money. The company's worth goes down, yes, but the company doesn't actually lose any money. Just value.

    2. Re:SELL SHORT.....SELL SHORT NOW.... by darkov · · Score: 3, Insightful

      No, they don't lose money, but their shareholders do and they can vote the directors and by proxy the mangement of the company in or out. Also employee options are worth less (or nothing) so the employees are unhappy. They also can raise less money on the market if they need capital.

      So no-one likes shares prices going down, except short-sellers.

    3. Re:SELL SHORT.....SELL SHORT NOW.... by Dan+Ost · · Score: 1

      You're wrong.

      Companies obtain lines of credit based on many things, including the
      amount of public stock they can sell to raise capital. If the stock price
      goes down, new lines of credit become unavailable and current
      creditors can "call in" some or all of what is owed them.

      If anyone wants the karma, google could probably yield some links that
      explain how company value is leveraged into lines of credit and what
      can happen when the company's perceived value lessens.

      --

      *sigh* back to work...
    4. Re:SELL SHORT.....SELL SHORT NOW.... by GreyyGuy · · Score: 1

      Most companies will own at least some of their own stock. When the price drops, that value goes down, and the value of the company's holdings go down. That can affect their credit rating, borrowing power, and a number of other things.

    5. Re:SELL SHORT.....SELL SHORT NOW.... by the-build-chicken · · Score: 0, Offtopic

      Actually...if you really wanted to make some cash...you'd run a butterfly spread on it...that way you would catch the hyped upswing when the courtcase began...and catch the crash when they lose ;)...plus, because it's optioned based...the barrier to entry is like 10% of the stock ownership barrier...but given current volatility, you'd probably be have to overpay a little for the options...just my 2c

    6. Re:SELL SHORT.....SELL SHORT NOW.... by cyberformer · · Score: 1

      As someone a very long way from retirement, I like stock prices going down. It means that my retirment fund will be able to buy more stock for the same amount of money.

      Also, it means that some rich bastards get slighly less rich. :-)

    7. Re:SELL SHORT.....SELL SHORT NOW.... by vtechpilot · · Score: 1

      Obviously you have no grip on how the stock market works. Selling your shares does not hurt the company in any signifgant financial way. Infact selling stocks that you devalue has nothing to do with a companies finances. Accounting 101 students would know that a sale of stock wouldn't even register a entry in the books. Owners equity in the business remains unchanged after such a transaction.

      However I conceed that if enough people sell their SCO stock and the market value of the stock drops, the management might have to explain a little to the remaining and new shareholders. They also might have more trouble securing loans.

      Now if you are selling the shares back to the company and reducing the total number of shares, that is the opposite of dilution and is a good thing for the remaining shareholders because their dividends (If SCO is paying any) increase.

      If you really want to change SCO as a stock holder, you're better off exercising some of the voting power that comes with it. Call up some board members and express your concern. Now if you are planing some kind of boycott then sure sell those looser stocks.

      --
      Slashdot is an anagram for Has Dolts, and I am Dolt number 468543
    8. Re:SELL SHORT.....SELL SHORT NOW.... by dcavanaugh · · Score: 1

      I agree that selling SCOX (if you have some) is not going to cause much pain. On the other hand, shorting the stock requires no such ownership AND the options market activity is watched by the institutional investors (they use it as a leading indicator for the underlying stock).

      You mentioned to ability to use voting power or to lobby their board. How about signing up to speak at their annual shareholders meeting? Now THAT would be fun!

    9. Re:SELL SHORT.....SELL SHORT NOW.... by Zigg · · Score: 1

      As someone a very long way from retirement, I like stock prices going down. It means that my retirment fund will be able to buy more stock for the same amount of money.

      Well, provided the stock then goes back up. If it continues going down, you've wasted your money.

      Just adding a little sunshine :-)

    10. Re:SELL SHORT.....SELL SHORT NOW.... by Kjella · · Score: 1

      The trouble is, has the hype peaked? Or will the stock price continue to raise further? Never underestimate how *little* the stock market can have to do with reality...

      Kjella

      --
      Live today, because you never know what tomorrow brings
    11. Re:SELL SHORT.....SELL SHORT NOW.... by mec · · Score: 1

      You are right, the company does not lose money.

      But the executives who own company stock lose money, and the biggest shareholder, Canopy Group (which owns 43% of SCO), lose lots of money.

      Disclosure: I am short SCOX. If SCOX goes down, I make money.

    12. Re:SELL SHORT.....SELL SHORT NOW.... by swillden · · Score: 1

      The trouble is, has the hype peaked? Or will the stock price continue to raise further?

      Irrelevant. Regardless of whether or not the stock rises in the near future, if you short now, you'll make money when it falls later. Not as much as if you sold at the peak, but trying to hit the peaks and valleys is a great way to lose money in the market. What matters is that SCOX is currently massively overvalued (unless their claims have merit, which is very, very dubious for all of the reasons discussed over the last several weeks here on /.) and that means there is a current opportunity to make some money off of their foolishness.

      I shorted SCOX yesterday, in fact.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    13. Re:SELL SHORT.....SELL SHORT NOW.... by Erik+Corry · · Score: 1

      [i]Regardless of whether or not the stock rises in the near future, if you short now, you'll make money when it falls later.[/i]

      Unless it rises so much that your broker closes out your position (buys stock to cover the short position) in order to limit their liability.

      They can close it out for other reasons too (like the person they borrowed stock from wants it back) at any time.

      Good luck with the SCO short. Lets hope IBM doesn't buy them.

    14. Re:SELL SHORT.....SELL SHORT NOW.... by decapentaplegic · · Score: 1

      Be VERY cautious about risking a lot of cash selling short. Some who sold short at the start of this mess might already be in trouble since the stock has resolutely failed to respond to our view of reality.

      The repo man does not care whether all the geeks on slashdot were ABSOLUTELY sure the price would drop.

  22. Obligatory South Park... by Znonymous+Coward · · Score: 4, Funny

    "Ladies and gentlemen of the jury... This is Chewbacca..."

    --

    Karma: The shiznight, mostly because I am the Drizzle.

    1. Re:Obligatory South Park... by Anonymous Coward · · Score: 0

      > "Ladies and gentlemen of the jury... This is
      > Chewbacca..."

      That does not make sense.
      What does this have to do with this case. Nothing.
      Why? I'll tell you why. I don't know. It doesn't make sense.

    2. Re:Obligatory South Park... by Anonymous Coward · · Score: 0

      If Chewbacca was a wookie, you must acquit!

    3. Re:Obligatory South Park... by Anonymous Coward · · Score: 0

      Ladies and gentlemen of the *supposed* jury...

  23. This could be very bad for SCO... by Anonymous Coward · · Score: 3, Informative



    This is exactly the kind of scenario that Cringely pointed out in his latest column about the SCO vs. IBM situation on his PBS.org website:

    I, Cringely: Technician, Steal Thyself

    Related past columns:

    May 22, 2003
    May 29, 2003

    1. Re:This could be very bad for SCO... by Anonymous Coward · · Score: 0

      what a moron

  24. For those of you who haven't already by Mensa+Babe · · Score: 5, Informative

    read Eric S. Raymond's OSI Position Paper on the SCO-vs.-IBM Complaint, I suggest to read it. It is very interesting and shows that we have nothing at all to worry about. Great job, ESR!

    --
    Karma: Positive (probably because of superiour intellect)
  25. History repeats itself by autopr0n · · Score: 4, Interesting

    Isn't this the same problem that came up with the BSD code? I.E. AT&T liberally copied the BSD code and then sued BSD for using their code. At the time, it was a sever problem for BSD and lead to the widespread adoption of Linux.

    I doubt the same problems would happen with SCO, because unlike AT&T back then, which was the Unix company, SCO is just some pissant company no one cares about.

    That would also explain why SCO has been so unwilling to show exactly which bits of code they used. People would quickly realize that Linux developers wrote the stuff, not SCO.

    On the other hand, I don't think anyone would be stupid enough to claim that Linux used code stolen from their own Linux compatibility layer. What are they going to claim "Without our code, Linux would never be compatible with, um, Linux"

    --
    autopr0n is like, down and stuff.
    1. Re:History repeats itself by Anonymous Coward · · Score: 0

      No, the USL vs BSDI case was resolved long before linux was a significant implementation - Jan 1994 to be exact - http://www.openresources.com/documents/open-source s/node32.html

  26. No, only the copyright holder can sue by Anonymous Coward · · Score: 0

    But do you have proof that SCO is violating copyright? SCO has proof in the opposite direction and they have made it available under NDA.

    1. Re:No, only the copyright holder can sue by juan2074 · · Score: 1
      No, SCO does not have proof that code was taken from them and used in Linux.

      They have shown two sets of code that are mostly identical over about 80 lines.

      They have not established for certain that one set of code is their own, that one is Linux source code, which dates these two sets of source code were created, nor who actually wrote the code (nor who could have copied it from one to the other).

      They have not shown that the code in question was not stolen from Linux by SCO. In fact, that is still very much a possibility.

    2. Re:No, only the copyright holder can sue by rifter · · Score: 1

      The code they are releasing under NDA sounds like a honeypot to me. Anyone who reads that code can't work on parts of Linux that code might affect or comment on the validity of SCO's claims. Essentially it was an attempt to get rid of potential expert witnesses in defense of IBM and Linux developers at the same time. Of course IBM has its own linux Developers and Expert witnesses so they do not have to worry about that really.

  27. Countersue them to a fast death!!! by Anonymous Coward · · Score: 0

    uh.. all wasted in the subject..

  28. Get this! by Otter · · Score: 4, Interesting
    Thank heavens! Here I thought we were going to have to spend a day without debating vaporous claims of SCO code in Linux, and instead we get to argue about some nameless guy's claims of Linux code in SCO?

    Two questions, though:

    1) Out of curiosity, how does FreeBSD handle Linux binaries? Is it Linux kernel code included under the GPL somehow or did they implement it themselves? If the latter, isn't this accusation against SCO the same as SCO's argument of "Well, they must have misappropriated our code because, well, they must have!"?

    2) What am I supposed to get about "get this 'SCO also never used any of the Linux kernel code.'"? What's the issue? The extraneous "also" that wandered in from the next sentence, probably an eWeek typo? Or is it supposed to be a claim that SCO never used Linux code at all, despite the nect sentence making it clear that "used" means "used in the LKP"?

    1. Re:Get this! by squidinkcalligraphy · · Score: 1

      Linux binaries are in ELF format. As I understand it, you'd only need the correct libraries and linking and loading utilities to run them on any other system using a compatible CPU. In much the same way the linux kernel doesn't need to be modified to run windows binaries - an application-level program called WINE does the trick.

      --
      "I think it would be a good idea" Gandhi, on Western Civilisation
    2. Re:Get this! by Arker · · Score: 4, Insightful

      1) Out of curiosity, how does FreeBSD handle Linux binaries? Is it Linux kernel code included under the GPL somehow or did they implement it themselves? If the latter, isn't this accusation against SCO the same as SCO's argument of "Well, they must have misappropriated our code because, well, they must have!"?

      No, they had to reimplement it because while you can make BSD code GPL you can't take it the other way, at least without copyright holders permission. They were free, of course, to look at the linux code while doing it, making it a relatively easy task. Probably if you looked there are sizeable chunks of identical code and comments there too. I bet the header files are a real treasure trove for those.

      Identical chunks of code and comments do not prove copying or copyright infringement. It takes more, in a case like this, because there are plenty of perfectly legitimate reasons for it to occur. To determine if something illegal happened, whether we're talking about Caldera copying from Linux or vice versa, you've got to do a much more fine-grained analysis than just counting lines that match.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    3. Re:Get this! by stox · · Score: 2, Informative

      Answer to #1, FreeBSD maps the Linux system calls into its own. No Linux code or kernel is used to provide this interface. However, to "really" use it, you need to copy Linux libraries and binaries onto the system.

      --
      "To those who are overly cautious, everything is impossible. "
    4. Re:Get this! by Otter · · Score: 1
      Yeah, that's what I thought.

      From the article:

      "These system call implementations had to be quite compatible with the behavior of the real Linux kernel, otherwise Linux applications would not work on SCO Unix. It is quite obvious to argue that in order to get these right, Linux kernel code had to be studied and possibly copied into the SCO Unix kernel to implement the Linux Kernel Personality.

      "How else would you get the Java Hotspot VM or the X-window server (Linux binaries) to work on SCO Unix?" the source questioned.

      The part about the X server aside (I can't even imagine what that's supposed to mean), the claim is that SCO couldn't have POSSIBLY implemented this support themselves. Seems pretty weak to me.

    5. Re:Get this! by Otter · · Score: 1
      No, they had to reimplement it because while you can make BSD code GPL you can't take it the other way, at least without copyright holders permission.

      Sure. I was just wondering if they had sandboxed it somehow that it could be shipped alongside the BSD-licensed system.

      Seemed extremely unlikely, especially since there's no way someone in the FSF/GPL crowd wouldn't have made noise about it, regardless of the legal merits of the matter. Look how they freak out when Lindows doesn't offer free ISO downloads. But I figured I'd ask instead of immediately declaring this whole claim about SCO to be bullshit.

    6. Re:Get this! by MobyTurbo · · Score: 1
      These system call implementations had to be quite compatible with the behavior of the real Linux kernel, otherwise Linux applications would not work on SCO Unix. It is quite obvious to argue that in order to get these right, Linux kernel code had to be studied and possibly copied into the SCO Unix kernel to implement the Linux Kernel Personality.
      The fact that FreeBSD, NetBSD, and OpenBSD all made clean-room implementations of Linux kernel emulation belies SCO's claim. Of course, stealing the code is the easiest route, but that's illegal for a closed source application to do.
    7. Re:Get this! by YU+Nicks+NE+Way · · Score: 1

      I don't think that SCO is making that claim. The article's author is making that claim, and, like the gp. post, I find it pretty weak. After all, we know that it's possible to make a clean mapping module, since FreeBSD, NetBSD, and OpenBSD all have clean-room linux kernel personality modules.

      I'd like to know how different the SCO LKP is from those, in fact. I'll be honest with you: if I were going to write an LKP for a version of UNIX which was to run on x86 hardware, I'd start with the FreeBSD implementation, figuring that it would get me 95+% of the thunks for free, and give me a very strong hint on how to emulate difficult things like LinuxThreads.

    8. Re:Get this! by oohp · · Score: 1

      FreeBSD uses some linux libraries and such for Linux emulation. Stuff from RedHat I think. They're distributed under GPL and it's an optional package.

    9. Re:Get this! by minion · · Score: 1

      Correct me if I'm wrong, but I thought that something was only a copyright violation or a patent infringement if it was greater than 75% likeness?

      --

      -- If we don't stand up for our rights, now, there will be no right to stand up for them later.
    10. Re:Get this! by Dausha · · Score: 2, Interesting

      Identical chunks of code and comments do not prove copying or copyright infringement.

      How so? I thought that any excerpt of a work that is identifiable was still under copyright. By that I mean that you can't claim that my 'the' was stolen from one of your copyrighted works; but if I lifted a paragraph verbatim from your work and placed it in my work without citation, then it is copyright theft.

      So, if code and comments are identical and in chunks, then aren't we presented with the same condition? I think so, especially when a 'chunk' so happens to be a complete subroutine. You infer that in your paragraph, but I think comments, routine names and variable names make the chunk of code identifiable and can substantiate a claim of copyright violation. Please clarify my misunderstanding.

      --
      What those who want activist courts fear is rule by the people.
    11. Re:Get this! by bovinewasteproduct · · Score: 1

      1) Out of curiosity, how does FreeBSD handle Linux binaries? Is it Linux kernel code included under the GPL somehow or did they implement it themselves? If the latter, isn't this accusation against SCO the same as SCO's argument of "Well, they must have misappropriated our code because, well, they must have!"?

      FreeBSD translates the Linux syscalls to FreeBSD syscalls. There is a little bit more magic here and there, but none of it comes out of the Linux kernel and it is not GPLed. Now mind you, this is just for the kernel section, as far as userland goes (libs and such), FreeBSD installs a RedHat userland into /compat/linux. After you fire up a Linux shell, it's hard to tell your not running Linux. As a matter of fact I know people that run in "Linux mode" most of the time because they want the SysV way of doing things...

      BWP

    12. Re:Get this! by Arker · · Score: 1

      So, if code and comments are identical and in chunks, then aren't we presented with the same condition? I think so, especially when a 'chunk' so happens to be a complete subroutine. You infer that in your paragraph, but I think comments, routine names and variable names make the chunk of code identifiable and can substantiate a claim of copyright violation. Please clarify my misunderstanding.

      Even if we're talking about, say, a novel, it's not true that simply having matching text automatically means copyright infringement. In the case of a novel, however, if it's very extensive it's a pretty good bet. But there are still at least conceivable non-infringing reasons to find matching sections. There are cases of functional text is likely to match (dedications, copyright notices, directions or instructions) where it isn't unusual or sinister for there to be some overlap for instance. There is also the possibility that two novels both use passages from an earlier work, that is in the public domain. For instance, my novel and your novel might contain extensive matching text because we're both using the Bible as source material, or we could both have written cookbooks with similar recipes because there are only so many ways to cook certain dishes that taste good. So no, matching text doesn't always mean copyright infringement.

      In this particular case, there are plenty of good reasons the codebases in question should be expected to have extensive matching sections, even without any copyright infringement being involved. There is the BSD codebase, genetically related to SysV, but under a GPL compatible license. Think about this for a second. There is a huge overlap between BSD and SysV, and any code that they share is effectively not covered by the SysV copyrights, that protection was forfeited long ago. If Linux or for that matter any other project, free or proprietary, borrows code from BSD it's perfectly legal to do so and it also means that it's probably going to share code with SysV.

      There is also the fact that a large portion of the comments in any *nix system can be expected to be cut and pasted from the POSIX documents, and of course code is also functional speech - so even if they both have the same cut and paste comment from the POSIX documents and the same code below it, that may just be because it's the obvious way to implement the standard within a *nix context.

      To prove a case of copyright infringement SCO would at minimum have to declare exactly what lines they're talking about and let the plaintiff have a chance to rebut the claim of infringement. And there are so many ways that can be done in this case. To prove their case, the matching lines need not just to exist, they need to not match with BSD, they need to not be plausibly explained by POSIX compliance or anything similar, and they need to be documentable in SysV at an earlier date than they show up in the Linux tree.

      This is why you don't see anyone with any credibility that thinks SCO has a case. Sure, there are matching lines. SCO is acting like that's a huge surprise. It's not. It's almost certainly code shared with BSD, POSIX implementation stuff, and stuff that Linux had first however. That's why SCO won't tell anyone what the offending code is. Their tactics aren't the tactics that would be rational if they had any real beef, they're the tactics instead of someone hoping if they can be enough of a pain in the ass IBM will buy them out.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    13. Re:Get this! by DavidTC · · Score: 1
      You are wrong.

      Patent violations occur when you duplicate the process outlined in the patent application. You have to exactly duplicate it, but this is why patents are written so broadly and patent lawyers make so much money. I'm not quite sure how you could duplicate 75% of a process, or figure out what that means, anyway.

      If there are four steps required in the patent, and you do three of them and then some other ones, no, you haven't violated the patent. But no one writes patent claims like that, AFAIK.

      Copyright is an entirely different kettle of fish, copyright violations can be very vague, but there is no 75% rule at all. There is a concept called 'fair use', which is partially written law and partially case law, which says that you can use parts of copyright works in all sort of ways, like in parody or in critism, or in a classroom, or to translate into another media for your own use, and all sorts of stuff.

      With regard to programming, programmers often use reference implimentations, or just stuff that everyone learned out of textbooks. Everyone's implimentation of 'add an pointer to a linked list using C' is going to look basically the same, because there's really only one good way to do it, and everyone learned it using the same examples in various textbooks.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    14. Re:Get this! by tigga · · Score: 1
      Out of curiosity, how does FreeBSD handle Linux binaries?

      In my understanding it is more or less easy.
      FreeBSD and Linux have kernel calls numbered differently. In simplest case you have only to renumber kernel call. For example linux program calls write, it gets renumbered and FreeBSD kernel executes write. In fact things are more complicated - some linux calls should be reimplemented, there are differences in signal handling, different structures, ioctls etc. And if your program dynamically linked you have to install linux libraries.

      And yes it's clean off GPL.

    15. Re:Get this! by tigga · · Score: 1
      you can make BSD code GPL

      It is not exactly correct.

      Consider project under BSD license. It has 3 files: main.c func1.c and func2.c. Only func2.c gets completely overwritten with GPLed code. In accordance with GPL all code became GPL. But if main.c and func1.c were not touched why license part should be changed?

      I'm fine with different licenses for different code parts .

    16. Re:Get this! by Arker · · Score: 1

      If you get the files via a GPL license then you have them under GPL. If you get them via BSD license, then they're under BSD, and if under a proprietary license then under that. The thing is the BSD license allows you to redistribute under whatever license you want. You can just pull stock FreeBSD and compile it and call it WoohooOS and sell it for a million bucks under an MS style EULA if you want, and if you can find anyone dumb enough to be your customer.

      Now in your example, all three files are legally under GPL if you received it under GPL with the modified func2.c. If you want it under BSD, you can get that, you just have to get the original version that's under BSD. Technically, if you don't, it's all under GPL still. Just as, if you buy say BSDI, you have no rights to the code, even though much of it is freely available under the BSD license elsewhere.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
  29. Hrm... by Squidgee · · Score: 4, Insightful
    While all of the /.ers are jumping up and down screaming "We already knew this!", this is actually quite helpful to Linux's cause on the SCO front. This "source" (Oh come on, come out and be supenad (I have no clue how to spell it)) has pinned down where the Linux code is; much better then wading through all of SCO's code to find where the Linux code is.

    It's also interesting to note just how easily SCO found their code in Linux; you'd think it'd be too difficult to find such things unless you were looking...or if you already knew they were there...

    1. Re:Hrm... by PetWolverine · · Score: 1

      "Subpoenaed"

      --
      I found the meaning of life the other day, but I had write-only access.
    2. Re:Hrm... by NonSequor · · Score: 4, Funny

      subpoena

      Sub means under in Latin.
      Poena means pain or penalty.

      Isn't learning fun?

      --
      My only political goal is to see to it that no political party achieves its goals.
    3. Re:Hrm... by Squidgee · · Score: 1
      Isn't learning fun?

      Sure it is. =p

      And I knew it had an extremely odd spelling..too bad I couldn't come up with it.

    4. Re:Hrm... by stinkyelf · · Score: 1

      and I thought the word trying to be spelt was supernads...

    5. Re:Hrm... by Anonymous Coward · · Score: 0

      ok, past tense NonSequor.

    6. Re:Hrm... by Anonymous Coward · · Score: 0

      Totally, I think I found my new slashdot login.

  30. hell yeah! by SHEENmaster · · Score: 1

    Give the man his rightful fortune! I'd also like to see some money go to the authors of zsh, php, and mysql. Is there any sort of fund to pay OSS developers for their contributions?

    --
    You can't judge a book by the way it wears its hair.
    1. Re:hell yeah! by Anonymous Coward · · Score: 0

      Millions of open-source coders all countersuing. Oh my GOOOODDDD! That would be awesome. They would be sued to bankruptcy! The best thing would be to submit documentation or code

  31. Re:The three axis of evil: SCO, SCO & SCO by Joe+Tie. · · Score: 2, Funny

    Given the amazing degree of agreement in the discussion of 'Why Johnny Can't Handwrite", I think we need to put cursive right up there before Microsoft.

    --
    Everything will be taken away from you.
  32. Suprise! The new suits are clueless! by mwfolsom · · Score: 2, Funny

    One wonders if the new suits that have taken over SCO actually know what's been happening there over the last few years! Wouldn't it be wonderful if SCO did it to themselves? IBM's counter suit should be entertaining. It may be time to short SCOX!

  33. Huh? by Anonymous Coward · · Score: 0

    Your use of the the word 'metaphor' is peculiar. Try 'belligerent', instead.

    Better yet, try www.tubgirl.com

  34. Great. by BooRadley · · Score: 1
    Now we can finally get both sides of this story out in the open. I wonder if any former SCO coders will come out of hiding if they are called into court as witnesses that GPL code was copied into the UnixWare kernel? Will SCO's NDA trump that testimony and make the ex-programmers legally liable to SCO for damages?

    Anybody want to take bets as to the source of SCO's "stolen" IP?

    --

    -- lk t lv ll th vwls t f wrds. T svs lts f tm t wrt bt ts pn n th ss t rd nd mks m lk lk cmplt dpsht.

  35. sue-ability? by maliabu · · Score: 1

    Is it a crime to use open source codes, keep them and change them to commerical only later? can the open source community take the offender to court for that matter? or they can only complain about it on SlashDot?

    And what happens if the codes have been modified significantly? can the open source community still claim the ideas/innovation rather than the coding itself?

    i hope this issue has already been addressed and open source codes do remain in the public.

    1. Re:sue-ability? by Anonymous Coward · · Score: 0

      It isn't a crime, but it is a violation of the GPL to take GPL code and incorporate it into a commercial product (and to then sell the compiled binaries). That is what the GPL is all about.

    2. Re:sue-ability? by Anonymous Coward · · Score: 0

      It is standard copyright law. Same as with CD's. How much do you need to modify a CD before you can copy it without getting in trouble with the RIAA?

      Compressing it to MP3, and putting 100 tracks on one CD is not enough, but where the line would be put depends on the judge.

  36. Maybe by autopr0n · · Score: 1

    But it depends on who wrote the stolen bit. Could be linus, could be alan cox or one of the many other contributers.

    --
    autopr0n is like, down and stuff.
  37. TWO WORDS: by vmalloc_ · · Score: 1

    COUNTER SUIT!

  38. Repost by Anonymous Coward · · Score: 0

    You mean, like, again?

  39. Pathetic by Rosco+P.+Coltrane · · Score: 5, Insightful

    SCO sues IBM because they use Linux code that SCO says has SCO code in it. Novell says Unix isn't SCO's. SCO says Unix is theirs to exploit. Linux geeks angered by SCO says SCO copied Linux code into its products, ... etc etc ...

    When I was, oh what?, five years old, I remember that kind of talk in the courtyard at school during recess :

    - Hey, Johnny stole my yellow marble
    - No I DID NOT !
    - YES YOU DID !
    - It's not your marble anyway, it was mine, I just told you to borrow it, I didn't give it to you
    - I'll tell my Mom Bruce stole Robert's marble, and you'll be GROUNDED !
    - I DID NOT !
    - YES YOU DID ! ...

    Replace one of these kids by SCO, another by Novell, a third by IBM, a fourth by the Linux community, the one who tells Mom by Microsoft, the courtyard by the computer industry and Mom by the DOJ and there you have it.

    *sigh*

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    1. Re:Pathetic by etymxris · · Score: 4, Insightful

      The difference hear is that SCO is basically asking us to take their word for it. It's like the proselytizer who asks us to believe in his god on "faith". If I balk at the proselytizer, he will tell me that the "truth will be seen" when I die. Similarly, SCO will show us the "evidence" when we sign an NDA that basically prevents us from practicing our livelihoods. It's an unexceptable condition to see the evidence. And just as god will "test" us by not showing evidence of his existence, similarly bizarre reasons exist for SCO not showing evidence of infringement.

      Things will hopefully wrap up on Friday, when SCO is supposed to revoke the AIX license. If they take IBM to court, they will have to show evidence. If they don't, then they lose credibility. Either way, they lose.

    2. Re:Pathetic by andrewski · · Score: 1

      Sweet. Then, hopefully, IBM will see the light and start porting over some of the neater features of AIX to Linux.

    3. Re:Pathetic by Zebbers · · Score: 1

      insightful? ya, we are animals and have the same fatal flaws across all age groups.

      most of the stuff your common adult does makes me sick anyways when compared to the innocence of a child.

      adults drop bombs. ever watch cspan? adults trade "talk".

      not a big insight

    4. Re:Pathetic by gillbates · · Score: 1
      It's like the proselytizer who asks us to believe in his god on "faith".

      Please don't insult religious fanatics by comparing them to SCO...

      --
      The society for a thought-free internet welcomes you.
    5. Re:Pathetic by Anonymous Coward · · Score: 0

      "When I was, oh what?, five years old, I remember that kind of talk in the courtyard at school during recess"

      Courtyard? How old are you? When I was a kid we called it the "playground".

  40. Summed Up Nicely by Jack+Comics · · Score: 3, Funny

    The User Friendly comic strip summed the whole SCO thing up nicely here. Funny? Hidden truth? You decide.

    --
    "We are all in the gutter, but some of us are looking at the stars." - Oscar Wilde
    1. Re:Summed Up Nicely by Anonymous Coward · · Score: 0

      The cartoon's last panel says "bill, they can see your sleeve". Must be Bill $ himself that they are talking about. Figures.

    2. Re:Summed Up Nicely by Anonymous Coward · · Score: 0

      let's slashdot userfriendly.org. nice going, you ass!

  41. It's not about the same code in both places... by kzinti · · Score: 4, Insightful

    Here's what I've been wondering: if linux has code that's the same as code in SCO unix, why assume that linux copied it from SCO and not vice-versa? You can't just point to code that's the same and say "Aha! linux copied!".

    It's not about seeing the same code in both places, it's about establishing which was developed first. You can't look at just the current version of either linux or SCO - you have to look at the change history of the common code. In one version, the code should show some evolution over time - across RCS versions, or across versions of kernel releases. In the copied version, a whole bunch of code will have appeared "Poof!" all at once. You can't just look at the surface - you have to look beneath the surface, into the code's history.

    Of course, there is the possibility - I consider it unlikely - that large chunks of code appeared in both places all at once. This will mean that the code was developed over time external to whichever version of linux or SCO unix had it first, then copied in as part of a major rev... but somebody, some developer somewhere, will have interim versions, notes, design docs. Code doesn't just spring from the head of Zeus - it evolves, and whoever developed it will have to be found to prove its origin.

    1. Re:It's not about the same code in both places... by MegaThawt · · Score: 1

      >Code doesn't just spring from the head of Zeus...

      They appear to be talking about a snippet of code that sprung from the other end.

      --
      All sigs should be as funny as possible, but no funnier.
    2. Re:It's not about the same code in both places... by Anonymous Coward · · Score: 0

      I went back and read some of the public statements of Ransom Love, who formerly was the head of Caldera/SCO, and who organized the UnitedLinux effort. It seemed to me highly likely that he did not make much effort to distinguish between the Unix code and the Linux code and he even noted that Linux was moving toward equalling Unix's abilities in scalability, etc. -- presumably the very capabilities that SCO is targeting in their lawsuit. I would not be surprised if it was SCO/Caldera itself that is responsible for putting Unix code in Linux, if in fact that happened.

    3. Re:It's not about the same code in both places... by Steeltoe · · Score: 1

      They appear to be talking about a snippet of code that sprung from the other end.

      Must be REALLY well coded, to be worth a BIILLIIOONNN DOOLLLAAARRRR$$$$$! ;-)

  42. I'm sorry, I forgot to add by Mensa+Babe · · Score: 1

    that even if you have already read it, this text is being constantly updated, so you still might want to check it out for the latest updated, such as those from 2003-05-26.

    --
    Karma: Positive (probably because of superiour intellect)
  43. Does eWeek's source understand the GPL? by Jeremy+Erwin · · Score: 2, Informative

    That could violate the conditions of the GNU GPL, which states that any amendments to open-source code used in a commercial product must be given back to the community or a copyright notice must be displayed attributable to Linux, he said.


    Sounds as if the source doesn't understand the difference between the BSD license and the GPL.
  44. It is only a matter of time... by appleLaserWriter · · Score: 5, Interesting

    At Microsoft, Windows NT (XP) source code is only available to general employees through a web based search engine. It would be very interesting if segments of open source code were found inside Windows itself.

    At the policy level, Microsoft is extremely paranoid of Open Source. At the individual developer level, the quality and depth of code reviews varries substantially from group to group. As a result, Microsoft is highly unlikely to be aware, as a company, if Open Source has penetrated its products. This presents a significant risk to shareholders.

    Apple, on the other hand, has done an excellent job of integrating Open Source into their commercial product(s). They are certainly aware at the marketing level that there is a combination of Open Source and Apple code in OS X, so I assume they have a very good handle on the situation at an engineering level.

    Now SCO is in the worst position. Not only do they have the same tech-industry turnover rate as companies like Apple and Microsoft to deal with, but they've changed hands repeatedly in the last decade, further randomizing the org structure. While the SCO legal team may be able to construct threatening arguments aimed at IBM, Linux and friends, they are really exposing their vulnerability to counter suit. Again, significant shareholder risk exists in SCO.

    1. Re:It is only a matter of time... by SiMac · · Score: 4, Insightful
      Microsoft is not paranoid of open source, just anything GPL'd. If you read the documentation that comes with Windows, you'll discover that Microsoft uses some BSD licensed code in Windows (see more).

      However, I'd be very surprised if Microsoft used anything from Linux, considering it's actually legal and therefore far more tempting to use something from the BSDs, and there are not many features Linux has but the BSDs lack.

    2. Re:It is only a matter of time... by andrewski · · Score: 1

      I believe that Apple likes to hold on to good people, whereas I see an operation like MS or SCO viewing programmers as all basically equivalent units to each other.

      That may just be my impression, but I know that Steve likes to keep good folks close by.

      On a completely unrelated note, it'd be cool if Apple Research was brough back into operation.

    3. Re:It is only a matter of time... by Keeper · · Score: 1

      MS tries to hire the best people it can get it's hands on. Their employees are their life blood, and they do their best to treat them well. Take a look at the benefits package they list on their careers page. It is an outstanding company to work for.

      The people that do well advance in the company. The people that don't, well...don't. Albiet, in a company the size of MS some chaff manages to rise through the ranks too, but I've generally been impressed with the people I've met.

      I should also point out that when you talk about MS and Apple, the name "Steve" is somewhat ambiguious (Steve Jobs, Steve Balmer) -- though given the context in this case it wasn't too hard to figure out. ;)

    4. Re:It is only a matter of time... by towatatalko · · Score: 1

      âoeAgain, significant shareholder risk exists in SCOâ â" I would agree with that. But their shareholders probably already âoefactored inâ risks of this lawsuit and they keep buying more stock of SCOX. Why? Because in the situation like this speculation is the bottom line. Their CEO said this, Novell said that, GPL, etc. Speculation fuels that stock up and thatâ(TM)s all they care about. When they think the time has come to sell it they will sell in a hurry and SCOX will end up in a dumpster. But if they made 100% profits on it or more nothing else matters (in their twisted mind), they can go to Hawaii or Bahamas for good vacation and laugh about how they duped OS community into believing that their claim might had been true. Then, the revenge of nature is that no money lasts forever.

      --

      IP was invented for the sake of lawsuits.
    5. Re:It is only a matter of time... by nathanh · · Score: 1
      As a result, Microsoft is highly unlikely to be aware, as a company, if Open Source has penetrated its products. This presents a significant risk to shareholders.

      I fail to see why Open Source would pose more of a risk than Closed Source. If Microsoft isn't keeping track of their code and finds something in... oh, I don't know... SQL Server that doesn't belong to them, then they're in just as much trouble as if MySQL code was in there or Linux code was in there.

      In fact, for some open source licenses there is less of a problem. For example, BSD licensed software.

      Even for GPL software, possibly the harshest of all the open source licenses, they are no worse off than if they stole code from... oh, I don't know... Stac Technologies and incorporated it into a flagship Microsoft product. They don't have to accept the GPL. They can always revert to their standard practise when they've been caught "stealing" code; pay heaps of money to keep it all quiet.

    6. Re:It is only a matter of time... by appleLaserWriter · · Score: 1

      The only perk that really keeps people at Microsoft is the employee stock option program. Now that MSFT is either declining or trading, options are at best fictitious motivation, especially when the company has in excess of $40 B cash lying around.

      Check the annual report. You will find that Microsoft makes nearly half of its money from external investments. The other half comes from Windows and Office sales. I don't recall the exact size of those teams, but I'm sure they are under 10k people. Since there are around 40k full time employees, this means that the company is 25% revenue drivers and 75% dead weight.

      From a shareholders perspective, holding MSFT stock is similar to splitting your investment between a technology fund and a money market fund.

    7. Re:It is only a matter of time... by appleLaserWriter · · Score: 1

      Open Source, and particularly GPL code poses significant risk for two reasons. First, it is readily available. Second, it is very well documented.

      In order to steal code from Stac Technologies, the developer needs to have substantial connections within Stac in order to get the code. It is very likely that they have good connections inside of Microsoft as well, and may be able to advice Legal appropriately. The average CS graduate is likely to be familiar with and comfortable using GPL code and may have little understanding of the legal implications of using such code when they go off to work at Microsoft.

      Finally, when Stac gets their code stolen and incorporated into DOS 5, there is a well defined entity, Stac, that Microsoft can fight with and/or appease. Open Source software rarely has a well defined organization behind, but many will come to its aid if they perceive a value opportunity.

      Open Source is a can of legal worms, commercial software is a bullet. Microsoft is well versed with kevlar vests and dodging bullets, but these worms are entirely new.

    8. Re:It is only a matter of time... by _Sprocket_ · · Score: 1


      Microsoft is not paranoid of open source, just anything GPL'd. If you read the documentation that comes with Windows, you'll discover that Microsoft uses some BSD licensed code in Windows...

      However, I'd be very surprised if Microsoft used anything from Linux...


      Prepare to be suprised. Well, with one caveat. Microsoft may not use Linux kernel code but it definately uses GPL tools in one of its current commercial products: Services for Unix. Also keep in mind this product is the reason given for Microsoft's desire to license SCO code.

      Take a look at a previous posting of mine on this subject.
    9. Re:It is only a matter of time... by Keeper · · Score: 1

      Trust me, the only thing that keeps people at microsoft is NOT the employee stock option program. And this is me speaking as an MS employee, who views the stock programs as being virtually worthless.

      The little things, like free soda are a nice touch. Bigger things, like giving everyone the day off for an all expenses paid trip to go skiing is also really cool. The free health club membership is damn nice too -- and it isn't a crappy gym either.

      On top of that, the health and dental package (of which nothing comes out of your pocket -- no money comes from your paycheck, and there is no co-pay on virtually everything) is the best I've ever seen.

      Then there is the actual work itself -- I get to work with some of the smartest people I've ever met and I've always got something interesting to work on (the two primary things I look for in a job). Contrary to popular belief, people here don't breath fire, carry pitchforks, or go around plotting how to kill Linux all day.

  45. Sounds like enough for a lawsuit to me by Anonymous Coward · · Score: 5, Funny

    I have already sent threatening letters to all of SCO's customers telling them to cease and desist. It was a hassle and cost me almost three dollars in stamps, but in the end I think it will pay off.

    I have warned them that I am seeking 4.2 trillion dollars in damages, plus they must give ESR a full body massage.

    This seems more than reasonable to me.

    1. Re:Sounds like enough for a lawsuit to me by Imperator · · Score: 4, Funny
      plus they must give ESR a full body massage
      In the US, cruel and unusual punishment is unconstitutional.
      --

      Gates' Law: Every 18 months, the speed of software halves.
    2. Re:Sounds like enough for a lawsuit to me by WhaDaYaKnow · · Score: 1

      I am seeking 4.2 trillion dollars in damages

      Why ask for trillions when you can have... oh, never mind...

    3. Re:Sounds like enough for a lawsuit to me by Anonymous Coward · · Score: 0

      So they'll have to send SCO and ESR to Guantanamo Bay to have the massage there...?

  46. As long as they returned it, I'm OK with it! by Gnulix · · Score: 3, Funny

    OK, so perhaps they borrowed some code from Linux, but I'm sure they returned it by now. It might be a little overdue, but I'm pretty sure the source is in the same condition as when they borrowed it!

    Neither a borrower nor a lender be...

  47. Re:Novell says by andy666 · · Score: 1

    yeah, that happened to me a couple of times too.

  48. what about ext2 fs support by Anonymous Coward · · Score: 0

    Unixware can read ext2 filesystems, no? Where did that code come from?

  49. Re:The three axis of evil: SCO, SCO & SCO by Anonymous Coward · · Score: 0

    "Mike"? Who is this evil "Mike"? He must be stopped!

  50. SCO's goal by Anonymous Coward · · Score: 5, Interesting

    I think nearly everybody is missing what SCO's real goal is. Of course they would like it IBM gives them a truckload of money, or SCO's own product sales pick up, but they do NOT really expect either to happen.

    What they actual want: Defacto or Actual CONTROL OVER LINUX.

    Chris Sonntag made it completely clear when he publcly said 'we hope to get our arms around all the Linux out there' and 'there is no legal use of Linux'?

    Defacto control can be achieved by establishing (at least in business people's minds) that Linux infringes their IP, but never revealing exactly how. They will simply say: Look MS settled (and yes they really were threatened with a SCO lawsuit), Look IBM settled (they might, I bet they would if SCO offered to settle for a undisclosed ($1) amount), Gartner, Aberdeen, Yankee Consulting say Linux may infringe, etc.

    Full control (SCO owns Linux copyright) may be established by asserting Linux is a combination of public domain work (GPL stuff) and copyrighted SCO stuff. In other words, they want the courts to assign them OVERALL COPYRIGHT FOR LINUX. Their Legal complaint makes this 100% clear that this is their position:

    Paragraphs 77 to 81 of SCO's complaint describe their view of "General Public License" [sic]. In Paragraph 80, read their claims on GPL copyrights (they say there aren't any). Paragraph 77 (and their general claims overall) seek to thus establish Linux is a combination of public domain and nefariously obtained proprietary SCO IP. If the court accepts this line of reasoning, we are left with the situation, where SCO will be able to claim exclusive copyright on the overall work of Linux.

    1. Re:SCO's goal by etymxris · · Score: 1
      Full control (SCO owns Linux copyright) may be established by asserting Linux is a combination of public domain work (GPL stuff) and copyrighted SCO stuff. In other words, they want the courts to assign them OVERALL COPYRIGHT FOR LINUX.
      This didn't happen when BSD code was found in UNIX, and I seriously doubt it will fly now. Can you point to any examples where this has actually happened?
    2. Re:SCO's goal by hobsonchoice · · Score: 1

      It didn't happen because BSD was defended by a university's law team.

      Despite IBM's advocacy of Linux, the bottom line is a corporation, and their interest is in protecting IBM's shareholders investment. If SCO for example offer to settle with IBM for little or nothing, provided IBM accepts parts of SCO's complaint (paragraph 78 and 80), SCO effectively win against everybody except IBM.

      Even if SCO think it unlikely that their claims will fly, they are trying. From their complaint (emphasis added)

      78. The primary purpose of the GNU organization is to create free software based on valuable commercial software. The primary operating system advanced by GNU is Linux.

      80. Any software licensed under the GPL (including Linux) must, by its terms, not be held proprietary or confidential, and may not be claimed by any party as a trade secret or copyright property.

      Link is http://www.sco.com/scosource/complaint3.06.03.html

    3. Re:SCO's goal by etymxris · · Score: 4, Insightful

      I think you are underestimating IBM's interest in Linux. IBM is doing well largely due to Linux. What do customers want? Freedom from lockin. The only way to give that to them is by selling services around non-proprietary software. I don't think IBM would settle this for a dollar and let SCO take control of Linux. It doesn't make sense.

      Besides, I have never heard of any public domain, BSD, or GPL copyright being slurped up into a propriety product because of the proprietary product's "overriding interest", or what have you.

    4. Re:SCO's goal by Some+Bitch · · Score: 1
      The paragraph in question...
      80. Any software licensed under the GPL (including Linux) must, by its terms, not be held proprietary or confidential, and may not be claimed by any party as a trade secret or copyright property.

      Until they understand the GPL they won't get anywhere. Obviously nothing released under the GPL can be considered a trade secret but their mistake is the same one so many people make, the GPL in not an abbrogation of copyright, that stays with the original author until or unless they choose to reassign it.

      The GPL is written in plain English, only a lawyer could misunderstand it.

    5. Re:SCO's goal by R0 · · Score: 3, Interesting

      I think the GPL will stand up, but even if it didn't what effective control would SCO have over a public domain work + 80 lines of Sco code? Their arguments are so blatently warped that I don't think going to court was ever part of the plan.

    6. Re:SCO's goal by Platinum+Dragon · · Score: 1

      If SCO is trying to subvert the GPL with claims like those, they are screwed.

      78. The primary purpose of the GNU organization is to create free software based on valuable commercial software. The primary operating system advanced by GNU is Linux.

      Although RMS started GNU with the purpose of reimplementing Unix under a free license, I would argue it has gone beyond that. Otherwise, wtf is GNOME based on, or GNUsound, or gnuchess, or any number of other GNU programs?

      80. Any software licensed under the GPL (including Linux) must, by its terms, not be held proprietary or confidential, and may not be claimed by any party as a trade secret or copyright property.

      The last part of that claim is provably wrong. The GPL relies on copyright law to exist, and the author or copyright holder can relicense the code as he wishes. The Free Software Foundation holds copyright over numerous pieces of software under the GPL, and in fact encourages program authors who use the GPL to assign the FSF their copyrights for the purposes of defending the GPL, under copyright law.

      If I understand the GPL, the code can remain confidential if the resulting program will not be distributed to third parties.

      IBM will have a field day with these overpaid bullshit writers.

      --

      Someday, you're going to die. Get over it.
    7. Re:SCO's goal by RickHunter · · Score: 1

      Strange, isn't this just what Caldera always said they wanted? But they had no proprietary kernel to claim Linux stole source code from. Now they do, and they're trying to take control. Of course, their arguments are total vapor (witness how they keep changing their story about exactly what is infringing - from trademarks to copyrights to patents to copyrights to trade secrets to "unspecified IP"), but they're still trying. As they have been for years and years.

    8. Re:SCO's goal by Anonymous Coward · · Score: 0

      Consider this. SCO's goal is to control Linux. Let's assume that SCO were to be successful in this endeavour. What happens next? Microsoft would come in and buy SCO and eliminate Linux as a competitor. Not to spread FUD (I don't believe SCO would be successful), but that's the worse case scenario from all of this legal maneuvering.

    9. Re:SCO's goal by mandolin · · Score: 1
      Look IBM settled (they might, I bet they would if SCO offered to settle for a undisclosed ($1) amount)

      If I were IBM I wouldn't settle for a red cent, at least if I cared about my "linux on everything" business strategy. It gives SCO too much control and invites other lawsuits.

      IBM can afford this lawsuit, provided they didn't copy any significant code and provided they figure out what to do w/the threatened revocation of their Unix license in a few days.

    10. Re:SCO's goal by aallan · · Score: 1

      ...they want the courts to assign them OVERALL COPYRIGHT FOR LINUX.

      Okay, that is indeed the worst case scenario. In which case the entire community drops Linux and we all start using BSD, and SCO get left with nothing. What's the problem exactly?

      Al.
      --
      The Daily ACK - Eclectic posts by yet another hacker
    11. Re:SCO's goal by 73939133 · · Score: 1

      Full control (SCO owns Linux copyright) may be established by asserting Linux is a combination of public domain work (GPL stuff) and copyrighted SCO stuff.

      The GPL doesn't allow this. If there is copyrighted or patented SCO stuff in the Linux kernel, then the entire kernel can't be redistributed until that code is removed or until SCO puts it under the GPL.

      That provision is in there to prevent exactly this kind of powergrab. Theoretically, SCO could kill Linux, but they can't make it proprietary, at least as long as the GPL and copyrights hold up.

    12. Re:SCO's goal by okeby235 · · Score: 1

      IBM will not settle for an undisclosed amount and risk Linux still looking bad becuase they *need* linux. It is important to their future business and that is why they have been sinking so much damn money into it!

      Why would they reach a settlment where one of the (possibly) most important parts of their business still looks threatened?

    13. Re:SCO's goal by deblau · · Score: 1
      Claim 80 is flat wrong. I quote (from the parent link):
      80. Any software licensed under the GPL (including Linux) must, by its terms, not be held proprietary or confidential, and may not be claimed by any party as a trade secret or copyright property.
      The GPL explicitly states that it is a license built upon the back of copyright. The relevant details can be found here. One particularly damning clause:
      5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
      Each creater of a work must decide the conditions under which others may copy the work. For some people, the GPL provides those conditions. Importantly, for those who choose it, the GPL enumerates the exclusive rights (via the words "nothing else" in the second sentence) to copy a protected work, under certain conditions, given by the legal copyright holder. The "prohibitive law" referred to above is actually copyright law.
      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    14. Re:SCO's goal by no+reason+to+be+here · · Score: 1

      That's the parents's point, though. SCO are going to try to fool a judge into ruiling that GPL = public domain. We know it doesn't, but if it is ruled that legally it is PD, then SCO can take control of the code, since the GPL no longer has the power of copyright to back it up. Of course, anyone with half a brain will see the GPL as PD argument as BS, and will judge accordingly.

    15. Re:SCO's goal by Anonymous Coward · · Score: 0

      You might very well be right.
      Whether or not they can pull it off, they have no long-term future.
      The mistake they make is in misunderstanding what Linux is and why it is so popular. It's not so much that it's Linux as it is that it's open and free. Take away our Linux (inconceivable as it is), and we'll just switch to one of the BSD's or other free OS's.
      If they did manage to hijack Linux, they'd better make enough money off it to hire LOTS of bodyguards, because everyone knows who these monkeys are and they won't be safe anywhere!

  51. The problem here is... by Gerad · · Score: 4, Interesting

    SCO owns all of their own product, so they can claim standing when you they sue. The copyright to the Linux kernel, AFAIK, is owned by a large number of people. While Linus may have written the core of it, there have been a large number of contributors. In order to sue someone, you must prove that YOU were wronged by that person (there are rare exceptions, like parents suing on behalf of their children). Without knowing with piece of code was copied, there is no way to prove you have standing.

    Does anyone out there know any ways around this? I would love to be corrected, because as things stand, this just looks like another case of the big guy using the legal system to screw over the little guy =(

    --
    Be the Ultimate Ninja! Play Billy Vs. SNAKEMAN today!
    1. Re:The problem here is... by Jaywalk · · Score: 4, Insightful
      In order to sue someone, you must prove that YOU were wronged by that person . . . Does anyone out there know any ways around this?
      IANAL, but I think IBM has the best bet. You can bet they're looking the whole thing over very carefully for any hint of a countersuit. SCO says IBM's backing of Linux undermines their UNIX. Maybe IBM can counter that the lawsuit is baseless and undermines IBM's Linux business, or that the charges amount to libel. Once SCO's code is opened, maybe some AIX code wandered into SCO UNIX.

      Maybe someone else has standing as well (were those intimidation letters legal?) but I suspect the interesting stuff won't happen until IBM's lawyers start speaking up. They're suspiciously quiet at the moment.

      --
      ===== Murphy's Law is recursive. =====
    2. Re:The problem here is... by andrewski · · Score: 1

      I'm hoping that the SCO cruft has all been removed from the development branch of the kernel, and that the kernel dev team is working overtime to check the versioning software to erase any SCO droppings left over!

      Probably not, but they should.

    3. Re:The problem here is... by John+Hasler · · Score: 1

      > Does anyone out there know any ways around this?

      There's nothing to get around. The copyright on each patch is owned by its author, who has full standing to sue. Any portions which are joint works are jointly owned by all the authors, each of who has standing to sue independently of the others.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    4. Re:The problem here is... by cyt0plas · · Score: 1

      This actually isn't necessarily as hard as it sounds. Find the offending bytecode (as in, compare the compiled apps if the source is not available to both, and compare). This is a pain, and the effectiveness depends on how well the stolen source was masked, but it can be very _very_ effective. Find it, then have the author transfer the copyright to a nice big company. :) If this sort of comparison weren't possible, the GPL would be largely unenforcable.

      --
      Contact Me (got tired of viruses emailing me).
    5. Re:The problem here is... by cant_get_a_good_nick · · Score: 1

      I don't think what you suggest will work. Different compilers would throw out different code depending on the optimizer in the compiler and compile flags.

      Also you don't need the grep in your sig. awk does pattern matching.

      kill -HUP `ps -ef | awk '/Saddam Hussein/{print $2}'`

      this one won't spit errors if it doesn't match any processes.
      ps -ef | awk '/Saddam Hussein/{print "kill -HUP", $2}' | sh

    6. Re:The problem here is... by cyt0plas · · Score: 1

      Note to moderators, go ahead and -1 offtopic me, I have karma to burn.

      I haven't done much with shell scripts, and never bothered to learn awk. It works, and that's fine for me.

      --
      Contact Me (got tired of viruses emailing me).
  52. Re:The three axis of evil: SCO, SCO & SCO by Anonymous Coward · · Score: 2, Funny

    Microsoft
    SCO
    RIAA/MPAA
    Mike


    That's four

  53. GPL by sparkz · · Score: 2, Informative
    That could violate the conditions of the GNU GPL, which states that any amendments to open-source code used in a commercial product must be given back to the community or a copyright notice must be displayed attributable to Linux, he said.

    Err... hello? If you distribute it (SCO did) it must be given back; I can't find anything in the GPL which mentions a copyright notice as an alternative.

    --
    Author, Shell Scripting : Expert Re
    1. Re:GPL by autocracy · · Score: 1

      No... a copyright notice is not an alternative, but it is something that needs to be included also. GPL code is still copywrited.

      --
      SIG: HUP
    2. Re:GPL by sparkz · · Score: 1
      1) Read up on the word "or" 2) GPL code is indeed copyrighted (note the spelling), but there is nothing in the GPL which requires that otherwise violating (ie, not distributing the source) binaries must acknowldge the copyright - indeed, even GPL compliant binaries are not required to acknowledge their source, even if they are accompanied with the source, or an offer of the source.

      Any further comments only from people who have actually read the GPL, please.

      --
      Author, Shell Scripting : Expert Re
  54. Poster, please RTFA. by koko775 · · Score: 2, Insightful

    >A source close to SCO, who spoke on condition of anonymity, told eWEEK that parts of the Linux kernel code were copied into the Unix System V source tree by former or current SCO employees.

    Someone outside, but _potentially_ credible said they copied. Not an employee. This is only a _possibility_. Perhaps the source assumed too much or maybe I'm wrong.

    1. Re:Poster, please RTFA. by Narcissus · · Score: 1

      Possibly that source close to SCO was an ex-employee or a contracter. Just because someone can only say they are close to someone else, doesn't mean that they were never closer...

      Let's face it: if I were an ex-employee, I could be a source close to SCO, and I could say that former or current SCO employees had copied code from Linux into System V, knowing full well it was me that did it.

      Now there's a reason to try and remove yourself from the situation a bit, especially if someone within the company knew that you were doing it, too.

    2. Re:Poster, please RTFA. by koko775 · · Score: 1

      but the poster didn't know that. My point is that he wouldn't know, even if that source IS inside, therefore he should not say it's someone inside. He's not sure.

  55. Re:The three axis of evil: SCO, SCO & SCO by Anonymous Coward · · Score: 0

    sucks to be him... he just accidently became the 4th axis of evil. I hate it when that happens.

  56. Re:The three axis of evil: SCO, SCO & SCO by Daniel+Phillips · · Score: 1

    more correctly at slashdot it's:

    Microsoft
    SCO
    RIAA/MPAA


    You forgot Adobe and Unisys.

    --
    Have you got your LWN subscription yet?
  57. You mean SCOicide by EmbeddedJanitor · · Score: 5, Funny
    Just like M$ antitrust brought you Seattlement, time for some new words:

    SCOicide: to kill yourself the SCO way.

    SCue: to sue people to your own detrement.

    SCOurce code: invisible, yet high value code that does not exist in any physical form. Beyond quantum code.

    --
    Engineering is the art of compromise.
    1. Re:You mean SCOicide by BurritoWarrior · · Score: 1

      WMSD = Weapons of Mass Self-Destruction

  58. Proving the code by Tony · · Score: 2, Insightful

    The way to prove the code?

    Compile it.

    SCO *has* shown something to the public, to whit: binaries. Compile the original programs that contain suspected infringing code, compare it against the binaries they shipped, and if the match, the are able to place their code in time.

    CVS logs can be altered. The code that is compiled cannot, nor can they change the binaries that have already shipped.

    It's easy, it's fast, and it is accurate.

    That should place the SCO code in time within about a six-month period. If the Linux code pre-dates this period by a significant amount, the infringing code came from the Linux kernel, and SCO is a smoking crater.

    If the Linux code came later, then it is IBM who is curb-stomped, followed by a full-frontal assault on Linux itself.

    --
    Microsoft is to software what Budweiser is to beer.
    1. Re:Proving the code by Nucleon500 · · Score: 1

      That's a good idea, but every compiler is different. You'd have to somehow compile the code (it would need to be revealed first) on SCO's compiler with their options. I suppose it might be possible, but it'd be very difficult.

    2. Re:Proving the code by Anonymous Coward · · Score: 0

      I'm not exactly sure what you mean, but ... Even different sources can be compiled to identical binaries - it all depends on the compiler.

      And two, completely different, developers can actually write exactly the same code.

      for(i = 0; i != 100; i++) // loop until i != 100

      Pretty lame comment, but when you measure effeciency (and paycheck) in lines of code you get very sterotyope developers.

      If I looked hard around the world I would probably find someone that have written exactly the same lines of code.

      You can't insert anything into the Linux revisions since it's been more or less public from the beginning but you can change the SCO code since (I guess) very few people have had access to the code.

      But why don't the author of this code, Linux or SCO, step forward? A couple of crap lines that no one can even remember they've written?

    3. Re: Proving the code by seva · · Score: 2, Interesting

      You are kidding, right?

      Depening on compiler used and optimizations used binaries are quite unlikely to be comparable, consider this:

      $ cat test.c
      int main(){
      int i = 0;
      int j = 0;

      for(i=0; i<765; i++)
      {
      j *= i;
      }

      return(0);
      }

      $ gcc -o test test.c

      $ gcc -o test1 -O test.c

      $ gcc -o test2 -O2 test.c

      $ ls -l test test1 test2
      -rwxr-xr-x 1 seva seva 13457 Jun 10 19:54 test
      -rwxr-xr-x 1 seva seva 13409 Jun 10 19:54 test1
      -rwxr-xr-x 1 seva seva 13393 Jun 10 19:54 test2

      So, unless you know the exact compiler version and optimization options used, this is not useful. /Seva

    4. Re:Proving the code by loony · · Score: 1

      Its easy, its clean - its also impossible... different compiler versions and options would make it impossible for anyone to say for sure where the code is... A single simple flag or compiler patch might change just a couple of bytes but it would be enough to throw off a diff as you suggested.

      Sorry.

    5. Re:Proving the code by mardoen · · Score: 1
      > It's easy, it's fast, and it is accurate.

      If you were suggesting a comparison of the compiled bytes (as opposed to the generated program structure), the above statement is totally untrue. Compiled code looks different when different compilers or compiler options are chosen; these affect code/data alignment, even the actual opcodes used. Compiler optimizations can also change a program's structure in ways that make comparisons near impossible. The huge number of possible generated variations thus renders such a comparison impractible.

    6. Re:Proving the code by isn't+my+name · · Score: 3, Informative

      Of course, make sure you are using the same patched compiler that was used to make the original binaries, as well as the same compiler switches/optimisations. Ditto for all the libraries.

      Seems to me that even compiling it to prove the binaries are identical will be difficult, whether you are compiling SCO or Linux code.

    7. Re:Proving the code by Maserati · · Score: 1

      The compiler settings can be recovered by brute force, but you can probably find at least some clues and shortcuts.

      You can always compare the newly compiled binaries to what went out on CD. It would be possible to write a program to repeatedly compile the code in question with different options and flags until it hits on the exact binary that was shipped. Then try it on the whole thing. By process of elimination, you can eventually derive the exact sequence of the compilation.

      Assuming of course that you can't find so much as an email discussion about the process. Ask the person who did it. Dust off old tapes of the build system. For that matter some combinations of settings can be ruled out by expert analysis. There are many ways to reduce the size of the problem domain.

      --
      Veteran, Bermuda Triangle Expeditionary Force, 1992-1951
    8. Re:Proving the code by Hangtime · · Score: 1

      Good idea but not real reliable as others in this thread have shown. What you MUST do is slap an injunction on any movement of their offsite backup tapes. I GUARANTEE you that those trees were being backed up and sent off site every month. What you must do is insure that no one from SCO can change those tapes because that is the only way to establishing dates of both sets of code.

    9. Re:Proving the code by router · · Score: 2

      No, all you can prove with that analysis is that the code in SCO Unix predates Linux. To "curb-stomp" IBM, you have to prove a custody chain that includes SCO giving IBM the code before its appearance in Linux, and then for extra points show that the path that the code took to make it into linux branches from this exchange to IBM. For example:

      Assume that there is SCO code in the Linux kernel.
      If the SCO code makes an appearance in Linux prior to IBM receiving the code from SCO, all you have proven is that someone else put it there. So copyright infringement does not necessarily give you a case against IBM.

      And that of course makes the big assumption that SCO didn't just copy the code out of Linux, since that is the flow that makes sense. And it will take just one former developer from SCO who saw SCO copy the code from Linux into SCO, figuring "nobody would notice" and "it doesn't hurt anybody anyway" to now come forward and SCO disappears, forever.

      Seems a strange way to attempt to increase shareholder value, to flip a fucking coin. I smell a shareholder lawsuit coming against the corporate officers when this finally shakes down. Can you sue lawyers who knowingly commit bad law? If so, that law firm could be hurt, especially if they conspired to do bad law. That would be fun, IBM could sue Boies over SCO and not even have to admit that they really hate him because Mickeysoft got away with being a super-capitalist (in the 1970's Chinese sense).

      andy

      PS If you can, might be a good idea to buy a fsckload of SCO stock, so that you have a substantial chip in the game when the implosion starts. Anybody know what kind of cars these guys drive? Maybe one of em snuck a 959 or an ST205 in. I would settle for that.

    10. Re:Proving the code by Anonymous Coward · · Score: 0

      Compiling the source into an identical binary is not even a perfect proof, as Ken Thompson's cc hack desctibed in Reflections on Trusting Trust shows.

    11. Re:Proving the code by Anonymous Coward · · Score: 0

      Sorry, doesn't work like that. Unless compiled with the same compiler with all the same settings etc etc etc you cannot be guaranteed that the two will match even from the same code.

    12. Re:Proving the code by Anonymous Coward · · Score: 0

      >Maybe one of em snuck a 959

      Bill Gates supposedly has one sitting in a customs warehouse somewhere. Maybe you can go after him?

    13. Re:Proving the code by Anonymous Coward · · Score: 0
    14. Re: Proving the code by tyrann98 · · Score: 1

      The Sigma Designs versus XVID GPL conflict was proved using comparisons between binaries of their MPEG4 codec. The offending code in Sigma Design's copied entire functions and the XVID team was still able to show pages after pages of exact binary matches between parts of the code. Comparing UnixWare binaries and Linux binaries will be extremely tough but possible even with slightly different compiler settings.

      Here's a link

      http://slashdot.org/articles/02/08/22/193237.sht ml ?tid=117

    15. Re:Proving the code by warrax_666 · · Score: 1
      It would be possible to write a program to repeatedly compile the code in question with different options and flags until it hits on the exact binary that was shipped.
      Theoretically possible, but NOT practical. Are you aware how many options typical compilers have? Gcc has at least 100 options. That's a LOT of possible combinations.
      --
      HAND.
    16. Re:Proving the code by ssbljk · · Score: 0

      seems that you have too much free time

      --
      /ss
    17. Re: Proving the code by Anonymous Coward · · Score: 0
      You're using Red Hat 7.3 aren't you?

      Here's what I get from my Slackware 9.0 box:

      $ ls -l test test1 test2
      -rwxr-xr-x 1 redbeard users 11007 Jun 11 04:46 test*
      -rwxr-xr-x 1 redbeard users 10967 Jun 11 04:46 test1*
      -rwxr-xr-x 1 redbeard users 10959 Jun 11 04:46 test2*

      My Red Hat 7.3 box gave me *exactly* the same file sizes as your results.

      I have gcc 3.2.2 on the slackware box, and Red Hat responds to "gcc -v" with "gcc version 2.96 20000731 (Red Hat Linux 7.3 2.96-113)"

      BTW, when is Red Hat going to stop shipping a bastardized copy of an unsupported development version of gcc? (see this page for details)

    18. Re:Proving the code by Maserati · · Score: 1

      Like I said, narrow it down some, then throw some big iron at it. Like a Beowulf clustor of something. Preferrably something identical to the hardware originally used for the compilation youre' trying to recreate.

      There's a billion dollar lawsuit on the table. If SCO manages to kill every developer involved and destroy all backups of the build system, IBM can still recreate the compilation for less than what SCO sued them for. And probably less than what they'd settle for.

      --
      Veteran, Bermuda Triangle Expeditionary Force, 1992-1951
  59. The linked article is misleading by Mensa+Babe · · Score: 4, Insightful

    "Did SCO Violate the GPL?"

    No. If they had published Linux code as proprietary software, they have violated the copyright law.

    --
    Karma: Positive (probably because of superiour intellect)
  60. As a Slug, I'm just glad... by Atario · · Score: 1

    ...that everyone calls them "SCO" and not by their full, expanded name. That way, a fine town and school doesn't get dragged down into hell with them in people's minds.

    (Go Slugs!)

    --
    "A great democracy must be progressive or it will soon cease to be a great democracy." --Theodore Roosevelt
    1. Re:As a Slug, I'm just glad... by Anonymous Coward · · Score: 0

      It's not their full name now, anyway. The full name is now "The SCO Group". The Santa Cruz Operation is no more.

    2. Re:As a Slug, I'm just glad... by Anonymous Coward · · Score: 0

      Actually, The Santa Cruz Operation was one of the reasons why UCSC was on my top 5 list of colleges to attend. Sadly, it was my freshman year that such a wonderful company became merely the SCO division of Novell and moved to Utah.

      The upshot was that Santa Cruz is a terrific place to live and UCSC is an amazing school to attend!

  61. Who is SCO's secret licensee, anyway? by Anonymous Coward · · Score: 0

    My worst conspiracy guess would
    that it is Sun Microsystems. They
    have a whole lot to loose to Linux,
    and not much to gain. And the
    reason for all the secrecy is to
    obviously not make all of their
    customers, or potential customers
    angry.

    1. Re:Who is SCO's secret licensee, anyway? by andrewski · · Score: 1

      Duh, it is Microsoft. Who knows how much treasure in 'licencing fees' they have paid SCO to put in the war chest? The silly thing is that this sort of crap would be legally binding for business and individulas around the world, ESPECIALLY the EU, because they were stupid enough to 'normalize' a bunch of copyright and trademark laws through treaty with the US.

      I guess other countries already know what it means to treat with the US by now, though.

  62. use BSD by SHEENmaster · · Score: 1

    It is just free.

    Anyways, there is a big difference between SCO attacking the work of volunteers and those volunteers wanting to strike back. I'm sure those college students out of their life savings would apreciate a good RIAA driveby...

    Disclaimer: I am in no way calling /. to arms against SCO and the RIAA, despit what those jerks deserve.

    --
    You can't judge a book by the way it wears its hair.
    1. Re:use BSD by GigsVT · · Score: 1

      Nothing prevents BSD code from coming under the same sort of lawsuit.

      In fact, it really has nothing to do with license at all, it's just easier to pick on open source because you can look through the code for sections that are similar enough to your code to make accusations based on.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:use BSD by rifter · · Score: 1

      Except that the lawsuit against BSD already happened and BSD won because the UNIX programmers had stolen their code, not the other way round. This article proposes that there are SCO programmers who might testify the same is true here.

    3. Re:use BSD by GigsVT · · Score: 2

      IIRC, it was settled, not won. And the settlement included removing parts of the BSD.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    4. Re:use BSD by Compenguin · · Score: 1

      The way I heard it was that the problem in the BSD was that the copying went both ways, Berkley agreed to remove a group of files of thier choice. They chose crufty old stuff scheduled for a rewrite anyway. The rest of the BSD tree was BSD'd and the Unix owner got to keep their Berkley code.

  63. reminds me of a story by Reminiscent+Troll · · Score: 4, Funny

    Sometime late last fall I received a call from a local business. They had a Unix box that was on the fritz, but unfortunately only had MCSE's on their support staff.

    After meeting up with my contact at the site, I tried to get a little more information about what kind of problem it was having. As we walked to the elevators he explained that no one really knew exactly what the box did, or if it was even in use anymore, but it was obvious that the machine was rebooting itself for no apparent reason.

    We got out of the elevator at the basement level of the building. The server was sitting alone in a damp room with a concrete floor and concrete walls. I was already pretty sure it was going to be a hardware problem, since Unix boxes don't tend to reboot for absolutely no reason. I pointed out that the damp environment was undoubtedly bad for the machine.

    He said, "The honest truth is, no one wants anything to do with this box. It's sitting down here because we're out of space in our server room, and the only guy that knew anything about this box quit three years ago, so we don't even know if it's doing anything useful." With that he turned and left me to figure out the problem.

    The machine was plugged in, the power switch was on, but the console was blank and mashing on the keyboard didn't seem to have any affect.

    As I was unscrewing the side panel from the case I started to notice that there was a really rank stench in the room. When I first entered the room I figured it was just mildew from the dampness or something, but it was really strong now. I really just wanted to get out of that dimly lit room and out into the sunlight and fresh air.

    It was hard to see anything in the case, so I fumbled around inside it with my hands making sure all the internal cables were securely attached to their respective components. Suddenly I felt something squishy and slimy on my hand and jerked it out of the box.

    At that instant the machine came on and began to POST. As the memory counted up, I turned the box so I could see into it by the light of the screen. Now I could see the cause of the problem. A rat had crawled into the case via an open drive bay and made a nest near one of the power supplies. She and several hairless newborns had died in there a week or two previous, and I had just stuck my hand in the middle of it all.

    As I was wiping my hands off on my pants, I noticed the machine had finished booting. I was like "Ugh, gross! This thing is running SCO Unix!"

    Needless to say, I marched right up to the IT offices and told them that the machine was undoubtedly no longer relevant to their business and that they should just throw the whole mess in the dumpster.

    --

    ---
    Raising the bar on Slashdot trolling since 2003

    1. Re:reminds me of a story by Anonymous Coward · · Score: 0

      This was a GREAT TROLL!

    2. Re:reminds me of a story by magi · · Score: 1

      Speaking of rats, I'm always glad to have an opportunity to present these pictures of
      pet rat mayhem; here he's posing in the computer.

  64. YOU HAVE IT BACKWARDS! by goombah99 · · Score: 0, Interesting
    Sheesh did anyone read the article? If anything its more evidence AGAINST linux. GOT THAT! its more evidence that linux copied from SCO and not that SCO polluted its source with LINUX.

    There are two salient facts in the article.

    first the SCO engineers were not re-writing the SCO linux kernel they were simply writing stubs and wrappers for the SCO kernel to make an API (if you will) that looked like Linux on the outside and was actually calling SCO unix routines. they were NOT changing the SCO unix routines or making SCO kernel more linux like. they just wanted to allow Linux application to be able to execute in a Linux Personality Module layer that made SCO look like linux without having to change the SCO kernel

    Second, in the process of doing this they noticed that many of the linux routines were identical to their SCO counterparts even down to the variable names!!. At the time the engineers thought this was dandy since it meant the the layer could just call the analogous SCO routine without any modification. I guess it took a while for it to dawn on someone that this also suggests that Linux may have been copied from SCO's kernel. (or mutually from a third source).

    But the point is they were seeing identical code in linux and the activity they were conducting would not have lead to putting linux code into the sco kernel. This is bad for linux.

    And since they were not making changes to the linux kernel --they were just making a layer that emulated it on top of the sco kernel-- they did not violate the GPL. there is nothing that needed to release nor any copy rights they needed to cite.

    the ONLY thing one might think here that is at all suscpiscios is as a result of this excersize the SCO enegnieers became really familiar with linux routines at a high level of detail. but this is not a crime and does not suggest they copied from it. their observation of the similarity and the purpose of the project suggests the opposit infact. sounds bad for linux.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:YOU HAVE IT BACKWARDS! by Anonymous Coward · · Score: 1

      That still doesn't prove where the supposed identical code came from first. Someone could have copied it from linux years ago into SCO's kernel and then another developer noticed the similiarities recently and reported it to his superiors. In other words it proves/disproves nothing. All of this is speculation/rumor anyway until the evidence is presented in a court of law.

    2. Re:YOU HAVE IT BACKWARDS! by etymxris · · Score: 1

      It seems fishy. They were writing SCO code while having the Linux code in front of them. That is a big No-No if you want to avoid violating the GPL.

      I imagine most of the system calls were pretty basic stuff, stuff that has probably been in BSD since early 90's. Note that FreeBSD also has a pretty happenin' Linux compatibility layer. Has anyone ever compared FreeBSD to Linux? I imagine Linux borrowed a bit from FreeBSD, especially for the basic calls that.

    3. Re:YOU HAVE IT BACKWARDS! by Zach+Fine · · Score: 5, Informative
      I'm glad you are encouraging people to read the article before posting, but I think YOU have it backwards. The article I read stated that the SCO engineers were implementing a layer that would interpret Linux system calls so that SCO's Unix implementation could run Linux binaries. The anonymous source quoted in the article was one of the engineers assisting on this project, and s/he was surprised by how similar the "new" SCO code was to the pre-existing Linux code.

      The SCO code in question was in the process of being written and could not yet have been copied into the Linux kernel unless someone on the Linux team had a time machine. I repeat, the article is about a SCO engineer encountering supposedly NEW SCO code that appeared to have been cribbed from already existing Linux code.

      Please re-read the following quote from the article and evaluate how it fits with your interpretation of the article:

      A source close to SCO, who spoke on condition of anonymity, told eWEEK that parts of the Linux kernel code were copied into the Unix System V source tree by former or current SCO employees.

      This is not about old SCO code finding its way into Linux, this is about supposedly new SCO code written to implement Linux kernel functions that looked suspiciously like code taken straight out of existing versions of Linux.

    4. Re:YOU HAVE IT BACKWARDS! by goombah99 · · Score: 1
      They were writing SCO code while having the Linux code in front of them. That is a big No-No if you want to avoid violating the GPL.

      Fishy, maybe, butI dont think its an unethical practice. Its considered fair for anyone to call GPL programs and routines from other programs. It's basically neccessary to actually read the GPL source when doing this since none of it is documented well enough.

      The SCO folks were not even trying to call the GPL code, just figure out how to emulate it with their existing code.

      Of course if they could not find a way to emulate some functionality they would have had to add it to the compatibility layer, and maybe they could have been tempeted to use the Linux source for that function. That might be violation true. But even here this would not be putting source into the SCO unix, just into the compatibility layer.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    5. Re:YOU HAVE IT BACKWARDS! by etymxris · · Score: 1
      It's basically neccessary to actually read the GPL source when doing this since none of it is documented well enough.
      Why should they get that benefit? WINE certainly doesn't get that benefit, except for header files. And "needing to read it to reverse engineer it" isn't going to sit well with a judge.
      maybe they could have been tempeted to use the Linux source for that function
      Indeed. From the article:
      "These system call implementations had to be quite compatible with the behavior of the real Linux kernel, otherwise Linux applications would not work on SCO Unix. It is quite obvious to argue that in order to get these right, Linux kernel code had to be studied and possibly copied into the SCO Unix kernel to implement the Linux Kernel Personality. How else would you get the Java Hotspot VM or the X-window server (Linux binaries) to work on SCO Unix?" the source questioned.
    6. Re:YOU HAVE IT BACKWARDS! by DShard · · Score: 1

      If the kernel contains this "Compatibility Layer" then it does violate the GPL. It isn't fishy to hold the GPL source next to the compatibilty layer, it would be violating copyright. I don't see anywhere in the GPL that states you may use the source to add functionality to a closed source. In fact I seem to recall that it is VIRAL in that manner. SCO is not owed the right to make a clone or compatibility layer. GPL is owed the right to have any software based off of it to be GPLed as well. The burden of proof would then be on them to prove that they did not use GPLed code to run GPL code.

    7. Re:YOU HAVE IT BACKWARDS! by geekee · · Score: 1

      Right on. It looks like the "reporter" took the quotes out of context and spun the story so hard, he turned it around 180 deg. :-)

      --
      Vote for Pedro
    8. Re:YOU HAVE IT BACKWARDS! by Anonymous Coward · · Score: 0

      well he's got the mod 5 already.

      that's the highest score for another guy who didn't ITFA (interpret the fucking article).

      this is a joke.

      it's quite clear that the *implication* is that sco engineers working recently, thought that sco might have stolen code from linux, in the past.

    9. Re:YOU HAVE IT BACKWARDS! by Anonymous Coward · · Score: 0

      I think it's perfectly legit, as long as they reimplemented everything themselves.

      You can look at GPL code, learn from it, whatever you want. Whatever you write yourself is yours to license however you want. It's only when you use someone else's code that their license applies.

      We'd like to think that everyone who benefits from Open/Free code will contribute back, but most businesses aren't going to give up their main products. At least they're creating compatibilities, instead of creating incompatibilities like some other software vendors.

      We need to be consistent here, guys. Half the people on this forum say it's OK to copy music for free because they overcharge for it, but now it's not OK to learn from GPL code unless anything you write from then on is GPL?

    10. Re:YOU HAVE IT BACKWARDS! by donnz · · Score: 0

      Ok, so how, in the interest of accuracy, do we get this mod'ed up to 5 and the parent to -1 troll...

      --
      -- Free software on every PC on every desk
    11. Re:YOU HAVE IT BACKWARDS! by stor · · Score: 1

      Man, that must be some awesome crack you have to interpret the article that way.

      I'd suggest you read it again.

      Cheers
      Stor

      --
      "Yeah well there's a lot of stuff that should be, but isn't"
    12. Re:YOU HAVE IT BACKWARDS! by etymxris · · Score: 0

      No, I believe you have it wrong. This engineer had the task of making a compatibility layer between Linux and SCO. Many of the functions in the compatibility layer were "one-liners". That means that they just passed through the call to the SCO function, which operated in an exact manner.

      Now, the engineer could have interpreted the similarities between SCO code and Linux code to be the result of previous copying by SCO from Linux, but this seems unlikely. The calls existed in SCO first, and SCO existed before Linux. Furthermore, it is unlikely that SCO changed the function calls much since their inception, because that would break backwards compatibility.

      On the other hand, this same argument makes it unlikely that the code got from SCO into Linux. Unless someone was copying code into Linux from the very beginning, the system calls would have originally been written without SCO code. And again, to preserve backwards compatibility (as much as Linux does), it would have been unwise to take a totally different version from another operating system.

      What is most likely is that most sets of API implementations have a common anscestor--BSD. The system calls actually do not change much, and if I am reasoning correctly, are not as likely to differ between operating systems. This means they could easily be taken from BSD into Linux. I haven't undertaken the actual verification of this, but Linus himself says that much of Linux comes from BSD.

      The reason I don't think the system calls usually differ is this. The more complicated parts of the kernel, such as virtual memory management and task scheduling, are actually not exposed via the API. As such, these architectural pieces of code would not be necessary to reimplement for the system calls.

    13. Re:YOU HAVE IT BACKWARDS! by sparkz · · Score: 1
      The article says nothing (and everything) you are both claiming - it just says that the (anonymous, therefore worthless anyway) source saw 1:1 links between SCO and Linux source, when working on the LKP layer. The source didn't appear to have any background with SCO or Linux, and certainly doesn't make any claims that either party had that source first.

      IF (and it's a big if) other UNIX licensees (HP, Sun, or even IBM!) can find the same, then it's basically a coincidence, or BSD code (look at the history). If it's code which SCO have "written" more recently, then it's down to the changelogs... which all boils down to: this changes nothing.

      MOVE ALONG. NOTHING TO SEE HERE.

      Slashdot just desperate for news. Until a court gets the source, changelogs, and verified dates and submitters, we know nothing.
      Some useless comments from an anonymous source mean less than nothing.

      --
      Author, Shell Scripting : Expert Re
    14. Re:YOU HAVE IT BACKWARDS! by Anonymous Coward · · Score: 0

      Give it up, you're wrong and what's worse, you're refusing to admit you're wrong when people have highlighted and underlined the flaws in your argument for you. You do realize you're making contradicting points right? I wish you where the judge in the SCO vs. IBM case because by your reasoning, even if IBM did copy some SCO code into Linux, it can't be a big deal since SCO copying code from Linux is also not a big deal. Now be a man, suck it up, admit your argument was off base, and move on.

    15. Re:YOU HAVE IT BACKWARDS! by Redman · · Score: 1

      There were facts in the article. I don't recall seeing any facts. Conjecture, rumor, hearsay, yes. Cold hard facts? No.

    16. Re:YOU HAVE IT BACKWARDS! by Anonymous Coward · · Score: 0

      Wow! This is priceless.

      Did you read the article? To wit:

      "But Blake Stowell, a spokesman for SCO, told eWEEK on Tuesday that while the LKP used some open-source components, this did not constitute open sourcing that product. "That is a false notion."

      Sure, and pigs can fly.

      Furthermore, my understanding is that LKP is binary compatible not just source call compatible with Linux. That is Linux binaries can run on top of LKP without recompilation. This isn't an easy thing to do, just ask the Wine group.

      Lastly it is clear that they at least read the Linux kernel code to implement LKP and there is no indication that they used clean room techniques to seperate the LKP developers from those who read the Linux kernel code. It is highly suspect that the spokesman did not outright state that this is what they did as leaving such a statement out leaves only the obvious conclusion that they didn't. Thus denials that they didn't incorporate Linux kernel code in to LKP is highly suspect.

      On a final note it is not at all odd that there is code in both that is the same right down to variable names as they have BSD code as an ancestor.

      It is far more likely that SCO/Caldera added Linux code to SCO than vice-versa as Linux is in the open for all to see and SCO is hidden.

    17. Re:YOU HAVE IT BACKWARDS! by Anonymous Coward · · Score: 1, Informative

      Umm, in a word NO. You can call GPL programs e.g. gzip for instance through a system() like call but you can not call GPL routines, linked to your source without releasing that source as a GPL program. You can link LGPL code to your source but that's not what you said.

      Furthermore, reading the code while "reimplementing" it is strickly a no-no as far as getting anyone to believe you didn't use it in your program. In fact IBM, the subject of SCO's stupidity, is very strict in this regard. Something that it is obvious that SCO isn't!

    18. Re:YOU HAVE IT BACKWARDS! by Anonymous Coward · · Score: 0
      by goombah99 (560566) on Tuesday June 10, @09:04PM (#6166949)
      They were writing SCO code while having the Linux code in front of them. That is a big No-No if you want to avoid violating the GPL.


      Fishy, maybe, butI dont think its an unethical practice. Its considered fair for anyone to call GPL programs and routines from other programs. It's basically neccessary to actually read the GPL source when doing this since none of it is documented well enough.

      The SCO folks were not even trying to call the GPL code, just figure out how to emulate it with their existing code.

      Of course if they could not find a way to emulate some functionality they would have had to add it to the compatibility layer, and maybe they could have been tempeted to use the Linux source for that function. That might be violation true. But even here this would not be putting source into the SCO unix, just into the compatibility layer


      The problem with this is that SCO is sueing IBM, and threatening lawsuits agiainst Linux users and Companies alleging that IBM did what just what was called "fishy, maybe, but [not unethical]." So I guess it comes down to "we can do this with open source, but we will sue you if you do it with our source"

      Sure puts things in perspective.
    19. Re:YOU HAVE IT BACKWARDS! by arkanes · · Score: 1

      This is actually the subject of some debate. The official EFF position agrees with you, many other don't - it hinges on what copyright law considers a "derived work" and how substantial the inclusion of header files and linker symbols are. Then theres an issue with static vrs dynamic linking vrs runtime loading. On the other hand, in todays court climate, probably even having heard about the original source makes yours derived.

    20. Re:YOU HAVE IT BACKWARDS! by kasperd · · Score: 1

      On the other hand, in todays court climate, probably even having heard about the original source makes yours derived.

      Hey, I'm pretty sure SCO and M$ have heard about Linux. Don't you think so too?

      --

      Do you care about the security of your wireless mouse?
    21. Re:YOU HAVE IT BACKWARDS! by MntlChaos · · Score: 1

      So I can read a book and then write another one with the same exact plot (read emulation of functions) as long as it has different actual words, when some of the characters might be the same (read some of the variable names matched).

  65. Your Completely Correct by Anonymous Coward · · Score: 0

    When SCO allege stolen code etc etc in Linux, we all say no way, produce proof. The tone of the submission is that SCO have to also prove that they didn't copy linux's code, whereas it really should be the "insider" producing proof before we take it seriously.

  66. IMPOSSIBLE! by Billly+Gates · · Score: 1
    According to Steve Balmer proprietary code does not have any IP issues unlike opensource. Just ask any Microsoft salesmen or any PHB?

    Come on you guys? We all know that those 80 lines of code represent the vast majority of the kernel because Bios declared Linux as a bicycle without it!

    Anything else is impossible and would bring communism and our whole American way of life otherwise.

    1. Re:IMPOSSIBLE! by cant_get_a_good_nick · · Score: 1

      OGG Also Break Many Heads With Open Source CD!!! ME MISS OLD OGG
      Me miss ogg too. And Haiku guy

      BTW: lameness filter sucks (capitalization).

  67. Two Words: by jmt9581 · · Score: 2, Insightful

    O'DOYLE RULES!

    --

    My blog

  68. Re:Sue? Go for a class action suit by Gnulix · · Score: 1

    Can the open source community sue?

    All (hmmm?) Caldera customers ought to band together and initiate a class action suit against SCO for providing them with a product which SCO hadn't screened for IP violations. In doing so they are endangering their customer's businesses. If they *did* screen the code, noticed that there was copyright and IP infringements within Caldera, it might also be argued that they have maliciously marketed a "trojan horse" in the knowledge that they can "black mail" said customers for additional "surprise" fees/licenses later on.

    If so - can't we just give them what they wanted to give Linus?

    What? A barium enema?

  69. It's as simple as this... by Anonymous Coward · · Score: 0

    It really does'nt matter in this country who is "right" or "wrong". That is all beside the point. The only thing that really matters is how much money you have to play with. By being able to afford an expensive lawyer, you can make "wrong" seem like "right" to any gullible jury. I would'nt be suprized if M$ did'nt suddenly begin donating "gifts" to all of the judge's involved in this dispute for their upcoming re-election campaigns.

  70. Whether True or Not... by sethadam1 · · Score: 1

    Whether or not this anecdote has even a shred of truth to it is irrelevant, it's still a great story. I think it's a crack up.

    1. Re:Whether True or Not... by Reminiscent+Troll · · Score: 0

      Thanks :) Check out my journal for some other similar stories.

      http://slashdot.org/~Reminiscent%20Troll/journal/

      Oh yeah, take note of the title of this story in the journal. Very fitting if I do say so myself.

      --

      ---
      Raising the bar on Slashdot trolling since 2003

  71. Giving SCO the finger by Anonymous Coward · · Score: 0

    http://www.readmyfinger.com - check it out.

  72. If it is true by Sleeper · · Score: 2, Insightful

    and SCO did copy Linux code and as a result will be held accountable for that we should all thank RMS for insisting on what he believes in.

    Well we should thank him anyway and often :)

    --
    - Back off man. I am a scientist
  73. Point 81 have you read your EULA today by Crashmarik · · Score: 1

    this is from sco's complaint

    81. In addition, the GPL provides that, unlike SCOâ(TM)s UNIX operating system or IBMâ(TM)s AIX operating system or Sunâ(TM)s Solaris operating system, no warranty whatsoever runs with its software. The GPL includes the following language:

    NO WARRANTY

    BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAWâ¦THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

    Except for the free of charge part this could have come from Microsoft or SCO.

    1. Re:Point 81 have you read your EULA today by bigdavex · · Score: 3, Interesting

      I visited SCO's download portion of their website. I'm looking at the license for same random windows software, not there Unix code, but it's still fun.

      Here's the license:

      LIMITED WARRANTY

      Caldera Systems warrants that upon Your receipt of the Product and for a period of 90 calendar days thereafter, the media, if any, on which the Software is embedded will be free of defects in material and workmanship under normal use. Caldera Systems does not warrant that (i) the Software and any related Updates will be free of defects, (ii) the Software will satisfy all of Your requirements or (iii) the use of the Software will be uninterrupted or error-free.

      In case of breach of warranty related to the quality of the media, You must return at Your expense and no later than 10 days after the expiration of the warranty period, the Product to Caldera Systems or its local authorized representative, together with a copy of Your dated Proof of Purchase. Caldera Systems or its representative will replace any defective media, or if not practicable, may terminate this Agreement and refund to You the amount paid for the Product. You acknowledge that this Paragraph sets forth Your exclusive remedy and Caldera Systems' exclusive liability for any breach of warranty or other duty related to the quality of the Product.

      LIMITATION OF LIABILITY

      Except for the caldera systems warranty set out above, or otherwise expressly provided in a separate agreement with caldera systems or your supplier, all warranties, terms, conditions, representations, indemnities and guarantees with respect to the software, whether express or implied, arising by law, custom, prior oral or written statements by caldera systems, its licensors or representatives or otherwise (including, but not limited to any warranty of merchantability or fitness for a particular purpose or any implied warranty of non-infringement of third party intellectual property rights) are hereby overridden, excluded and disclaimed. Some states or countries do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state or country to country.

      Under no circumstances will caldera systems or its licensors or representatives be liable for any consequential, indirect, special, punitive, or incidental damages, whether foreseeable or unforeseeable, based on your claims or those of your customers (including but not limited to, claims for loss of data, goodwill, profits, use of money or use of the products, interruption in use or availability of data, stoppage of other work or impairment of other assets), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise, except only in the case of personal injury where and to the extent that applicable law requires such liability. In no event will the aggregate liability which caldera systems or its licensors may incur in any action or proceeding exceed the total amount actually paid by you for the specific product that directly caused the damage.

      Some jurisdictions do not allow the limitation of exclusion of liability for indirect, special, incidental or consequential damages so the above limitation may not apply to you.

      --
      -Dave
  74. much better chance of being true by frovingslosh · · Score: 5, Interesting
    From what I can see right now, these allegations have about as much chance of being true as SCO's claims.

    Perhaps a lot more. Anyone stealing code from SCO would likely at least change the comments, as they know the source code is going to be public. On the other hand, anyone doing code for SCO knows that the code is not open source, and likely never expects anyone who could match it to Linux code to see it. Might have even been done by a coder who wanted a quick fix without the knowledge of the management of SCO (or Caldera or whatever name the software was done under at the time). Then later someone at SCO finds the matching code. What is their first impulse? To say "Oh, we may be stealing code"? Or to say "Our code matches code in Linux so IBM must have stolen our code".

    I still like Cringley's explination best, that SCO did exactly what they openly said they were doing and merged Linux with Unix. But assuming they didn't make this up completely and indeed there is some code in Unix that matchs code in Linux down to the comments, it seems much more likely that some of the widely available open source Linux code was improperly put into Unix than some of the closely protected source code for Unix was put into Linux.

    --
    I'm an American. I love this country and the freedoms that we used to have.
  75. What I'd like to see... by morgajel · · Score: 1

    I'd like to see IBM, EFF, Redhat, Suse, and whoever else file a counter class-action lawsuit or something like that. Lets face it- if you can get a handful of large corporations together to defend one of their competitors, THAT's gotta say something.

    also, if IBM stole linux code, that should be easy enough to track through public records- if the code was in linux before IBM jumped on the bandwagon, then that proves IBM's innosence.

    At this point it amounts to libel or something. They're tarnishing the reputation of IBM and Linux, and everyone who sell linux is going to have their sales hurt as well by this frivilous lawsuit.

    Rot in hell SCO.

    --
    Looking for Book Reviews? Check out Literary Escapism.
  76. -1: doesn't understand the GPL by hayden · · Score: 3, Insightful
    There is no point for a company to test the GPL in court. If they lose then they have to release their source and pay infringement. If they win and the GPL is declared uninforceable then standard copyright law takes precedence which means they can't modify, redistribute or do any of the other stuff they wanted to anyway.

    Challenging the GPL in court is on a hiding to nothing.

    --
    Nerd: Derogatory term typically directed at anybody with a lower Slashdot ID than you.
    1. Re:-1: doesn't understand the GPL by seebs · · Score: 1

      You've missed the point of the challenge. The point is that, if the GPL restrictions are unenforceable, then the rest of the license *STILL APPLIES* - you get to copy the code, because there's a license which says you can copy it.

      The license doesn't all go "poof" all at once. There is nothing illegal about a license saying "you may copy this freely", so that part would go unchallenged, and remain in force.

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    2. Re:-1: doesn't understand the GPL by firewood · · Score: 1
      If they win and the GPL is declared uninforceable then standard copyright law takes precedence

      The way for them to win is to get a court to rule that openly distributing your code under the GPL makes any copyright restriction no longer strongly or selectively enforceable. Then the GPL itself will become defacto unenforceable, since there will no longer be any penalty for any user who does not accept all of its terms. The GPL already fools a lot of people into thinking that the so licensed code is equivalent to public domain.

    3. Re:-1: doesn't understand the GPL by Anonymous Coward · · Score: 0

      But there is one paragraph that says that if any part of the license is rendered unenforcable, the entire license is void, and you cannot copy at all.

      Yes, there is nothing illegal in a license that says "you may copy this freely", but the GPL does not say that. A judge would never try to change it to say that, because that would destroy the entire base of copyright, i.e. that the developer has the right to deside who gets to copy and under what conditions.

    4. Re:-1: doesn't understand the GPL by Anonymous Coward · · Score: 0

      Doesn't it require to go before the supreme court, to get a ruling that makes THE LAW no longer enforcable?

      Copyright law is A LAW, and as such is not renderen unenforcable just because some judge may not like a license.

    5. Re:-1: doesn't understand the GPL by arkanes · · Score: 1

      Just as it's very hard to convince a judge to force-GPL an offending product, it'd be very hard to convince a judge that "You may copy this freely if you obey the following conditions." can be turned into "You may copy this freely." To be perfectly honest, I can't even concieve of a situation where a court case would strip the GPL of it's power - certainly not without stripping every EULA and source license of it's power as well. In a particular instance, the GPL might "lose" because of decisions made about what contitues a derived work, but thats about it.

    6. Re:-1: doesn't understand the GPL by powerlord · · Score: 1

      Except that SCO is saying that GPLed code has actually been released to the Public Domain and has no copyright to revert to.

      Their goal seems to be to get the courts to assign them copyright of Linux GPL code since it is otherwise in the Public Domain (by their take on the GPL), and since it incorporates their Intelectual Property (by their claims).

      I agree they don't seem to understand the GPL, but they certainly feel they have a reason to try this aproach (they are sinking fast as a company and have little to loose).

      --
      This space for rent. All reasonable inquiries will be entertained at proprietors discretion.
  77. class action by Anonymous Coward · · Score: 0

    Instead of signing petitions asking SCO to sue us... , why not join together and form a class action lawsuit? I'm sure that the number of companies and individuals who support linux and open source could get this rolling. Instead of SCO being bought out, why not bankrupt them?

  78. Send a letter by earthforce_1 · · Score: 1

    To any and all SCO licencees stating that they my face potential legal liability from use of stolen SCO code, and that they should consult their lawyers for advice. Let's send the FUD back from whence it came!

    --
    My rights don't need management.
  79. Looks bad for linux by Anonymous Coward · · Score: 0
    it proves/disproves nothing.

    yes but it looks hell of a lot worse for linux then it did before this article.

    All of this is speculation/rumor anyway

    this is slash dot. and check out all 99.999% of the other speculation on this same thread, they all are speculating this clears linux. poor sods.

  80. Wow! I'm Hooked. by oaf357 · · Score: 2, Funny
    I'm addicted. This SCO vs. Linux vs. IBM vs. Novell vs. [INSERT YOUR NAME HERE] soap opera is awesome.

    It has serious implications but everyday some other company or researcher jumps into the fray and every other day SCO looks worse and worse.

    If only reality or even day time TV could be this good.

    Hands down, barnone the best frivolous lawsuit ever conceived.

  81. Shakespeare && his Monkeys || SCO &&am by SkewlD00d · · Score: 4, Interesting

    Here's what I said in response to a previous /. story.

    SCO copied Linux code?

    Just a random, alternative explanation.

    Or maybe, the same monkies they got to write Shakespear (sic) by random chance, wrote the same exact code in two different places. Let's think... the odd of randomly producing the same 1K of code have an upper-bound of about 1 in 64^1024, still not exactly zero. A Lower bound would be a big factorial expression. Ignoring the comments and differences in names and variables, most becomes VERY similar (hence OOP & patterns).

    --
    The biggest trick the devil pulled was letting lawyers become politicians so they can write the laws.
  82. This is BSD vs AT&T all over again by Hugonz · · Score: 2, Interesting

    AT&T/SCO - You stole our code
    BSD/Linus - Yes, but guess what? you have a load of mine too

    AT&T/SCO - mmm, ok, let's settle.

    1. Re:This is BSD vs AT&T all over again by Error27 · · Score: 1

      the difference is that AT&T is still around and SCO is history...

    2. Re:This is BSD vs AT&T all over again by eggplant · · Score: 1

      While UC Berkeley and USL were filing briefs and "negotiating," commercial vendors (Sun, SGI, Pyramid, Sequent, etc.) were abandoning BSD and switching to SYS V Unix, at least partially out of fear of getting stuck without an OS they could legally sell. BSDI was the original defendent in the case, and was also pretty damaged by the entire incident, and NetBSD was also seriously affected by the two(?) years of restraining orders associated with the case, until the settlement in Jan of 1994.

      It was into this legally-imposed BSD-void that Linux first emerged. Linux may not have been nearly so popular without the perception (of the time) that BSD was permanently entangled in lawsuits. (Two years is a long time to be shutdown.)

      According to this history of BSD by Kirk McKusick, USL agreed not to sue any organizations that distribute Unixes based on 4.4 Lite. So, ironically, the BSD Unixes which were shunned during the AT&T-Berkeley suit may be immune SCO's current suit (because SCO derives their license from USL), and may see their popularity jump, should Linux become entangled in the same restraining order nastiness that was so damaging to BSD back in 1992-1994.

  83. and.. by hugosantos · · Score: 0, Offtopic

    and they said BSD was dead..

  84. I HAVE THE CODE by Hugonz · · Score: 0

    int var1=1; /*This is an integral variable, initializaed to 1*/
    int var2=2; /*This is an integral variable, initializaed to 2*/ ...
    int var80=80; /*This is an integral variable, initializaed to 80*/

    That's it, 80 lines of code.

  85. The article sans the bloat... by Anonymous Coward · · Score: 0
  86. Oh, please by Anonymous Coward · · Score: 0
    I wish everyone would grow up and admit that there are probably thousands of cases of relatively small pieces of GPL'd code (under 200 lines, say) that have been cut and pasted into commercial products in ways that violate the license, and probably a few hundred of much larger segments of source being so swiped.

    I'm not defending this, as it's a clear violation of the license, but lazy programmers under pressure with a net connection will know what a gold mine freshmeat is, and many won't be able to resist taking a shortcut.

  87. Please mention the source! by borgdows · · Score: 3, Funny

    SCO also never used any of the Linux kernel code
    is : Copyright (c) 2003 SCO Minister of Information. All rights reserved.

  88. I'd take one by OwnerOfWhinyCat · · Score: 3, Funny

    I don't know if the married core developer's wives are going to be happy about this. Especially if the Trillian's you're issueing are in the classic Hitch Hikers Guide to the Galaxy form factor.

    1. Re:I'd take one by Geek+of+Tech · · Score: 1

      I don't know why... I'd take one!

      --
      Stop the Slashdot effect! Don't read the articles!
    2. Re:I'd take one by TwistedKestrel · · Score: 1

      Sigh ... this cold is really affecting my thought process. I read Hitch Hikers Guides to the Galaxy as Hitler's Wives Guide to the Galaxy at first glance.

    3. Re:I'd take one by tfrayner · · Score: 1
      I didn't even know he was a Mormon...

      Go on, mod me down :-P

      -- Y.A. Punctuation Nazi

      --
      The best newspaper in the USA: the Anderson Valley Advertiser.
  89. Take, for example this code by Anonymous Coward · · Score: 0

    void swap(int &a, int &b)
    {
    int c = b;
    b = a;
    a = c;
    }

    THIS WAS COPIED ALMOST VERBATIM!! This incredible piece of ingenuity was all Linux - SCO wasn't capable of creating such a clever function, so they had to copy it. If you look at SCO's version:

    void Swap(int *num1, int *num2)
    {
    int temp = *num1;
    *num1 = *num2;
    *num2 = temp;
    }

    The similarities are STRIKING. Too close to be mere coincidence, don't you think?

  90. SCO will be gone soon. by Anonymous Coward · · Score: 0

    I have just finished creating ISO's of SCO's Unix and have shared them on KaZaA. I'm certain they will be the most downloaded item soon, second to only Jenna Jameson movies and whatever the newest Eminem CD is. They will be out of business shortly. Sit back and relax.

  91. which part of "parts of the Linux kernel code..." by polished+look+2 · · Score: 2, Informative

    do you not understand? The article states:

    A source close to SCO, who spoke on condition of anonymity, told eWEEK that parts of the Linux kernel code were copied into the Unix System V source tree by former or current SCO employees. [emphasis mine]
  92. Re:Novell says by fragged+one · · Score: 0

    what?! that happens to me about twice a week. you mean that is a rare occurance? you've been listening to sco lately, haven't you.

    --
    if it wasn't for that horse, i wouldn't have spent that year in college.....
  93. Does Tom work there? by nolife · · Score: 2, Funny

    I liked
    [next]
    the article
    [next]
    but the
    [next]
    layout
    [next]
    sucks.

    Here is the printer friendly version

    --
    Bad boys rape our young girls but Violet gives willingly.
  94. role reversal by jr87 · · Score: 1

    SCO is gonna have a hard time fighting IBM if this article is true. now instead of Linux copying UNIX UNIX copied Linux. Now they are gonna have to be dodging lawsuits and trying to stay out (or go into) bankruptcy. I do have a few concerns. Why would SCO risk the reprecussions of violating the GPL. Why would they take such a risky venture if they knew that they were on legally shakey ground. Why are they still witholding the lines of alleged copied code. Is it because they can be easily removed?(almost assured) or is it because they themselves contributed it to Linux?(somewhat likely) Lastly, this whole confrentation with Novell is a bit disturbing. If they investigated this correctly before filing suit they should have known that the copyrights were never officially transferred. why didn't they ask for the transfer before the lawsuit started? I don't really have answers just questions. enjoy trying to find answers.

  95. Printer-friendly URL for the article by Anonymous Coward · · Score: 0
  96. Their source does not understand the GPL by rifter · · Score: 3, Informative

    From the article:

    A source close to SCO, who spoke on condition of anonymity, told eWEEK that parts of the Linux kernel code were copied into the Unix System V source tree by former or current SCO employees.

    That could violate the conditions of the GNU GPL, which states that any amendments to open-source code used in a commercial product must be given back to the community or a copyright notice must be displayed attributable to Linux, he said.

    That would be the BSD license. The GPL requires a project that incorporates GPL code to be GPLed as well, which means the source must be made available to people who get binaries and their rights to distribute the program under the GPL cannot be infringed. If this does not happen the right to distribute the GPL code is revoked and its distribution is therefore a copyright violation. Therefore if SCO really stole GPL code for its Linux Kernel Personality it has a serious problem on its hands.

    1. Re:Their source does not understand the GPL by Anonymous Coward · · Score: 0

      Maybe SCO took FreeBSD's Linux Kernel Personality module and stuck in SCO Unix.

      They'd be in the clear then wouldn't they?

      (assuming the FreeBSD LKP was clean IP wise)

    2. Re:Their source does not understand the GPL by powerlord · · Score: 1

      Perhaps this is a clue that the code in question may have originated from the BSD and from there migrate to both SCO and Linux?

      --
      This space for rent. All reasonable inquiries will be entertained at proprietors discretion.
  97. More than 80 lines by Overly+Critical+Guy · · Score: 1

    Nobody ever said it was "just" 80 lines of code. Merely that 80 lines of code is what has been revealed so far to "independent financial analysts."

    There has never been a definite statement on the amount of code. Only "thousands."

    --
    "Sufferin' succotash."
  98. WTF by Anonymous Coward · · Score: 0

    If this is true, S.C.0. should be counter sued by all 1500 company's that received "The Letter".

  99. Congratulation on a USA today reading level! by Anonymous Coward · · Score: 0
    It turns out its often useful to read more then the first three paragrpahs of an article (unless you are reading USA today in which case you just finished the article). You clip is expanded in the 5th paragraph with an actual quote from the source, not the reporter's misinerpretation.

    the quoted source says they "re-implimentd" the Linux functionality using SCO unix routines. THe source does not say they copied the code itself. they just added ts functionality in to SCO. The reporter is just a dumb.

    1. Re:Congratulation on a USA today reading level! by etymxris · · Score: 4, Informative
      THe source does not say they copied the code itself. they just added ts functionality in to SCO.
      Yes he does. Read again:
      "These system call implementations had to be quite compatible with the behavior of the real Linux kernel, otherwise Linux applications would not work on SCO Unix. It is quite obvious to argue that in order to get these right, Linux kernel code had to be studied and possibly copied into the SCO Unix kernel to implement the Linux Kernel Personality.


      "How else would you get the Java Hotspot VM or the X-window server (Linux binaries) to work on SCO Unix?" the source questioned.

    2. Re:Congratulation on a USA today reading level! by polished+look+2 · · Score: 2, Interesting

      The article goes on to say,

      "During that project we often came across sections of code that looked very similar, in fact we wondered why even variable names were identical. It looked very much like both codes had the same origin, but that was good as the implementation of 95 percent of all Linux system calls on the Unix kernel turned out to be literally 'one-liners'," the source said.
      which implies that the code with the same variable names is actually original Linux. It appears to me that the reporter, especially one from eWeek, knows what he's talking about, and this further explains the statement in the second paragraph.
    3. Re:Congratulation on a USA today reading level! by etymxris · · Score: 4, Interesting

      It doesn't establish the origin. It just establishes that they have the same origin. UnixWare has been around longer than Linux, so I think it is safe to say that these functions were in UnixWare first. But I do believe that their path into Linux was almost certainly via the common parent of BSD licensed code. Especially given their age.

      Now it's possible some coders in the mid nineties decided to beef up SCO's unix by copying code over from Linux, but why? It would break backwards compatibility. And similarly, why would these functions change much from the beginning of Linux? They probably did not. So unless SCO's code got into Linux from the near beginning, I think it is much more likely that BSD is the common descendant.

    4. Re:Congratulation on a USA today reading level! by Bun · · Score: 1

      I think it is much more likely that BSD is the common descendant.

      I think you meant to say: "I think it is much more likely that BSD is the common ancestor."

      Just picking a nit...

      --
      "Anyone that has ever gotten an idea based on any of my work and done something better with it-good for you."--J.Carmack
    5. Re:Congratulation on a USA today reading level! by Anonymous Coward · · Score: 0

      That is a bad argument. You could say much the same thing about WINE but I seriously doubt that WINE contains any code illegaly copied from Windows. Why should you assume such a thing of LKP, which is a much less ambitious project?

      What is needed here is some actual evidence, such as lines of code. Rumors will not do.

    6. Re:Congratulation on a USA today reading level! by Anonymous Coward · · Score: 0

      That's not a very good argument, though, considering that Unix system call APIs are very similar, since they are based on the same standards.

      The *BSD kernels also have Linux emulation modules that emulate the Linux system call interface without using any code actually from Linux.

      In fact, emulating the system calls of a Unix system would even be easy on a system that doesn't work like normal Unix systems, because it's nicely abstracted from the implementation.

    7. Re:Congratulation on a USA today reading level! by $alex_n42 · · Score: 3, Insightful

      "...[SCO] basically re-implemented the Linux kernel with functions available in the Unix kernel to build what is now known as the Linux Kernel Personality (LKP) in SCO Unix."

      and

      "The LKP is a feature that allows users to run standard Linux applications along with standard Unix applications on a single system using the UnixWare kernel."

      and you said

      "so I think it is safe to say that these functions were in UnixWare first"

      So you are saying UnixWare was compatable with Linux binaries before Linux came to being? Just asking.

    8. Re:Congratulation on a USA today reading level! by FuzzyDaddy · · Score: 1
      Why should you assume such a thing of LKP

      Because the WINE developers do not have access to the Windows source code, but the SCO developers did have access to the Linux source code.

      --
      It's not wasting time, I'm educating myself.
    9. Re:Congratulation on a USA today reading level! by Anonymous Coward · · Score: 0
      It turns out its often useful to read more then the first three paragrpahs of an article (unless you are reading USA today in which case you just finished the article). You clip is expanded in the 5th paragraph with an actual quote from the source, not the reporter's misinerpretation.

      the quoted source says they "re-implimentd" the Linux functionality using SCO unix routines. THe source does not say they copied the code itself. they just added ts functionality in to SCO. The reporter is just a dumb.

      Congratulations on your sub-USA Today writing level. They can at least spell correctly.

  100. I'd Buy This... by Greyfox · · Score: 1
    Lazy programmers (all programmers being lazy, of course) and tight deadlines combined with a huge heap of source code just sitting out there all combine to make a massive temptation, and all it'd take is just one guy with no ethical sense to corrupt an entire project. I would be surprised if there was a company on the planet that wasn't running some (or maybe a lot) of unattributed GPL code. And with turnover the way it is in the IT industry, it's highly unlikely that you'd ever be caught before you moved on to a higher paying job elsewhere.

    So I'd like to say to SCO, "Maybe we stole your code, or maybe you stole ours. Truth be told, I really didn't check the changelogs before posting. So the question you have to ask yourself is, was there really time to do those kernel mods on time and under budget. Do you feel lucky, punk? Well? Do ya?"

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  101. You're misunderstanding the article. by TheFrood · · Score: 4, Informative

    first the SCO engineers were not re-writing the SCO linux kernel they were simply writing stubs and wrappers for the SCO kernel to make an API (if you will) that looked like Linux on the outside and was actually calling SCO unix routines. they were NOT changing the SCO unix routines or making SCO kernel more linux like. they just wanted to allow Linux application to be able to execute in a Linux Personality Module layer that made SCO look like linux without having to change the SCO kernel

    Yes, this is what the unnamed "source close to SCO" says he was doing -- re-implementing certain Linux kernel APIs in the UnixWare kernel. And you're correct that that's perfectly legal.

    But what he's saying is that while he and the other programmers on the project were implementing the LKP, they discovered that portions of the UnixWare kernel were already very similar to portions of the Linux kernel -- to the point of having identical variable names (presumably non-trivial ones), etc. In other words, although the LKP project is perfectly legal, this anonymous source says that while working on it, he and the other programmers on the project uncovered evidence of prior code-copying by SCO.

    TheFrood

    --
    If you say "I'll probably get modded down for this..." then I will mod you down.
    1. Re:You're misunderstanding the article. by Anonymous Coward · · Score: 0
      Timeline wise the origins of the SCO code predates the Linux code. thus if you discover two things are similar one should probably assume that the older one is more original. The real question to be asked is thus if there is a unix code that predates both.

      but lets consider the alternative hypothesis you are prooposing: namely Unix exist, then linux is created, some engineer at sco copies linux code into sco unix, then sometime later an engineer at SCO notices that linux and sco unix share the same code.

      why would SCO want to alter any existing functionality in their code by changing it to linux code? would this not be a recipe for destroyng backward compatibility? At a minumim any cribbed code would have to be patched for backward compatiblity. the only cases where this would not be true is if the new code was for completely novel functionality that would not have any influence on or need to call existing SCO code. not likely.

      The more likely explanation is that they either both got the code from a source older than SCO's code (e.g. BSD) or Linux copied SCOs code as alledged.

    2. Re:You're misunderstanding the article. by TheFrood · · Score: 2, Insightful

      Timeline wise the origins of the SCO code predates the Linux code. thus if you discover two things are similar one should probably assume that the older one is more original.

      Only if one assumes that both codebases grow and gain functionality at the same rate. As ESR showed in his whitepaper, Linux has grown and gained functionality substantially faster than SCO, and is ahead in many areas.

      why would SCO want to alter any existing functionality in their code by changing it to linux code?

      Perhaps the Linux implementation was more featureful. Perhaps it was more efficient. Perhaps the copied linux code delivered some functionality that was not present at all in the UnixWare kernel. Indeed, ESR shows in his whitepaper that Linux is substantiall more advanced than UnixWare in many areas, and has been for some time.

      would this not be a recipe for destroyng backward compatibility?

      Not as a rule. Programmers add features to all kinds of software without destroying backward-compatibility.

      At a minumim any cribbed code would have to be patched for backward compatiblity. the only cases where this would not be true is if the new code was for completely novel functionality that would not have any influence on or need to call existing SCO code. not likely.

      I don't follow at all. Why is that unlikely?

      The more likely explanation is that they either both got the code from a source older than SCO's code (e.g. BSD) or Linux copied SCOs code as alledged.

      Actually, if we know that the code was copied either from Linux to UnixWare or vice versa (i.e., we know that it didn't come from BSD), then the far likelier explanation is that SCO copied Linux code. Rememeber that UnixWare is proprietary; an SCO coder could easily copy a chunk of the Linux kernel and no one would ever know. However, anyone who copied in the other direction would be putting himself at risk, since the Linux kernel is open source, and the evidence of the copying would therefore be plainly visible.

      TheFrood

      --
      If you say "I'll probably get modded down for this..." then I will mod you down.
    3. Re:You're misunderstanding the article. by DShard · · Score: 2

      Taking a quick jab at the situation with Occams razor...

      Is it more likely that...

      SCO a small company with limited resources and developers versed in open source code discovers their is a vast conspiracy to steal their lackluster IP that they don't own and place it into a VERY public place.

      That this same company has made some rediculous and unsubtantiated claim that could bite them back. What they actually uncovered was their own liberal use of public domain (nothing wrong with that) and brought a searchlight focusing on all their code for violation of GPL.

  102. Re:Two Words... by Anonymous Coward · · Score: 0

    you still rule! Look at this!

  103. A lose-lose situation for SCO by paroneayea · · Score: 2, Informative

    Hm.
    I don't agree that SCO produces "nothing," because they are clearly selling server computers and such on their website. Yet I would agree that they produce nothing unique, new, or innovative (quite like Microsoft... sorry, couldn't help it). I spent a while looking over their "products and services" and I couldn't find a single thing a sysadmin couldn't get somewhere else. And, correct me if I'm wrong, but sysadmins are SCO's main customers, and even more specifically, Unix sysadmins.
    Now I got thinking: most Unix sysadmins are Linux and Open Source advocates. At least this has been my experience. So it seems to me that even if SCO won this lawsuit, they would lose most of their customers. As I said before, SCO doesn't provide anything unique, new or innovative in any form, so there are plenty of viable alternatives to their services us sysadmins can move on to. In conclusion: this lawsuit is a lose-lose situation to SCO no matter what. Either they lose the lawsuit and their company collapses, or they win the lawsuit and angry system administrators simply move on to any of the billion other companies that provide exactly the same things they do.

    A short note before I wrap this up: I sent a message like this to SCO early on in their lawsuit against IBM, urging them to cancel it quickly. After clicking the send button, I noticed a little message that said something like "Thank you for your input, you will hear from us soon!" I realized at that moment that I was stupid enough to write in my personal email address in that email, rather than my standard spam distraction. Well, I did get a message from SCO very quickly, in a way, for the next day my inbox was littered with spam... something I had never gotten before I wrote that message.
    Thanks SCO. Thanks.

    --
    http://mediagoblin.org/
  104. No, not microsoft. by Anonymous Coward · · Score: 1, Informative

    They said that they received around
    16 million in licensing fees the last
    quarter, mostly from two sources. One
    of them was acknowledged to be
    Microsoft, and the other did not wish
    to have their identity disclosed.

    Microsoft was estimated to have given
    them ~$8.8 million dollars. That leaves
    another unnamed player on the stage.

    1. Re:No, not microsoft. by andrewski · · Score: 1

      So, do you think the SCO company officers were sitting around the office drinking one morning and said "Well, this is it. We don't have any course of action but to try suing IBM (!?!?!?!?) for ONE BILLION DOLLARS!" I think that the fellas in charge of SCO are kind of doing their job as SOMEBODY's double agent - trying to kill Unix and Linux from the inside. Who wants both Unix and Linux to die?

      First suspects are the still-living Unix licencees - IBM, Sun, SGI, Apple, Digital / Compaq / HP (contracted to DiCP) Fujitsu / Siemans, and a few others. I kind of doubt that any of these companies are in on it. One or more of these parties may have made a secret deal with SCO as well, but that's a special case.

      Microsoft is a special case as well. I believe they already had a Unix licence from way back. Why spend 8 million on something they already owned? I think just as another fellow said, Larry Ellison will come forward as the other person.

      It could be that a VC outfit has bought a unix license as venture capital, to be rewarded if SCO wins. Kind of like horse betting.

  105. Well, either way by SamBC · · Score: 1

    It implies that either SCO stole from linux, linux from SCO, or they mutually copied from a third party - could as easily be any of the three.

  106. I don't understand by 73939133 · · Score: 2, Insightful

    "During that project [Linux Kernel Personality for SCO] we often came across sections of code that looked very similar, in fact we wondered why even variable names were identical. It looked very much like both codes had the same origin, but that was good as the implementation of 95 percent of all Linux system calls on the Unix kernel turned out to be literally 'one-liners'," the source said.

    I don't quite understand this. If the guy was working on the LKP project and they discovered similarity between SCO UNIX and Linux during that work, then SCO did not copy that code as part of the LKP project (although they may have copied it before). Or did he join the LKP project late and alleges that other people on the same project copied the code before he joined? Or is he saying that SCO had copied Linux source code for other reasons and they were just discovering that fact during the LKP project at SCO?

    1. Re:I don't understand by Anonymous Coward · · Score: 0

      I'm with you on this. What exactly is this guy saying.

  107. Re:The three axis of evil: SCO, SCO & SCO by zapfie · · Score: 1

    Adobe I can understand, but Unisys is just misunderstood.

    --
    slashdot!=valid HTML
  108. Re:which part of "parts of the Linux kernel code.. by geekee · · Score: 1

    It's not a matter of understanding what was written. It's a matter of BELIEVING what was written. What you quoted is what the REPORTER wrote. The parent pointed out that what the REPORTER wrote doesn't make sense given what his SOURCE told him and was quoted on.

    --
    Vote for Pedro
  109. You also forgot to add... by Anonymous Coward · · Score: 0

    ...that esr is an idiot.

    1. Re:You also forgot to add... by sparkz · · Score: 1
      True, but he's done alright this once.

      He's a bright idiot.

      --
      Author, Shell Scripting : Expert Re
  110. Posted too soon by Platinum+Dragon · · Score: 1

    Dammit, I should have known posting this would jinx the whole thing.

    --

    Someday, you're going to die. Get over it.
  111. Found the culprits! (-: by Anonymous Coward · · Score: 0

    You're looking in the wrong place. Take a look at the Linux kernel *comments*:

    arch/i386/kernel/mic rocode.c: 16 Feb 2000, Tigran Aivazian
    arch/i386/kerne l/smpboot.c: * Original development of Linux SMP code supported by Caldera
    drivers/char/applicom.c: /* Derived from Applicom driver ac.c for SCO Unix */
    drivers/char/drm/drm_context.h: 2001-11-16 Torsten Duwe
    drivers/char/rio/bo ard.h: * Ported from existing RIO Driver for SCO sources
    drivers/net/hp100.c: /* Next comes code from mmuinit procedure of SCO BM driver which is called from HWconfigure in the SCO driver. */
    drivers/net/slip.c: from Jim Freeman's >jfree@caldera.comerik@caldera.commm@caldera.de
    * Neither Greg Page nor Caldera, Inc. admit liability nor provide
    * warranty for any of this software. This material is provided
    * "AS-IS" and at no charge.

    ---
    Leon Brooks

  112. Replay by Citizen+of+Earth · · Score: 3, Funny

    'SCO also never used any of the Linux kernel code.'

    'I did not have sexual relations with that woman.'

    'There are no American infidels in Baghdad. Never!'

    1. Re:Replay by TeknoHog · · Score: 1
      'I did not have sexual relations with that woman.'

      I believe that. After all, you're posting on Slashdot.

      --
      Escher was the first MC and Giger invented the HR department.
  113. SCO linked to terrorism? by Xformer · · Score: 2, Funny

    One has to wonder if Mohammad Saeed al-Sahaf is on their board...

    --
    All I want is a kind word, a warm bed and unlimited power.
  114. Parent makes salient point about compiling by isn't+my+name · · Score: 1

    And I did a worse job a few replies later. Mod this parent up. (And make my other reply in this thread redundant, if you want.)

  115. Next time, on "As the World Turns" ... by Anonymous Coward · · Score: 0

    Nothing to see here, I just wanted to say that.

  116. Source not very clear on GPL by isn't+my+name · · Score: 1

    That could violate the conditions of the GNU GPL, which states that any amendments to open-source code used in a commercial product must be given back to the community or a copyright notice must be displayed attributable to Linux, [the anonymous source] said.

    Seems to me that he doesn't quite have a clear concept of the GPL. Let's hope he has a clearer concept of what actually happened.

  117. Why would M$ care? by macrealist · · Score: 2, Interesting

    "Microsoft is highly unlikely to be aware, as a company, if Open Source has penetrated its products. This presents a significant risk to shareholders."

    What would the legal ramifications be if a single 'rogue' coder inserted GPLed code into a commerical product? Would such sabatoge open MS stockholders finacially responsible for the damage done to a freely distributed OS?
    That would be a tough case to win. More likely, MS would be asked to remove the offending code, and they would do so.

    Having a policy not to use GPL code and the money to buy good lawyers, there is NO incentive for MS to patrol for GPL code. I would argue the opposite, that M$ would benefit by borrowing GPL code for a quick implementation while bugs are worked out on their own versions. Not saying that they do it, just that individuals working for MS and MS don't have much to lose, as long as the official policy is NOT to use open source code.

    --
    I am living proof of the Peter Principle
  118. 107 words, and 133 words by leonbrooks · · Score: 5, Insightful
    These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

    ...and...

    You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

    a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

    b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange;

    So... when they distributed their UNIX with the LKPM included (their "work") and that contained GPLed code, they accepted the terms of the GPL. But they have not distributed, or offered to distributed, the source to their (now GPLed, since the accepted the terms) "work".

    This means that either they violated the GPL after agreeing to it. The owners of the copied code will band together and sue them for $2G, I hope, and settle for costs plus distribution of the full source of UnixWare 7 distributed as per the licence agreement SCO acceded to. Just to labour the point, they have already distributed derivative code, so halting distribution does not undo their requirement to distribute full source.

    Do I need to make it simpler for you?

    --
    Got time? Spend some of it coding or testing
    1. Re:107 words, and 133 words by CyberGarp · · Score: 1

      The owners of the copied code will band together and sue them for $2G

      Okay, let's see what the damages against sales of the free source Linux tally up too...

      --

      I used to wonder what was so holy about a silent night, now I have a child.
    2. Re:107 words, and 133 words by Anonymous Coward · · Score: 0

      Yeah, it'd be interesting to see what the total of IBM, RedHat, etc linux sales are, and what percentage "damage" they would assume...

    3. Re:107 words, and 133 words by arivanov · · Score: 1
      Okay, let's see what the damages against sales of the free source Linux tally up too...

      Ok, let's see to what do the IBM Consulting linux related revenues amount to... Hmm...

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    4. Re:107 words, and 133 words by arkanes · · Score: 1

      It will be amusing if both cases are in court at the same time, and one set of SCO lawyers are aguing that they lost a billion dollars in buisness due to Linux's success, and another set are arguing that thier UNIX marketshare was so low that they couldn't have caused any real damage to IBMs buisness. And if the evidence is sealed (there's some legal term for that...), then they can't even use the testimony in one case against them in the other!

    5. Re:107 words, and 133 words by JimFromJersey · · Score: 1

      > and sue them for $2G

      2 grand?!?! 2000$!?!!?!, If I cut the check now will everyone just shut up?

      or is that the British (European?) 2,000 million? IIRC the British don't have a term billion. Or is that 2000$ per plantiff in a class action lawsuit?

      --
      between the greater and lesser infinities sleep the dreams undreamt
  119. Possibly Larry Ellison? by Anonymous Coward · · Score: 0

    I wonder bout him.

  120. A better way by Anonymous Coward · · Score: 0

    We already know that comments are common between Linux and SCO (assuming that SCO is telling the truth -- HA! ).

    Why doesn't someone write a utility that scoops up all the comments in the kernel tree into one file, and have the comments sorted.

    That "comment grabber" utility would be run against:

    * Linux 2.0 (the Linux version that existed before companies started playing attention to Linux -- there's little chance of commercial contribution here)

    * Linux 2.2 (the Linux version before IBM became involved)

    * Linux 2.4 (the Linux version after IBM became involved)

    * FreeBSD (the place where a lot of Linux source code is legally borrowed)

    Once this is done, the Linux versions would be compared with FreeBSD using a good visual diff tool like the one that comes with Bitkeeper. That will tell you how much code Linux shares with FreeBSD. It's almost certain the SCO contains a lot of FreeBSD source code (after all, even Microsoft legally took a lot of FreeBSD code and Windows is nothing like Unix).

    So in a round about way, it will also tell us how close Linux and SCO can potentially be without violating any licensing agreements.

    That utility will also serve another purpose. IBM and several other companies have access to the SCO source code. If they ran that utility and compared it with both Linux and FreeBSD, they'd be able to highlight which parts of SCO that are shared with FreeBSD and Linux. They can do that *without* violating the licensing agreement.

    Heck, I'd be willing to sign an NDA from IBM if they'd allow me to do that comparison. I don't plan on contributing to the Linux kernel so I have nothing to lose as long as their NDA is fair.

  121. Closeley protected? by Anonymous Coward · · Score: 2, Informative
    There must be easily hundreds of thousands of people with read access to various UNIX source codes; I do [of one implementation of it] (as if reading that or Linux kernel source meant anything to me). I don't have read access to SCO's source, FWIW.

    UNIX source isn't some close-held secret; everyone's implementation is, of course, but there are tons of licensees; it is certainly possible that "generic" UNIX source could be passed on to Linux for various reasons (stupidity, ignorance, arrogance, maliciousness against either party). If it's SCO's own customisation of what they license to other parties, then it's one of their people (or IBM, of course).

    That's all assuming that we believe this anonymous story, which could well have been perpetrated by a slashdot reader, of course....

    And then, SCO could be making it all up, as has been said enough times before to be not worth repeating.

  122. Par 80 explicitly claims GPL is PD by leonbrooks · · Score: 2, Interesting
    80. Any software licensed under the GPL (including Linux) must, by its terms, not be held proprietary or confidential, and may not be claimed by any party as a trade secret or copyright property.

    Specifically, may not be claimed by any party as a trade secret or copyright property. GPLed code is a "copyright property", the entire licence depends on that. Asserting that the code cannot be bound by copyright is essentially the same as asserting that it's public domain. Have a look at the example GPL'ed program header:

    Yoyodyne, Inc., hereby disclaims all copyright
    interest in the program `Gnomovision'
    (which makes passes at compilers) written
    by James Hacker.

    signature of Ty Coon, 1 April 1989
    Ty Coon, President of Vice
    --
    Got time? Spend some of it coding or testing
    1. Re:Par 80 explicitly claims GPL is PD by ChaosDiscord · · Score: 1
      Have a look at the example GPL'ed program header: "Yoyodyne, Inc., hereby disclaims all copyright..."

      Erm, the hell?

      That's not an example GPL'd program header. The example from the GPL begins:

      one line to give the program's name and an idea of what it does.
      Copyright (C) yyyy name of author

      This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License...

      You'll notice the fairly explicit statement of copyright.

      What you've quoted is a copyright disclaimer that they suggest you as a programmer get from your employer. Thus if John Hacker writes Gnomovision in his spare time, the FSF suggests that he get his employer (Yoyodyne, Inc) to sign off that they have no claim on it. It's just a cover your ass document. This doesn't actually have much to do with the GPL, it would be a reasonable defensive step to take before you claimed copyright on any software you write outside of the scope of your job, even stuff you didn't plan on applying the GPL to.

  123. Re:A Day at TechTV by Trusted+Content · · Score: 0

    Sounds like you need to GB2GBS, am i RITE?

    --
    OMG OMG LUNIX OMG
  124. standing by lseltzer · · Score: 1

    As someone else suggested here, you'd probably have to find the author(s) of the code allegedly heisted.

    I've wondered about issues of standing in such cases before. This is the sort of thing that would ensure that any such case would move up and down the appeals ladder for years. You'd need to get those people to agree to be parties in the suit. Presumably they would receive any damages. They'd also need someone to fund the suit, unless they actually work for someone (like IBM) with the inclination and resources to sue.

    1. Re:standing by John+Hasler · · Score: 1

      > You'd need to get those people to agree to be
      > parties in the suit.

      Just one of them.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  125. Secret Code, Useless Management? by leonbrooks · · Score: 1

    Severly Cripple Unix Market?
    Seppuku Can't Undo Mistakes?
    Still Can't Understand, Mcbride?
    Sco Crushed Under Microsoft?

    --
    Got time? Spend some of it coding or testing
  126. The Big Secret by AvantLegion · · Score: 1
    I'd like to use Linux (right now I use Windows XP) but there is too much metaphore... in fact politics shroud the community like a flow of white light. [...] These guys are trying to make money in American corporation, with poor economic downturn, etc... like I said guys, cut out the metaphore and write great systeme....

    Here's the thing: you can use Linux without buying into any of the politics.

    I use Linux (in addition to other OS's). I do not buy into much of the OSS rhetoric. I definitely do not buy into any of the Stallman rhetoric. But I still use Linux and GNU software. Why? Because you can use this stuff without necessarily feeling that OSS is *the* be-all, end-all.

    I think it's great that people are willing to spend time and energy on free, open-source software. When my programming skills are a little sharper, I think I will contribute to a project or two that I find useful. But in the end, I plan on being a professional programmer as soon as I graduate college.

    Don't buy into the hype - just ignore it and try the software. Linux is great for many people. And even some open-source software that is usually associated with Linux is available for Windows (my trifecta: Mozilla, OpenOffice, GIMP).

  127. Don't just diff the binaries... by Fished · · Score: 1

    Don't just look at the end binary. Look at the symbol tables. Even on different compilers, the symbol tables will tend to be very similar. Especially if optimizaiton is not set to absolute max.

    --
    "He who would learn astronomy, and other recondite arts, let him go elsewhere. " -- John Calvin, commenting on Genesis 1
  128. But there are WMD's in iraq by Anonymous Coward · · Score: 0

    Really there are wmds in iraq

    There's this black stuff under the ground in huge quantities that causes some stupid country ... the U(nconcievable) S(uckers) I believe it is ... to attack.

  129. Re:Probability is... by towatatalko · · Score: 1

    Probability is on the side of what you said, but who would want to sue SCO for GLP infringement? FSF? Do they have money to do that? If they had, can software idealists sue the hard-core corporate scum backs? Maybe they should but so far thereâ(TM)s no indication of that. Why? Because it is probably not in their nature. One might even make an observation that itâ(TM)d have to be a compelling case to start such thing. Who would provide evidence? But anything is possible, so Iâ(TM)m getting ready to short SCOX stock when it hits $10.25-10.50 mark.

    --

    IP was invented for the sake of lawsuits.
  130. WMD's in Iraq by Anonymous Coward · · Score: 0

    The WMD's in Iraq were brought there by the U.S. military.

  131. Re:Read for fun? by Trusted+Content · · Score: 0

    I came.

    --
    OMG OMG LUNIX OMG
  132. They wish by leonbrooks · · Score: 1
    SCO owns all of their own product

    How does that saying go...? "Dream on, broomstick cowboy!" (-:

    I'd be quite surprised if after Ransom's "unification" drive there wasn't some GPLed code in UnixWare.

    --
    Got time? Spend some of it coding or testing
  133. We ALL have it backwards! (What's really going on) by Theovon · · Score: 3, Funny

    Actually, believe it or not, SCO is on OUR side. They've duped everyone except certain Microsoft competitors who are paying them to sacrifice themselves for the greater good. See, SCO KNOWS that they've violated the GPL by copying code from Linux, and they KNOW they're going to get run through the ringer. And that's the POINT! See, once it's out in the open that SCO has been lying, the FSF, IBM, and others will sue SCO into oblivion over GPL violations, finally testing the GPL in court and proving its validity.

  134. From /SCOsource/ by DAVEO · · Score: 4, Interesting
    Whilst checking up on a previous post pointing out SCO's characterizations of the GPL:

    The primary purpose of the GNU organization is to create free software based on valuable commercial software. The primary operating system advanced by GNU is Linux....

    I came across another page with quotes from select quotes from RMS and Bruce Perens:

    Richard Stallman

    I consider the law prohibiting the sharing of copies with your friend the moral equivalent of Jim Crow. It does not deserve respect.
    Richard Stallman, Free as in Freedom, Richard Stallman's Crusade for Free Software: O'Reilly (2002) at p. 72

    The whole GNU project is really one big hack. It's one big act of subversive playful cleverness...
    Richard Stallman, Revolution OS (DVD)

    Bruce Perens

    This is becoming a tradition. I go there and break the law every year in the name of free speech.
    Bruce Perens, explaining his plan to demonstrate how to modify DVD technology to attendees of an Open Source convention.

    We have to remember that Linux is a follow-on to UNIX. It's not just a UNIX clone. It's actually a UNIX successor.
    Bruce Perens, mpulse magazine, December 2001.




    As if the lawsuit were not damaging enough -- we have heard of businesses halting further Linux deployments due to these allegations and the lawsuit, we have high levels of FUD around people outside the open source software community in general, and Linux's, and perhaps even OSS's image is being tarnished, at least for now -- we have mischaracterizations of the nature of Linux in numerous ways, all out insults the hard work and ingenuity of the many developers who've contributed to give us a true alternative to proprietary computing by claiming they were incapable of performing such a task without corporate assistance (as if 80 to a few hundred lines of code out of about a million really gave Linux the boost from being "fringe" software to being a competitive alternative to the big boys, as stated in the first link of this post), and they are outright using character assassination on some OSS proponents with no shame whatsoever on their website.

    Now, I'm not one to be shocked when businesses show disregard for truth and ethics, but this is quite a campaign they've got going here. I, for one, would hate to see IBM buy out SCO, as it would reward acting in this sort of fashion, not only for SCO, but for companies in similar situations in the future -- I'd much rather see them either get their pants countersued off by IBM and possibly other organizations as well, or have the judge throw out their case and give them a good censuring.

    --
    -DAVEO
    1. Re:From /SCOsource/ by cant_get_a_good_nick · · Score: 1

      Richard Stallman

      The whole GNU project is really one big hack. It's one big act of subversive playful cleverness...

      Richard Stallman, Revolution OS (DVD)


      One thing to remember with the whole "hack" quote is, coming from an MIT guy (which Stallman was) it has three possible connotations.

      1) an act of breaking into something. Though most folks would use the term cracker here, SCO is probably pleased when people associate these negative connotations with Stallman's statement. The "subversive" part of the quote probably doesn't win many favors in big business or in the Bush regime.

      2) a clever solution to a problem, sometimes Quick and Dirty just to get it out, othertimes smashingly elegant. SCO probably would say that Stallman meant the first Quick and Dirty, for its connotations of low quality. Stallman probably meant a lot more of the latter.

      3) MIT calls pranks "Hacks". Well past the "shaving cream on someones hand while they sleep, feather on face to make them scratch" stage, these required inticate planning and timing. From the "playful" portion of his quite, I kind of feel Stallman meant more of this. In this case, the "hack" is on the closed source companies, which pissed him off because he couldn't get the source to change a printer driver that MIT actually had helped develop. He was further pissed off by Digital discontinuing the PDP-10, which threw MIT's computing plans a massive curveball. By making a computing system himself, he was able to bypass all these restrictions and have a useful system. The big "hack" was that this was useful, and joined his programming skills with his social views of sharing.

  135. The Sco suit made easy... dukes of hazard easy by acomj · · Score: 1
    This page explains the SCO lawsuit in a language everyone can easily understand.. I think its funny anyway.

  136. SCO should sue themselves by princeofweasels · · Score: 4, Insightful
    "We have also never contributed Unix source code to the Linux kernel," he said.

    So they claim, but install the sources from an old Cladera linux distro. Grep for Caldera and see the code they contributed. Infact they even say it's GPLed in there comments. Is it cut and pasted from Unix? I don't know I don't have the source to Unix (I don't know anyone who does? do you?). Is it the same lines that they're claiming people stole from them? I don't know that either, IANAA

    Fast forward to the present and you have SCO suing IBM about getting chocolate in their peanut butter. SCO would have a much better chance of winning if they sued themselves.

    1. Re:SCO should sue themselves by hobsonchoice · · Score: 1

      "We have also never contributed Unix source code to the Linux kernel," he said

      There is a (partial?) list of SCO's contribution to the Linux kernel on SCO's own web site: http://www.sco.com/developers/community/contrib/li nux.html

      Whether any of these contributions are "Unix source code" or other stuff, is not stated on that page.

  137. I wish this would go away before it scars by bnet41 · · Score: 1

    I hope this SCO stuff goes away before it scars the image of Open Source. The more that CIO's and the like read about these lawsuits, the more likely they are to be skitish about using OSS for risk of being sued. Who knows if that'll happen, but some of this is giving ammo to the crowd who calls the GPL and the like viruses.

  138. Re:The three axis of evil: SCO, SCO & SCO by Anonymous Coward · · Score: 0

    Mike's no threat threat to anyone:

    http://www.brandijasmine.com/fan/rcaf/

    He's stuuuuuuuupiiiiiiiiidddd.

  139. Re:Shakespeare && his Monkeys || SCO & by Oriumpor · · Score: 1
    if they can prove that more than 1% of the code (more than a million, but lets stick with a million cause I'm too lazy to hit the calc key.) that would be more than 10,000 lines of code in *violation.* If this were the case, I would agree.... BUT if SCO is jumping all over the Linux communities nuts for things that you would be hard pressed to prove two students sitting next to each other couldn't create ON ACCIDENT.

    College CS professors have programs that will check these things specifically for cheating (Even identical commenting isn't impossible, but identical spacing patterns are very very very very unlikely.)


    SO SCO give me the source you already say it's offending, so you can't take it off my CD. (I ALREADY HAVE YOUR SOURCE SCO MUHAHAHAHA.) We rewrite it, recompile, and viola any *offending* source is gone.


    Don't like that case? Then, I'll copy my Caldera Linux CDS (copied for asethetic purposes only I assure you) which I downloaded 2 weeks ago from your site: ftp.sco.com. I'll recompile (that is if your kernel will even make config.) Sue me, and sue yourself.

  140. my own story (when I were a lad...) by leonbrooks · · Score: 1

    Not so much impressed by SCO as by the box itself.

    A client rang to complain that their SCO-Unix-based ap was logging users out occasionally. I clocked on via SSH to their Linux gateway and then telnet into SCO (ugh). Couldn't see anything obvious, and I needed to go past them shortly so I dropped in personally.

    Where's the SCO box? SCO box? You know, the computer that the software for this clinic runs on? It runs on all of the computers. Is there a computer not running Windows? (thinks...) Oh, that one.

    The SCO box turns out to be under the front counter mounted vertically in an MDF (particle board, basically) box which is a close fit on the sides and leaves about 1cm at the top. There is no ventilation at the rear. The box is too hot to touch!

    I get a knife and wiggle the box out so that a few millimeters are protruding, then (the knife is hot now) switch to two notepads top and bottom. The box (still running, still in use as I do this - peak hour at the clinic - still too hot to touch) slowly wiggles out far enough that I can drop its nose onto a stool.

    I put a pad atop the box to avoid burning my arm and take a couple of bolts (screws, really) out of the back so I can get a side off. The side pops open and I can feel my hair crinkling up, it's that hot inside.

    There is no PSU fan, but the CPU fan (PPro 233?) is still pushing hot air around inside the box. I fetch a fan-heater and while doing so am told that users are no longer being kicked off at all. I direct the fan into the box and leave until close of trade.

    I have also had three or four Linux boxes continue operating without a blip well after (on the order of months) their CPU fans have died (as in, frozen solid with muck); they are called in only when the box is rebooted (power failure) and the BIOS overheats the CPU during startup. Once when I had no replacement I just powered the box down to cool, pulled the fan off and directed a fan-heater (on fan-only) at the fanless CPU until I was sure it had survived boot.

    I have never had an MS-Windows box survive for that long. They crap out while the CPU fan is still spinning quite fast.

    --
    Got time? Spend some of it coding or testing
  141. Re:Wacky Muslim unveiled by Anonymous Coward · · Score: 0

    Because like you said, they are "wacky". This issue has been
    discussed to death in the muslim world: I have listened to the
    "da'wa" tapes, and the muslim scholars came to the conclussion
    that requiring women to show their face for Passport photos was
    "Shar'i" or legal.

    This whole face-cover thing is not even required by the Quran itself
    or the Sunat of the prophet. Muslim women are required to show modesty,
    and not solicit sexual attention from men. The veil predates Islam and
    it was kept in Islam because it was the fashion at the time (also
    practical for the desert, altough some trace the vail to Greece and
    the Helenists.) The prophet is reported to have opposed anklets when
    he migrated to Medina, which the Medinite (then called Yathrib) women
    wore. Please note that there is difference between "Hijab" which is the
    head cover and the veil which is the everything-cover.

    But then, Islam is a faith and as every faith it is a very personal thing
    and up to the interpretation of the practitioner. We all have our ways
    to supplicate to our dieties, she chose to cover herself up, just like
    some of you chose to work 16 hours a day studying and tweaking "software"
    and you feel as if this thing will someday save you and/or the world and you
    percieve it to be of great value.

    I personally would applaud sister Sultana if she takes a civil stance on the
    matter, and poses for her ID photo unveiled, instead of just giving up on the
    whole issue or filing for an appeal with a different court or taking her matter
    to the Muslim populace and begging for pitty, etc.

  142. Why? by ryanvm · · Score: 2, Interesting

    This is stupid. Haven't you guys ever hear of Occam's Razor. Generally the simplest solution is the correct one.

    FreeBSD can run Linux binaries. If SCO needed a Linux Compatibility Layer or whatever, why would they illegally copy code from the Linux kernel when they could just lift whatever they wanted from the FreeBSD sources?

    Oh wait, what was I thinking? This is Slashdot - Conspiracy Theories for Nerds. Bill Gates probably broke into Linus' home himself and stole the source code for SCO.

  143. frailed edges by moojin · · Score: 1

    people of linux... i have read many posts today in which linux bretheren attack linux bretheren. i too feel many different emotions to this situation with SCO. the main thing that we have to remember that linux will survive, despite greed. linux will surve, despite SCO. linux will survive, despite microsoft. linux and open source survives and thrives because we believe in it. we spend our time nuturing it. we spend the air that we breath advocating it. linux is ours. nobody can ever take that away.

    don't allow SCO to tear the fabric of our existence.

    just my ramblings...

    --
    Why did I lurk so long before registering for a Slashdot account? I could have had a Slashdot ID of less than 100000.
    1. Re:frailed edges by The+Bungi · · Score: 1

      You forgot to say Linux will survive.

    2. Re:frailed edges by M.C.+Hampster · · Score: 1
      linux will surve

      Good, I was wondering when Linux was going to enter the "surver" market.

      --
      Forget the whales - save the babies.
  144. Counter-Sue!!!! by wardawg · · Score: 2, Funny

    Pop the Counter-Suits. IBM and Linus should make an example of SCO and put DREAD in the hearts of anyone who dares cross that line.

  145. MOD PARENT UP! by Anonymous Coward · · Score: 0

    funny and insightful

  146. It has happened before . . . by div_2n · · Score: 1

    I don't have a link handy but I am sure someone does. Code from another operating system HAS been copied line for line into Linux before. I remember some time back that someone from the BSD community was a bit upset that some of their code was copied line for line with no credit. I seem to recall it being a SCSI driver or something like that.

    I am sure it was more of a misunderstanding where someone just copied it with no hesitation because BSD is OSS too.

    1. Re:It has happened before . . . by Dr.+Photo · · Score: 1

      BSD code is perfectly GPL compatible. You can include it line-for-line, but IIRC you have to keep the copyright notice and BSD license in the file.

      See?

    2. Re:It has happened before . . . by Anonymous Coward · · Score: 0

      I assume you are not one of those people who are alway yelling "BSD license is more free, because it allows anyone to copy the code, with no conditions".

    3. Re:It has happened before . . . by Richard_at_work · · Score: 1
    4. Re:It has happened before . . . by Cyberdyne · · Score: 2, Informative
      BSD code is perfectly GPL compatible. You can include it line-for-line, but IIRC you have to keep the copyright notice and BSD license in the file.

      Only true of the newer BSD license: the original contains the "advertising clause", which is incompatible with the GPL. Alan Cox had a problem with this: he wanted to integrate a BSD IP stack (back before Linux had one), but at the time the BSD license wasn't GPL compatible. So, he wrote his own GPLed one and integrated that instead.

    5. Re:It has happened before . . . by Dr.+Photo · · Score: 1

      Except that the didnt keep the copyright notices at all.

      That makes it another can of worms entirely! :P

    6. Re:It has happened before . . . by Dr.+Photo · · Score: 1

      Only true of the newer BSD license: the original contains the "advertising clause", which is incompatible with the GPL. Alan Cox had a problem with this: he wanted to integrate a BSD IP stack (back before Linux had one), but at the time the BSD license wasn't GPL compatible. So, he wrote his own GPLed one and integrated that instead.

      Mea culpa. I should have specified "new-style BSD license." The parent post was talking about code from FreeBSD, which uses the new-style license.

    7. Re:It has happened before . . . by stripes · · Score: 1
      Only true of the newer BSD license: the original contains the "advertising clause", which is incompatible with the GPL. Alan Cox had a problem with this: he wanted to integrate a BSD IP stack (back before Linux had one), but at the time the BSD license wasn't GPL compatible.

      That must have been a long time ago. The advertising clause went away not all that long after the USL vs. BSDI suit. Definitly before the last Linux TCP rewrite, and probbably before the one before that.

      TCP stacks are hard and it's a shame Linux had to write another (at least 3 times!), but it is kind of nice to have a second reasonable quality implmentation that one can read through.

    8. Re:It has happened before . . . by gmack · · Score: 1

      The issue was headder files. The BSD guy had gone through all of the troule to reverse engineer the data structures only to find that the Linux headder structures were almost exactly the same. What he forgot in all his outrage is that there is only one way the hardware takes the structures and that Andre had signed an NDA to get them from the people who designed it.

      I don't know why this gets reposted so often.

    9. Re:It has happened before . . . by Cyberdyne · · Score: 1
      That must have been a long time ago. The advertising clause went away not all that long after the USL vs. BSDI suit. Definitly before the last Linux TCP rewrite, and probbably before the one before that.

      It was a long time ago - not only before the last Linux stack rewrite, IIRC this is how it came to be written in the first place!

      TCP stacks are hard and it's a shame Linux had to write another (at least 3 times!), but it is kind of nice to have a second reasonable quality implmentation that one can read through.

      It is a shame to see duplication of effort - OTOH, those two rewrites weren't forced by any licensing issues, but an engineering choice, so presumably they were considered a good idea by somebody. As a result, instead of one current open source IP stack, there are two - both being actively maintained and developed, and both exchanging ideas. (Sad the Linux one can't be propogated into the *BSD trees, but you can't have everything...)

    10. Re:It has happened before . . . by Anonymous Coward · · Score: 0
      I don't know why this gets reposted so often.
      Probably because Slashdot never posted a follow-up. Slashdot had an article on an alleged BSD license violation in the kernel. That's it.

      I never heard the story this way. I can definitely believe it is the truth. It seems a lot more likely. However, Slashdot did not bother to clear it up for its readers.
  147. The Open Group vs. SCO by nutznboltz · · Score: 1
    http://www.smh.com.au/articles/2003/05/23/10535856 78840.html
    "Reference to the SCO web site shows that they own certain intellectual
    property and that they correctly attribute the trademark to The Open Group.
    SCO has never owned "UNIX". SCO is licensed to use the registered trademark
    UNIX "on and in connection" with their products that have been certified by The
    Open Group, as are all other licensees," the statement said.

    "These are the only circumstances in which a licensee may use the trademark
    UNIX on and in connection with its products. Statements that SCO 'owns the
    UNIX operating system', has 'licensed UNIX to XYZ' are clearly inaccurate and
    misleading."


    A current violation:

    http://www.sco.com/scosource/linuxqanda.html

    Q: What is SVR6?
    A: SVR6 is the code name for the next-generation operating platform designed to take advantage of Web services and is the foundation of our SCOx strategy. As the owners of the UNIX operating system, it is incumbent upon SCO to advance the UNIX kernel for both 32-bit and 64-bit architectures. This will be accomplished through the support of key industry partners who will also contribute to this next-generation platform. SVR6 will be formally announced at our upcoming SCO Forum event to be held in Las Vegas, Nevada on August 17-19 at the MGM Grand Hotel.


  148. Just a recap by mindstrm · · Score: 1

    not that it really bears on the case, but as for public image, and those saying "SCO is mad because of the downfall of their unix business"... remmeber.

    THe SCO that you see now is Caldera... not the old SCO.

    The OLD company that was SCO got OUT of the unix business, and went on to do other application level things, and are doing quite well. So it's not SCO with some grudge about it's unix business... it's some new people trying to leverage some IP they thought they hade.

    1. Re:Just a recap by vidarh · · Score: 1

      You're wrong. Caldera merged with SCO, and later split what was the application division into a new company, that it sold off, and changed it's name to SCO. So the current SCO is the Unix division of SCO + Caldera. Yes, there are lots of new people, but also most of the OS people from old SCO - SCO never got out of the Unix business.

  149. Hmm. No. by mindstrm · · Score: 4, Informative

    This is a common mistake people make when looknig at the situation.

    If they distribute code derived form a GPL work, they aer not BOUND by the gpl; they are BOUND by copyright law, and the copyright holders who's rights are being violated can sue. The GPL is simply something they could cite to demonstrate they had permission to do what they do.

    IT's not a GPL violation, it's code theft. There is a difference.

    Yes, there is a clause in the GPL that says "By distributing siad work, you accept this license"... but that can only apply if you have READ the license in the first place. So it's dodgy.

    1. Re:Hmm. No. by BlackHawk-666 · · Score: 1

      By default all rights to written works (software included) default to the author. In Australia at least, all you need to do to make software copyrighted is to place a small label on the packaging and again when the software starts up. Easy. Placing said notes in code would be sufficient for it to be considered copyrighted, even if the infringing party claims they haven't read that notice, they are still held to it.

      --
      All those moments will be lost in time, like tears in rain.
    2. Re:Hmm. No. by theLOUDroom · · Score: 1
      that can only apply if you have READ the license in the first place. So it's dodgy.

      I wouldn't be so sure about that. If somene hands me a paper contract and I sign it, but don't read it, am I not bound by it? I doubt it.

      SCO knowingly distributed their proprietary code with GPL'ed code there are three possibilities:
      1. It can be argued that SCO did not accept the GPL, and was only comitting copyright infringement. If this was accepted, their code wouldn't immediately be GPL'ed, but the settlement could very well do so. Besides, it's pretty obvious that SCO knew the terms of the GPL, so I'm not sure that a judge is going to accept "We didn't really accept the contract that it looks like we did becuase we were actually just distributing the code illegally." It's obvious that the copies of the Linux kernel they distribute(d) were under the GPL, if you look at the copyright notices that they included. I don't think they can retract those notices.
      2. It can be argued that SCO knowingly did this, and therefore accepted the terms of the GPL. Hey, the only copyright notice there is the GPL one. If you want to release your code under different terms, it would make sense to include those terms right?
      3. It is decided that they are both infringing on copyright and violating the GPL. I see this as a pretty good possibility. If I had a paper contract with you, guaranteeing me certain penalties if you infringed on my copyright, I could reasonably expect both those penalties and those I could get suing you for copyright infringement.


      Think of it this way:
      I rent you a house.
      The lease provides specific penalties for either party breaking it's terms
      I later decide that I want to keep part of this house for myself.
      I decide to say "Just kidding about the lease. I didn't really accept it, even though did everythign necessary to give the impression that I did. All you can do is sue me for fraud."
      At this point you can sue me fraud, and for the penalties provided in the lease. I think you could win both lawsuits.
      --
      Life is too short to proofread.
  150. Suing for 2G....Hmm by stevew · · Score: 1

    Does that mean that Linus will finally get rich off of Linux?

    --
    Have you compiled your kernel today??
    1. Re:Suing for 2G....Hmm by BlackHawk-666 · · Score: 1

      He already did, thanks to Redhat generously giving him a million dollars in shares ;-) It's in his book "Just for Fun".

      --
      All those moments will be lost in time, like tears in rain.
  151. SCO Used Linux Kernel Code by hackus · · Score: 4, Interesting

    And exactly why is this news of worth?

    The IP laws fundamentally work against Open Source.

    Any company can extract code from an Open Source project, such as Microsoft and then incorporate it into its product.

    As such, IP law protects the company from this sort of illegal appropriation because of disclosure rules governing IP law and the DMCA act.

    What we need, is something akin to the BSA and SPA. A "tattel-tale" website.

    SPA encourages employees to tell on thier companys if they are pirating binaries.

    Why don't we have such a website that allows employees to tell on companies that pirate GNU Source Code by incorporating it into thier products, and not contributing the changes back to the community?

    After all, do to the enourmous amount of corporate corruption in the US, under the table political manuevers our #1 enemy is doing, there must be a huge number of burned out pissed off Microsoft/ACME employees out there.

    We only need one.

    Rewards would be part of the legal settlement, should money be awarded.

    -Hack

    --
    Got Geometrodynamics? Awe, too hard to figure out? Too bad.
  152. You are being mistaken by Mensa+Babe · · Score: 5, Informative

    This could be the case that tests the GPL. We *need* this and should embrace it. It will put to the death once and for all the FUD that Open Source licenses won't pass legal muster.

    There is no need to prove the legality of GPL. If it was invalid, or if someone doesn't want to agree with its terms (because no one has to accept GPL, as it is stated in the GPL itself -- you don't have to sign it, after all) then the only rules there are, are those imposed by the copyright law, which makes it illegal to distribute copyrighted works. If anyone wants to distribute GPL'ed software while saying that she doesn't agree with the GPL, or while questioning its legality, then all she has is a copyright law, which clearly states that what she's doing is illegal. I have posted a comment about it, but it has only Score:2, so obviously no one has read it. Basically, if SCO thinks GPL doesn't mean anything from the legal point of view, then, after rejecting the GPL, when they look at the Linux kernel, what they have is just a piece of software with "Copyright (C) 1991-2003 Linus & Co. All right reserved."

    --
    Karma: Positive (probably because of superiour intellect)
    1. Re:You are being mistaken by Anonymous Coward · · Score: 0
      I have posted a comment about it, but it has only Score:2, so obviously no one has read it.

      Obviously? Maybe there is another explanation. Maybe your comment just sucked. Moderators, anybody got some overrated points left, because even at 2 is has more points than it deserves... Keep your positive mod points for the insightful response to that comment...

    2. Re:You are being mistaken by Surak · · Score: 1

      IANAL, but you're right ot say that the only thing that allows you to distribute a GPL program is the GPL. From the license:

      5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

      However, in contract law, if *part* of a contract is held to be invalid, the court does not have to make the WHOLE contract invalid. The court can say "this part doesn't fly" and the rest does. Having the GPL tested in court is important, because a court *can* say: "Well, you can certainly waive your right to control distribution of this product, but this part about the GPL being a viral license doesn't fly with this court."

      I'm not saying a court *will* say that, but anything's possible. Anyway, that's the part a lot of people spreading FUD about the GPL are saying wouldn't fly in court -- the viral nature of the license. I'm, in fact, betting that court will say "of course the GPL is totally enforceable in whole," in which case the FUD mongerers will have to just shut their mouth.

    3. Re:You are being mistaken by Anonymous Coward · · Score: 0

      However, in contract law, if *part* of a contract is held to be invalid, the court does not have to make the WHOLE contract invalid. The court can say "this part doesn't fly" and the rest does. Having the GPL tested in court is important, because a court *can* say: "Well, you can certainly waive your right to control distribution of this product, but this part about the GPL being a viral license doesn't fly with this court."


      IANAL, but without a severability clause the Judge would have to nullify the whole contract, which would then revoke the license to the code and make all copies illegal infringement of copyright.
  153. Off topic: On finding the SCO code used in Linux by EreIamJH · · Score: 3, Interesting

    It'll be hours before Slashdot posts a another story about the SCO litigation, but I can't wait to ask a question, so a post to this story will have to do.

    Presumably if IBM really submitted a bunch of code that they had ripped off from SCO, then there would either be a huge single posting of the code to LKML, or a tight bunch of smaller postings.

    So, has anyone identified postings to the list on behalf of IBM that look suspicious?

  154. Eric Raymond an idiot?! Are you insane?! by Anonymous Coward · · Score: 0

    Would an idiot be able to screw Richard Stallman to get $36 million dollars out of the Free Software Movement, just after calling the old movement his very own, new "Open Source" Movement, leaving Stallman with nothing, a big $0 dollars? (Go figure.) I'd rather call him a GENIUS. And now he's rewriting the history, changing the jargon, and redefining the official hackers' ethical and political rules. I wonder what's he's up to this time. I wonder when we'll read in the Jargon File that every hacker on earth is a gun fanatic. He's my hero.

  155. Possible Suggestion! by hackus · · Score: 4, Interesting

    Something I sent to Slashdot Editors a few days ago...

    Didn't get any bites though.

    I think it would be a good idea, to bring a class action lawsuit against SCO.

    I think we should use slashdot as a place to organize such a lawsuit.

    For the following reasons:

    1) I think technically, this lawsuit given the recent changes in management at SCO, involves fraud. That is, the companies officers know privately they do not have a case against Linux, and are fraudulently misleading thier investors/shareholders too personally enrich themselves with regards to stock price using a lawsuit to falsify product value to said shareholders/stock holders.

    This is due to the recent in jump in SCO's stock price. The company simply isn't worth the current stock price, historically and is therefore artificially inflated.

    2) Technically, I think, from the perspective of most Linux Kernel developers, including myself and SCO's own development group, that SCO may have abridged GNU code illegally. If this wasn't the case, I don't believe SCO would have continued to sell thier own distro after they committed the lawsuit.

    The suit should include full disclosure of all SCO source code. Furthermore, seperate suits should be filed against SCO should GNU software be found in thier kernel.

    3) The suit is affecting the industry, consulting firms, companies in real, economically negatively, in a measurable way. Customers are being lost, companies are having to spend money to switch, or consult legal people. This is all because of SCO's suit.

    We do not need to wait to the end of this suit, we can file class action suit immediately to get damages/satisfaction.

    I also believe that if we ajoin the company officers in #1, we should be able to file a seperate lawsuit against each officer of the company, and not just the company as a whole.

    I think, we should use slashdot as a place to:

    1) Ask people to generate documentation. Documentation of an official nature, which supports points 1-3. For example if you are a consultant, and you lost a job based on SCO's injunction and public statements, ask the customer to write a letter detailing the loss of business because SCO makes Linux too risky.

    2) Internally, if you are working for a company, obtain permission to use corporate Email disclosures for any migration plans away from Linux.

    3) Detail any personal damages as a result of not being able to make medical insurance payments, bankruptcies, or personal financial hardship as a result of the loss of business as a direct result of SCO's pending lawsuit and its affect on your salary/business.

    I would be happy to help organize my time with regards to this, and would encourage anyone to Email from Slashdot as to how to proceed.

    Please post.

    Afterward, we can begin the process of selection of legal counsel once we organize.

    -Gregory Carter
    -CEO
    -Applied Engineering Software Group
    -gcarter@aesgi.com

    --
    Got Geometrodynamics? Awe, too hard to figure out? Too bad.
    1. Re:Possible Suggestion! by Guardian+of+Separate · · Score: 1

      I am sorry, but I do not think you will gain much support for your lawsuit unless you learn to spell "separate" properly. It's separate, not seperate.

      You are offender #2 thus far on Slashdot, and my crusade continues!

    2. Re:Possible Suggestion! by m1chael · · Score: 0

      you must feel so good about yourself right now.

      --
      I know you are psychotic, but please make an effort.
    3. Re:Possible Suggestion! by internet-redstar · · Score: 1

      If one takes a look at the insider trading at SCO one can find out that the last insider trader was Bawa Opwinder, Senior Vice President, Engineering and Global Services, who sold 23k shares on 6/5/2003.

      Maybe there's a relationship between the moves of this individual, but jumping to conclusions about the motivations of the entire executive team seems jumpy to me.

      I personally think they blundered quiet a lot, but they probably guess this suit can have the same effect on them as the antitrust case.

      Anyway, the responsible lawer(s) did a lucrative thing by selling this to some individuals who really didn't have a clue what else to do.

      I would recommend to wait for IBM to countersue. Any 'cease and decist' letter from SCO would have lead to compliance within minutes or hours, in the case code was actually copied from SCO to Linux.

      As all the source code in the Linux kernel states who is the Copyright owner, one or several individuals (or companies) can be held responsible for those 80 (or more to come?) lines. The patents remained with Novel according to their statement, so this is purely a copyright case...
      No judge will believe 80 lines of code can be vital for a 'program' this size (linux kernel), and lots of points raised by ERS (and more) come into play as well - in the assumption that SCO really had these lines first.
      If SCO thinks IBM wins the most from Linux, why not wait for their reaction on this FUD?

    4. Re:Possible Suggestion! by bayofpigs · · Score: 1

      I was suggesting a faster way, an injunction like in Germany, but the editors seem much more interested in silly game controllers than really defending OSS. Random chants is what seem to make /. tick in their opinion, not building actual consensus, or they are incapable of that. I got a canned response from Rob Malda for a general rejection explanation, and no help at all w.r.t. to OSI/FSF mobilization... doesn't matter. Now, the idea is to mirror German's Univention's achievement: find any serious Linux player whose business is damaged by SCO's FUD, among those 1,500 blackmailed by SCO extortionists; inspire them to sue SCO; sue and ask for imemdiate injunction against SCO, punishable by a fine -- 250,000 euros in Germany.

      --
      Should computers be able to parse the phrase "police police police police"?
    5. Re:Possible Suggestion! by huddles · · Score: 1

      I wish you could get your friend, Guardian of Than, to visit the Slashdot forums...

      Joe

  156. Not no. (-: by leonbrooks · · Score: 2, Insightful
    but that can only apply if you have READ the license in the first place.

    If the file containing the code you stole has prominent text in it referring you to the GPL (as recommended by the FSF), then you are deemed to have been responsible for reading the GPL before using the code.

    --
    Got time? Spend some of it coding or testing
    1. Re:Not no. (-: by chefren · · Score: 1

      No you are not. But if you haven't read the GPL you have to assume you don't have *any* rights to the code in question. The GPL grants you those rights. Either you use the code according to the GPL or you don't use it at all.

  157. This reminds me of an old Reases commercial by waterford0069 · · Score: 2, Funny
    Guy 1: Hey you got SCO in your Linux

    Guy 2: Hey you got Linux in your SCO

  158. Hilarious rejoinder from SCO by leonbrooks · · Score: 1
    Quoting "SCO spokesman Blake Stowell" in The Seattle Times:

    "There has never been a time where Unix as an operating system has been licensed in an open-source way. It's always been protected."

    This from the inheritor of AT&T code which lost a lawsuit against BSD; from the company which (as Caldera) worked for more than a year on "unifying" Linux and its own (more or less) Unix; from the company which earlier this year released the "Ancient Unix" sources.

    Time for the padded walls and do-up-at-the-back jackets. Or a fraud suit. Or possibly both. (-:

    --
    Got time? Spend some of it coding or testing
  159. Next time, please credit Bill Hicks by Overly+Critical+Guy · · Score: 4, Informative

    I'm sure as a comedian he would've loved you stealing his joke from "Relentless."

    --
    "Sufferin' succotash."
    1. Re:Next time, please credit Bill Hicks by FauxPasIII · · Score: 1

      >> I'm sure as a comedian he would've loved you stealing his joke from "Relentless."

      I get all my material from Bartcop.com. Maybe he's stealing from Bill Hicks ;)

      --
      25% Funny, 25% Insightful, 25% Informative, 25% Troll
    2. Re:Next time, please credit Bill Hicks by _Sprocket_ · · Score: 1, Offtopic

      Rumsfeld himself used this line when discussing the entire WMD issue - pre-invasion, I believe. I'm sure Bill Hicks would have loved hearing the Bush administration using his material too.

    3. Re:Next time, please credit Bill Hicks by nagora · · Score: 2, Informative
      I'm sure as a comedian he would've loved you stealing his joke from "Relentless."

      Since when was a simple statement of the facts a joke? Rumsfeld arranged the sale of several types of plague, plus Anthrax and West Nile Virus, to Saddam, so what's the joke in pointing this out?

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    4. Re:Next time, please credit Bill Hicks by csguy314 · · Score: 0, Offtopic

      Since when was a simple statement of the facts a joke?

      Facts? What facts? Just because they shook hands, and then CIA director Bush Sr. approved biological weapons shipments, and the US and other security council countries ripped out thousands of pages of information from Iraq's report which detailed all weapons in the country; that doesn't mean the US actually *gave* Iraq any weapons. Rumsfeld himself said he believed the US didn't give any such weapons in front of a senate committee; he couldn't have been lying could he? Could he?

      --
      This is left as an exercise for the reader.
    5. Re:Next time, please credit Bill Hicks by bheerssen · · Score: 1

      It's funny because it's true. - Homer Simpson

      --
      (Score: -1, Stupid)
    6. Re:Next time, please credit Bill Hicks by nagora · · Score: 1
      Rumsfeld himself said he believed the US didn't give any such weapons in front of a senate committee; he couldn't have been lying could he?

      No, he was telling the truth. The us SOLD the WMD, they'd never *give* that sort of thing away.

      Of course they did lend Iraq the money to pay for them. I wonder if they ever paid it back?

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    7. Re:Next time, please credit Bill Hicks by Overly+Critical+Guy · · Score: 1

      It doesn't matter if it was a joke or "simple statement of the facts" which are blatantly unproven.

      It's a Bill Hicks joke. Made famous in his act on the "Relentless" album.

      Next.

      --
      "Sufferin' succotash."
    8. Re:Next time, please credit Bill Hicks by Master+of+Transhuman · · Score: 1

      They're paying it back now, apparently...Third gold shipment worth scores of millions of dollars intercepted the other day...

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  160. Article seems bogus by Anonymous Coward · · Score: 3, Informative

    The quoted "source" does not seem to know much, or talk like a sane kernel hacker would.

    "We were even surprised by the identical variable names of both codes !!" Honestly, who talks like that?

    And socketcall() is listed as an example of a syscall that is "fairly hard to wrap." socketcall() is a cheap socket API syscall... Most UNIXes have socket(), listen(), send(), sendto(), etc., all as different syscalls, but not Linux. Linux has:

    int socketcall( int call, unsigned long *args );

    "call" is an integer representing which socket syscall. "args" is effectively a stack pointer..

    Now... This call is INSANELY easy to wrap. Create a table of function pointers:

    void *funcs[] = { sys_socket, sys_connect, ... };

    Then, essentially, copy "args" to the stack, and call funcs[call], after verifying that "call" is legal and good... This could be done with a touch of assembler that manipulates the stack pointer. Or, you could do it the long way in straight C, the way the Linux kernel itself does.

    This would all be very little work. I don't even know much about kernels and I could do it. For that to be described as "hard" is a bit much.

    I can think of a lot of other places in the Linux syscall interface that are much harder to wrap than "socketcall()"... Also, it shouldn't surprise anyone that most syscalls map one-to-one across 2 different types of UNIX systems. It's that way for a reason.

    This article is... Somewhat confusing... And by all means, sounds bogus.

    1. Re:Article seems bogus by pclminion · · Score: 1
      void *funcs[] = { sys_socket, sys_connect, ... };

      That should be:

      void (*funcs[])() = { sys_socket, sys_connect, ... };

    2. Re:Article seems bogus by Anonymous Coward · · Score: 0

      A pointer is a pointer. You could cast that to whatever you need. Or, if you do it in assembly, you don't have to care about what kind of function pointer it is, or what it needs on the stack.

      The Linux kernel doesn't use an array of function pointers for socketcall(). It does a switch(call), then copies all the args by hand, and passes them, the C way.

      What I was talking about was doing it in assembly... Have a table of pointers. Copy args to stack, do call instruction ... Much simpler than doing it in C.

  161. My Vow by Thing+1 · · Score: 0, Troll
    I'm tired of this "The comments are the same" shit.

    Well, this comment's the same. It's "My Vow," as seen here. (By the way, I got 50% Troll, 50% Interesting. Let's see if I can do better this time. ;-)



    I vow to post these instructions every time an article on SCO comes up.

    My Favorite, from the other night. Put the following in the file get_sco.sh and then "chmod u+x get_sco.sh":

    #!/bin/sh
    wget -r -O /dev/null ftp://ftp.sco.com
    This will download their entire FTP site (to /dev/null of course).

    Put it in a loop if you really want to hurt them:

    while true ; do ./get_sco.sh ; done
    Report back when the site's down.

    This works on the bash shell, which is the default under Cygwin on Windows -- so Windows users can help also.
    --

    --
    I feel fantastic, and I'm still alive.
    1. Re:My Vow by I+Have+No+Moose · · Score: 2, Funny

      Certainly I have better things to waste my bandwidth on.

      PORN!

      --
      Freedom is still the most radical idea of all.
    2. Re:My Vow by OrangeTide · · Score: 1

      Oh no. Let's DoS their FTP server. WHO CARES.

      You are the 2nd biggest idiot on slashdot now.

      The attitude of "I am too ineffective to help in a mature way, let's just be children and destroy what we don't like" is pretty irratating.

      --
      “Common sense is not so common.” — Voltaire
  162. Dissent in the Camp by Beatnick · · Score: 3, Insightful

    Apparently someone on the inside knows a lot
    and really hates the way SCO is trampling on
    the community.

    Isn't it nice how they can look out our hard work
    and no one is allowed to look over their shoulders?
    Kudos to this brave soul who took a stand but I suggest
    watching your back.

  163. Article doesn't add up by Anonymous Coward · · Score: 5, Informative
    I've heard that things often get lost in translation when talking to journalists but there are some elements in this article which just plainly don't sound consistent.


    Especially to any one who worked as an engineer at SCO.


    My suspicions were raised by the quote:

    The source, who has seen both the Unix System V source code and the Linux source code and who assisted with a SCO project to bring the two kernels closer together, said that SCO "basically re-implemented the Linux kernel with functions available in the Unix kernel to build what is now known as the Linux Kernel Personality (LKP) in SCO Unix."


    Unless they were a real newbie no engineer who worked at SCO would refer to SCO Unix because this would be internally confusing. SCO had two flavours of unix - SCO Openserver and Unixware.


    LKP was really an enhancement on the basis of the lxrun application developed originally by Mike Davidson - I think Sun now doesn't some work with this - also I think it is open source. By implementing a system call trap handler you can implement a system call handling interface for our linux binaries. The LKP was really about making this system call handling and environment emulation more realistic and efficient. You don't 'necessarily' need to put parts of the linux kernel in your kernel to do this.


    It is also quite suprising how much lxrun could actually do without all the LKP stuff.


    I get the impression that the 'SCO source' didnt really understand how this emulation worked.


    This statement is dodgy: Parts of linux were copied in to "The Unix System V tree".


    Presumably this refers to OpenServer, it certainly doesn't refer to Unixware. This is inconsistent because UnixWare is OS on the LKP was implemented - and it certainly would not be refered to as Unix System V.


    The facts seem a bit muddled to me. It might be that the engineer was telling truth but some facts got lost in translation - and just don't ring true to me. I left SCO before the LKP project was in full flight and I guess they would want to engineer some system calls into the kernel.


    There was a lot of crap (usually ignorant or laughably incorrect) on slashdot about SCO before all of this stuff happened. But I do know that SCO had plenty of customers who were very happy with the products and that it was a great place to work.


    And by the way, I and no one I've talked to since have seen any Unixware source in the Linux kernel.


    Its a massive shame to me that a decent company was taken over by the bandits and shysters called Caldera. It beats me why they had change the company name back to 'SCO' before launching this pointless action.

  164. Ever heard about POSIX compliance? by Sigurd_Fafnersbane · · Score: 1

    Since both Linux and Unixware are supposed to be POSIX compliant it is not so strange that the system calls are similar. That is actually the whole purpose of POSIX compliance. The thing is how the system calls are implemented.

    Most likely both the guys writing for SCO and the guys writing for Linux would use the variable names used in the POSIX spec which are most likely enherited from the BSD/SysV implementation.

  165. Eric Raymond an idiot?! Are you insane?! by Anonymous Coward · · Score: 0

    Would an idiot be able to screw Richard Stallman to get $36 million dollars out of the Free Software Movement, just after calling the old movement his very own, new "Open Source" Movement, leaving Stallman with nothing, a big $0 dollars? (Go figure.) I'd rather call him a GENIUS. And now he's rewriting the history, changing the jargon, and redefining the official hackers' ethical and political rules. I wonder what's he's up to this time. I wonder when we'll read in the Jargon File that every hacker on earth is a gun fanatic. He's my hero.

  166. PLEASE READ THIS by Anonymous Coward · · Score: 0


    We think this is doable, but need SCO code to do this. If anyone has that carppy OS, please contact us:

    recompilesco@yahoo.co.uk

    we will find a way to download the OS anonymously.
    if we see it is getting anywhere)

    (ok, not very legal, but we will make it legit

    1. Re:PLEASE READ THIS by Anonymous Coward · · Score: 0

      just want to mention that there are more clever ways than comparing the binaries right up (you can convert assembler code to pseude-C using some free programs).

      the process of comparing the binaries could be failt automated this way!

      Anyone have access to x86 UnixWare (or what ever they claim the code to be stolen from)????

      of course, even if it works, this doesn't _prove_ anything. but gives IBM/the linux community a _huge_ advantage of knowing the offending code before they enter the court!!

  167. *MOD PARENT UP* Re:PLEASE READ THIS by Anonymous Coward · · Score: 0

    MOD PARENT UP!

  168. Another definition forgotten by Anonymous Coward · · Score: 0

    SCrOtum : something that could be painful if grabbed suddenly

  169. Same compiler.... by Tony · · Score: 1

    Look, everyone! Of *course* you'd use the same compiler, same optimisations, etc. SCO would have a well-documented compiler chain and methodology. If IBM has licensed the code, chances are they have received the build tools as well.

    Plus, the burden of proof is on SCO. Make them compile the code in a well-monitored environment. This seems to be the only way to "prove" the code was in UnixWare before it was in Linux.

    That is, unless there is some historical repository of SCO code that is both legitimate and trustworthy...

    --
    Microsoft is to software what Budweiser is to beer.
  170. Funny post ^ by Anonymous Coward · · Score: 0

    That post was so funny, lol
    Thats what we call elsayed-lingo here in sweden

  171. And I vow... by bazmonkey · · Score: 4, Insightful

    To mod you down somehow each and every time I can.

    We're not children, and most of us know that crashing SCO's site intentionally does nothing but demonstrate that we too can be cocks.

    1. Re:And I vow... by Anonymous Coward · · Score: 0

      ...but most slashbots *are* cocks. They want to pirate mp3s and pr0n and that's about it. It's a sad fact.

    2. Re:And I vow... by pheared · · Score: 1

      They want to pirate mp3s and pr0n and that's about it.

      Haven't you been paying attention? It's called sharing mp3s and pr0n.

  172. project re-compile SCO by Anonymous Coward · · Score: 0

    Under EU law, it is legal to reverse engineer software and hardware for research purpose.

    we are trying to setup a project group, anyone intressted?

  173. They're pulling a Bart Simpson by The+Kryptonian · · Score: 1

    "I didn't do it, and besides nobody saw me and you can't prove a thing."

    1. Re:They're pulling a Bart Simpson by iapetus · · Score: 1

      Um. But I can prove it. There are chunks of up to 80 lines of code that are the same as they are in Linux, down to the comments. Hang on a second...

      --
      ++ Say to Elrond "Hello.".
      Elrond says "No.". Elrond gives you some lunch.
    2. Re:They're pulling a Bart Simpson by The+Kryptonian · · Score: 1

      First, yeah, I know about the 80 lines of code with the comments. I'll stipulate to that.

      My point was that they're saying "we didn't do it and besides nobody saw us doing it". It sounds a little too much like a kid caught with his hand in the cookie jar.

      My second point is, "They're trying to sue the entire planet over 80 lines of source code??" Am I the only one who's outraged about this?

    3. Re:They're pulling a Bart Simpson by iapetus · · Score: 1

      Yup, I realised that. I was going for a sort of comedy thing, by saying "I can prove SCO stole code from Linux - some of the code is the same" and referring to the same proof that they're offering that Linux stole code from SCO.

      Obviously now I've explained it, any vague residue of comedy that may once have resided in the post has died a hideous and painful death.

      Sorry.

      --
      ++ Say to Elrond "Hello.".
      Elrond says "No.". Elrond gives you some lunch.
  174. Caldera/SCO by aCC · · Score: 1

    Must. Remember. To. Sell. My. Worthless. SCO. Shares.

    I will even lose money selling them because of the fees, but I don't want to support anything they.

    I always thought Caldera was quite decent, but SCO changed all this.

  175. All wrong! by RoLi · · Score: 1

    It's more like that: - Hey, Johnny stole something from me - Huh? What? - Something. - So what did he steal? - I won't tell anybody. - Hmmm, so what shall we do about that now? - Punish him! Punish him! - But you won't tell me what he stole. - I won't tell, but it's worth a billion of dollars. - Huh.

  176. Re:Hurting Sales? by Anonymous Coward · · Score: 0

    Has this whole thing started hurting SCO's sales yet or not? Any idea how to figure out the sales figures over the last couple of months? Anyway, their days are numbered whatever happens.

  177. You don't see the big picture by varjag · · Score: 1

    To try to prevent distribution based on 80 lines of code of a program with thousands of lines is ridiculous.

    Hey, these 80 lines of code comprise the tremendous SCO innovation that made Linux enterprise-ready! They worth a billion dollars!

    Personally, I think that SCO should license the code snippet in question. Then, developers could just cut and paste it into their products to assure their scalability and instant enterprise-readiness.

    --
    Lisp is the Tengwar of programming languages.
  178. You didn't understand by Mensa+Babe · · Score: 1

    I have posted a comment about it, but it has only Score:2, so obviously no one has read it.

    Obviously? Maybe there is another explanation. Maybe your comment just sucked. Moderators, anybody got some overrated points left, because even at 2 is has more points than it deserves... Keep your positive mod points for the insightful response to that comment...

    Actually, what I meant was, that my comment had only Score:2 and for that reason no one had read it, not the other way around. When there are few hundreds of comments with Score:2, most of readers will set higher threshold. What can I say... I am very sorry that you misunderstood me, and I am even sorrier that your comment was so rude and childish. Next time please try to calm down and post nicer comments. Offensive rhetoric and vulgar words don't make your comments sound more intelligent. I am sorry that you didn't find my comment interesting or worth reading, but you could say it in some nicer way, offending me was at least unnecessary.

    --
    Karma: Positive (probably because of superiour intellect)
  179. Did anybody notice the arrow from Linux 2.2.16 by kompiluj · · Score: 3, Informative

    You can clearly see on http://www.sco.com/scosource/unixtree/unixhistory0 1.html an arrow drawn from Linux 2.2.16 kernel to the SCO UnixWare. Unfortunately you don't see any arrow going the other direction :). Check out http://www.levenez.com/unix/history.html for a non obfuscated version of the graph.

    --
    You can defy gravity... for a short time
  180. To administrators of this forum: by Mensa+Babe · · Score: 1

    I'm sorry but I don't really think such texts like this answer to my comment are appropriate, to say the very least. This forum could be read by minors. I, as an adult, feel insulted and disgusted. I'm sure everyone here will agree with me, that we should not tolerate such behavior.

    --
    Karma: Positive (probably because of superiour intellect)
    1. Re:To administrators of this forum: by Anonymous Coward · · Score: 0

      Well I, like most people, have my threshold set above -1, and so wouldn't have seen it if you hadn't brought it to my attention. It seems to me that the moderation system worked in this case.

    2. Re:To administrators of this forum: by dylan_- · · Score: 1
      I am a proud member of MENSA. I hate sexiest men, who are afraid of intelligent women.
      Member of MENSA you may be, but I'm pretty sure you meant "sexist". Unless, of course, you really dislike sexy men...
      --
      Igor Presnyakov stole my hat
    3. Re:To administrators of this forum: by oliverthered · · Score: 1

      You are trolling arn't you?
      Are you really a babe?
      are you a member of mensa?
      or just a good troll?

      I would have laughed when I was a minors, what are you protecting them from anyhow?

      --
      thank God the internet isn't a human right.
    4. Re:To administrators of this forum: by Anonymous Coward · · Score: 0

      Slashdot is crawling with idiots. Just ignore them.

    5. Re:To administrators of this forum: by Mensa+Babe · · Score: 2, Insightful

      Slashdot is crawling with idiots. Just ignore them.

      You are right, thank you. I'm trying to add every one of them to my "freak" list, but it's not easy, when I'm still being insulted by some new ones... Thank you for good word, though.

      --
      Karma: Positive (probably because of superiour intellect)
  181. S.C.U.M. by coder101 · · Score: 1

    Actually S.C.U.M. stands for Society for Cutting Up Men. It was active in the 70's, and a member shot Andy Warhol, who survived.

  182. Just wondering... by MrKinkade · · Score: 1

    ... I've used neither CVS nor Bitkeeper, but doesn't either of these systems keep track of all those who contribute code? I mean, it would seem a little silly if you didn't keep a log of all activity. (Even if it's just for historical purposes). If that's true they could just go back and find the guilty party. Atleast that would mean only one person would be to blame and take the heat instead of a throwing everyone into question. Or maybe it would prove who had the code first?

    1. Re:Just wondering... by snofla · · Score: 1

      The problem is that the main linux developers switched rather late to a revision control system, so individual "commits" before a certain time are rather difficult to trace back to their origins. And I wouldn't say that Linus' or Alan's ChangeLogs are pretty informative... (Sure, there were some CVS trees here and there - like for ext3).

      --
      i don't like style guides
  183. SCO by Anonymous Coward · · Score: 0

    I'm just so getting tired of this topic.

  184. Re:A better way - how to get that by Anonymous Coward · · Score: 0

    How can I get one copy of that "visual diff tool" ?... or can you suggest others ?

    I will do that comparision myself...

    And surprise I have *other* sources...

  185. MOD PARENT UP, please by Anonymous Coward · · Score: 0

    mods, please have a look at the parent post. It has been both modded up +5 and modded down -5. It is clearly interesting to this discussion, though obviously controversial.

  186. If you can;t follow logic arguments... by jotaeleemeese · · Score: 2

    ... it is not our fault buddy.

    The claims are that the Linux developpers have no way to had come with a polished OS without external help of somebody like IBM.

    The fact that SCO offerings lack loads of features that the alleged infringing product has should make anyone suspicious.

    --
    IANAL but write like a drunk one.
  187. I bet the header files are a real treasure trove.. by oliverthered · · Score: 1

    You can't copyright facts.
    header files contain facts and not function or art (except for any comments I suppose).

    --
    thank God the internet isn't a human right.
  188. I think we just said the same thing by leonbrooks · · Score: 1

    ...in different ways. "If you use the code, you are assumed to have read the GPL pointed to in it" vs "you can't use the code unless you've been granted rights to by the GPL".

    --
    Got time? Spend some of it coding or testing
    1. Re:I think we just said the same thing by arkanes · · Score: 1
      It's a fine point, but the GPL covers only things that you do not normally have the rights to under copyright law (basically, distribution and distribution of derived works). If you don't want to do these things, then you can ignore/delete/whatever the GPL. If you want to do these things, and you haven't read the GPL, you're violating copyright law. If you HAVE read the GPL, then you're granted a license under it's terms. If you break the terms, your license is revoked (some interpetations of the language revoke your right to ALL GPL code, which would be a good punishment for someone like SCO...) and you're then in violation of copyright law again.

      Just to make clear what "using" the code means.

  189. Re:The three axis of evil: SCO, SCO & SCO by Anonymous Coward · · Score: 0

    who's evil Mike?

  190. narrowmindedness unveiled by Anonymous Coward · · Score: 0

    from what I've read, there are good legal reasons for allowing women to present photo id in Muslim countries, e.g. when appearing in court, but the situations are not analogous. In the U.S. idcards are used for many routine transactions, and any cop on the beat will ask for your id without a second thought.

    imo the court's interpretation of the evidence was prejudicial.

    it's as if finding that Linux, Apache and Mozilla were open source, therefore there shouldn't be a problem with making any and all software open source.

    This decision can't but be a setback for civil liberties.

  191. SCOSource by Kyoya · · Score: 1

    Has anyone looked at the SCOsource page. They include a section of edited qoutes from "Linux Leaders". I say that because they use Stallman who's not really involved with Linux but GNU. The qoutes are all slanted to make Linux developers look like criminals. Now wouldn't this bit a nice sense of cosmic justice if the reverse is actually found to be true.

    --
    To strive, to seek, but not to yield
  192. Re: Moderation / Thoughts On Mensa (OT) by @madeus · · Score: 1

    I would hope someone who claims to be a member of Mensa[1] would also have read the FAQ and realised that administrators (Roblimo, Taco, et al) do not remove posts form this forum ( see this FAQ article).

    The comments are entirely unwarrented, but not uncommon, social misfits abound on /. and are 'part of the furniture'. /. would be better served to print the IP address of all posters than to moderate by removing offending posts, but even that would mean we lose the occational invaluable anonymous post (made by users who fear prosecution, retibution or harresment for posting sensitive information).

    -- Comments on Mensa --

    [1] (This is entirely off topic, and not intended as a Troll.) I believe Mensa is an entirely undesirable institution created in the 1940's by English upper middle members of society FOR upper middle class members of society, to provide a comfort layer of separation between the great British middle classes and the oiks that make up the vast majority of the population. Though an on-going thread through-out the history of many cultures, is was something that was a particular worry for the British middle classes in years following the end of World War II (where well intentioned thoughts were turning to new world order, and on ways to achieve it, as evident not least from literature and media produced at the time).

    I believe that distinction and separation of individuals by characteristics that are predominantly outside of there control (and so for all intents and purposes may be considered 'genetic', though that literally might not be the case) is utterly undesirable and is damaging to society as a whole. In the longer term, is equally as damaging as the separation of individuals based on any other physical characteristic (such as skin colour), but unlike distinction of individuals based of visible genetic differences it's far more subtle.

    It's also evident to me that existing measurements of intelligence (including the systems used by Mensa) are dubious to say the least - measurement of an individuals ability to solve problems is useful (as are measurements of there numbers and literacy, which are often part of such tests), but they not a useful factor in determining the actual intelligence of an individual, as this relies to a myriad of other intangible factors (factors that are technically quantifiable - to a degree - when taken individually, but the difficulty lies in determining which factors to test and the importance of each in relation to the other parts, which requires a complex matrix model which we are far from being able to simulate).

    As an excellent example, you don't yet understand how moderation on forum works, nor did you have enough nous to read the FAQ when signing up (where it is explained quite clearly in entirely unambiguous terms). I only point this out as it's an excellent example of how the measurement of IQ is flawed beyond usefulness for it's stated purpose. I don't say this to attack you personally (for we all make mistakes and goading or gloating over others mistakes is seldom of benefit), but just to prove a point: if someone is unable to read a manual (as it were), then any measurement which shows they are superior in Intelligence to others (who _have_ read the FAQ and/or who were able to 'grok' the moderation system intuitively) should surely be called into question.

    When I think of a group like Mensa, it conjures up images of utopian, socialist (and far from democratic) state led by 'the best and brightest of society' - this was of course the backdrop of a vision of future against which the group was founded. The phrases "The road to hell is paved with good intentions" and "The best laid plans of mice and men gang aft agley" spring immediately to my mind.

    I feel a deep sense of mistrust in anyone who exhibits a desire to join any faction which separates themselves from the rest of the population though a means of elitism that stems from a belief that they are in any way superior to other members of the human race.

    It represents an indulgence in a darker aspect of human behaviour that should be guarded against.

  193. been there, done that by morgajel · · Score: 1

    I highly suggest creating a new user before attempting that- you'll gind that after a minute or so that you can do serious damage to an account.(deleteing desktop icons, etc.)

    --
    Looking for Book Reviews? Check out Literary Escapism.
    1. Re:been there, done that by cybermace5 · · Score: 1

      Child's play. Mine blocked all input, opened Konqueror, and started skipping through directories on up to /, randomly moving and executing files. It would be evil to do this to someone else's computer and walk away, but it would serve them right for leaving the workstation logged in as root....

      --
      ...
  194. News? by confused+one · · Score: 1
    This isn't really news. There's quite a bit of BSD embeded in most current proprietary Unix's as well as in Windows (the tcp stack was based on old BSD code, for example -- yes, MS badly implemented it; but, that's where it came from...)

    GNU products have been used in unix environments for a decade or more (I was using gcc and emacs on sun in '95)

    We've been sitting around at work discussing this; and, fully expect to find SCO's "offending code" in an early BSD4.4Lite, v 1.x.x kernel, or something...

  195. nda backfire .... a can of worms by kaycee77025 · · Score: 1

    There are SCO approved witnesses saying the code is the same .... SCO DID volunteer the information .... now there is an unidentified counter claim of copyright violation .... and even if this last claim weren't there, we have evidence the code is the same from SCO and two claims of ownership .... Just some thoughts ....

  196. Butter by Great+Malinko · · Score: 0

    Hey, you got chocolate in my peanut butter.....

  197. Nothing remotely similiar by FreeUser · · Score: 2

    I don't have a link handy but I am sure someone does. Code from another operating system HAS been copied line for line into Linux before.

    Well, yes, but the way you couch that is more than a little disingenuous. Code was taken from one free software project (FreeBSD) and placed into another free software project. The new-style FreeBSD license which the code was licensed under was GPL compatible, so the appropriation of the code itself was perfectly legal. Where the Linux developer in question fell down was by not including the copyright notice wiht the verbatim code, which was a violation of the new-style FreeBSD license. No one can be certain, but it appears to have been an honest mistake. Code was cut and pasted from FreeBSD to Linux, but the copyright notice wasn't (and it should have been). This is more indicative of carelessness and oversight than it is of ill intent (in contrast to, say, copying entire files and then removing the copyright notices, which did not happen), and while inexcusable and intolerable, was immediately fixed (c.f. Linux kernel 2.4.11).

    Not to defend carelessness or thoughtlessness, but this is a far, far cry from taking code from a proprietary project and illegally placing it within the Linux kernel, which has never happened, and which almost certainly did not happen in the $CO case either.

    I am sure it was more of a misunderstanding where someone just copied it with no hesitation because BSD is OSS too.

    Exactly right. People were in general more careless with free software and open source licenses back then. Remember all those months when KDE was technically "illegal" because of incomaptabilities between the qt and GPL licenses? There were numerous flame fests as a result, and gnome owes its existence primarilly to that issue. Had it not been for the kind folks at Troll Tech, who ultimately fixed the incompatability, and now KDE is firmly in the free software and legal camp in every respect. No malice existed, no premeditation to violate the GPL or troll techs license, merely an overly relaxed take on various incompatible free and open source licenses.

    One which, fortunately for all involved, the community has grown out of, and one for which we owe RMS's pedantic insistence on adherence to the GPL and license comatability thanks in no small part.

    Again, though, this bears absolutely no resemblence to what SCO is accusing Linux of, nor does it bear any resemblence to SCO's apparent violation of copyright in using GPLed linux code within their own proprietary product, and then turning around and accusing their victim of their own crime.

    --
    The Future of Human Evolution: Autonomy
    1. Re:Nothing remotely similiar by HiThere · · Score: 1

      The problem here is that you are conflating two different companies, that just happen to have the same name and connected histories.

      The SCO that was merging Linux code into Unix appearantly intended to convert all their code into Linux eventually, and was looking for an easy migration path for their users. That SCO could, without malicious intent, have been careless with the use of GPL code.

      The SCO of today shares few of the same people (any?). It shares few of the same motives (any?). It shares few of the same skills. And it doesn't know it's own history. So if it sees a similarity, it says "That's MINE!". (It also has few of the same character traits.) And it probably honestly doesn't know the origin. No assumption of malice* is necessary prior to the initiation of the lawsuit/smear campaign. (Well, actually we know that it had been developing for well over a year, but *I* certainly don't know the details.)

      * IANAL. This use of malice is a back-formation from malicious, and may have nothing to do with any legal definition.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  198. Re: Moderation / Thoughts On Mensa (OT) by dash2 · · Score: 1
    I believe Mensa is an entirely undesirable institution created in the 1940's by English upper middle members of society FOR upper middle class members of society, to provide a comfort layer of separation between the great British middle classes and the oiks that make up the vast majority of the population.

    I hardly think so, old bean. Mensa has people like Gary Bushell in it, and he's a frightful oik.

  199. Food for thought by p.rican · · Score: 1

    I'm not a programmer, but doesn't FreeBSD have linux binary compatibility? I don't believe Free BSD developers used Linux kernel code. Wouldn't that prove that no linux kernel code must be 'appropriated' to have linux binary compatibility? Can anyone clarify that for me?

    --

    /. --"Demented and sad....but social" -Judd Nelson

    1. Re:Food for thought by bovinewasteproduct · · Score: 1

      I'm not a programmer, but doesn't FreeBSD have linux binary compatibility? I don't believe Free BSD developers used Linux kernel code. Wouldn't that prove that no linux kernel code must be 'appropriated' to have linux binary compatibility? Can anyone clarify that for me?

      Yes, FreeBSD does have Linux binary compat, and no, it does not contain Linux kernel internals. The GPL stuff that is available for the kernel (and is never compile into the GENERIC kernel) is a digiboard driver, a sound driver and the so called "GPLed" floating point emulator (it is not under a true GPL for BSD software (the author modified the license)).

      BWP

  200. iBCS by NaturePhreak · · Score: 2, Interesting

    Come on people, get a life! SCO(Caldera) isn't doing anything different from what FreeBSD, NetBSD, OpenBSD, Solaris X86, BSDI, and Linux do in their Intel Compatability mode. I remember calling it iBCS, for intel Binary Compatability Services, a few years ago, but the concept hasn't changed. If you want to run Linux software on SCO, you copy over a few libraries and that's it. Same for running SCO software on Linux, except that you had to license OpenServer. In fact, IIRC so many people were running Oracle on Linux in SCO compatability mode (this was in '97 or '98) that Oracle decided to go ahead and support Linux. So we have SCO to thank for some of the first commercial enterprise software becoming available for Linux in the first place.

    Everybody calm down and take a deep breath. SCO has made some mistakes recently, and they will eventually see the error of their ways and back off. Screaming about petty stuff just makes Slashdot readers look reactionary and ill informed.

  201. Re:A better way - how to get that by Anonymous Coward · · Score: 0

    I don't know how to get the Bitkeeper "visual diff tool" but I've seen screen shots from the kernel archives.

    However, there are other visual diff tools. The most crossplatform visual diff is TKdiff:
    http://www.accurev.com/free/tkdiff/

    Here's a screenshot:
    http://www.accurev.com/free/tkdiff/tkdiff.gif

    If you're on Windows, WinMerge is also very good:
    http://winmerge.sourceforge.net/

    I personally prefer WinMerge since it has added capabilities (like recursive diffs), but TKdiff isn't bad -- especially if all the comments are in one big file.

    Good luck. I'm looking forward to seeing what you come up with. I'm sure the rest of the Linux community is too.

  202. This must be true... by Anonymous Coward · · Score: 0

    This must be true. Next someone will find a Microsoft connection.

  203. Re: Moderation / Thoughts On Mensa (OT) by @madeus · · Score: 1

    I certainly wouldn't contend there are plenty of oiks in Mensa now (but god, Gary Bushell) just that was the (well intentioned) backdrop against it was founded against.

    To be honest I think Gary Bushell is a not a complete moron though, and the sames goes for Richard Littlejohn - the are just moral vaccums in it for the raitings and shillings.

    They must be.

    I refuse to think otherwise, the alternative is just _too_ horrible and melts my brain.

  204. *BSD has linux compatibility too. did they steal? by goombah99 · · Score: 1

    Given that I've read here and elsewhere that *BSD has Linux binary compatibility then clearly by your argument they must have stolen it from linux and now must be GPLed.

    --
    Some drink at the fountain of knowledge. Others just gargle.
  205. frankenstein! by simpl3x · · Score: 1

    nice little monster... hey, you're not MY nice little monster! kill him!

    bring on the silly villagers with torches. hey that's us!

  206. Conspiracy Theory by ProteusQ · · Score: 1
    How about this: SCO copies code from Linux into their OS, waits for a period of time, and then screams, "IBM stole our code and gave it to Linux!" Or, they deliberately slip their own code into the Linux kernel via a third party and wait for the right time to loose their lawyers on the world.

    Of course, this is all a plot between SCO and MS, who have been swiping Open Source code for ages. Of course Server 2003 works better than W2K! MS swiped FreeBSD & Linux code instead of redesigning a bad system from the ground up. As if anyone could ever get the clout needed to audit their code!

    So, by using their proprietary rights as a shield, SCO and MS set up a careful program of sabotage and theft aimed at the Open Source community, hoping to cut the legs out from under the movement, which would leave them the only players standing. (Except for the BSD's, because MS needs free code to steel from.)

    And just when SCO thinks its won & is part of the winning team, MS, like Shelob, devours SCO and its other rivals, and crawls back into its cave.

    And BTW: I'm SICK of seeing SCO banner ads on /.!

  207. Re:Shakespeare && his Monkeys || SCO & by dmccarty · · Score: 1

    It's been shown that monkeys and typewriters are not a good combination for creating anything.

    --
    Have fun: Join D.N.A. (National Dyslexics Association)
  208. Thanks for the clarification by p.rican · · Score: 1

    One of these days I'll break down and give FreeBSD a run (I'm still plowing through Slackware 9.0)

    --

    /. --"Demented and sad....but social" -Judd Nelson

  209. Which way did the code flow? by lvirden · · Score: 1

    A friend who used to work at IBM dropped by to show me an article from Monday's New York Times about the SCO/IBM mess.

    During our talk about it, he mentioned that ATT had, back when they were in the picture, actually taken BSD code, stripped off the Berkeley copyrights, and put it into System V. This came to light during the lawsuit that ATT filed against the FreeBSD project, causing ATT to lose the suit.

    So, perhaps it is possible that the code that SCO is screaming about isn't even System V's to begin with?

    --
    URL: http://xanga.com/lvirden > Quote: Saving the world before bedtime. Even if explicitly stated to the contrary, n
  210. Wrong by pclminion · · Score: 1
    A pointer is a pointer.

    Wrong. On some platforms a code pointer can be a different size than a data pointer. On 16-bit MS-DOS for example it would be common to make API calls using far pointers (two 16-bit components) yet reference application variables using near pointers (single 16-bit component). In such a memory model it would be impossible to store a 32-bit code address into a 16-bit data pointer. Which is exactly why the C language makes no guarantees about the compatibility between different pointer types.

    If you're bothering to use C, you should do it right. If a pointer is pointing to a function, then it should be declared as a pointer to a function. You could also, in principle, just use ints as pointers and "cast that to whatever you need," but that would be stupid, wouldn't it?

    1. Re:Wrong by Anonymous Coward · · Score: 0

      Okay, point taken. Sorry. Was thinking in 32-bit i386. :P

      For my purposes... I think my post is pretty accurate. I didn't write that void *[] declaration as something to be compiled. I wrote it to make a point about how one might wrap socketcall()...

  211. New Term by Anonymous Coward · · Score: 0

    Vaporlawsuit!

  212. Darl! by eugene_roux · · Score: 1
    Darl, dude!

    I didn't know you read Slashdot, man!

    Now you just need to stop this suicide attempt of yours and we may let you play with the other kids again!

    --
    Part Time Philosopher, Oft Times Romantic, Full Time Unix Geek
  213. The GNU GPL cannot be unenforceable. by Mensa+Babe · · Score: 1

    In my opinion it is not possible to say that the GNU General Public License is unenforceable.

    First of all, the GPL is not an EULA.

    Second of all, it doesn't forbit doing anything at all with the software, which isn't already forbidden by the copyright law. Everything the GPL does is giving the user more rights, while giving up some privileges of the author, i.e. those very privileges to not give the additional rights to the user, which are not given to the user by the copyright law itself.

    The only possible way it could be illegal or invalid would be the case, if the rights which the author gives up, would be impossible to give up even if anyone wills to do it (e.g. some fundamental human right), while it is cetrainly not the case with the GPL.

    In the context of SCO, the only way the GPL could go to court would be something like this: SCO says: "Yes, your honor, we used the GPL lincensed code in out proprietary software, but GPL is invalid, illegal, unenforceable, viral, evil, stupid, we didn't sign it, it's not legally binding, etc."

    The fact is, that even if the GPL is perfectly OK, they didn't have to accept it, it's really up to them, so it doesn't matter if they say it's illegal, or that they simply rejected it. It doesn't matter at all.

    What does matter is the fact, that after questioning or rejecting the GPL, the rest of the case is a classical ages-old example of violating the copyright law.

    It is the very same situation, no matter if they used Linux while rejecting the GPL, they used a code without any explicit license with only a copyright notice "Copyright (C) XXX All rights reserved" or they illegally distributed some proprietary software, like, say, parts of Microsoft Windows or Sun Solaris.

    When they don't like the terms of the GNU General Public License, then from their point of view, and from the court point of view, Linux is legally indistinguishable from Windows.

    So, it doesn't even make much sense to wonder if the GPL is enforceable. The copyright law is enforceable and this is what really matters.

    This, by the way, shows the genius of Richard Stallman, who hacked the copyright law with the GNU General Public License. I am talking about it now, but he already knew it all twenty years ago, while discussing the GPL (called GNU Emacs License during 1985-1989) with Mark Fischer, Jerry Cohen and other great copyright law experts.

    As Stallman said in 1986 BYTE interview: "You could also see it as using the legal system that software hoarders have set up against them. I'm using it to protect the public from them."

    --
    Karma: Positive (probably because of superiour intellect)
    1. Re:The GNU GPL cannot be unenforceable. by Surak · · Score: 1

      The only possible way it could be illegal or invalid would be the case, if the rights which the author gives up, would be impossible to give up even if anyone wills to do it (e.g. some fundamental human right), while it is cetrainly not the case with the GPL.

      Or, if, as SCO is claiming, the author didn't have the rights to give up in the first place (i.e., the author didn't have any right to the code in the first place).

      While I agree 1000% with your opinion (I'm a big supporter of the GPL, and I have code released under its terms), it is still the case that GPL has never been tested in a court of law, and therefore, whether or not it is enforceable by a court is a variable who's value is still undetermined. It is this fact that gives people the wiggle room to criticize the GPL as being untested and possibly legally unenforceable. It is not the legal opinion of you or me that matters -- it is the legal opinion of a court of law that matters.

    2. Re:The GNU GPL cannot be unenforceable. by Anonymous Coward · · Score: 0

      In the US, you definitely can give up all rights over a work of intellectual property. Just put the words "Released into the public domain by the author". You have no copyright on the work once you have done that.

      Another way is to take a job that specifies that the work you do is a "work for hire". Depending on the area you are working in, this gives all rights to your employer. Music is the celebrated exception to this ability; after a certain period the copyright to a musical performance reverts to the artist. This doesn't happen with software and probably never will.

      This situation differs from Europe and some other parts of the world that recognize the "Moral Rights of the Author".

    3. Re:The GNU GPL cannot be unenforceable. by Mensa+Babe · · Score: 1

      The only possible way it could be illegal or invalid would be the case, if the rights which the author gives up, would be impossible to give up even if anyone wills to do it (e.g. some fundamental human right), while it is cetrainly not the case with the GPL.

      Or, if, as SCO is claiming, the author didn't have the rights to give up in the first place (i.e., the author didn't have any right to the code in the first place).

      Of course, this dosn't have anything to do with the license itself. Such a person who had no rights to license the code couldn't be considered author from the legal point of view. I was talking about the code licensed on the terms of the GPL by the copyright holder in the context of this story, which is not about SCO's code used in Linux, but the Linux code used in SCO's products.

      While I agree 1000% with your opinion (I'm a big supporter of the GPL, and I have code released under its terms), it is still the case that GPL has never been tested in a court of law, and therefore, whether or not it is enforceable by a court is a variable who's value is still undetermined.

      That is true, but I am not holding my breath. I cannot imagine anyone sane, who used someone else's GPL'ed code in a proprietary product, going to court claiming that GPL is unenforceable or otherwise invalid, only to open oneself to charges for breaking the copyright law.

      --
      Karma: Positive (probably because of superiour intellect)
  214. Perhaps you'ld like to comment by theolein · · Score: 1

    about SCO's claims about SCO code being in the Linux kernel then, since you were so deeply involved in the whole thing?

    1. Re:Perhaps you'ld like to comment by Anonymous Coward · · Score: 0

      Deeply involved, no just a worker bee, I did comment though:

      "And by the way, I and no one I've talked to since have seen any Unixware source in the Linux kernel."

      Is my opinion definitive? No, without the UW sources in front of you most people would have a hard time identifying UW code in Linux - unless you remember writing it yourself. In general though given the implicit and architectural differences between UW and Linux it is hard to imagine anything substantive being put into Linux. The only thing I could possibly imagine might be anything to do with NUMA work done in UnixWare.

  215. Use a Supoena to Date the code by HighOrbit · · Score: 1

    AT&T/USL/Novell/SCO licensed their SysV source to other Unix vendors for years. Somewhere somebody has a copy of their older stuff. I wouldn't be suprised if IBM or Sun have old archived copies sitting around somewhere. Bascially, supoena the source to each version and have it examined (under court seal, of course) to determine when those code snippets where included. Then look at the old copies of Linux. The earlier implementation wins.

  216. Your questions make no sense by Mensa+Babe · · Score: 1

    You are trolling arn't you?
    Are you really a babe?
    are you a member of mensa?
    or just a good troll?

    Those are probably the most stupid questions I have ever seen. (I know, there are no stupid questions, there are only stupid people.)

    As a member of Mensa and someone who can think logically, I can assure you, that no matter what I would answer to any of these questions, there would be absolutely no way to prove those anwers and therefore those questions themselves are completely meaningless, as would also be any answer to them.

    I can understand that you might have little interaction with women (and this is really nothing to be embarrassed about), so a conversation with a woman, even on a public web forum, can be unbelievable to you. But what would have you answered if I had asked you if you are really a boy? (Of course you understand that saying just "yes" doesn't mean anything, as our stated gender is something, which is already implied by our nick names.)

    I would have laughed when I was a minors, what are you protecting them from anyhow?

    If this is the way you think men should talk to women, then I can only wish one thing to your future girlfriend. I wish her that you will first grow up and become more intelligent, before you ever meet her. Otherwise, it can be a very insulting experience to her. Trust me, I know what I am talking about.

    --
    Karma: Positive (probably because of superiour intellect)
    1. Re:Your questions make no sense by oliverthered · · Score: 1

      you are quite weird.

      Your posts look like trolls, yet you freaked me.
      You say 'is that how you talk to women', and yet use the most downgrading name you can think of, 'babe'

      So, i'll just treat all your posts as trolls.

      --
      thank God the internet isn't a human right.
  217. Slashdot SCO in small claims courts by Anonymous Coward · · Score: 0

    Would it violate the Amazon one click patent, to have a one click lawsuit against SCO? We could scan in the court docs from all 50 states for a small claims suit against SCO (PDF maybe?) We all download and file the same day...Slashdot SCO for our share of the LPK GPL'ed IP ... in small claims court!
    We have the SCO lawyers addresses.

  218. Welcome to the world of metric multipliers by leonbrooks · · Score: 1

    2G == 2 gigadollars == $2,000,000,000.00 (or, if you want to be a pedant, $2,147,483,648.00; if I were suing, that's what I'd ask for on principle :-)

    --
    Got time? Spend some of it coding or testing
  219. Perhaps I should post when I'm not asleep... by leonbrooks · · Score: 1

    ...but you got the general idea.

    --
    Got time? Spend some of it coding or testing
  220. Re:Shakespeare && his Monkeys || SCO & by SkewlD00d · · Score: 1
    I know one of my prof at UCD used a UCB program that does a fuzzy match on code similarity in an undergrad course. It maintains a permanent record of every program submitted and compares every program against each other, even different code from other courses at other schools, years apart! Man, think of the computation complexity involved. This thing must be churning 24x7.

    LMAO!! UC Berkeley itself has a lax policy on cheating... that might be why. You get -5% if you cheat. I think there should be an automatic expulsion. I one saw someone blantantly using a big-ass crib sheet in an upper div CS course that was closed-book, closed-notes and graded on a scale. You can bet your ass I told the TA, because that's just unacceptable. I also know that cheating is rampant, which is also as repungnant. Most of the cheating involves courses that have hours and hours of problem sets. Since I did not cheat, it took me hours and hours to complete and I did not always finish on time because there was just too much to do. In addition, I know there were people that cheated that got As, while I had to make do w/ Bs and Cs, even though I know more than them and learned the material.

    As this applies to the SCO / *nix thing, the truth of the matter is that people cheat and cut corners everyday. Not to be an -ist or -ism, but the people these companies hire are not of necessarily the highest caliber or experience, or even legal citizens, most all companies are guilty of this... finding the cheapest and easiest, the people they hire are often desperate (in fear of death, sometimes) to get into the US or someplace similar. Desperate people do desperate things, so you inevitably get what you pay for.

    Btw, I read in the paper that unemployed immigrants can get unemployment insurance. Great, now that the immigrants are here, there's no jobs to be had for more established people. Time to move to Russia.

    --
    The biggest trick the devil pulled was letting lawyers become politicians so they can write the laws.
  221. Re:Two Words - Ray Noorda by Harbinger · · Score: 1

    Hows this for a hypothetical:

    Just suppose that this is how the code got there...

    1) when Ray Noorda left Novell, who owned unixware, he took a copy of the unixware code with him.
    2) He started the canopy group to make money thwarting Microsoft.
    3) The Canopy group and Noorda start/fund Caldera.
    4) Through The Canpoy Group, the unixware code (which was later sold to SCO) made its way to Caldera.
    5) The Caldera people, wanting to improve and make money selling their one product, Linux, improve it a bit by adding a bit o' Unixware code. ... and the rest is history. Caldera decide to buy unixware (and openserver?) from SCO... change their own name to The SCO Group, get desperate/greedy, forget their own origins, et voila!

    Visit this link... intorduces you to some of the characters.

    This is my imagination... but it sounds plausible! :)

    - DRM

    --
    Be smart and work to create. Don't ride on the backs of others.
  222. My hopes for the future by Anonymous Coward · · Score: 0

    1. ibm buys SCO
    2. finds linux code in it
    3. publishes SCO's source to show where linux source is
    4. demands SCO take it back.
    5. sues them into oblivion for hte waste of ibm resources and whatever else they want to

  223. Interesting Matchups by eagle13 · · Score: 1

    Does anyone else find it odd, that shortly after launching the lawsuit against IBM, SCO partners with Microsoft? And then drops their version of Linux? Also, a Microsoft e-mail is leaked stating something to the affect that "no matter what we can not loose to linux in the Europe market!" Hmm, seems to me Microsoft is using SCO to help destroy Linux and continue Microsofts monopoly!!! Just a thought.

  224. Yeah by mindstrm · · Score: 1

    but we aren't talking about a license you need to sign in order to do anything, the GPL is not a use license.

    Look at it this way: This whole issue starts with copyright, so the FIRSTR question of a "violator" is: This code is protected by copyright, so what gives you the right to use it the way you did?

    "nothing, we stole it" - copyright violation. See?

    "The GPL does" - Admission they have accepted the terms of the GPL. In this case, you can hold them to it.

    I'm not at all saying "if you sign a contract but don't read it, it doens' thold" .. but the GPL is not a contract; it's a license. It simply states the terms under which you can do something that copyright law forbids.

  225. Your argument has apparently no point whatsoever. by Mensa+Babe · · Score: 1

    You say 'is that how you talk to women', and yet use the most downgrading name you can think of, 'babe'

    You find these insults funny and "OK," still, you think that "babe" is "the most downgrading name you can think of"? Please take no offense, but your logic seems to be quite inconsistent, to say the very least. If you really have to know that, then let me explain the reason I use that nickname. I do hope this explanation will finally end that farse. I personally don't find it downgrading at all. After I won a beauty contest at my university (I didn't even know that there was such a contest, I'm usually not interested in such things, and that anyone could vote for anyone, even for someone who didn't explicitly state her will to participate), some people, who didn't know me personally, but knew that I belong to the Mensa and won the contest, started to call me Mensa Babe, because, in their opinion I am a "hot babe." Actually, I personally don't think so, but after most of my friends who liked that nick started to call me Mensa Babe, I got used to it, and it was natural to use such a nick on line. I probably would have never used that nick, if I had known that it would cause so much insulting comments from people like you.

    So, i'll just treat all your posts as trolls.

    Please treat them however you please, even as "trolls" whatever that means in today teenagers' "cool" lingo. If that means, that you will finally stop insulting me, then I'm all for it.

    --
    Karma: Positive (probably because of superiour intellect)
  226. Re:Your argument has apparently no point whatsoeve by oliverthered · · Score: 1

    The word babe iconifys women, making them nothing more than meaningless objects.

    however
    "And I want to ram my giant nigger cock hard into your tight female asshole and violate YOU, whore!"

    Is obviously a piss take, and so not that bad.

    ' I probably would have never used that nick, if I had ?KNOWN? that it would cause so much insulting comments from people like you. ' Mensa?

    'beauty contest' you are a troll.

    please try harder.

    --
    thank God the internet isn't a human right.
  227. Re:Your argument has apparently no point whatsoeve by Mensa+Babe · · Score: 1

    The word babe iconifys women, making them nothing more than meaningless objects. however "And I want to ram my giant nigger [...] hard into your tight female [...] and violate YOU, [...]!" Is obviously a piss take, and so not that bad.

    Thank you. You were very kind to repeat those insults. You know how to talk to women. I'm very impressed.

    'I probably would have never used that nick, if I had ?KNOWN? that it would cause so much insulting comments from people like you.' Mensa?

    As I am sure you already know, "known" is a past participle form of irregular verb "know," which is used here in a contitional form of past perfect tense, the only way one could speculate about the past in english, because of which I foolishly assumed, that people shouldn't have any problems with understanding it, but now I know how naive I was. You might want to be so kind to educate yourself before trying to insult me next time. Thank you.

    --
    Karma: Positive (probably because of superiour intellect)