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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.'"

22 of 688 comments (clear)

  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. 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 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'?

    2. 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.

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      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    3. 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
  3. 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.

  4. 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...

  5. 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...

  6. 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.

  7. 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.

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  8. 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.

  9. 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.

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  10. 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)
  11. 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.

  12. 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.

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  13. 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. =====
  14. 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.

  15. 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?

    --
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  16. 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.

  17. 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.

  18. 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.