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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.'"

153 of 688 comments (clear)

  1. "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 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?
    4. Re:"Someone inside SCO" by Anonymous Coward · · Score: 4, Funny

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

    5. 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.

    6. 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.

    7. 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.
    8. 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
    9. 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....

    10. 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?!

    11. 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.
    12. 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.

  2. 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

  3. 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.

  4. 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 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
  5. 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 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.

      --
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    3. 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.
  6. 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.

  7. 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 RollingThunder · · Score: 2, Funny

      hard core kernel developers 1 trillian each

      I thought they mostly used GAIM. ;)

  8. 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 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
    2. 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)
  9. 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
  10. 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 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.
    2. Re:In two weeks no one will care. by zoobaby · · Score: 2, Funny

      I don't care now....

    3. 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'?

    4. 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.
    5. 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 /.
    6. 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.

    7. 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

    8. 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.

    9. 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!

    10. 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
    11. 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.

  11. 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?
  12. 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.

  13. 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.

  14. 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.

  15. 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 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.

  16. 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.

  17. 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

  18. 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)
  19. 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.
  20. 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 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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    2. 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. "
    3. 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.
  21. 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 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.
  22. 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.
  23. 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!

  24. 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?

  25. 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.

  26. 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?
  27. 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
  28. 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.

  29. 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.
  30. 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.

  31. 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.
  32. 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...

  33. 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 :-)

  34. 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: 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.

    2. 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.

  35. 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. =====
  36. Re:The three axis of evil: SCO, SCO & SCO by Anonymous Coward · · Score: 2, Funny

    Microsoft
    SCO
    RIAA/MPAA
    Mike


    That's four

  37. 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
  38. 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
  39. 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.

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

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

    --LordKaT

  41. 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.
  42. 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 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

    2. 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.

    3. 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.

  43. 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)
  44. 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

  45. Two Words: by jmt9581 · · Score: 2, Insightful

    O'DOYLE RULES!

    --

    My blog

  46. 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?
  47. 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
  48. 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.
  49. -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.
  50. 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.

  51. 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.
  52. 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.

  53. 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.

  54. 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.

  55. 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]
  56. 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.
  57. 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.

  58. 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.

  59. 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.
  60. 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.

  61. 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 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.
    2. 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.

  62. 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.

  63. 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/
  64. 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.
  65. 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
  66. 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?

  67. 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.
  68. 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.

  69. 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!'

  70. 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.
  71. 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.

  72. 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
  73. 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
  74. 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.

  75. 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
  76. 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.

  77. 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
  78. 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.

  79. 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
  80. 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.

  81. 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.

  82. 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.

  83. 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
  84. 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.
  85. 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)
  86. 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?

  87. 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.
  88. 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
  89. 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

  90. 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!

  91. 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.

  92. 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 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"
  93. 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.

  94. 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.

  95. 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.

  96. 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.

  97. 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
  98. 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.

  99. 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.
  100. 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.
  101. 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.

  102. 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
  103. 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.

  104. 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.
  105. 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)