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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.'"

65 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 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?
    3. Re:"Someone inside SCO" by Anonymous Coward · · Score: 4, Funny

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

    4. 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.

    5. 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.

    6. 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.
    7. 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
  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. 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.

  4. 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!

  5. 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 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'?

    3. 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.
    4. 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.

    5. 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!

    6. 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
  6. 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.
  7. 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.

  8. 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.

  9. 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...

  10. 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.

  11. 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)
  12. 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.
  13. 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.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
  14. 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.
  15. 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.

  16. 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?
  17. 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.

  18. 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.

  19. 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.
  20. 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 :-)

  21. 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.

  22. 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. =====
  23. 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
  24. 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.
  25. 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)
  26. 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

  27. 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.
  28. 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.
  29. 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.

  30. 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.

  31. 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.
  32. 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.

  33. 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.
  34. 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.

  35. 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
  36. 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
  37. 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.

  38. 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.

  39. 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.
  40. 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)
  41. 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.
  42. 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.

  43. 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."
  44. 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.

  45. 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.