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SCO Amends Suit, Clarifies "Violations", Triples Damages

Bootsy Collins writes "This evening on C|Net contains three new items. First, they've upped the damages they're seeking to $3 billion. Second, they claim that by making SMP technology generally available through Linux, IBM violated federal export controls and thus breached their contract with SCO through committing an illegal act. Finally, they elaborate on one specific technology they claim rights to which IBM inserted into the 2.5 kernel series -- the read-copy update memory management features which went in at 2.5.43. Unclear is why SCO thinks they have the rights to RCU, since the technology was originally developed by Sequent in the early 1990s."

145 of 1,347 comments (clear)

  1. They must really be scared now. by rkz · · Score: 4, Interesting

    They sound like a crazy old drunk, making up more and more unsubstanciated cliams, C|Net's article sounds like their getting tired off this too.

    1. Re:They must really be scared now. by Anonymous Coward · · Score: 4, Funny

      Yeah no shit. I'm awaiting the day that SCO claims that Osama himself has submitted patches to the kernel and that Alan Cox colaborated with Saddam Hussain in the mid 90's.

      Admittedly, I wouldn't mind seeing D'ohl McBride stood in a street corner shouting idiotic nonsense at passers by. At least then his actions would be socialy unacceptable and the authorities could lock him up. It seems that it is perfectly O.K to act like a paranoid loon if you're a CEO and your conspiricy theories are printed in an international news outlet. Then its O.K

      If you were an SCO employee, would you feel at least a little concerned that your boss is aparently dilusional? I know I would.

    2. Re:They must really be scared now. by Forge · · Score: 5, Interesting

      Pore SCO. The funny thing is that "someone" has demonstraighted a major comitment to Linux by steping forward to pay Dr. Torvalds a full time salary to work on just the kernel with no obligations to any specific vendor etc...

      My gues ? It has something to do with SCO's silly little lawsuite. See the story before this one.

      Now here is the tall order SCO has to fill to compleat this case.

      1: These specific lines were introduced into the Linux Kernel by IBM at this date.

      2: That date must be after the comensment of Trilian.

      3: That item was not in any IBM product before Trilian.

      4: That item was not in BSD.

      5: And finaly. That item was in SCO before the Trilian project.

      That's a lot to prove and I doubt SCO will ever do it.

      --
      --= Isn't it surprising how badly I spell ?
    3. Re:They must really be scared now. by BroncoInCalifornia · · Score: 5, Insightful

      I do not think they are serious about the lawsuit. SCO is serious about making a lot of noise.

      IBM did not offer to buy them. So SCO will try to raise the noise level some more.

      But now all they can do is sound like the Iraqi disinformation minister.

      "Those penquins are infidels. There is no way penguins can write SMP code without our help. We will slaughter all the penquins and have them for dinner"

      --

      Religion is the main cause of atheism.

    4. Re:They must really be scared now. by rjamestaylor · · Score: 5, Interesting
      Crazy drunk or like my three year old testing his limits. Their claims are so egregious and far-reaching that they're threatening everyone except Sun (wonder who that "mystery licensee" was?) -- including a not-so-veiled threat against Microsoft for Windows. And I did see that Cringley (at Infoworld) is rumor-porting AT&T may weigh in against SCO.

      My [large hardware company] rep who is supplying me with neat technology including handhelds, laptops, tablets and Linux server appliances, is also the rep for SCO. He tells me he doesn't even want to touch SCO now that they've pulled their shenanigans. He even referenced McBride's comment that contracts are strong bases for lawsuits as a real chiller. Imagine being so reviled that sales people don't want your money...

      I wonder if employees of SCO have any pride left, or any intention on working with the tech industry again? They may not be the source of SCO's vitrol and venom, but as long as they sit quietly and let the day traders pimp and pump the stock they are one and the same as McBride/Sontag/et al. We need a hacker revolt from within SCO -- if any are left. ... Until proven otherwise, no friends of tech or Open Source remain in SCO.

      If you work for SCO you better cut your ties with Sontag/McBride or lie on your resume for your next position. Pretending to be unemployed since Caldera brought on McBride will get you further than admitting you sat idly by while your company pulled the crap that it is pulling.

      --
      -- @rjamestaylor on Ello
    5. Re:They must really be scared now. by Anonymous Coward · · Score: 5, Insightful
      My [large hardware company] rep who is supplying me with neat technology including handhelds, laptops, tablets and Linux server appliances, is also the rep for SCO. He tells me he doesn't even want to touch SCO now that they've pulled their shenanigans.
      Yeah, that's what he tells you. He'll be telling his SCO clients how he doesn't want to touch Linux now it's potentially contaminated.
    6. Re:They must really be scared now. by micromoog · · Score: 4, Insightful
      If you were an SCO employee, would you feel at least a little concerned that your boss is aparently dilusional? I know I would.

      Not necessarily delusional, just driven by the same pathological greed that drives many corporations. Try it this way:

      "If you were an SCO employee, would you feel at least a little concerned that your boss is aparently driven by the same pathological greed that drives many corporations such as Enron and WorldCom into the ground? I know I would."

    7. Re:They must really be scared now. by epiphani · · Score: 5, Insightful

      I personally think that this is SCO trying to get IBM to buy them out. Trying Violently.

      Think about it - SCO's buisness model is failing because of Linux and Open Source. Claiming 3 Billion Dollars in Damage is probably a good way to get IBM to buy them out - because why spend the money on fighting the lawsuit or paying a settlement - buy out SCO, problem goes away, and all that "incredibly valuble" unix code can be dumped into linux, where useful.

      My Theory...

      --
      .
    8. Re:They must really be scared now. by sjvn · · Score: 4, Insightful

      Yes, there are many Mormons in Utah so many of them who are technically inclined work for Utah tech. companies. That said, I've known many of them for more than a decade at WordPerfect, Novell, Caldera/SCO and dozens of other companies and they're no more inclined to blindly obey a CEO than a Roman Catholic is to obey his CEO because he's been taught that the Pope in infalliable.

      For example, I know for a fact that many current and former Caldera/SCO employees *hate* what their company is doing. Why don't you hear more from them? Because they have mortgages to pay, childern to feed and they don't want to lose their jobs and/or find themselves sued left, right and sideways. In short, they're people like everyone else trying to get by as best they can.

      Steven

    9. Re:They must really be scared now. by schussat · · Score: 3, Insightful
      I have to call you on some of this stuff. So you lived in Utah for three or four years and developed a knee-jerk dislike of Mormons, whom you see as riding rough over all the non-Mormons in Utah. You couldn't stand having to go to the liquor store for strong beer, and consequently, when a Utah-based company does something ridiculously dumb, you're quick to ascribe that to the fact that the company is staffed by Utahns. But you're very careful to only hint that they're mindless sheep because they're Mormons -- wouldn't want to say that out loud, so you subtly imply it.

      Now, I'm not going to argue that those Utah "software concerns" are the most innovative companies in the world (although, to be fair, WordPerfect had a pretty good run there), but I will argue that it's myopic and absurdly judgemental to ascribe the characteristics you do to people of a "particular religious persuasion." There are lots of stupid business decisions made every day, and I'm willing to be that most of them aren't being made by the Mormons.

      And come on. If you're going to insult them, call 'em by name, without the wink-wink crap.

      -schussat

      --
      The hour of noon has passed. Let us go and get some Kentucky Fried Chicken.
    10. Re:They must really be scared now. by vladkrupin · · Score: 4, Insightful

      Yeah no shit. I'm awaiting the day that SCO claims that Osama himself has submitted patches to the kernel and that Alan Cox colaborated with Saddam Hussain in the mid 90's.

      They aren't first to try this though. There are a few large-ish companies (and one very large in particular - guess who!) that claim that Open Source in general and Linux in particular aids terrorists by providing them with a reliable and secure tool without intentionally placed backdoors (for law enforcement or otherwise).

      In other words, SCO is just a few years too late to try to claim that. Which brings up an interesting point: If MS accused Linux of something, can SCO do that now too? Or are they infringing on M$ accusation?

      --

      Jobs? Which jobs?
    11. Re:They must really be scared now. by barfomar · · Score: 5, Funny

      If I were a CEO of barely breathing tech company in the midst of a shakeout, I'd consider accumulating a few million shares of my company thru an off-shore broker when everybody is puking them out. Pick them up quietly, like gathering apples as they fall from the tree. Then, file some outgeous suit against some deep pocket, wait for the shares to multiply by 20-30 times, call my broker on payphone using a phone card purchased a gas station, and head for the islands. But, I'm not in that position....

    12. Re:They must really be scared now. by BooRadley · · Score: 3, Funny
      It seems that it is perfectly O.K to act like a paranoid loon if you're a CEO and your conspiricy theories are printed in an international news outlet.

      It didn't work so well for H. Ross Perot. :)

      --

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

    13. Re:They must really be scared now. by vladkrupin · · Score: 4, Insightful

      I personally think that this is SCO trying to get IBM to buy them out.

      Yes, it is also true that the sun is going to raise in the morning tomorrow. There are a few things that are plain obvious, true.

      On the other hand, they were doing a much better job trying to get bought out before today. At least they had something that resembled substantiated claims. Not anymore... I mean, it's almost a textbook example of how NOT to try to get bought out. Think of it:

      1. SCO isn't worth a billion bucks. Much less likely are they to be worth 3 billion. If IBM were to buy them, they would rather spend a few million bucks to buy them out rather than a billion dollars to settle, right? By upping the settlement three-fold SCO at best ticked off IBM a bit more, and have not contributed to their worth or their chances of being bought out one bit.

      2. Ticking off IBM for them is like a death warrant - if IBM was considering whether to sue them out of existence or be nice to them and buy them out, the chances of the latter happening are diminishing rapidly with every new claim against IBM SCO makes. SCO had to make sure that IBM takes them seriously. IBM understood that. SCO got IBM's attention. Now SCO has to sit back and pray that IBM will be nice to them. Instead they make more claims that makes IBM unhappy. Not very wise, if you ask me.

      3. Also, if this garbage EVER makes it to court, the judge has got to just laugh at the number - 3 billion! They could as well have claimed a trillion dollars in damages! It's like me suing you for a million bucks because your dog dug up my lawn!

      4. SCO tries to involve a dumb export restriction imposed by the government that never worked and has been abolished long ago because its effectiveness was zero, and pain for US companies was significant. I am not a lawyer, but it seems to me that whether or not IBM violated any export restrictions has nothing to do whatsoever with SCOs intellectual property. IBM has either misappropriated the IP and trade secrets or not - no government involved. If I buy a car from you and run a red light, I pay the ticket to the government; you have no right to try to take my car back!

      5. It's dumb to even mention something that just made its way into 2.5.43 kernel as something you own. I mean, you are suing for years of infringement, you are threatening corporate linux users who are still using 2.2 or 2.4, and presenting code that hasn't even made it into any stable kernels yet as evidence!

      6. And lastly, they just upped the number of claims of ownership on things that they clearly do not own. I thought their previous similar claims damaged their cridibility bad enough not to try that again. Looks like they haven't learned the lesson...

      At times I wonder, if they just figured they have a snowball's chance in hell to be bought out by IBM and just decided to make a really cool fun show for all of us to see...

      --

      Jobs? Which jobs?
  2. Revealed! Whole programs copied in Linux!! by countach · · Score: 3, Funny


    In Unix, a zero length file is a valid shell script, that has an exit value of true. Thus, here is the whole program copied -- /bin/true!! A zero length file!! All comments identical!!

    1. Re:Revealed! Whole programs copied in Linux!! by cperciva · · Score: 4, Funny

      No. While a zero length file might be a functioning /bin/true, that isn't how it is implemented in SCO.

      At risk of provoking another lawsuit:


      # @(#) true.sh 1.4 88/11/11
      #
      #
      # UNIX is a registered trademark of AT&T
      # Portions Copyright 1976-1989 AT&T
      # Portions Copyright 1980-1989 Microsoft Corporation
      # Portions Copyright 1983-1989 The Santa Cruz Operation, Inc
      # All Rights Reserved

      # Copyright (c) 1984 AT&T
      # All Rights Reserved

      # THIS IS UNPUBLISHED PROPRIETARY SOURCE CODE OF AT&T
      # The copyright notice above does not evidence any
      # actual or intended publication of such source code.

    2. Re:Revealed! Whole programs copied in Linux!! by countach · · Score: 5, Funny

      Well, duh. The plagarist removed the copyright notice. They're not THAT silly!

      But shame on you for revealing all of SCO's intellectual property! Don't you realise what this will do to their stock price? You've got a trade secret law suit on the way buddy.

  3. At least we know now what they're "smoking" by edgrale · · Score: 5, Funny


    "There are two major products that come from Berkeley : LSD and UNIX. We don't believe this to be a coincidence." -- Jeremy S. Anderson

    Soon SCO will claim ownership for LSD too ;)

    --
    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    1. Re:At least we know now what they're "smoking" by flacco · · Score: 4, Funny
      Soon SCO will claim ownership for LSD too ;)

      If they've already been experimenting with this technology, that would explain A LOT.

      --
      pr0n - keeping monitor glass spotless since 1981.
    2. Re:At least we know now what they're "smoking" by ae · · Score: 5, Insightful
      And LSD was developped in Switzerland, I think.

      Yes, LSD was synthesized by Dr Albert Hofmann in 1943, and he discovered its mind-altering properties while riding his bicycle on the way home. This is a quote from his laboratory notes:

      I suddenly became strangely inebriated. The external world became changed as in a dream. Objects appeared to gain inrelief; they assumed unusual dimensions; and colors became more glowing. Even self-perception and the sense of time were changed. When the eyes were closed, colored pictures flashed past in a quickly changing kaleidoscope. After a few hours, the not unpleasant inebriation, which had been experienced whilst I was fully conscious, disappeared. what had caused this condition?

      More information can be found here and here.

      --
      Blog Ho
  4. Only 3 billion? by Disevidence · · Score: 3, Funny

    Heck, why settle there? While were at it, why don't we ask for 30 billion? I mean if your going to make a spectacle, why not achieve high?

    30 billion? 300 billion? 3 trillion?

    Cmon SCO, make those claims WORTH something!

    --
    Think nothing is impossible? Try slamming a revolving door.
    1. Re:Only 3 billion? by Anonymous Coward · · Score: 5, Funny

      Why ask for 3 billion when we can ask for 3 _million_?

      *raises pinky finger to corner of mouth*

  5. IBM's view by Anonymous Coward · · Score: 5, Funny

    Three times nothing is still nothing.

    1. Re:IBM's view by TopShelf · · Score: 5, Funny

      And pretty soon this will venture into the realm of imaginary numbers.

      "Today IBM successfully convinced the judge to amend the claim to $3 i Billion, to reflect the imaginary validity of SCO's case"

      --
      Stop by my site where I write about ERP systems & more
    2. Re:IBM's view by Mr+Z · · Score: 3, Funny

      Imaginary numbers? I doubt SCO wants to be paid in dot-com stock.

      --Joe
  6. Open Letter to CmdrTaco by Anonymous Coward · · Score: 4, Funny
    Mr. Taco;

    On behalf of the /. crowd, I am formally requesting that the Caldera/SCO widget be changed to a steaming pile of poo.

    We feel that this is more appropriate.

    Sincerely, /.

    1. Re:Open Letter to CmdrTaco by Anonymous Coward · · Score: 5, Funny

      Actually, I believe the "It's Funny, laugh" logo of the Monty Python foot suitably amended with at least one smoking bullet hole through it, would be far more approriate for SCO v's The World stories.

    2. Re:Open Letter to CmdrTaco by bubbha · · Score: 5, Funny

      How about Dr. Evil with his pinky raised to the corner of his mouth saying "Three Billion Dollars!"

      --
      I want to be alone with the sandwich
  7. SMP? RCU? by Surak · · Score: 4, Interesting

    What?

    Since when did IBM have anything to do with SMP in the kernel?

    And RCU is clearly a technology that Sequent designed for DYNIX/ptx. Sequent, as the link to RCU states, is now owned by IBM, so I suppose they'd have clear rights to this, no problem. RCU is also notoriously absent from SCO's product, so how they can claim ownership of the technology is beyond me.

    I'm starting to think that the folks at SCO are on SERIOUS crack and they AREN'T SHARING. There's reason enough to hate them right there, forget all this Linux stuff. ;)

  8. SCO by stephenry · · Score: 3, Funny

    I think i speak for everyone when i say:

    MUHAHAHAHAHAHAH HAHAHAHAHAAHAHAH MUAHAHAHA -gasp- MUAHAHAHAHAHAHAHAHAHAHAAHAH

    Next they'll be getting the U.N. involved!

    Steve

  9. IBM should countersue... by joeszilagyi · · Score: 5, Funny

    ...on grounds of comedy. This is starting to turn into an old Looney Tunes cartoon, where the SCO Coyote throws everything but the Acme kitchen sink at the IBM Roadrunner. Meep meep!

    --
    Dude, where's my packet?
    1. Re:IBM should countersue... by testy · · Score: 5, Funny

      I disagree. IBM is more like the oncoming train that Wile E. McBridey sees in the tunnel, thinking it's the light at the end.

  10. SCO drops some claims about linux by walt-sjc · · Score: 3, Insightful

    I found it interesting that they have dropped some claims about linux like the comment that it was like a bicycle compared to UNIX being a luxury car. I also find it funny that they cite IBM's Linux investment as evidence that they stole code. Wouldn't a big investment like IBM's indicate that they were doing NEW development as opposed to just taking it from somewhere else?

    What I REALLY wonder about is all the idiots buying SCO stock, and why it's still hovering around $10 as opposed to the 1 cent it's really worth.

    1. Re:SCO drops some claims about linux by William+Tanksley · · Score: 3, Informative

      Okay, here's what happens. The slang for it is "selling short".

      You borrow some stock from someone else; the stockbroker will choose who donates the stock. You immediately sell the stock, and the broker puts the money from the sale into an account.

      You then wait. One of two things will happen:

      1. The original owner of the stock will decide to sell, and will therefore demand his shares back;
      or
      2. You'll decide to cover your short.

      Either way, you tell the stockbroker; he uses the money in the account to buy as many shares as you'd borrowed originally, and gives them to the original owner.

      Then he gives you the leftover money.

      This works GREAT when the stock price falls.

      Now, what happens if the company goes bellyup? Well, in that case the stock is officially worthless; the owner will never ask for the shares. The entire short account -- all the money you made from selling the stock -- goes to you, with NO investment of your own money.

      Now, what happens when the stock price goes up? Well, you still have to buy as many shares as you sold! So pay up, buddy.

      The benefit of shorting is that you don't have to pay your own money; the risk is that there's no maximum amount you can lose, and there's always a maximum amount you can win. The stock could in theory increase forever; but it can never decrease below 0.

      -Billy

  11. Slashdot - by the_Bionic_lemming · · Score: 5, Funny

    Hmm - five - six more articles maybe, and SCO will become the most posted/hated OS on Slashdot?

    I wonder how Bill Gates will take losing the "Number One" spot here at /. ;)

    --
    _ _ _ Go for the eyes Boo! GO FOR THE EYES!
  12. I should be a lawyer by nich37ways · · Score: 3, Insightful

    Seems pretty easy, all you have to do is find some company with a rapidly declining market share and large ip base.

    Then find some other big company that you have once done business with and sue them. Damn I wish I was a lawyer on this case, sitting back knowing I am earning a fat pay check while spewing as much crap as humanely possible to keep everything going.

    But really now, does this make it any clearer wether SCO has a vaguely legitimate case on UNIX code been in the Linux Kernel?? I want to see that proved before I even try and understand why IBM is responsible for it..

    --
    37 - what does it stand for really...
  13. .. and verification: by peatbakke · · Score: 5, Interesting

    Wish I had googled before posting, but here's the dirt:

    http://www.linux.org.uk/SMP/title.html .. maybe IBM refined the process later, but it looks like SMP is in the Linux kernel as a *direct* result of Caldera's actions.

  14. The development kernel? by realnowhereman · · Score: 4, Insightful

    Further - how can SCO be upping there damages if the infringing code is in the development kernel; that has nowhere near as wide a circulation as the stable tree. In fact (if they were right -- although obviously they're not) surely their duty of care would be to say which parts of the development kernel are infringing so that they can be removed before they get distributed to the four winds?

    Of course, I know who I'd like to distribute to the four winds.

    --
    Carpe Daemon
  15. Re:SCO is... by AKnightCowboy · · Score: 4, Insightful
    SCO is DYING to be bought out. They're grasping at whatever straws they can find, thinking that IBM the vampire slayer will finally drive a buyout stake through their black heart.

    I think IBM has found it's much more satisfying to slowly drain the blood from their prey over the course of many years of heated battle in a courtroom rather than go for a quick kill. Lawyers are very expensive and this will be a war of attrition. IBM will win simply because they will have the resources to stick this out for the long haul. They should be in NO hurry to settle this. Every day they delay is another couple hundred thousand dollars drained out of SCO's war chest by expensive lawyers.

  16. SCO does not own RCU! by xyote · · Score: 5, Informative

    Even IBM doesn't own it. It's in the public domain. Because it was invented by IBM 3 times (hey, it's a big company). Once in the mid 80's in VM/XA Rel 2 (patent 4,809,168 now expired), once at Sequent which was acquired by IBM and where RCU was coined, and once as part of the K42 project at IBM research.

    1. Re:SCO does not own RCU! by _|()|\| · · Score: 5, Informative
      The code that found its way into Linux is "based on original DYNIX/ptx code (released by IBM under GPL)." SCO's position is that everything in DYNIX/ptx, including RCU, is derivative of System V.

      Most of us assumed that SCO's chest thumping about copyright infringement referred to literal copying of System V or Monterey code. Now, it seems, it is based on the more tenuous theory that any part of a System V-based O/S is derivative.

  17. Re:SMP? RCU? by dschuetz · · Score: 4, Informative

    Since when did IBM have anything to do with SMP in the kernel?

    I think they're complaining that SMP was a restricted technology, so by helping to add SMP to the Linux kernel, and making it freely available, IBM violated US export laws. By violating those laws, IBM is therefore in violation of the SCO / IBM license agreement (not sure how that connection was made), and therefore, all rights assigned to IBM are void, blah, blah, blah, blah.

    They're asking a judge for an injunction now? Good. The sooner the judicial system gets a chance to take a formal look at this, the better.

  18. Highlights and changes in tactics by Badgerman · · Score: 5, Insightful

    These elements of the article stood out to me as indicating changes in tactics or tactics that they're planning to use:

    The amended suit also asserts that SCO holds copyrights to Unix, a point that could be key in future Linux and Unix litigation. Novell, which owned Unix intellectual property before selling it to SCO's predecessor, initially disputed SCO's ownership, but later relented.

    IANAL - I wonder why they've inserted this now. Did they forget? Is this just clarification? Are they hoping to get some mindshare here? It's weirder since the suit makes no claims of copyright violation . . .

    "As IBM executives know, a significant flaw of Linux is the inability and/or unwillingness of the Linux process manager, Linus Torvalds, to identify the intellectual property origins of contributed source code that comes in from those many different software developers. If source code is code copied from protected Unix code, there is no way for Linus Torvalds to identify that fact," the suit said. "As a result, a very significant amount of Unix protected code is currently found in Linux 2.4.x and Linux 2.5.x releases in violation of SCO's contractual rights and copyrights."

    I'm concerned this is getting personal (well, moreso). It casts doubt on Linus' competency and/or ethics, thus casting doubts on Linux, and I think may be a veiled threat towards Torvalds and suggest that in the future they may, as has been hinted, take action against him individually.

    Redesigning Linux for use by demanding business customers "is not technologically feasible or even possible at the enterprise level without (a) a high degree of design coordination, (b) access to expensive and sophisticated design and testing equipment; (c) access to Unix code and development methods; (d) Unix architectural experience; and (e) a very significant financial investment," the amended suit says.

    They either don't get how OS works or don't want to. Despite the changes, it pretty much the same thing - "Linux couldn't have gotten where it is without stealing. Which, by the way, is IBM and Linus' fault."

    The suit also adds illegal export issues stemming from the worldwide availability of open-source software. SCO claims IBM has breached its contract by making multiprocessor operating system technology available "for free distribution to anyone in the world," including residents of Cuba, Iran, Syria, North Korea and Libya, countries to which the United States controls exports. The open-source technology IBM released "can be used for encryption, scientific research and weapons research," the suit said.

    The only way I can sum this up is "If you use Linux, the terrorists have already won." This addition is rather odd, as if they are so worried, why wasn't this in the original suit? It smacks of exploiting the fear of terrorism and rogue nations for their own ends, and to me hints that their next strategy could be to focus on the idea that "Linx is unethical."

    Overall? I expect it to get more personal and more nasty on the part of SCO. I expect them to target Linus more, and possibly other developers or groups.

    --
    "The Sage treasures Unity and measures all things by it" - Lao Tzu
  19. I don't un'erstan', padre... by zeus_tfc · · Score: 3, Insightful

    I don't know all the history of Unix, Linux, etc. but from reading the comments in the past couple of stories, the consensus seems to be that SCO doesn't have a leg to stand on. There have also been repeated comments about IBM's lawyers.

    So my question(s) is(are):

    What does SCO hope to gain? Do they really think they have a chance against IBM's lawyers? Do they think they really have a case? Is this just some blatant attention-getting tactic?

    I mean, we know IBM has a massive legal team, and money to burn on this issue, especially since there is MORE money at stake, so why would SCO even try this if they don't actually have a valid case as most of the slashdotters seem to think? Could they HAVE a valid case? If not, why this continued charade? Are they mad?

    I'm confused.

    --
    "...At the end of the day"..."when everyone goes home, you're stuck with yourself." RIP Layne Staley
    1. Re:I don't un'erstan', padre... by akiaki007 · · Score: 4, Interesting

      What does SCO hope to gain?
      1 Billion Dollars. Which would six-tuple their revenue from the last year. That's a lot.

      Do they really think they have a chance against IBM's lawyers?
      Not a chance. Not especially since it's not just IBM, but the Linux community acting out against them. Just yesterday a programmer from Germany sent SCO a letter asking them to stop using OpenUnix and to provide him of all information as to who is running it, because it contains his copyrighted Linux kernel code and OpenUnix violates GPL (not part of it). I 'm sorry, I can't remember his name

      Do they think they really have a case? Is this just some blatant attention-getting tactic?
      I don't think so, and many don't. Attention getting? I think so. Their stocks were 2$ in Feb, and now are at 10.50 (as of 17:05 yesterday), and will open .40 cents lower than yesterday's close. That is a huge gain. Lots of attention. Also, their VP is selling 10,000 shares on open this morning (cash in obviously). He probably thinks they've reached their high point and have no where to go but down. The case currently stands at 50$ billion, and that is a LOT of attention. The company itslef is only worth a couple hundred million dollars, and IBM could easily just squash them with a hostile bid and buy out all their stock. Which I'm sure SCO execs would love, because the shares are incredibly high compared to Feb '03. Will IBM? Why would they? They get nothing out of the deal except a mouse. They'll play SCO's cards and see where it takes them. Perhaps in the end IBM will buy SCO (then MSFT will be paying IBM for the Unix licence ;))

      --
      "Time is long and life is short, so begin to live while you still can." -EV
    2. Re:I don't un'erstan', padre... by Tsu+Dho+Nimh · · Score: 3, Insightful
      "why would SCO even try this"

      Desperation probably. Caldera's Linux business never got off the ground, they pissed away $70 MILLION of the IPO, the stock had been declining steadily since the IPO, buying UNIX was not the financial bonanza it was supposed to be (SCO Unix is apparently not very good), and the Trillium project fell apart ... the company was headed for oblivion. ... so they brought in new management. He spotted some dusty old licenses and decided to rattle some cages to see if he could shake revenue loose. The cage rattling apparently got nothing but yawns.

      ... and then they noticed all those similar bits of code and because McBride wasn't around for most of Caldera's involvement with Linux development he doesn't believe it might have come from Caldera. Being pissed at IBM for its support of Linux, SCO decided that the only way Linux could have improved so fast is if IBM gave trade secrets to Linux. So they sued, probably hoping for a fast settlement they could wave at other UNIX companies to shake more money loose. Unfortunately for them, they accused IBM of leaking trade secrets. IBM can't afford to have their reputation besmirched ... settling with SCO for as little as a penny would be an admission that they misused had been caught playing fast and loose with information belonging to other companies. That would cost them billions in business ... whereas lawyers only cost a few millions, and they already have them on staff.

      Now, with only the continued hysterical chest-pounding from Utah propping up the stock price, McBride has to keep up the steady stream of pronouncments, and escalate his demands.

  20. IBM to SCO by earthforce_1 · · Score: 4, Funny


    I see your 3 billion and raise you two more. Show your cards...

    --
    My rights don't need management.
  21. Re:I've been away, so maybe this has been suggeste by KeoghX · · Score: 5, Funny

    FUD champagne? Is that the kind with scary bubbles?

  22. Godwin's law v2 by BenjyD · · Score: 4, Funny

    ... available "for free distribution to anyone in the world," including residents of Cuba, Iran, Syria, North Korea and Libya, countries to which the United States controls exports. The open-source technology IBM released "can be used for encryption, scientific research and weapons research," the suit said.

    So IBM is helping terrorists and rogue states now? I think we need an addition to Godwin's Law - "As a dispute goes on, the probability of one side claiming the other is helping terrorists approaches one"

    1. Re:Godwin's law v2 by Waab · · Score: 4, Funny

      There's no need to make an addition to Godwin's Law itself. From now on, we'll just have Godwin's Law and the Ashcroft Corollary.

  23. Actually, $50 Billion (story inside) by akiaki007 · · Score: 4, Informative

    Story from Bloomberg...

    BN 06/16 SCO Cancels IBM Contract, Seeks $50 Billion in Suit (Update4)

    SCO Cancels IBM Contract, Seeks $50 Billion in Suit (Update4)

    (Adds additional IBM comment in fourth paragraph.)

    June 16 (Bloomberg) --- SCO Group Inc. canceled International
    Business Machines Corp.'s contract for the AIX Unix operating
    system and revised a lawsuit against IBM to seek as much as $50
    billion.
    The amended complaint also seeks an order forbidding the
    sale of IBM's AIX operating system, SCO Chief Executive Darl
    McBride said. SCO, which licenses Unix to thousands of companies,
    sued IBM in March claiming it transferred Unix code into the
    related Linux operating system in breach of IBM's contract. IBM,
    the world's second-largest software maker, denies the claims.
    ``The meter is now ticking with respect to AIX and will be
    ticking until we get conclusion to this,'' McBride said in an
    interview. SCO is seeking from IBM ``any amount they get from the
    AIX or related business lines'' while the case is pending, an
    amount he said could run as high as $50 billion.
    IBM's AIX license is irrevocable and there is nothing in
    today's action that changes that, IBM spokeswoman Trink Guarino
    said. IBM will continue to ship AIX and develop products, the
    company said in a statement.
    SCO shares fell 28 cents, or 2.5 percent, to $10.93 at 4
    p.m. New York time in Nasdaq Stock Market trading after earlier
    dropping 14 percent to $9.60. Shares of IBM, the world's largest
    computer maker, rose $1.75 to $84.50 in New York Stock Exchange
    Composite trading. They've gained 9 percent this year.

    Impede Marketing

    SCO's lawsuit might hamper IBM and dozens of other
    companies' marketing of Linux, which Morgan Stanley and other
    companies use to cut costs, analysts said. Today's move escalates
    SCO's demands by expanding a previous demand of $1 billion in
    damages and seeking an injunction against AIX, which SoundView
    analyst John Jones said generated $2.8 billion in sales in 2002.
    ``For a fraction of that, IBM can buy SCO outright,'' said
    Carl Hoagland, an analyst with State Street Corp., referring to
    the demand for as much as $50 billion. ``Why bother to play these
    games?'' State Street is IBM's largest shareholder.
    Lindon, Utah-based SCO, worth about $134 million based on
    today's closing stock price, bought Novell Inc.'s licensing
    rights to Unix for $145 million in 1995. Novell, whose software
    is used to manage computer networks, last month challenged SCO's
    claims, saying Novell retains ownership of the Unix patents and
    copyrights. SCO maintains it has legal entitlement to them.
    SCO's suit was filed by attorney David Boies of Boies,
    Schiller & Flexner LLP, who represented the U.S. Justice
    Department in its antitrust lawsuit against Microsoft Corp. and
    Vice President Al Gore in his dispute over the 2000 presidential
    election results. Both Boies' firm and IBM are based in Armonk,
    New York.
    Linux, developed by Finnish developer Linus Torvalds, is
    maintained and updated by a corps of volunteer programmers who
    make it available for free over the Internet. Companies such as
    IBM, Oracle Corp. and Red Hat Inc. make money from Linux by
    selling computers, software and services related to the operating
    system.
    Unix was first developed in the late 1960s by AT&T Corp. Sun
    Microsystems Inc., Hewlett-Packard Co., IBM and other companies
    over the years derived their own operating systems based on Unix.
    Linux is one of the most recent Unix offshoots to emerge.
    Microsoft Corp. is the world's biggest software maker.

    --Jonathan Berr in the Princeton newsroom (1) (609) 750-4516 or
    jberr@Bloomberg.net. and Dan Goodin in San Francisco, (1) (415)
    743-3548 or dgoodin@bloomberg.net. Editor: Todd.

    --
    "Time is long and life is short, so begin to live while you still can." -EV
  24. Re:SMP? RCU? by jone1941 · · Score: 4, Funny

    It's like playing the Kevin Bacon game! Can you claim IBM broke your license agreement in less than 7 hops? Yes? Well then you've got a case. Sad. It's just sad.

    --
    Fear trumps hope and ignorance trumps both
  25. Non-Sequiters by clonebarkins · · Score: 3, Interesting

    All of SCOs claims are non-sequiters. I would debunk them here, but OSI already did!

    --

    "The evil of the world is made possible by nothing but the sanction you give it." -- Ayn Rand

  26. Something to consider... by Sheetrock · · Score: 5, Insightful
    Not only that, but there is also the cash infusion via the (re?)licensing of Unix from SCO to consider. I don't think it's an unfair suppository to make at all that Microsoft is viewing this as a high-risk low-cost gamble on SCO winning this fight.

    Kind of wierd when you think that Caldera (now SCO) acquired DR-DOS to do legal battle with Microsoft only two years ago, but I suppose that just illustrates the shifting loyalties on the intellectual property battlefield. IBM is good and all, but one wonders how long they'd back Linux if a better opportunity comes along.

    --

    Try not. Do or do not, there is no try.
    -- Dr. Spock, stardate 2822-3.




    1. Re:Something to consider... by tmhsiao · · Score: 5, Funny

      I don't think it's an unfair suppository to make at all that Microsoft is viewing this as a high-risk low-cost gamble on SCO winning this fight.

      I hate those unfair suppositories, especially from Microsoft.

      I always knew Bill Gates was trying to shove something up my bunghole.

      --
      "My God...It's full of ads!" -Fry, about the Internet, Futurama
    2. Re: Something to consider... by Black+Parrot · · Score: 4, Interesting


      > I don't think it's an unfair suppository to make at all that Microsoft is viewing this as a high-risk low-cost gamble on SCO winning this fight.

      It's not a gamble; it's a kamikazi attack. SCOX was almost worthless and their product had no future. Why let it fade away when you can turn it into a flaming bomb amid the enemy fleet?

      Notice that Microsoft wins whether SCO wins or not. The only interesting question is whether SCO's executives are dupes or willing conspirators.

      --
      Sheesh, evil *and* a jerk. -- Jade
  27. Re:SCO is... by Crockerboy · · Score: 5, Insightful

    IBM will win simply because they will have the resources to stick this out for the long haul.

    It's sad really that this is the reason they will will, not because they are in the right or anything...

  28. Re:SCO is... by killerc · · Score: 3, Interesting

    Every day they delay is another couple hundred thousand dollars drained out of SCO's war chest by expensive lawyers.

    Yes, but every day they delay squashing this problem is another day the FUD being spread by SCO chases away current and potential customers of AIX and their Linux server business.

  29. Re:As exciting as it is... by Sven+Tuerpe · · Score: 4, Insightful
    When is SCO going to get crushed like a lone sidewalk snail?

    Why hope to see them crushed? They provide a pretty useful service to the public: demonstrating that the concept of intellectual property leads to poor results if applied in the manner shown by SCO. Intellectual property is a nice idea if used e.g. by an artist to protect her works from unauthorized altering, or if it helps an inventor to make a living. It is not if separated from the actual, individual creators of something; it is not if used to revoke transactions after the fact; it is not if applied to prevent people from tinkering with things they did buy. Now we have a showcase. Thank you, SCO!

    --
    http://erichsieht.wordpress.com/category/english/
  30. Re:As exciting as it is... by kinnell · · Score: 3, Funny
    as much as I've been enjoying this soap opera, I'm really getting sick of it now.

    I'm sorry to hear that, but I'm still loving it. I especially liked the bit about exporting to axis of evil countries, and the weaponisation of linux. And doubling the claim just when things are getting hairy for them. It's like a failed poker player trying to pull off the biggest bluff in history, when everyone knows he's only got a pair. When this goes to court, it'll be hillarious. Go SCO!

    --
    If I seem short sighted, it is because I stand on the shoulders of midgets
  31. Re:SMP? RCU? by Surak · · Score: 5, Interesting

    Um, IBM didn't make Linux freely available. Linus Torvalds did. They contributed to the code, but they didn't contribute the SMP code. THey contributed the RCU thing which helps with SMP, but the SMP code itself was already in there, and hence, if anyone is liable for SMP code being in there it's Alan Cox -- and he's in the U.K. and can't be held liable for U.S. export laws.

    SCO is high. That's the only explanation here. ;)

  32. Export Regulations by vandan · · Score: 4, Insightful

    I've always thought that the Export Regulation laws were screwed.
    Why would Iran, Syria, or whoever want to build a supercomputer to simulate a nuclear explosion, when they only have to ask the fucking yankees nicely and they will gladly provide them with the real thing "oh sure it killed millions of people & animals and poisened hundres of millions for millions of years to come, but think of how many american lives it saved".

    Seriosly, nuclear explosions have been studied to death (pun intended). Anyone serious about taking a shot at the US (I'm sure there are some out there) only need pay a laughably insignificant amount of money either on the black market or to the arms manufacturers who don't give a frig about what the Pentagon would like.

    Preventing SMP and supercomputer technology (and the fucking web browser I'm using, for fuck's sake) from entering [insert anti-american country here] is just demonstrating american arrogance. I'm sure it is done in the same spirit as all the bans on medical equipment entering Iraq. Can't have the fuckers healing themselves! The yankees aren't too keen on keeping their karma high, are they?

  33. the weirdest claim by Artifex · · Score: 4, Insightful

    SCO is asserting that IBM is violating export controls, but how that has anything to do with SCO is anyone's guess, unless of course SCO is claiming unfair competition in the giving-tech-to-hostile-countries-market.

    Seriously, only the U.S. government can really have much of a case against them for that, if in fact they are in violation.

    This is like one of my first graders, back when I tutored, coming up to me and complaining that some other kid was hogging the smelly markers (he had 1), oh and also, know what know what know what know what? He threw a rock at the doggy they saw on the way home yesterday, too!

    In other words, a finger-pointing smear campaign, because the original complaint is meritless.
    At least little kids are guileless enough to blush and admit it, when you call them on it.

    --
    Get off my launchpad!
  34. Sun sponsoring SCO? Possible proof! by ultrabot · · Score: 5, Insightful

    I'm reposting this, since the previous posting was to an article that was pretty dead already .

    From McBride interview at ZDNet:

    How did Microsoft's agreement to pay you for Unix rights happen?

    Darl: In the Microsoft case, they saw an opportunity. We originally approached them and said we're on a new licensing path; we have this intellectual property that we've started approaching vendors about. IBM is one we approached; Microsoft was another. We had about four big vendors in the last quarter that we talked with. With two of them, we signed deals. The other we're still talking with, and IBM we reached an impasse.

    To me it feels like they are still talking with HP, and Sun decided to pay up to take a stab at linux (in the back, I might as well say). Or is there any other interpretation? Was anyone surprised at how quick Sun was to advertise that they are in the clear?

    Also, SCO has said that Sun is the only company that is clear of all the violations. Even M$ is less clear.

    I hope someone brings this up in an interview with Scott, so he can explicitly deny this if it is untrue.

    --
    Save your wrists today - switch to Dvorak
  35. SCO claims RCU is derivative of SysV by _|()|\| · · Score: 5, Interesting
    RCU is also notoriously absent from SCO's product, so how they can claim ownership of the technology is beyond me.

    The latest twist in the lawsuit is revealed in a recent CNET interview of Darl McBride: "The System 5 source code, that is really the area that gives us incredible rights, because it includes the control rights on the derivative works that branch off from that trunk. " It is SCO's position that JFS and RCU are derivative of System V.

    Opponents of the GNU General Public License perpetuate the misconception that it is somehow viral. In fact, it is copyright law itself that is viral. Quoting from IP in a Nutshell:

    A copyright owner has the right to exclude all others from creating works based on his own. ... The statutory definition of a "derivative work" is extremeley comprehensive, including such things as translations, arrangements, dramatizations, fictionalizations, films, recordings, abridgments, condensations, "or any other form in which a work may be recast, transformed, or adapted."
    If carried to its conclusion, this suit could be the textbook on derivative works with regard to software.
    1. Re:SCO claims RCU is derivative of SysV by Matrix272 · · Score: 4, Funny

      But that doesn't apply to parodies... so maybe IBM just released a "parody" of System V, eh?

      You can only fight insanity with insanity.

      --
      "It's better to have a gun and not need it than need a gun and not have it." ~ Christian Slater, True Romance
    2. Re:SCO claims RCU is derivative of SysV by Nutcase · · Score: 4, Interesting

      So they are saying the SysV license gives them rights to all derivitive works.. sort of a proprietary version of the GPL's "viral" nature.

      So if they win, the GPL also gains strength via precedent, but free software loses credibility as a development model.

      And if they lose, the GPL /loses/ credibility as a solid license, and it's enforcability comes into question.

      That's sneaky as hell. Whoever thought this up spent a long time covering their bases. For the first time, I am somewhat worried.

    3. Re:SCO claims RCU is derivative of SysV by Sancho · · Score: 5, Insightful

      The license of the GPL is different from the "viral" copyright law. I would suggest that it would not lose any credibility as a solid license or in enforcability. The GPL doesn't claim that violations result in all derivative works transferring back to the original copyright holder, just that derivative works must also be GPL. That should be a lot easier to get past a judge than SCO's claims....we hope, at least.

    4. Re:SCO claims RCU is derivative of SysV by Rich0 · · Score: 3, Insightful

      This would only apply if linux were shown to be a derivative work of SysV. This is copyright law - not "Trade secrets" law. From what I've read SCO is not alleging that IBM violated any of their copyrights.

      Copyright does not cover how an OS works, just what it looks like (any artwork) and the verbatim text of the source code and the compiled image of the code. If you rewrite an OS from scratch and don't copy any artwork, chances are that even though your OS may act the same as the OS you are emulating you won't be considered a derivative work. There is a standard way of going about this. You buy a copy of the software you want to copy and give it to a team of programmers. They do not reverse-engineer the software (which would violate the EULA - a different legal matter). Instead they write a detailed specification of how the software behaves - to the most minute details. Then the specs are handed to another team which has never seen the original software and they are asked to write software to meet the specs. The whole process is documented in case of a lawsuit. The new software will act nearly identically to the original software but will not be a derivative work under copyright.

      Patents are a different story - but I don't think SCO wants to get in a patent war with IBM.

      Legally, Microsoft could make a linux clone and relase it non-GPL - provided they did not copy any of the linux source code.

      The key is that linux is not based off of existing unix source - except from parts borrowed from BSD whose copyright status is already known to be clear. Linus wrote the core of the software on his own as a personal project. Since then there have been many contriubuations. As long as nobody copied SysV code they are safe from any accusation of infrigement.

    5. Re:SCO claims RCU is derivative of SysV by Alsee · · Score: 3, Insightful

      Why is it insane for SCO to protect their copyrighted work

      It's not insane for them to protect their copyrighted work, but if you've actually been following the story SCO's actions and claims have been insane and comical.

      First of all within 2 days of the story breaking Microsoft announced it was buying a licence from SCO for around $13 million. Not only did this cash infusion take SCO out of the red ink for the first time in it's entire existance, the deal was extremely out of character for Microsoft. They never buy licences like this unless they are forced to do it kicking and screaming. It looks like SCO is being used as a puppet to throw FUD on Linux. And considering that SCO's main competitor is Microsoft, it looks like they are being sent on a suicide mission.

      SCO is alienating THEIR OWN CUSTOMERS by mailing out legal threats.

      SCO is going after IBM, and even if they had a valid case IBM could probably crush them in a courtroom anyway.

      SCO is alienating it's business partners.

      SCO has been refusing to show the actual lines of code that were copies because they are a 'trade secret', yet all of the lines of code are somewhere in the publicly accessible Linux source.

      There has been reason to think that the code in question was copied from Linux to SCO. Of course it's hard to verify since the code is still secret.

      SCO threatened to sue Linus Torvaldis personally. Even if SCO's claims against IBM are valid, Linus has nothing to do with it.

      Novell has stated that code/patents don't even belong to them, not SCO. If so then SCO can't even bring suit in the first place.

      SCO themselves continued to distribute Linux containing the code in question long after they discovered the issue. This means they either chose to release the code for use under the GPL, or they commited copyright violation by distributing other people's code without permission.

      IBM has hinted they will go after SCO with their portfolio of over 30,000 patents. I'd wager IBM could serve SCO with one patent violation every day for the next two or three months.

      SCO is claiming 3 billion in damages. They came up with that number by assuming they would have captured the entire server market for the last decade or so.

      It seems that SCO may have swiped Linux code that predates any of their claims of code going into Linux. If so then their entire case may be thrown out by estoppel.

      SCO claims of the infringing code have been very peculiar. It started out with "five or ten lines here or there" (seconions that small can simple be due to the fact that two pieces of code to do the same thing tend to look similar), and now they are claiming hundreds of thousands of lines of code were stolen.

      IBM has contributed very little Linux code, and what they did work on was completely alien to the SCO code they had. People involved say it's hard to see how they could have copied anything in from SCO code, much less massive quantities.

      SCO is claiming they are retroactively revoking the licence of everyone who bought AIX from IBM and that they have to destroy that code. Aside from the fact that it's probably impossible to revoke a product that has been legitimately purchased, numerous megacorps run AIX and several departments of the US government such as the weather bureau and parts of the department of traffic. The government would probably declare eminent domain and seize the rights away from SCO before they would permit entire sections of the government and the economy to be shut down by such a stunt.

      IBM seems to be saying pretty confidently that SCO's charges agaist them are false, and the their licence from SCO is irrevokable.

      Now SCO is stating that part of their case is based on an alegation that IBM aledgedly violated US export laws with SMP code wich didn't even come from the US and which has absolutely nothing to do with SCO.

      SCO's case is so bad that even when they make triumphant press releases th

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  36. Re:Timeline of SCO events? by clonebarkins · · Score: 3, Funny
    I don't have the faintest clue what SCO is trying to do, and why it is bad.

    Like that matters! All you need to know is (repeat after me) SCO bad; Linux good. SCO bad; Linux good.

    --

    "The evil of the world is made possible by nothing but the sanction you give it." -- Ayn Rand

  37. Re:SMP? RCU? by cowmix · · Score: 4, Interesting

    "More to the point,
    as noted in the OSI position paper on the lawsuit
    (about half way down - search for SMP and you will eventually find the
    correct segment), Linux had working SMP before UNIX did, so this is a
    null claim."


    Arg.. ESR has that wrong. SMP was
    not working on Linux first.. Both the UnixWare and SCO UNIX banches had
    SMP working before Linux.

  38. Future think by Ignorant+Aardvark · · Score: 4, Funny

    Translation of the next obfuscated memo to come out of IBM:

    No, seriously, you need to fuck off now. It's not funny anymore.

  39. Re:Hmm... by LizardKing · · Score: 5, Interesting

    SCO claims that the SMP jumped from 4 processors to 64, something that the linux community could not do on their own, mostly because none of us could afford a 64 proc machine

    I remember someone porting SMP Linux to a Sun ES10000 machine and posting the dmesg output to the kernel mailing list. That particular ES10000 sported 64 processors if memory serves, and this feat was accomplished long before IBM became a big Linux player.

    From what I remember of Linux SMP capabilities circa 2.2.x, it could scale to a large number of processors, but PC's mobos were only available with a maximum of four processor slots. I'm pretty sure that's where the "only four processors" thing comes from.

    Chris

  40. Re:SMP? RCU? by Waffle+Iron · · Score: 5, Funny
    I think they're complaining that SMP was a restricted technology, so by helping to add SMP to the Linux kernel, and making it freely available, IBM violated US export laws.

    Who else very recently made the Linux kernel freely available to any foreign party including terrorists, communists and all three vertices of the Axis of Evil?

    Hmmm?

    Could it be .... SCO!!!???

    Didn't they do the due dilligence to see if the capabilities that they were distributing were exportable under U.S. law? Looks like they didn't, and now OBL himself could very well be running Caldera Linux on the Beowulf cluster in his cave simulating thermonuclear explosions.

  41. Re:Timeline of SCO events? by iwaku · · Score: 4, Informative

    This might help: http://news.com.com/2104-1016_3-1017965.html

  42. Still running on the stock scam theory by Jerf · · Score: 4, Interesting

    I'm still running on the stock scam theory. It explains the escalating shrillness of SCO (must stay in the news to affect the stock price) better then anything else.

    I'm not buying the Microsoft support conspiracy theory because whatever else you may think, you have to concede that Microsoft is a smart company and if they were going to indirectly support SCO in this, they would not leave an blatently obvious money trail to SCO. I think they licensed SCO's IP to just make them go away. Microsoft may have a huge legal team but odds are they are not sitting in Redmond twiddling their fingers; all else being equal even a company as large as Microsoft would probably prefer not to add another lawsuit to its plate.

    Without the Microsoft support (IMHO), the "trying to discredit Linux" isn't the motivation, it's just a side-effect of their need to continually ramp up the volume.

    If I'm right then we'll know in a bit; SCO can't maintain this volume much longer. I predict that in the next couple of weeks, SCO will unexpectedly drop the suit... and quite possible fold entirely.

  43. Huh? by Catiline · · Score: 5, Insightful
    "As IBM executives know, a significant flaw of Linux is the inability ... of the Linux process manager, Linus Torvalds, to identify the intellectual property origins of contributed source code.... If [contributed] source code is code copied from protected Unix code, there is no way for Linus Torvalds to identify that fact," the [filing] said.

    Is this a flaw of Linux, or just the simple fact that SCO is claiming that their closed source system is being infringed? 'Closed source' means the general public -- including the esteemed Mr. Torvalds -- are not privy to the original code. So exactly what method of verification did SCO have in mind for Linux developers to follow? Of course, we then have Linus' (less directed) retort:

    "It's not our side that isn't identifying the code. We'll work damn hard to identify everything they care to name," Torvalds said. "In fact, the source control system is out there in the public, and it identifies the source and the reason for patches."

    IOW, "we can't identify infringing code and remove it if you refuse to give us that information. Our process is out in the open and you are able to glean all the facts you may need ... what's your holdup?"

  44. SCO = next Enron by dh003i · · Score: 4, Insightful

    It is obvious that the executives of this company have no long-term business plan for SCO. This lawsuit is obviously entirely bogus -- see the OSI position paper on it, and if it had any value IMB would have settled or bought SCO.

    Rather than focusing on creating a sound business plan and actually making a good product which consumers want to buy -- something which SCO has failed to do as of yet -- they have chosen to throw baseless allegations around. It generates stock-market interest.

    They are obviously planning on doing some insider trading, selling out the investors when the stock is at it's peak, long before the inevitable crash.

    As for the allegation that Torvalds can't determine what code contributed is proprietary, no-one can within reasonable means. The best anyone can do is get those contributing to accept responsibility for the contributed code and sign a legal agreement stating that it is their own code. He, nor anyone else, cannot put out bulletins asking the world "is this anyone's proprietary code" before contributing something to the kernel. Many companies would lie and say it was, wasting his time and putting an undue burden on him. Furthermore, he'd have no way of verifying such claims.

    The best approach to writing software is exactly what Linus has advocated. Pay no attention to legal patent/copyright, and simply write code. When accepting code from other's, make them claim liability for it, and legally say that it is their own, or code they're allowed to contribute to the best of their knowledge. Trying to find out for sure if contributed code may or may not be copyrighted is an undue burden, and puts additional liability on developers.

    Btw, Linux is international. So is GNU software. This lawsuite, even if it's claims of misappropriation are true, will not necessarily force any changes in Linux or GNU/Linux. If any code is SCO's, however, for the convenience of those working in the US, it will rapidly be coded around. This is a non-issue no matter which way you look at it.

  45. Future lawsuit headlines by fireboy1919 · · Score: 5, Funny

    SCO upps damages to 6 billion - citing IBM's illegal use of 'international business machines' acroynm which they thought up first.

    Damages go up to 15 trillion when SCO discovers that gravity and other basic laws of the Universe which IBM has been using to build servers formed a basis for SCO's machines first.

    Finally, SCO ups damages to (quoting here) "forty bazillion-kabillion" for "having a successful business," which is what SCO was planning to do but couldn't because of IBM.

    It should be noted that this last figure was given just before the Executive board collectively passed out after coming down dangerously from a hallucenagic high caused by dry-erase markers, non-dairy creamer, pez, and possibly other office-related recreational drugs.

    --
    Mod me down and I will become more powerful than you can possibly imagine!
  46. Re:SMP? RCU? by Bootsy+Collins · · Score: 5, Insightful

    And RCU is clearly a technology that Sequent designed for DYNIX/ptx. Sequent, as the link to RCU states, is now owned by IBM, so I suppose they'd have clear rights to this, no problem. RCU is also notoriously absent from SCO's product, so how they can claim ownership of the technology is beyond me.

    OK, I could be completely wrong here. Lord knows trying to figure out what's in these people's minds is hard. But here's what I think is going on, and why they make such a claim. I preface this by saying that it was other posters here, in yesterday's SCO-related articles, that first made this point to me. First, check out this C|Net article, containing a brief interview with the CEO of SCO. In particular, note this quote:

    Where people get a little confused is when they think of SCO Unix as just the Unix that runs the cash register at McDonalds. We think of this as a tree. We have the tree trunk, with Unix System 5 running right down the middle of the trunk. That is our core ownership position on Unix.

    Off the tree trunk, you have a number of branches, and these are the various flavors of Unix. HP-UX, IBM's AIX, Sun Solaris, Fujitsu, NEC--there are a number of flavors out there. SCO has a couple of flavors, too, called OpenServer and UnixWare. But don't confuse the branches with the trunk. The System 5 source code, that is really the area that gives us incredible rights, because it includes the control rights on the derivative works that branch off from that trunk.

    I added the boldface to that last clause for emphasis.

    Similarly, Chris Sontag, SCO's Senior Vice President of the Operating Systems Division, said the following in this Byte magazine article:

    We believe that UNIX System V provided the basic building blocks for all subsequent computer operating systems, and that they all tend to be derived from UNIX System V (and therefore are claimed as SCO's intellectual property).

    The point is that I think they feel they have some sort of rights over the additional code and technologies that licensees add to the System V code they license from SCO in the process of creating their particular product. IBM bought Sequent, acquiring Sequent's RCU technology. IBM added that technology to AIX. Apparently, in SCO's mind, that gives SCO some degree of rights over that technology, because it's now part of AIX, and AIX is a derivative work of SCO's System V code, and SCO believes they have some amount of rights over all derivative works. And therefore, claims SCO, adding it to Linux violated SCO's rights.

    This seems like what they're saying. It also seems completely nuts -- unless IBM's license for SysV code for AIX gives the rights for technologies they come up with and add to AIX back to the owner of the System V codebase. I can't imagine that being true, though.

    Another read on this is that it looks even more than it did before like an attempt to re-try the Unix Systems Labs vs. BSD case.

  47. But there is no distro with RCLOCK yet by NuMessiah · · Score: 3, Informative

    Does anyone remember the news articles like "SCO may expand Linux case" where RedHat, SuSE & co were mentioned as next targets?

    Well how could SCO target those companies when they didn't released distros with RCLOCK yet ?!? Providing they can prove that RCLOCK is really "derived" from SysV.

    All this looks like South American soap opera with really bad script.

    bb4now,
    PMC

    --
    we-go-we-fly
  48. Re:Release the ninjas... by Mohammed+Al-Sahaf · · Score: 5, Funny
    There is no way penguins can write SMP code without our help. We will slaughter all the penquins and have them for dinner
    As SCO's new press minister, I can confirm this.

    IBM are a superpower of villains. They are superpower of Al Capone. These cowards have no morals - they have no shame about lying. We will slaughter them all .... most of them. The situation is excellent, they are going to try to sue us, and I believe their grave will be there. We will push those crooks, those mercenaries back into the swamp!

    Mohammed al-Sahaf (now SCO press spokesman)
    --
    Former Iraqi Information Minister Mohammed Saeed al-Sahaf
  49. Re:the weirdest claim -- SCO exported it too... by BadElf · · Score: 4, Insightful

    From the article: "...for free distribution to anyone in the world," including residents of Cuba, Iran, Syria, North Korea and Libya, countries to which the United States controls exports."

    The last I heard, Linux has been (and is) developed by folks from all over the world -- including the countries in question -- so how does "export" even come into play here?

    Using SCO's own twisted logic, wouldn't SCO itself be responsible for "exporting" banned code to these countries by making its distros available on their FTP servers?

  50. Comment removed by account_deleted · · Score: 3, Interesting

    Comment removed based on user account deletion

  51. Re:SMP? RCU? by Surak · · Score: 4, Interesting

    Another read on this is that it looks even more than it did before like an attempt to re-try the Unix Systems Labs vs. BSD case.

    Yeah, and USL lost on that one. IBM's SysV license comes from AT&T, it did not originate from SCO. So IBM had the license with USL, and then later Novell, and then later SCO, and then later Caldera, and then later SCO.

    Okay. So if USL lost, then the precedence has already been set -- USL didn't have rights to derivative works as ruled by the courts, so neither does SCO, because SCO has the same rights USL had, presumably. The OSI position paper covers this.

    Yeah, so SCO even in your scenario, is STILL on crack and they STILL aren't sharing.

    Also, tinfoil hat mode, Look at Sontag's quote:

    We believe that UNIX System V provided the basic building blocks for all Subsequent Computer Operating systems, and that they all tend to be derived from UNIX System V (and therefore are claimed as SCO's intellectual property).

    Hmmmmm ....conspiracy? they changed their name to SCO Group to reflect their main source of revenue, which apparently is everyone who makes an operating system that comes after Unix. :)

  52. Inconceivable by Spazmania · · Score: 4, Funny

    Redesigning Linux for use by demanding business customers "is not technologically feasible or even possible at the enterprise level without (a) a high degree of design coordination, (b) access to expensive and sophisticated design and testing equipment; (c) access to Unix code and development methods; (d) Unix architectural experience; and (e) a very significant financial investment," the amended suit says.

    SCO: They built a better OS using so-called open source methods? Inconceivable!

    IBM: You keep using that word. I do not think it means what you think it means.

    --
    Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
  53. /. pathetic response by guanxi · · Score: 3, Insightful

    Almost every comment here could be modded down as 'Redundant'. Rants against SCO are a poor substitute for analysis, and absent analysis, we're all in the dark.

    Let's look carefully at the issue:

    We know well the weaknesses in SCO's claims, but what are the strengths? The issue is legal weaknesses and strengths: The contest isn't in the court of common sense or the FSF; it's being decided in a court of U.S. law.

    * Has anyone, besides SCO, looked at the Linux code and tried to determine what might have come from SCO, and what might have come from a common predecessor?

    * FUD FUD FUD: Lawsuits can last years and SCO's, whatever its merits, may cause Fear, Uncertainty and Doubt, freezing many Linux customers and Linux contributors (who don't want to waste their time or be sued) for as long as it lasts. How can the FUD be countered?

    * If SCO wins, what can be done? What will the consequences be?

    * IBM will act in its own interests, of course, and not in the interests of the Linux community; what should we expect from them?

    * How time-consuming would it be to replace all SCO code (if it does exist)? Should it be done now, with all the code they claim regardless of merit, to preempt their case?

    * Is including controlled technologies in Linux the equivalent of violating US export laws? That could have implications far beyond SCO's suit.

    These seem like the critical issues to me.

    1. Re:/. pathetic response by lovebyte · · Score: 4, Informative

      You are right about /. pathetic response. I think the most interesting point is this:

      * Is including controlled technologies in Linux the equivalent of violating US export laws? That could have implications far beyond SCO's suit.

      It could, but mostly for US companies and developers. Let's not forget that GNU/Linux is an international effort.

      --

      I'll do it for cheesy poofs.

    2. Re:/. pathetic response by Zathrus · · Score: 4, Insightful

      We know well the weaknesses in SCO's claims, but what are the strengths?

      That's the issue... thus far there haven't been any strengths found. The lawsuit is rotten at the core -- the original statement was that IBM leaked SCO trade secrets regarding a number of enterprise level features to Linux. The problem is, each and every one of those features existed in Linux prior to IBM's involvement. It's very hard to have a strong house when your foundation is rotten.

      Has anyone, besides SCO, looked at the Linux code and tried to determine what might have come from SCO, and what might have come from a common predecessor?

      No, because it's an impossibility to do that. SCO is now claiming hundreds of thousands of lines... you can probably look at the whole of Linux and say "well, yeah, the idea for that came from XYZZY", but that's irrelevant - you can't copyright an idea.

      How can the FUD be countered?

      It's difficult to do so if done right. But thus far SCO hasn't been getting many people buying into their FUD. Infoworld, eWeek, CNet, etc. are all casting aspersions on SCO's claims - none are saying that you should shy away from Linux. The only analysts that are saying that are ones that were already in SCO's (or MS's) pockets... and if your management listens to them then you weren't ever going to go to Linux in the first place.

      If SCO wins, what can be done? What will the consequences be?

      Violating code will have to be removed. That's it. That's all that SCO can do -- even in the case of copyright violation (which they're STILL not claiming), all they can do is request cessation of further infringement. They dropped the ball on this one when they didn't properly register the transfer of copyright from Novell -- without that filing you cannot sue for damages or any other monetary amounts -- only for cessation. US law is very, very clear on this.

      IBM will act in its own interests, of course, and not in the interests of the Linux community; what should we expect from them?

      Expect nothing but that they'll do what you say - act in their own best interests. But SCO has acted stupidly here too -- they're trying to back a grizzly bear into a corner. What the hell are they expecting? Statements like revoking AIX's license, that AIX customers are now in violation, claiming IP that belongs to IBM (RCU), etc. are doing nothing but insuring that IBM will go to court to protect their most valuable assets - their customer base and their IP. SCO isn't just backing the grizzly into a corner, it's getting between a mother and its cubs. If they don't change their tune fast they're going to be very unhappy with the outcome.

      How time-consuming would it be to replace all SCO code (if it does exist)? Should it be done now, with all the code they claim regardless of merit, to preempt their case?

      Again, that's impossible to judge. SCO hasn't stated what's allegedly in violation. You can't replace that which you don't know. To even speculate on this is to do nothing but further SCO's FUD.

      Is including controlled technologies in Linux the equivalent of violating US export laws? That could have implications far beyond SCO's suit.

      SMP isn't a controlled technology. In fact, the only software that is controlled is crypto. All of that work is done outside of US borders and is not subject to US export laws, period. Additionally, SCO kickstarted the SMP development in Linux itself by donating an SMP capable motherboard to Alan Cox (who is a citizen of England, also not under US export restrictions). They're the ones who would be liable in such a case, not IBM.

      Export restrictions are predominantly for hardware, not software (with the exception of crypto mentioned above). SCO is barking up the wrong tree here.

      They may seem like critical issues, but the reality is that there's still no basis in reality for most of them. The ones that might be an issue (copyright or trade secret infringement) have no backing behind them yet -- and until SCO puts forth actual documentation regarding it it's not a critical issue. It's just FUD.

    3. Re:/. pathetic response by bwt · · Score: 5, Informative

      Has anyone, besides SCO, looked at the Linux code and tried to determine what might have come from SCO, and what might have come from a common predecessor?

      So far four components of the Linux source have been implicated: SMP, RCU, NUMA, and JFS.

      I have done a little digging into the NUMA code. IBM has contributed several people who have participlated in developing NUMA under linux. Some names I've run across: Martin Bligh, Matthew Dobson, Patricia Gaughen, John Stultz, Michael Hohnbaum. IBM even has a Linux NUMA news archive. It appears that IBM jumpstarted it's NUMA efforts when it purchased Sequent which was intitally intended to boost its participation in Project Monterey, which is no doubt the origin of SCO's objections.

      The most obvious source file for NUMA is /usr/src/linux/mm/numa.c in the 2.4 series kernels. This file contains a comment header stating it was "Written by Kanoj Sarcar, SGI, Aug 1999". This file has been removed from later 2.5 kernels (its gone by at least 2.5.46), appearently because Linux accepted an IBM NUMA patch as reported here. This patch was announced by Martin Bligh and is likely the code in question in this lawsuit.

  54. Waiting for IBM response by joncarwash · · Score: 5, Interesting

    I don't know about anyone else, but I am waiting for IBM's response to all of this in court. I hope that they don't seal up everything because I would like to see their defense (or offense? - hey, the best defense is a good offense, right?).

    So far, IBM has only made small comments basically shoving aside the entire situation, like their most recent:

    Since filing a lawsuit against IBM, SCO has made public statements and accusations about IBM's Unix license and about Linux in an apparent attempt to create fear uncertainty and doubt among IBM's customers and the open source community.
    IBM's Unix license is irrevocable, perpetual and fully paid up. It cannot be terminated. This matter will eventually be resolved in the normal legal process.
    IBM will continue to ship, support and develop AIX which represents years of IBM innovation, hundreds of millions of dollars of investment and many patents. As always, IBM will stand behind our products and our customers.

    I also remember at the beginning of this whole mess, IBM stated that they wanted this to go to court (specifically a jury trial if I remember correctly). I have no doubt that the IBM legal department has some very interesting material/arguments that they are ready to show everyone.

    Maybe SCO has been spewing with new "revelations" and "violations" but I am sure the very adept IBM legal department has been getting something ready that SCO won't stand a chance against.

    On slashdot (and many other places) people are really getting played by the SCO "FUD" meanwhile IBM doesn't seem to be playing anything up - and people seem to forget what company we are talking about here - the same IBM that has been around since forever and has fought their share of legal battles.

    We should have a little more confidence that good old Big Blue knows what they are doing here and not try to kill ourselves with the B$ flowing out of SCO.

    --
    A computer is a valuable tool, so use it and stop whining.
    1. Re:Waiting for IBM response by dr2chase · · Score: 3, Insightful

      Note that whether IBM intends to take it to trial or buy out SCO, their response (in this situation) will be identical. They get the best price by acting as if SCO had no case -- that drives down the price, which makes the acquisition more attractive. SCO knows this too, of course, and they are required to act as if they did have a valid case, with the exception that if they really did have a valid case, it they would have stuck to it a bit more consistently. The fact that their story changes, and that they seem less eager to bring it to trial than IBM, makes me think their case is not as strong as they claim.

      I think, too, that IBM may be pushing for a stock price collapse; it all depends on shareholder perceptions. If they turn tail, then IBM gets to shut this down on the cheap, plus they get the option to do exactly what SCO accuses them of doing, which is copy Unix code into Linux. I'm sure Sun would like that.

      So, that's my prediction -- more PR battles, IBM does whatever it takes to depress the SCO stock price, then they buy SCO cheap. It could still be a net win for the SCO shareholders, if they get more than it was trading at before all this folderol.

  55. Re:Hmm... by Angry+White+Guy · · Score: 4, Interesting

    It could scale, but not as effectively as Unix. That's where the RCU code comes into play. Without the RCU code, the bottlenecks barely show on 4-way systems, but begin compounding after that. From the RCU Article linked in the story: "Using RCU it is possible to provide some relief from acquiring dcache_lock. The main work of dentry cache is done in looking up existing dentries in the cache which is done by d_lookup routine. Using RCU (and lazy-lru algorithm), we could do lock-less lookup for dentries and bring down the contention for dcache_lock while running dbench considerably from 16.5% to 0.95% on an 8-way SMP box. Recent measurements by Anton showed > 20% improvement in dbench throughput for a 32-way PPC machine." So even though a standard SMP kernel pre-patch could do SMP, the (allegedly)Sco owned code made the kernel 'Enterprise Ready'

    --
    You think that I'm crazy, you should see this guy!
  56. SCO is a Microsoft Patsy by Ranger · · Score: 4, Interesting

    The more I read about this lawsuit the more I'm convinced that SCO is a Microsoft Patsyâ. It doesn't matter if SCO loses as long as it damages the Linux community in the eyes of corporate users. And Microsoft Patsy â will drag this out as long as it takes. It's a lose-lose situation for SCO, Linux, and IBM and a win-win situation for Microsoft.

    --
    "You'll get nothing, and you'll like it!"
    1. Re:SCO is a Microsoft Patsy by walterbyrd · · Score: 4, Insightful

      I know that on /. it's always fashionable to bash msft. but the truth is that sunw has more to win from this than msft.

      - sun hope to convert aix users to solaris.

      - linux and freebsd hurt sun more than msft.

  57. Re:SMP? RCU? by ajs · · Score: 4, Interesting

    Hmmm.. that's a fine point, and I'm not sure I agree with you.

    First off, it depends on your definitions. Having a port to a platform that isn't part of the core project, IMHO does not count (especially since that port is not techinically what SCO is claiming IBM took).

    UnixWare, AFAIK, did not have a core SMP capability prior to Linux. SCO Unix on the other hand may have, I'm not sure. Those are, of course, very different products, and again I think SCO is claiming that the Unix license that was sold to IBM *prior* to SCO's acquisition of the rights are the point of "IP loss", so claiming that they had it first in SCO would not help.

    I would love to hear people who used to work for Novell weigh in on the timeline. I know that Linux had SMP on certain limited motherboards VERY early on and as early as v0.27, 05 may 1998, the new motherboards were being added to the already growing list of Linux SMP platforms....

  58. linux is only the start by in1t · · Score: 4, Interesting

    According to an article on byte.com, Linux is only the start. BSD,Windows,MAC could potentially be targets as wells. SCO appears to beleive that all operating systems are derived in some way from Unix System V technology. I think they are hoping if they stink loud enough someone buy them out. (Byte article is here

  59. IBM and Linux SMP by CrudPuppy · · Score: 5, Informative


    I hate to break it to SCO, but Linux had SMP support LOOOOOONG before IBM got into the open source game. Idiots.

    I hope SCO execs have to sell their kidneys to pay for the lawsuit filed by IBM when courts figure out how unsubstantiated these claims truly are!

    --
    A year spent in artificial intelligence is enough to make one believe in God.
    1. Re:IBM and Linux SMP by LO0G · · Score: 5, Informative

      The issue isn't whether or not Linux had SMP support.

      The issue is whether or not the source code in Linux was written by SCO or not.

      Similarly, the comment in the topic about RCU being invented by Sequent is irrelevant. The issue is if the code that implements RCU in the Linux kernel was written by SCO.

      If the code was written by SCO, then they have a case. If it wasn't, they don't.

      Remember - SCO's not claiming patent infringement, they're claiming copyright violation. Their claim is that the Linux kernel contains code that was written by SCO and shared with IBM under SCO's license to IBM. They claim that IBM then turned around and inserted that code into the Linux kernel that they distributed, thus violating SCO's copyright.

      Whether or not the concepts that are embodied in that code were original to SCO is utterly irrelevant to SCOs case. The ONLY issue is whether or not SCO's code appears in the Linux kernel.

    2. Re:IBM and Linux SMP by tyllwin · · Score: 5, Insightful

      No, let's be clear: IMHO, the issue -- at least in this lawsuit -- is *not* "whether or not SCO's code appears in the Linux kernel." The issue is whether or not they can provce that *IBM* put SCO code into the Linux kernel. If SCO code got into the Linux kernel some other way, they have no case against IBM, at least.

    3. Re:IBM and Linux SMP by slipstick · · Score: 3, Interesting

      No. In the case against IBM, SCO has yet to identify any claim of copyright infringement. They are running purely on their supposed Unix contract rights with IBM. In fact it could very well be that IBM has not performed any copyright infringement in the least and still be found guilty of breaking their contract with SCO. There could be absolutely 0 SCO code in Linux and IBM could still lose.

      SCO's claims of IP infringement, copyright infringement, "ooh I stubbed my toe", all of that doesn't matter. What matters is IBM's contract with SCO and what rights that gives SCO stemming over original work in Unix even work that isn't theirs. However, it will be a stretch or a really poorly written contract that would give SCO claim over any work not done by them.

      Go reread the cnet link, it clearly says they have yet to lay copyright infringement claims against IBM. When you realize that is the case you see everything else they have been doing as a total and utter smokescreen.

      --
      Sure information wants to be free, but how much are you willing to pay for the packaging?
    4. Re:IBM and Linux SMP by surprise_audit · · Score: 4, Interesting
      The issue isn't whether or not Linux had SMP support.

      The issue is whether or not the source code in Linux was written by SCO or not.

      To be strictly accurate, this case is about whether IBM was responsible for SCO's alleged SMP code being ported to Linux.

      If the Linux Kernel commits show that: 1) Linux got SMP before IBM was involved; and/or 2) that the developer(s) who submitted the SMP code had no connection with IBM, then SCO's immediate case against IBM falls apart.

      I mean, it's possible that SCO's code could reach Linux some other way, not just via IBM, right? I'm not saying it did, just that it's possible. If it can be proved that Linux' SMP code is in no way related to IBM, then SCO has just dug their grave a little deeper - at the very least, IBM can counter-sue for libel, slander (probably), illegal restraint of trade and attempted extortion. Add to that 100's of IBM's patents SCO are probably violating, I'd say they're most definitely fucked

    5. Re:IBM and Linux SMP by tomhudson · · Score: 3, Funny

      SCOs claims seem to change faster than I can type a sentence. By the time I press submit the claim may well have become that Linux contains ASCII art animal porn.

      Who knows what those wacky guys will come up with next? </quote>

      Oh, great. Now you've given them the idea of copyrighting the goatse.cx man in ascii art, copying it into their source, changing the file dates, and suing about half of all /. posters :-(

      SCO in court:

      Q: What does this section of code do?

      A: It's for catching bad pointers.

      Q: And it's in your original SCO Unix code?

      A: Yes. Look at the comments (referring to ascii goatse.cx artwork). It means you're badly f$cked up.

  60. I'm holding *INX hostage until you give me... by Znonymous+Coward · · Score: 3, Funny


    [Raise pinky]
    [Dr. Evil]

    $3 billion dollars

    [/Dr. Evil]
    [/Raise pinky]

    --

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

  61. Letter to IBM by umrgregg · · Score: 5, Funny

    Dear Mr. Palmisano:

    I have become aware of a litigious situation between your company and that of Darl McBride (SCO). In your pending defense against their lawsuit(s) I would like to recommend to you that I, NMG be your sole defense attorney. I am not on your legal defense team, nor am I actually a lawyer. I am merely a reader of Slashdot. SCOâ(TM)s claimâ(TM)s of damages are so ludicrous, I believe that even a troop of Screaming Monkeyâ(TM)s could provide you proper defense. Unfortunately for you, the Screaming Monkeyâ(TM)s were already hired out for the year by the Federal Trade Commission. Therefore, I extend an offer of my services for your legal defense in return for a pack of smokes, a ThinkPad and a chance to punch SCO in the kisser. This union will save you a bundle of money in defense feeâ(TM)s and will save your legal resources for your pending investigation with the horde of Screaming Monkeyâ(TM)s. Thank you for your time.

    Sincerely,

    --
    NMG
  62. Re:SMP? RCU? by shoppa · · Score: 4, Insightful
    Alan Cox -- and he's in the U.K. and can't be held liable for U.S. export laws

    While that's pure common sense, we're dealing with legalities and attorney generals who pride themselves on applying our laws to those devious foreigners. Alan Cox may be paranoid about coming to the US but he has good reasons.

  63. Re:SMP? RCU? by Anonymous Coward · · Score: 5, Interesting

    Didn't Caldera give Alan Cox an SMP system?

  64. Sun Microsystems joins the debate by smoondog · · Score: 5, Interesting

    According to Infoworld, Sun has joined the debate by taking advantage of the uncertainty over IBM. They have taken out advertisements questioning the use of AIX over Solaris.

    -Sean

  65. Re:I wouldn't mind... by Ignominious+Cow+Herd · · Score: 4, Funny

    "To do is to be" - Socrates.

    "To be is to do" - Plato.

    "Do be do be do" - Sinatra.


    "Please pass the doobie" - Darl McBride.

    --
    Lump lingered last in line for brains, and the ones she got were sorta rotten and insane.
  66. Re:SMP? RCU? by Royster · · Score: 4, Informative

    Your understanding of the USL/BSD case is faulty. While the court did find that BSD included a small amount of code from AT&T, they also found that AT&T took much more than that from BSD.

    Your understanding of derivative works is similarly faulty. While it's true that the issue of what is a derivative work in software has never been litigated, it is not true that the owner of the original work owns the copyright to the derivative work. When a company, like IBM, buys the right to make derivative works, they own the copyright on the derivative work. Disney bought the rights to make films from A.A. Milne's Winnie the Pooh. The Milne heirs do not own the rights to those films, Disney does.

    --
    I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
  67. The patriotic fallback by theolein · · Score: 4, Insightful

    The claim that IBM is aiding terrorism is something so cliched in America it's almost not even funny anymore. This is something so typically used as a last ditch defense when everything else fails that most people should be able to see it with ease. SCO's claims have varied from copyright infringment until proven otherwise, through contract breach by releasing SCO code until IBM called that bluff as well, up until now when SCO goes for the patriotic kneejerk reaction hoping to rally Americans to the cause.

    Incidentally, they're also claming RCU is in breach of contract. The RCU might very well be in breach of contract in that Sequent added code to Linux although that code was developed under the Unix licence from SCO. Sequent was bought by IBM and that makes IBM guilty although I'm not sure that SCO can claim ownership of anything that Sequent developed unless there was an agreement between them.

    Which would in fact leave only the patriotic fallback, and I'm pretty sure that that one is not going to hold up in court.

    So, in other words, you're fucked Darl.

  68. How do you know what they're claiming? by dark-nl · · Score: 5, Informative

    SCO has been all over the place about what they're claiming. We've heard about patents, copyrights, trade secrets, and even trademarks, and vague "intellectual property rights". But the actual complaint they filed with the courts does NOT allege any copyright infringement, just breach of contract and unfair competition.

    1. Re:How do you know what they're claiming? by ascii27net · · Score: 5, Informative

      This article on C|Net offers some insight on what they are claiming (comments from Darl McBride in the article): "The System 5 source code, that is really the area that gives us incredible rights, because it includes the control rights on the derivative works that branch off from that trunk." They are claiming that because they have rights over derivative works, everything IBM wrote for AIX is under there control, so IBM can't take code IBM wrote and distributed with AIX in Linux beause it is a derivative of SCO code. That bascially is a claim that they own everything ever writte n for a Unix platform. They even mention JFS - that isn't exactly an SCO technology - but they claim it is a derivative work. "the amount of code showing up inside of Linux today that is either directly related to our Unix System 5 that we directly own or is related to one of our flavors of Unix that we have derivative works rights over--we don't necessarily own those flavors, but we have control rights over how that information gets disseminated" "They were going to take the know-how, the people, the methods they developed over the years around AIX--which is our licensed version of Unix--and they were going to transport all that in a wholesale fashion over to Linux." How dare IBM port thier code for AIX to Linux!

    2. Re:How do you know what they're claiming? by swillden · · Score: 4, Informative

      Sounds like SCO's definition of "derivative works" is similiar to that of the GPL.

      Absolutely not. The parallel you're drawing is this: IBM wrote code that was used with and linked to SCO code, and SCO is claiming that they, therefore, have some rights to what is done with the other code that IBM wrote based on expertise they gained working with the SCO code. From a very naive viewpoint, you can say: "See, SCO's code 'infected' IBM's code (and engineers), just like GPL'd code 'infects' code that it touches." But you'd be wrong.

      The GPL does not prevent you from taking code you wrote in one context and using it elsewhere. If you own the copyright, you can release it as many times as you like under whatever terms you like. So it *certainly* doesn't limit what you can do with new code that you write, even if it happens to draw upon expertise you developed while enhancing the GPL code.

      For that matter, the GPL doesn't even prevent you from reading someone else's GPLd code, understanding their nifty, super-cool algorithm and implementing it yourself in your own, closed software. As far as the GPL is concerned, if you wrote it, you own it, no matter where you got the ideas from. Where the GPL gets sticky is when you want to distribute a closed version of something that contains code someone else wrote, and that is perfectly sensible: the fact that you may have written some parts of it doesn't give you the right to violate the wishes of the owner(s) of the rest of it.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    3. Re:How do you know what they're claiming? by swillden · · Score: 4, Informative

      Yet there seems to be this idea in the software development community that even reading someone else's source code will "contaminate" your mind, and make you unable to write a similar program without infringing on copyright.

      Yep. I understand how this mentality arose, but it sure is unfortunate.

      It arose simply because (a) code is functional and (b) lawyers are conservative. Since form follows function, independently-written routines that do the same thing will often be similar, and sometimes look extremely similar. This means that it may, at times, be hard to prove that you wrote a piece of code if someone else happens to have highly similar code that predates yours.

      Attornies (notably, Compaq's attornies back when they reverse-engineerd IBM's BIOS) saw this problem and devised a sure-fire solution: If we can show that the programmers who wrote code B never saw code A, then it's clear that B isn't a copy of A, not even some sort of "inadvertent copy". Hence the development of "clean-room" reverse-engineering, the notion that the engineers who are "exposed" to A are "contaminated" and can't work on B, etc.

      It made sense for Compaq, since they did *not* want to face IBM's legal dept. in court, but it has left the rest of us with an unfortunately skewed view of copyright as it pertains to code.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  69. Re:Maybe Linus is going to 'santize' linux.. by molnarcs · · Score: 5, Informative
    "OS X is BSD, not a line of SysV in the beast, correct?" According to an interview with BSD core developers:
    M. Warner Losh : The code was *NOT* derived from System V, but rather from Unix 6th and 7th edition, as well as 32V. Only the copyrights were similar to those used in System V source files. The code in question was merely blessed by USL and acknowledges as originating there by the Regents. Read here.
    and...
    There never was any System V code in any BSD. Ever. The IP claims that USL made its 1992 suit were based on the inclusion of sixth and seventh editions and 32V. While these were the forerunners to System V and System III code bases, they are not specifically System V or System III. Furthermore, SCO released, under its ancient unix program, all sources that predated System III and System V to be freely distributed under a BSD-like license. These specifically included 6th edition, 7th edition and 32V.
    Read the rest of the interview here.
  70. Re:SMP? RCU? by vinsci · · Score: 4, Informative
    None of that really matters, though, as it seems RCU technology is now public domain, due to the expiration of the patent US4809168, "Passive serialization in a multitasking environment".

    Thanks to xyote for pointing this out:

    "Even IBM doesn't own it. It's in the public domain. Because it was invented by IBM 3 times (hey, it's a big company). Once in the mid 80's in VM/XA Rel 2 (patent 4,809,168 now expired), once at Sequent which was acquired by IBM and where RCU was coined, and once as part of the K42 project at IBM research."
    --

    Trusted Computing FAQ | Free Dawit Isaak!
  71. An Idea by colk99 · · Score: 4, Insightful

    make sco.slashdot.org and allow us to filter this stuff off the home page I have had enough of all the sco stories for a while

  72. SCO: axis of evil? by sterno · · Score: 4, Insightful

    If you want to understand SCO's situation, look at the statements they make and then compare them to the statements North Korea makes. SCO is the corporate equivalent of a starving soviet state, desperate to hold onto its power. The only thing left in its arsenal are threats to use weapons with potentially catastrophic side-effects. Essentially, in both cases it's a plea for economic aid and recognition, and it all demonstrates a tremendous fear that the end is nigh.

    --
    This sig has been temporarily disconnected or is no longer in service
  73. How does SCO know AIX infringes?!?! by LinuxParanoid · · Score: 3, Interesting

    It's totally ludicrous that JFS is derivative of System V in any normal sense of the word. JFS was the first journal file system in commercial UNIXes back in 1990 and way-predated other journal file systems (caveat: dunno when Veritas entered the fray as a third-party vendor).

    So why would SCO make this claim?

    A new thought on this occurred to me: what's really bizarre is: "How does SCO know what AIX code looks like??!" The IBM guys licensed UnixWare (via Sequent and I think Monterrey), but not vice-versa, did they? Perhaps by making strong claims, SCO can go on a fishing expedition into the AIX code!

    The idea goes something like this: show the court that IBM coders took some code from UnixWare and put it in Linux. Then claim that they probably did the same for AIX. Then get to look at all the IBM source code and try to find more (minor, insignificant) infractions that you can blackmail.... I mean settle with IBM for.

    Just a thought.

    --LinuxParanoid

    P.S. The possibility that Sun is that other 'unknown SCO licensee' makes a lot of strategic sense. Dunno whether it's true, but the shoe fits. Kudos rjamestaylor for that thought.

  74. What lawsuit ? by AftanGustur · · Score: 4, Informative


    why spend the money on fighting the lawsuit or paying a settlement - buy out SCO

    SCO hasn't sued anybody yet..

    And if their behaviour can be used as a indicator of how solid their case is, I'd say here is a good change they won't be suing anybody in the forseeable future.

    Either that, or the case will be dismissed right after SCO has explained it's case and the judge has had a good belly laugh ..

    --
    echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
  75. The origin of read copy update by Anonymous Coward · · Score: 3, Interesting

    IBM violated their license by introducing read-copy update to the world?

    Doesn't SCO read books? Read-copy update was a feature of the mach kernel by the mid 80's. Its IPC was pretty much just messaging and read-copy update was a clever optimization that minimized unnecessary memory copies.

    What did AT&T have to do with it? Other than use it? Given mach had it by the mid 80s, in what way did IBM violate this "trade secret" at least a decade later?

    Did Carnegie Mellon invent read-copy update? I don't know, but it was a widely taught technique by the late 80s, when I learned it as a 3rd year computer science undergraduate.

    What I find truly hilarious is SCO's attempts to rewrite the last 20 years of computer science.

    I have always thought that rewriting history was the privilege of the victorious. In what way has SCO been a winner?

  76. Ancient UNIX by mj01nir · · Score: 3, Interesting

    http://minnie.tuhs.org/UnixTree/
    http://public.planetmirror.com/pub/ancient-unix/

    Go nuts, big boy. Let us know what you find.
    (FWIW, the planetmirror link is being slow for me right now. Be patient, it's there.)

    --
    the no .sig .sig
  77. SCO isn't scared at all. by RoLi · · Score: 5, Funny
    Dear IBM!

    We have now identified lots of code copied source from our precious SCO Unix.

    Here are 2 of the worst offending code snippets:

    kernel/sched.c: n++;
    kernel/signal.c: ++count;

    Please look at our SCO-Unix code, you will see how shamelessly those lines were copied:

    drivers/scsi.c: n++;
    drivers/keybd.c: ++count;

    And there are 58 other lines of shamelessly copied source code in Linux. Our marketing department has calculated that each line of code is worth 50,000,000 $ which translates to an average of about 10,000,000$ per character. We have found copied characters worth of 5,693,340,000,000 $ in the Linux source code, however, because we are generous, we only insist on the fully copied lines of code. However, if IBM doesn't pay, we might be forced to demand the full amount.

    But for now, I only demand IBM to pay 3,000,000,000 $ within 2 weeks to this account:

    account holder: Barl McDride
    account no: 4239573204
    Royal Cayman Bank
    134 Ocean Boulevard, Cayman Islands

    Every week of delay will cause another 1,000,000,000 $ due to lost sales, mental stress and other damages which have to be paid to the same account, so please pay quickly, or else.

    Sincirely, your pal

    Darl McBride

  78. No response is necessary (LONG). by Anonymous Coward · · Score: 3, Insightful
    SCO's Position:

    See this interview article.

    "We believe that UNIX System V provided the basic building blocks for all subsequent computer operating systems, and that they all tend to be derived from UNIX System V (and therefore are claimed as SCO's intellectual property)."

    ...and there's also this bit...

    I listened to how IBM has bypassed U.S. export controls with Linux. How "Syria and Libya and North Korea" are all building supercomputers with Linux and inexpensive Intel hardware, in violation of U.S. export control laws. These laws would normally restrict export of technologies such as JFS, NUMA, RCU, and SMP-and, (I was waiting for this) "encryption technologies." "We know that is occurring in Syria," I heard, even though my mind was fogging over at this point. "So are you saying that the U.S. government might file a "Friend of the Court Brief" to support your case against IBM?" I blurted out. "Don't be surprised" was Sontag's answer.

    ...and of course there's something something similar in today's CNet article...

    SCO claims IBM has breached its contract by making multiprocessor operating system technology available "for free distribution to anyone in the world," including residents of Cuba, Iran, Syria, North Korea and Libya, countries to which the United States controls exports. The open-source technology IBM released "can be used for encryption, scientific research and weapons research," the suit said.

    Let me summarize SCO's position:

    "We own Unix System V, which was innovative and gave the world lots of experience with operating systems. As a result, all operating systems that follow are derivative products which violate our trade secrets. These include, but are not limited to: Apple Mac OS, Microsoft's MS-DOS, Microsoft Windows, NetBSD, FreeBSD, OpenBSD, Sun's SunOS and Solairs, SGI's Irix, IBM's AIX, HP's HP-UX, Digital's DG-UX and Ultrix, Linux, Bell Labs' Plan 9, the GNU Hurd, BeOS, Atari's STOS and Amiga Workbench, Apple's PRODOS, Tandy's TRSDOS...[paragraph trimmed due to time constraints]

    "Oh... and what's more, IBM is an international nuclear terrorist, so we should get a billion... no THREE billion dollars because they're un-American. OH, and Linux is bad, don't use it, that Torvalds guy is sloppy."

    If you think this even deserves to be dignified with a response, you're a little shaky yourself.

    Answers to your points:

    Has anyone, besides SCO, looked at the Linux code and tried to determine what might have come from SCO, and what might have come from a common predecessor?

    The Linux development process, including all code additions, is completely transparent and recorded for posterity on the Internet. Every snippet of code can be traced to its submitter or originating project. This is why Linus' only real response thus far has been to essentially say "Hey, our development process is open for all to see... on the other hand, where's SCO's evidence?"

    If SCO wins, what can be done? What will the consequences be?

    If SCO wins given their current claims, it will essentially have a claim to every last product in the entire computing and networking industry, and the US legal and intellectual property systems will be thrown into confusion for decades to come.

    This will be extremely silly because SCO Group hasn't ever contributed a single line of code to any product, including the ones that they now claim to "own". It would be turning any concept of "justice" on its head in a crazy world.

    IBM will act in its own interests, of course, and not in the interests of the Linux community; what should we expect from them?

    This is moot because right now, what IBM appears to be doing is precise

  79. MOD PARENT DOWN!Re:They must really be scared now. by sfsp · · Score: 4, Interesting

    Bullshit.

    I lived in Utah for 17 years. I am not a Mormon, and am more opposed to the Mormon Church than I am to Microsoft.

    What you have said, sir Coward, is blatantly offensive to not just Mormons, but to anyone who holds a religious faith. If you hold to a religious faith, you should be doubly ashamed of yourself. If you are going to criticize a person or a group, have the honor to name yourself, your problem, and the group or person you criticize.

    Next time the account creation mechanism doesn't work, try simply signing your name.

  80. Brilliant... by MosesJones · · Score: 4, Funny


    Well I'm English so as a country I hearby give notice that all people in the world who are using English are breaking copyright and all derivative works (including technical specifications and patent applications) are now owned by the UK Goverment.

    We are also claiming Charles Babbage and all derivative works that involve computation and concepts of automated computing.

    Unfortunately the Iraqi's are now claiming that they invented writing, the Chinese are laying claim to printing and basically everyone on without a 2,000 year+ history is screwed.

    --
    An Eye for an Eye will make the whole world blind - Gandhi
  81. IBM won't settle by siskbc · · Score: 5, Insightful
    I personally think that this is SCO trying to get IBM to buy them out. Trying Violently.

    Damn straight it is - Darl accidentally played his hand (or on purpose, who can tell with him) in an interview where he admitted that a buyout from IBM is "an option." That means he asks Jesus for a buyout every night. This guy's just a corporate raider - he has stock options, which are worth a lot more after this lawsuit talk, and he just wants to negotiate a sweet per-share buyout to make them worth even more. Of course, IBM would shitcan all the SCO employees if they did buy them out, including Darl, but he doesn't care. Nice.

    Problem is, IBM won't settle, as they're pissed. Also, if they were to settle, that would only encourage every other dipshit company with some marginal IP and no business plan to pull an SCO. IBM seems to be playing the "we don't negotiate with terrorists" bit, and I don't blame them.

    Also, as SCO has virtually no chance of winning, settling doesn't make financial sense. Naturally, THAT'S why SCO increased the suit to $3B - it lets IBM think that settling makes sense now at a lower SCO success rate. If the break-even point for a settlement was a 50% chance of SCO victory, now it makes sense at a 17% chance. For example, obviously, as both numbers are too high. ;)

    Bottom line, though, is that SCO picked on the wrong dog. This one's gonna eat 'em.

    --

    -Looking for a job as a materials chemist or multivariat

    1. Re:IBM won't settle by Stephen+Samuel · · Score: 5, Funny
      Also, as SCO has virtually no chance of winning, settling doesn't make financial sense. Naturally, THAT'S why SCO increased the suit to $3B - it lets IBM think that settling makes sense now at a lower SCO success rate. If the break-even point for a settlement was a 50% chance of SCO victory, now it makes sense at a 17% chance. For example, obviously, as both numbers are too high. ;)

      the 17% solution only makes sense if SCO has a minimal chance of winning the suit and gettint a reasonable percentage of what they're claiming. Right now, they're suing IBM for GPL'ing a piece of code that (as far as I can tell) was created by a sequent -> IBM employee (and, I presume, assigned to Sequent then transferred to IBM).

      This is my quick summary of the SCO conversation:

      SCO: Stop selling UNIX or we'll sue you to stop you.
      IBM: Why? We have a license!
      SCO: Because you've done something wrong, and you won't fix it.
      IBM: What have we done wrong?
      SCO: We Can't tell you (na na na na naaaa!)
      IBM: You have to tell us what we did wrong if we're going to be able to fix it.
      SCO: We could let one of your engineers see the code we think you stole, but then you'd have to shoot him
      IBM: Can we subpoena your therapist in the counter suit?
      SCO: OK: It's the RCU code. By the way, we're tripling our damages.
      IBM: But we wrote that!
      SCO: And your point is????
      IBM:I don't think we'll be needing your therapist.
      --
      Free Software: Like love, it grows best when given away.
  82. SCO is doing Microsoft's ReCon by Red+Rocket · · Score: 3, Interesting


    This suit is getting especially nasty. I see two agendas.
    1) Microsoft wants to stop IBM from undermining their OS monopoly using hard-core litigation.
    2) (and more importantly) Microsoft is using SCO like a preliminary boxer to discover what tactics and skills the open source community can bring into the ring. Or, to use another analogy, Microsoft is forcing OSS to put their cards on the table by sending in a substitute poker player. That way, they don't have to risk putting their cards on the table, too.
    As OSS shows Microsoft what tactics they'll use to defend open source, Microsoft is preparing for the final battle by studying their tactics and developing attacks that are more likely to defeat those defenses.

    --
    - Hail to our fearless misleader! Fool speed ahead!
  83. Re:true by shotfeel · · Score: 4, Funny

    I love it when the news media expecially on the internet writes articles and title's them differently everytime they add a paragraph and update the report.

    Too bad we can't get them to do it the right way, with version numbers and ReadMe's stating changes since the previous version.

  84. Re:SMP? RCU? by ajs · · Score: 3, Insightful

    Interesting history, and your comment really sheds some light on why SCO may feel that code was duplicated, as it might well be the same code!

    If UnixWare's SMP originally came from Sequent, and IBM later (2001) bought Sequent, then I would not be surprised if IBM had incorporated "their" SMP code from Sequent into Linux. If that's the case then SCO would be correct, but absolutely unable to prevail in the suit (as IBM did nothing wrong) as long as there are no licensing problems with Sequent/IBM claiming the rights to that code (e.g. if the code was written independantly and the version that was merged into SVR4 was a derived work, then SCO can claim no rights to the original, but if the code was written as changes to SVR4, then SCO might have a claim, but a much weaker one than they have been trying to make it sound!)

  85. ONE [ HUNDRED ] BILLION DOLLARS! by saikou · · Score: 5, Funny

    Planning meeting in Dr. Evil's lair.

    Dr.Evil: .... ozone layer
    Number Two: That already happend.
    Dr.Evil: Sh.t! Oh well, let's draft some frivolous lawsuit and sue the world's biggest computer company for...
    ONE MILLION DOLLARS!
    Number Two: *cough* Don't you think we should ask for more?
    Dr.Evil: OK. And sue them for ONE BILLION DOLLARS!
    Or heck, make it three.
    Good.

  86. We asked about that in the IBM interview last year by delcielo · · Score: 4, Informative

    2) OS Blending
    by 2names

    As Linux developers inside IBM, do you get to see the AIX source code? If you do, are you allowed to "steal" some ideas from AIX and implement them in Linux? If not, why not, and what's the IBM official line?

    IBM Kernel Hackers:

    First of all, before any of us were allowed to contribute to Linux, we were required to take an "Open Source Developers" class. This class gives us the guidelines we need to participate effectively in the open source community - both IBM guidelines and lessons learned about open source from others in IBM.

    We are definitely not allowed to cut and paste proprietary code into any open source projects (or vice versa!). There is an IBM committee who can and do approve the release of IBM proprietary or patented technology, like RCU.

    That covers "stealing" code, but what about ideas? We might talk to an AIX programmer and comment we're seeing performance issues in Linux in this area or that area and she tells us they discovered that they really needed to profile the network routines when they saw that. Having solved the problem once, our non-Linux peers can help steer us without spelling it out for us, allowing us to still develop solutions that can then be open sourced.

    It's a fine line to walk, especially as an engineer who just wants the answer :)

    Interview

    --
    Hot Damn! It's the Soggy Bottom Boys!
  87. SCO Unix in Iran by roozbeh · · Score: 4, Interesting

    The suit also adds illegal export issues stemming from the worldwide availability of open-source software. SCO claims IBM has breached its contract by making multiprocessor operating system technology available "for free distribution to anyone in the world," including residents of Cuba, Iran, Syria, North Korea and Libya, countries to which the United States controls exports. The open-source technology IBM released "can be used for encryption, scientific research and weapons research," the suit said.

    Guess what? SCO Unix is already used widely in Iran. I can confirm it. I live in Iran.

    So perhaps it's SCO itself that is breaking the US export regulations.

  88. Re:News Flash from Next Week by SubtleNuance · · Score: 4, Insightful

    Really, what is the US coming to? With VERY little research, a foreigner, like myself can discover this is conservative propagnada. Al Gore Never said he "invented the internet". He did say, "During my service in the United States Congress, I took the initiative in creating the Internet."

    Regarding that statment; Vincent Cerf, who's been called the Father of the Internet, said "The Internet would not be where it is in the United States without the strong support given to it and related research areas by the Vice President in his current role and in his earlier role as Senator."

    The inventor of the Mosaic Browser, Marc Andreesen, credits Gore with making his work possible. He received a federal grant through Gore's High Performance Computing Act.
    The University of Pennsylvania's Dave Ferber says that without Gore the Internet "would not be where it is today."

    Joseph E. Traub, a computer science professor at Columbia University, claims that Gore "was perhaps the first political leader to grasp the importance of networking the country. Could we perhaps see an end to cheap shots from politicians and pundits about inventing the Internet?"

    So, what Gore said was "true" according to Traub, Ferber, Andreesen, and Cerf.

    This "story", can be read about here: http://www.perkel.com/politics/gore/internet.htm

    Bottom line, please DONT spread this meme, its flatly untrue... but the fact that this story "Has Legs" in the US is not surprising, when you read here (please read this..) that One in three Americans believe WMD have been found in Iraq. Nearly one in four Americans believe Iraq actually used WMD in the war. And half of those polled in a survey said Iraqis were among the 19 hijackers on Sept. 11, 2001.

    With the US so poorly informed, its no wonder Shrub runs willy-nilly around the planet... WHAT IS WRONG WITH THE USA?

  89. Re:SMP? RCU? by Chmarr · · Score: 3, Interesting
    Actually, if you know where to look, SCO are still distributing Linux from their servers.

    Quick! Everyone download a copy! :)

  90. Re:you have to ask? by JonK · · Score: 3, Interesting
    Try buying a real (4-6 month old) chicken from a craft butcher rather than some steroid- & antibiotic-addled 8-week old broiler from your local cheap food emporium that's been injected with hydrolysed pork and beef protein so it'll soak up more water. You'll pay a load more for the privilege but in return you'll get a chicken that (shock) tastes of chicken - honestly, they do have flavour :-). Just rub the breast with oil and salt, stick a halved lemon into the body cavity and roast at 180ÂC for an hour and a half.

    For our UK readers who don't have a decent butcher nearby, I recommend the turkey and chicken from Kelly Turkey Farms, who raise probably the best chicken and turkey in the world...

    --
    Cheers

    Jon
  91. Evil Genius For Dummies by Tony · · Score: 5, Interesting

    As is apparent by this post, IANAL, I have never wanted to be a lawyer, nor do I have any respect whatsoever for the lawyer profession. Fucking weasels.

    That said:

    SCO is not claiming copyright infringement, so the case isn't strictly about copied code. They are claiming violation of contract, so the *court case* will hang on contract law, *not* IP law.

    However, in *public* they are making this an IP case. They have made not-so-veiled claims to owning the rights to the concepts of *all* modern operating systems.

    If the case were based on their public claims, they wouldn't stand a chance. But, their case is based strictly on contract law. All this public posturing means nothing.... except....

    If they win the contract violation suit, it will appear as if their public claims were valid, and upheld by the force of law!

    This is subtle, and will have a chilling effect on all future SCO dealings. They can then extort money from every single OS vendor in the country, based not on actual fact, but on lies and innuendo. Look at how quickly (Sun?) and Microsoft payed up without a single court win.

    In any case, this public face is designed to get the top administration a chance to sell their shares at a nice profit. They don't really care about much else, near as I can tell.

    Fuckers.

    --
    Microsoft is to software what Budweiser is to beer.
  92. SCo vs IBM IRC Chat by dvNull · · Score: 3, Funny

    Topic in #os: hey guyz, stop pickin on irix.
    <SCO> w00t! i bought unix! im gonna b so rich!
    <novell> /msg atnt haha. idiot.
    <novell> whoops. was that out loud?
    <atnt> rotfl
    <ibm> lol
    <SCO> why r u laffin at me?
    <novell> dude, unix is so 10 years ago. linux is in now.
    <SCO> wtf?
    <SCO> hey guyz, i bought caldera, I have linux now.
    <red_hat> haha, your linux sucks.
    <novell> lol
    <atnt> lol
    <ibm> lol
    <SCO> no wayz, i will sell more linux than u!
    <ibm> your linux sucks, you should look at SuSE
    <SuSE> Ja. Wir bilden gutes Linux für IBM.
    <SCO> can we do linux with you?
    <SuSE> Ich bin nicht sicher...
    <ibm> *cough*
    <SuSE> Gut lassen Sie uns vereinigen.
    * SuSE is now SuSE[UL]
    * SCO is now caldera[UL]
    <turbolinux> can we play?
    <conectiva> we're bored... we'll go too.
    <ibm> sure!
    * turbolinux is now turbolinux[UL]
    * conectiva is now conectiva[UL]
    <ibm> redhat: you should join!
    <SuSE[UL]> Ja! Wir sind vereinigtes Linux. Widerstand ist vergeblich.
    <red_hat> haha. no.
    <red_hat> lamers.
    <ibm> what about you debian?
    <debian> we'll discuss it and let you know in 5 years.
    <caldera[UL]> no one wants my linux!
    <turbolinux[UL]> i got owned.
    <caldera[UL]> u all tricked me. linux is lame.
    * caldera[UL] is now known as SCO
    <SCO> i'm going back to unix.
    <SGI> yeah! want to do unix with me?
    <SCO> haha. no. lamer.
    <novell> lol
    <ibm> snap!
    <SGI> :~(
    <SCO> hey, u shut up. im gonna sue u ibm.
    <ibm> wtf?
    <SCO> yea, you stole all the good stuff from unix.
    <red_hat> lol
    <SuSE[UL]> heraus laut lachen
    <ibm> lol
    <SCO> shutup. i'm gonna email all your friends and tell them you suck.
    <ibm> go ahead. baby.
    <SCO> andandand... i revoke your unix! how do you like that?
    <ibm> oh no, you didn't. AIX is forever.
    <novell> actually, we still own unix, you can't do that.
    <SCO> wtf? we bought it from u.
    <novell> whoops. our bad.
    <SCO> i own u. haha
    <SCO> ibm: give me all your AIX now!
    <ibm> whatever. lamer.
    * ibm sets mode +b SCO!*@*
    * SCO has been kicked from #os (own this.)

    From : http://www.livejournal.com/community/linux/397771. html?thread=2531787

  93. Re:SMP? RCU? by An+Onerous+Coward · · Score: 3, Interesting
    The thing is, Linux went SMP before IBM stepped in. Also, this is the first I've ever heard of SMP technology being a "restricted export." According to this article:
    "Any non-encryption software that is made available for free (or at a price that does not exceed the cost of reproduction and distribution) to any interested party without restriction is defined by the EAR to be "publicly available" and not subject to any export controls. Thus, for example, if all of the software on a WWW page is freeware or shareware available for downloading by any party for free, there are no export compliance restrictions applicable to the software and there need not be any compliance procedures for such activities."
    Linux seems to fall under that category.

    Now, let me see if I follow this RCU thing: Sequent (a company which appears not to be SCO) developed the technology in the early nineties, and put it into their version of Unix. Later, IBM (a company which also appears not to be SCO) bought Sequent, and recently let the kernel hackers add it in. But since it was originally added to UNIX, and SCO owns UNIX, SCO now owns RCU.

    Was Microsoft aware of this "viral" interpretation of SCO IP when they signed their contract?
    --

    You want the truthiness? You can't handle the truthiness!

  94. what if the sco case was on irc? by grimiore1 · · Score: 3, Funny

    Found this little gem on Spot's LiveJournal Account:
    Repeated here to avoid slashdot affect:

    Topic in #os: hey guyz, stop pickin on irix.
    <SCO> w00t! i bought unix! im gonna b so rich!
    <novell> /msg atnt haha. idiot.
    <novell> whoops. was that out loud?
    <atnt> rotfl
    <ibm> lol
    <SCO> why r u laffin at me?
    <novell> dude, unix is so 10 years ago. linux is in now.
    <SCO> wtf?
    <SCO> hey guyz, i bought caldera, I have linux now.
    <red_hat> haha, your linux sucks.
    <novell> lol
    <atnt> lol
    <ibm> lol
    <SCO> no wayz, i will sell more linux than u!
    <ibm> your linux sucks, you should look at SuSE
    <SuSE> Ja. Wir bilden gutes Linux für IBM.
    <SCO> can we do linux with you?
    <SuSE> Ich bin nicht sicher...
    <ibm> *cough*
    <SuSE> Gut lassen Sie uns vereinigen.
    * SuSE is now SuSE[UL]
    * SCO is now caldera[UL]
    <turbolinux> can we play?
    <conectiva> we're bored... we'll go too.
    <ibm> sure!
    * turbolinux is now turbolinux[UL]
    * conectiva is now conectiva[UL]
    <ibm> redhat: you should join!
    <SuSE[UL]> Ja! Wir sind vereinigtes Linux. Widerstand ist vergeblich.
    <red_hat> haha. no.
    <red_hat> lamers.
    <ibm> what about you debian?
    <debian> we'll discuss it and let you know in 5 years.
    <caldera[UL]> no one wants my linux!
    <turbolinux[UL]> i got owned.
    <caldera[UL]> u all tricked me. linux is lame.
    * caldera[UL] is now known as SCO
    <SCO> i'm going back to unix.
    <SGI> yeah! want to do unix with me?
    <SCO> haha. no. lamer.
    <novell> lol
    <ibm> snap!
    <SGI> :~(
    <SCO> hey, u shut up. im gonna sue u ibm.
    <ibm> wtf?
    <SCO> yea, you stole all the good stuff from unix.
    <red_hat> lol
    <SuSE[UL]> heraus laut lachen
    <ibm> lol
    <SCO> shutup. i'm gonna email all your friends and tell them you suck.
    <ibm> go ahead. baby.
    <SCO> andandand... i revoke your unix! how do you like that?
    <ibm> oh no, you didn't. AIX is forever.
    <novell> actually, we still own unix, you can't do that.
    <SCO> wtf? we bought it from u.
    <novell> whoops. our bad.
    <SCO> i own u. haha
    <SCO> ibm: give me all your AIX now!
    <ibm> whatever. lamer.
    * ibm sets mode +b SCO!*@*
    * SCO has been kicked from #os (own this.)

    --
    Ben, you've become an UberGeek! Take me as your padawan!!!
  95. Re:SCO Buy Out by Tsu+Dho+Nimh · · Score: 3, Interesting
    IBM's services division knows trade secrets about a lot of very large companies ... lots of trade secrets. IBM makes a LOT of money because they have a reputation for honoring NDAs and respecting confidential data. They are like the Swiss banks of old ... they don't talk.

    When SCO charged IBM with violating a confidentiality agreement and leaking trade secrets into Linux, that was more than a contract spat going to court. It was a direct attack on IBM's major business line, the data services business. Any buy out or settlement, even if just for a penny, would be seen as a tacit admission that SCO's charges were truthful and that IBM had indeed divulged SCO's trade secrets. IBM would lose clients because of it, they would lose billions in revenue because of it.

    They will insist on airing the whole affair in court, and force SCO to prove their allegations because any other course would be business suicide. They have a reputation to protect.

  96. Re:And of course the Syrian connection... by Darby · · Score: 3, Funny

    From an interview [byte.com]with Chris Sontag, SCO's Senior Vice President in Byte. Sounds more like Donad Rumsfeld than Mohammed al-Sahaf.

    Either way you're talking about a delusional maniac spewing lies anyone with a scrap of sense knows are crap.