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The Power Behind the SCO Nuisance

akahige writes "Forbes has a fairly detailed story about the sordid history of The Canopy Group and all the various companies they've sued -- Microsoft (who they beat) and CA (this case is still pending), among them. Before joining Caldera, Darl McBride sued IKON Office Solutions, for whom he worked -- and won. And it also seems that a bunch of Canopy power players also sit on SCO's board of directors. The short summary is, 'these guys are professional litigious bastards -- be exceptionally wary.'" A local user's group is planning a protest for tomorrow. Reader myst564 writes: "After reading all of this SCO press I remembered that SCO once offered up all of their 'Ancient UNIX' (their words, not mine) source to the world while retaining all copyrights (i.e, no OSS license). Interestingly enough it WAS located here but isn't any longer: SCO's Ancient Unix. What's more you can read about the original release here at: Linux Today. I downloaded the source myself way back then but never did anything but delete it! Anyway, check out this comment. It's interesting that this was predicted in 2000!"

821 comments

  1. Here's a working "Ancient Unix" link.... by i_want_you_to_throw_ · · Score: 5, Informative

    You did not count on the Way Back machine Herr Doktor SCO?

    Here's a working link..

    Enjoy!

    1. Re:Here's a working "Ancient Unix" link.... by mirko · · Score: 2, Interesting

      These licenses permit hobbyists and enthusiasts to have access to the source code of these historic releases, for personal and non-commercial use, and to share experiences and code updates with other authorized individuals having corresponding licenses. SCO has received numerous favorable responses from UNIX enthusiasts around the world, including messages such as, "Future computer historians will greatly appreciate what you have achieved!" and "I've wanted access to this material for nearly 20 years! Well done!"

      The keyword has been put in bold: it now looks more like ibm's problem than Linux problem as Linux is supposed to be exchanged a non-commercial way (even though the GPL predicts a reasonable fee may be asked for in order to amort some expenses)...

      --
      Trolling using another account since 2005.
    2. Re:Here's a working "Ancient Unix" link.... by Anonymous Coward · · Score: 0
      it now looks more like ibm's problem than Linux problem as Linux is supposed to be exchanged a non-commercial way
      Nonsense. If you're exchanging it, you're hardly using it in a "personal" way, are you?
    3. Re:Here's a working "Ancient Unix" link.... by Anonymous Coward · · Score: 0, Troll

      Desktop Linux users should also note this important fact: The Canopy Group also owns Trolltech, makers of the Qt library... which is the basis for KDE. Indeed, TrollTech employs many core KDE developers.

      Over the last few years, one of the last resort arguments used by KDE developers faced with the unpleasant truth about Qt has been to claim that TrollTech can be trusted. Clearly this is not so.

      Perhaps some explanation is in order. The Qt library is GPL -- which means that anyone wishing to write non-open source applications for the KDE desktop has to pay around $3500 per developer to TrollTech (this is far in excess of the cost of developing Microsoft applications)... not only that, but TrollTech violate the GPL in many ways. In effect, TrollTech (and Canopy/SCO) becomes the gatekeeper and tolltaker of the Linux desktop. And who knows what other litigation they have planned -- not least of which will be the joke of the century, the TrollTech's "promise" regarding the GPLed version of Qt... the Free Qt foundation.

      Do not give these vipers anymore ammunition. Do not use software tainted by Qt and TrollTech.

    4. Re:Here's a working "Ancient Unix" link.... by DataPath · · Score: 2, Informative

      It's still up at caldera.com
      Here's a link to their license:
      http://shop.caldera.com/caldera/ancient. html

      --
      Inconceivable!
    5. Re:Here's a working "Ancient Unix" link.... by mirko · · Score: 2, Interesting

      You can exchange it with other non-professional users for your personal use, can't you ?

      --
      Trolling using another account since 2005.
    6. Re:Here's a working "Ancient Unix" link.... by Anonymous Coward · · Score: 0

      The above is ignorant hyperbole.

    7. Re:Here's a working "Ancient Unix" link.... by jonathan_ingram · · Score: 5, Informative
      From here:

      Trolltech's shares are currently owned by employees, the Trolltech Foundation, and 5 investors with the following distribution:

      Employees 71.0%
      Borland 8.3%
      Canopy Group 5.8%
      Trolltech Foundation 5.0%
      Teknoinvest 3.3%
      Orkla 3.3%
      Northzone Ventures 3.3%

      5.8% is hardly 'owning'.
    8. Re:Here's a working "Ancient Unix" link.... by Anonymous Coward · · Score: 0

      Yes you can, and you can also modify and redistribute it. As it is implied below. However
      the other person has to have a license with SCO too.

      2 (b) Personal use is limited to noncommercial uses. Any such use made in connection with the development of enhancements or modifications to SOURCE CODE PRODUCTS is permitted only if (i) neither the results of such use nor any enhancement or modification so developed is intended primarily for the benefit
      of a third party and (ii) any copy of any such result, enhancement or modification, furnished by LICENSEE to a third party holder of an equivalent Software License with SCO where permitted by Section 8.4(b) below, is furnished for no more than the cost of reproduction and shipping. Any such copy that includes any portion of a SOURCE CODE PRODUCT shall be subject tothe provisions of such Section 8.4.

    9. Re:Here's a working "Ancient Unix" link.... by peteo · · Score: 5, Informative

      Heres their press relase.
      Those F'in bastards. You cant hide from your lies. Once its on the net its out there for EVER!

      240 West Center Street
      Orem, Utah 84057
      801-765-4999
      Fax 801-765-4481

      January 23, 2002

      Dear UNIX® enthusiasts,
      Caldera International, Inc. hereby grants a fee free license that includes the rights use, modify and distribute this named source code, including creating derived binary products created from the source code. The source code for which Caldera International, Inc. grants rights are limited to the following UNIX® Operating Systems that operate on the 16-Bit PDP-11 CPU and early versions of the 32-Bit UNIX® Operating System, with specific exclusion of UNIX® System III and UNIX® System V and successor operating systems:

      32-bit
      32V UNIX®
      16 bit UNIX®
      Versions 1, 2, 3, 4, 5, 6, 7
      Caldera International, Inc. makes no guarantees or commitments that any source code is available from Caldera International, Inc. The following copyright notice applies to the source code files for which this license is granted.

      Copyright(C) Caldera International Inc. 2001-2002. All rights reserved.

      Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

      Redistributions of source code and documentation must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
      All advertising materials mentioning features or use of this software must display the following acknowledgement:
      This product includes software developed or owned by Caldera International, Inc.
      Neither the name of Caldera International, Inc. nor the names of other contributors may be used to endorse or promote products derived from this software without specific prior written permission.
      USE OF THE SOFTWARE PROVIDED FOR UNDER THIS LICENSE BY CALDERA INTERNATIONAL, INC.AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL CALDERA INTERNATIONAL, INC. BE LIABLE FOR ANY DIRECT, INDIRECT INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

      Very truly yours,
      /signed/ Bill Broderick
      Bill Broderick
      Director, Licensing Services

      * UNIX is a registered trademark of The Open Group in the US and other countries.

    10. Re:Here's a working "Ancient Unix" link.... by Anonymous Coward · · Score: 0

      For sufficently innacurate definitions of Hyperbole, yes.

    11. Re:Here's a working "Ancient Unix" link.... by mj01nir · · Score: 3, Informative

      Except that the license is all that's there. Accepting the license responds with a friendly FORBIDDEN error.

      Better to go to the PlanetMirror link instead. They have the license intact, as well as the source files. I post this link to about every other SCO story, you guys haven't been paying attention!.

      --
      the no .sig .sig
    12. Re:Here's a working "Ancient Unix" link.... by Anonymous Coward · · Score: 0

      What do you suggest we use instead, some hacked together peice of shit that doesn't use any sort of OO language because the developers had a thing about it? I'd rather write my applications in C# and WinForms than use GTK+

    13. Re:Here's a working "Ancient Unix" link.... by minektur · · Score: 1

      According to the lincense, you can only exchange it with other non-commercial users that have also agreed to be bound by the lincense too.

      At least read the license if you're going to suggest pseudo-legal interpretations of it.

    14. Re:Here's a working "Ancient Unix" link.... by mirko · · Score: 1

      Please, provide the contents of section 8.4(b) : I want toi understand if one becomes a Licensee the same we he may by using GPL'ed code or if he has to be explicitely and directly granted this license by SCO ?!

      --
      Trolling using another account since 2005.
    15. Re:Here's a working "Ancient Unix" link.... by MrLint · · Score: 2, Insightful

      I really feel bad for the employees. It takes a toll when you are working for a company who has become the spit of the industry. Not to mention the conseqences to their jobs and their stock value if SCO cant (ha!) beat IBM.

    16. Re:Here's a working "Ancient Unix" link.... by Anonymous Coward · · Score: 1, Insightful
      Wait a minute. What you don't realize is that the "AGREEMENT" which they want you to sign here is NOT the agreement that released the Ancient UNIX code to the public. This is what you had to sign to get access to the ancient UNIX code BEFORE IT WAS OPENED UP TO THE PUBLIC BY CALDERA. CALDERA RELEASED IT WITH A BSD STYLE LICENSE IN 2001. UNFORTUNATELY, SCO IS SUING ABOUT SYSTEM V WHICH WAS NOT PART OF THE ANCIENT UNIX RELEASE.

      Never mind here, just another Slashdot article with inaccurate and misleading information.

    17. Re:Here's a working "Ancient Unix" link.... by AKAImBatman · · Score: 1

      The best part of the Wayback machine is that it captured the FAQ

      From the FAQ:

      Q: What can I do with this free license and media kit?
      A: You can use it for learning about UNIX® systems, developing software that you do not sell, personal computing, or to run a personal web site. It can also be used for open source development and speculative development (Product development done before a product is shipped).You may not use it in your business or to support commercial or profit-making activities.

      Emphasis is mine. Kind of blows a huge hole in the case, doesn't it?

    18. Re:Here's a working "Ancient Unix" link.... by Anonymous Coward · · Score: 0
      It may be enough to plant the seeds of doubt and cause some needless trouble for the community. Don't get me wrong, I'm not trying to bash KDE or Troll, both are incredible but we can't let our guard down. Canopy has an MO, they've done this shit before. Why shouldn't we expect them to do it again? What has to happen? What happens if they can get one or two other investors to go along with it? Read the thread on the kernel list. The consensus is that these are the same people that walk in to a supermarket and fake an accident and then sue.

      Canopy needs to be watched. I know starting a business is difficult and any money can help but I'd never let this company get in to bed with mine if I could help it. Read the Fortune article.

    19. Re:Here's a working "Ancient Unix" link.... by jedidiah · · Score: 1

      This is all well and good until the Caldera litigation machine targets your pet product for destruction.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    20. Re:Here's a working "Ancient Unix" link.... by AndroidCat · · Score: 1
      Kind of blows a huge hole in the case, doesn't it?

      No. Unix7 is ancient Unix. While fun to play with, it has little relationship with modern Unix/Linux/BSD/whatever. They didn't release any of the SysV code which the whole argument is about.

      --
      One line blog. I hear that they're called Twitters now.
    21. Re:Here's a working "Ancient Unix" link.... by AKAImBatman · · Score: 2, Interesting

      Ah, but the guy who supposedly didn't sign an NDA stated that the worst case (the Scheduler) looked like pre-SysV code. While one should take that with a grain of salt, it's going to be hellaciously hard for them to prove that the code is indeed SysV specific AND show that they are the proper owners of said code. I've said it before and I'll say it again. Their case has holes big enough to drive the USS Enterprise (CV-65) straight through.

    22. Re:Here's a working "Ancient Unix" link.... by dspeyer · · Score: 2, Informative

      The real link is this one which doesn't ask for any licence agreement, it just offers it fo rfree to the world.

    23. Re:Here's a working "Ancient Unix" link.... by deathmolor · · Score: 1

      This bill baxter is an absolute genius. We need to forward all this information to the IBM legal team. It is amazing how hypocritical the SCO people really are.

    24. Re:Here's a working "Ancient Unix" link.... by AndroidCat · · Score: 1

      The case does have holes, but I don't think this code release is one of them. Unix7 goes waaaay back, 1970's, pre-Berkley.

      --
      One line blog. I hear that they're called Twitters now.
    25. Re:Here's a working "Ancient Unix" link.... by n3h3m14h · · Score: 1
      Wait a minute. What you don't realize is that the "AGREEMENT" which they want you to sign here is NOT the agreement that released the Ancient UNIX code to the public. This is what you had to sign to get access to the ancient UNIX code BEFORE IT WAS OPENED UP TO THE PUBLIC BY CALDERA. CALDERA RELEASED IT WITH A BSD STYLE LICENSE IN 2001. UNFORTUNATELY, SCO IS SUING ABOUT SYSTEM V WHICH WAS NOT PART OF THE ANCIENT UNIX RELEASE.
      Yes, but System V is a derivative of this code. So even if UNIX code is found in Linux, it may simply have a common lineage with System V tracing back to this earlier code base!

      I still have my doubts about SCO's claims though. But this sure blows another large hole in SCO's hull. It's only a matter of time before they lower the life boats and paddle away.

    26. Re:Here's a working "Ancient Unix" link.... by femto · · Score: 1

      Quick! Mirror this! Wayback machine allows authors to remove content (via a robots.txt file). It is possible SCO will request removal if they learn of its presence (probable if they track /.) and don't want it there.

    27. Re:Here's a working "Ancient Unix" link.... by nodvin · · Score: 1
      The offer may have been online between 1999 and 2002!

      http://web.archive.org/web/*/http://www.sco.com/of fers/ancient_unix.html

      Stephen

    28. Re:Here's a working "Ancient Unix" link.... by shadowbearer · · Score: 1

      Personally, I hope the lifeboats have holes in them, and there are SEC^H^H^harks in the water.

      Bastards.

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
    29. Re:Here's a working "Ancient Unix" link.... by Anonymous Coward · · Score: 0

      Here is a link that is still valid to the "Caldera Ancient Unix Software License Agreement" on SCO's website: http://shop.caldera.com/caldera/ancient.html

    30. Re:Here's a working "Ancient Unix" link.... by Anonymous Coward · · Score: 0

      see for example: http://www.tuhs.org/Archive/ Caldera-license.pdf from Updates; "Jan 25 2002 ----------- Caldera have released a BSD license for 1st to 7th Editions plus 32V. I have quickly removed all the password restrictions on ftp, http and rsync, and tried to rewrite the various docs which mentioned the SCO license and authorised access."

  2. Then the company sounds parasitic. by zptdooda · · Score: 5, Interesting

    Itâ(TM)s a small fish that feeds on big fish. Not symbiotically either.

    âBut it is very good at getting what it wants from other companies.â

    Thatâ(TM)s because (law) practise makes perfect.

    So then SCO isnâ(TM)t suing IBM because IBM is illegally interfering with implementing their business model, suing (IBM in this case) is their business model.

    What then are they really contributing? Is SCO really a software company? What is it? Maybe it contributes within Canopy, but not for a wider good.

    --
    Esteem isn't a zero sum game
    1. Re:Then the company sounds parasitic. by Yohahn · · Score: 1

      I understand that once upon a time, you were required to show you were working for the public good in order to be given articles of incorporation.

      Is there any way to legaly recind their articles of incorporation?

      What happened to those days?

    2. Re:Then the company sounds parasitic. by TopShelf · · Score: 3, Insightful

      So then SCO isnâ(TM)t suing IBM because IBM is illegally interfering with implementing their business model, suing (IBM in this case) is their business model.

      Hopefully, this is where common sense kicks in during the suit. Let's say SCO actually wins its suit against IBM. The damage award would become hotly contested, with each side throwing out their fictitious numbers to be considered. Since SCO is the plaintiff here, they have to put a dollar value on the damages first, and $1 billion just sounds mammoth, but not totally out of this world, considering that IBM is a $20 billion a year company.

      Are they contributing anything to the IS industry? Of course not. But this is America, dammit, where playing the victim can often be the quickest means to success.

      --
      Stop by my site where I write about ERP systems & more
    3. Re:Then the company sounds parasitic. by Seahawk · · Score: 0, Troll

      Can anyone please tell me what impact this has on europeans???

      As I see it the americans can continue with their sillyness, but none of this would come far in an european court!

      So feel free american society - Get rid of the opertunity of using linux - that might even make the IT industry in Europe a bit more competitive!

    4. Re: Then the company sounds parasitic. by Black+Parrot · · Score: 5, Insightful


      > What then are they really contributing? Is SCO really a software company? What is it?

      Sounds like the so-called "technology firm" - a bunch of lawyers with a big patent portfolio and nothing better to do for society than shake down innocent passers-by, and use the proceeds to buy up more patents.

      --
      Sheesh, evil *and* a jerk. -- Jade
    5. Re:Then the company sounds parasitic. by ReelOddeeo · · Score: 2, Interesting
      once upon a time, you were required to show you were working for the public good in order to be given articles of incorporation.

      There are two ways you can be eligible to receive articles of incorporation. (In most states of the US.) Merely satisfy EITHER of the following requirements...
      1. Show that you are working towards the good of the public
      2. Show that you are working towards the good of elected or appointed officials.
      The second item nowdays is considered redundant, as the first item actually means the second one, and vice versa.
      --

      Those who would give up liberty in exchange for security and DRM should switch to Microsoft Palladium!
    6. Re:Then the company sounds parasitic. by Anonymous Coward · · Score: 0

      ahh, the glorious days of child labor and slavery.

      what did happen to those days? kind of helps if you put it in perspective, huh?

    7. Re:Then the company sounds parasitic. by vlag · · Score: 1
      --
      Do you want to remove linux?
    8. Re:Then the company sounds parasitic. by TopShelf · · Score: 1

      My bad - when I looked up their revenues at Yahoo, I quoted a quarterly figure...

      --
      Stop by my site where I write about ERP systems & more
    9. Re:Then the company sounds parasitic. by Mephie · · Score: 1

      Actually, as I recall, IBM was an $82 billion company last year, down from $85 billion the year before.

    10. Re:Then the company sounds parasitic. by yog · · Score: 2, Insightful

      Can anyone please tell me what impact this has on europeans???

      Yes, I'd be glad to. Stifling the freedom to innovate and rewarding pirates in the world's largest economy is a generally bad thing. Europeans contribute lots of great open source software, but so do Americans. If the Americans slow down on OSS contributions, it will only hurt Europeans. Is that clear enough?

      Generally speaking, if your neighbor is happy and prosperous then you will be happy and prosperous, too. It's a fairly well understood principle. If you take the short-sighted and selfish attitude that what's bad for your neighbor is good for you, then you will get what you deserve.

      If you still don't understand, then I'll put it in terms that even the most self-centered, tunnel-visioned person can relate to. If the American tech economy slows down, the market for European products in the U.S. will shrink and Europeans will make less money.

      --
      it's = "it is"; its = possessive. E.g., it's flapping its wings.
    11. Re:Then the company sounds parasitic. by Uart · · Score: 1

      yep, and in those days, "the public good" meant ensuring the king his "rightful kickback"

      --

      Opinionated Law Student Strikes Again!
    12. Re:Then the company sounds parasitic. by Fulcrum+of+Evil · · Score: 1

      Is there any way to legaly recind their articles of incorporation? What happened to those days?

      Well, in 1896 or thereabouts, the SCOTUS ruled that the 14th ammendment was intended for corporations, thus giving them most rights of a natural citizen. Because of this, you can't really kill a corp - it has to die.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    13. Re:Then the company sounds parasitic. by Lemmy+Caution · · Score: 1

      Not necessarily. Europeans could find themselves at an advantage, with lowered production costs (after all, they will still be able to use Linux) which results in lower costs of goods.

      The short-term situation is as you describe, but the result in the longer term could be the relative strengthening of the European tech economy.

      I have long said that it is in intellectual property law that the US economy carried the seeds of its own destruction.

    14. Re:Then the company sounds parasitic. by jedidiah · · Score: 1

      Yes necessarily.

      Germany is already being hurt by the soft economy in the US. The Dollar has weakened against the Euro and this has made it harder for German companies to sell to US customers. This will soon trigger a German recession if you believe the news/hype/propaganda.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    15. Re:Then the company sounds parasitic. by Anonymous Coward · · Score: 0

      europeans will also be burdened with maintaining and developing the platform by themselves. Linux isn't the only low cost solution, so production costs wouldn't necessarily be cheaper.

      if the worst happened(which it won't), then it would be a great time for Sun to fix its previous mistakes in x86 strategies. if the BSDs survive, then development could shift that direction.

      most likely one day we'll wake up and SCO isn't an issue. there might need to be some tweaking on the US laws, but I'd hardly say it will destroy the economy anytime soon.

    16. Re:Then the company sounds parasitic. by AugustMoon · · Score: 1

      I no longer believe SCO is a parasitic company. I believe McBride is calling shots for personal gain, not for the company. With such a large stake in the company and correspondingly large slice of a settlement, he would be poised to personally get at least $250 Million winning a $1 billion suit and allowing %50 for legal fees.

      That is a lot of money, and I don't think any amount of political or economic pressure can stop this one man from driving SCO (a company he basically has controlling interest of) into the ground. Of course, if he wins the suit, it won't matter _to_him_ if the company is later successful or not.

      At first I just didn't care, but now that I see one man can control it all, I feel apprehensive. I want it to be over soon, but am not holding my breath.

      I'd like to hope this pans out in Linux's favor, but I need to remember Linux is just the kernel and there are other kernels out there. Either way, I won't have to return to proprietary software land.

    17. Re:Then the company sounds parasitic. by cdrudge · · Score: 1

      For reference purposes, SCO lost $24 million last year on revenues of $64 million.

    18. Re:Then the company sounds parasitic. by Anonymous Coward · · Score: 0

      Generally speaking, if your neighbor is happy and prosperous then you will be happy and prosperous, too.

      That's true. For example, if you live next door to Bill Gates then you're probably pretty wealthy too. If you lived in a hovel he'd probably have bulldozed it by now.

    19. Re:Then the company sounds parasitic. by Anonymous Coward · · Score: 0

      after he bought it from you for a significant sum. if you were smart enough to hold out for the significant sum, that is.

    20. Re:Then the company sounds parasitic. by cdrudge · · Score: 1

      What's your source for McBride having a large stake in the company? According to SEC filings, he has aroud 15,000 shares in SCO and a fairly meger salary (80,000). Assuming that SCO wins and half goes to the laywers, Canopy group would untimately get close to $250 million, with the remaining amounts being split up amungst other stockholders. Major stock holders are on the board, but McBride is not a major holder.

    21. Re:Then the company sounds parasitic. by Lemmy+Caution · · Score: 1

      Viz: my short-term, long-term thing. Those hurtings are now. The future trade balances and opportunities are the future. It means, also, that Europe gets some of its intellectual capital (read: smart people who moved to the US to make more money) back.

    22. Re:Then the company sounds parasitic. by ces · · Score: 1

      Zoiks! $82 billion. That's larger than the GDP of many countries.

      Does SCO/Caldera have any concept of the fire they are playing with here? IBM can bankrupt SCO simply by creative use of the discovery process and by dragging this suit out as long as possible. Who do you think is going to run out of money to pay their lawyers first?

      In addition there is the strong possiblity of IBM countersuing SCO for patent infringement. When you have a patent portfolio as large as IBM's chances are anyone stupid enough to sue you is probably infringing one or more of your patents.

      --
      Happy Fun Ball is for external use only.
    23. Re:Then the company sounds parasitic. by jedidiah · · Score: 1

      How does Europe only trading with Europe improve it's long term prospects?

      --
      A Pirate and a Puritan look the same on a balance sheet.
    24. Re:Then the company sounds parasitic. by Abreu · · Score: 1

      "Generally speaking, if your neighbor is happy and prosperous then you will be happy and prosperous, too. "

      Yeah sure, tell us Mexicans that!

      --
      No sig for the moment.
    25. Re:Then the company sounds parasitic. by budgenator · · Score: 1

      IBM can bankrupt SCO simply by creative use of the discovery process

      I think the expenses involved with the discovery process would be more than SCO can bear even without being creative. Imagine having to provide to IBM
      1. the unix system V sources
      2. the complete change logs
      3. the last known addresses of all of the system V programmers for interviews and depositions.
      4. the expense involved in provide a representative to cross-x the depositions of a couple hundred programers now located all over the country.

      and that's not to mentions hiring the expert wittnesses to testify, they might have to pay 3 or 4 experts at $300.00/hr just to get 1 who can give benefitial testimony. The witness list for this thing would kill a couple trees! My guess is that SCO is going to have to rent a warehouse just to store the documents that they send and recieve on this matter and hire a couple full-time librarians just to manage and cross reference it.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    26. Re:Then the company sounds parasitic. by Lemmy+Caution · · Score: 1

      Um, have you heard of these little markets called Asia, Africa, the Middle East and Latin America? Have you noticed the move to the Euro on the part of the currency market? Are you unaware of the benefits that accrued to the US when other countries "dollarized" their economies?

      Besides, a strong domestic market is also a good thing, because that creates good domestic circulation of capital.

      True, a strong Euro hurts European exports to the US in the immediate term. Considering the high cost of production in the US, though, and the fact that so much US manufacturing is actually overseas anyway, I can't see how either the US or Europe can remain net exporters of manufactured goods: the future for both seems to be in the service sector, although Europe may end up having more economic diversity that way. Again, the return of intellectual capital to Europe can only strengthen its position as a service exporter, and the only way to keep intellectual capital in-country is a strong currency.

    27. Re:Then the company sounds parasitic. by budgenator · · Score: 1

      Europe would be OK if this just involve those pesky software patents, but I don't think anyone is sure just what is intailed here. Europe recognises copyrights, and I'm not sure but probably trade secrets also.

      Just remember if you want to run Linux on an IBM system 390, you get it from SuSE, a German company It must have taken a lot of close cooperation between SuSE and IBM to do this and I'm sure if IBM gets burned for a billion, then SuSE would be next on the hit list.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    28. Re:Then the company sounds parasitic. by Seahawk · · Score: 1

      Funny as I got modded as flamebait - was not the intention at all!

      I see your point, but my point really was, for the same reasons you stated, that hell freezes over before the us gov will give the europeans this kind of advantage! :)

    29. Re:Then the company sounds parasitic. by shadowbearer · · Score: 1

      "The second item nowdays is considered redundant"

      Actually, it's been like that for roughly 3-4 decades now. I was bitching about similar things in the early '80s....

      Sigh.

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
    30. Re:Then the company sounds parasitic. by jedidiah · · Score: 1

      Asia might be an interesting trading partner.

      However, the rest of the planet is too poor to be relevant in this regard.

      The US is a rich bastard that spends money freely.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  3. Look out Bill by fiftyLou · · Score: 1

    Ah, so this Bill Baxter character's responsible for giving SCO the idea. ;-)

  4. Feeling brave??? by monkey_tennis · · Score: 5, Funny

    Quote: "these guys are professional litigious bastards"

    Given the statement that's a fairly brave thing to say in a public forum :)

    1. Re:Feeling brave??? by cshark · · Score: 1
      I wouldn't worry about it. In fact, I would say that Mcbride is a big fat weeny.

      What's he going to do sue me? Well, I can make any litigation against me very pointless real quick.

      Anyway, yesterday we were talking about comparing sources. With this wouldn't you say that checking and comparing source code so we can get sco out of linux becomes a lot more possible? Probable even? This could be the break that the open source community has been looking for.

      --

      This signature has Super Cow Powers

  5. Ooooh. Scarrry. by BWJones · · Score: 1

    The short summary is, 'these guys are professional litigious bastards -- be exceptionally wary.

    I guess this might make more than a few folks here leery of posting anything critical of these bastards eh?

    --
    Visit Jonesblog and say hello.
  6. This is great news for Linux by PhysicsGenius · · Score: 4, Insightful
    No wait, hear me out.

    The GPL has never been tested in court. SCO's claim that they own the Linux source code is clearly ridiculous--how can a person own an idea? So there's no doubt in my mind that Linux will emerge victorious in the end, which makes GPL, and therefore GPL/Linux, even stronger!

    So bring it on, we welcome the test! Any thoughts?

    1. Re:This is great news for Linux by ldspartan · · Score: 5, Insightful

      I disagree. This court case will not be a test of the GPL at all, it will be a test of the lawyers on either side. My understanding is that SCO alleges that IBM breached their license of whatever it is that SCO owns and inserted it into the Linux kernel. It has nothing to do with the GPL, and the case promises to be so mind numbingly complex that little quality case law will come out of it.

      I used to think of SCO as a drunk in a knife fight, wildly stabbing about in the hope of drawing blood. This article indicates to me its more like a duel between two masters. I now understand why IBM has been so slow to act in this case, they understand their opponent and are preparing for a fierce battle.

      This is very much bad news.

      --
      lds

    2. Re:This is great news for Linux by Enrico+Pulatzo · · Score: 2, Funny

      Yep, no person can own an idea--Amazon.com owns them!

    3. Re:This is great news for Linux by Anonymous Coward · · Score: 0

      Boy, are you off base.

      You sound a lot like the fabled north american natives that gave their land away for trinkets thinking the Europeans were idiots for giving their stuff away. "Who can own a tree?".

    4. Re:This is great news for Linux by HBI · · Score: 1

      A fight between lawyers is not like a duel.

      The more closely matched the combatants, the more likely a compromise emerges. The problem for SCO is that a compromise doesn't help them at all. They need a solid win.

      Just watch with interest, nothing else you can do anyway.

      --
      HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
    5. Re:This is great news for Linux by Anonymous Coward · · Score: 5, Interesting

      There's an article on vnunet that hints at what is really going on. It's sleazier than most have even imagined. When IBM, SCO and Sequent got together for project Monteray, the Sequent code for RCU, NUMA and other scalability enhancements were integrated in to the SysV OS they were building. While Sequent, and later IBM, owned their own code, SCO owned the rights to determine its continued usage. This is a result of the rather odious old ATT license agreements.

      So, what SCO is claiming isn't that Linux has code taken from anything SCO ever created. They are claiming that Linux has code that was created by Sequent (now owned by IBM) and IBM and that the Unix licensing agreements give SCO rights over that code. SCO is suing IBM for giving away its own code because a goofy licensing agreement says they can.

    6. Re:This is great news for Linux by ldspartan · · Score: 1

      Eh, although I didn't think my metaphor through all that much, I think a dueling (with swords) is a reasonable metaphor for law.

      Parry, thrust, parry and so forth... add in a ton of man hours, a team of assistants, paralegals and clerks, and a tremendous amount of research and you've got law, imho.

    7. Re:This is great news for Linux by swordboy · · Score: 1
      --

      Life is the leading cause of death in America.
    8. Re:This is great news for Linux by Anonymous Coward · · Score: 0


      The problem for SCO is that a compromise doesn't help them at all

      Hmm, if I were the Canopy CEO and the compromise involved a big pile of green then I might come to a slightly different conclusion.

    9. Re:This is great news for Linux by Anonymous Coward · · Score: 0

      This link is good, succinct info. Mod this sucker up.

    10. Re:This is great news for Linux by hendridm · · Score: 3, Funny

      For some reason, all I can picture is that scene from independence day where a bunch of people (SCO) are standing on top of the building cheering for (taunting) the big alien ship (IBM) that is slowly hovering over them, and without warning, emits an enormous death ray that quickly vaporizes them and destroys most of the city. IBM might move slowly, but they carry a big stick.

    11. Re:This is great news for Linux by zurkog · · Score: 5, Funny

      This article indicates to me its more like a duel between two masters.

      IBM: [struggling to keep SCO away] There's something I ought to tell you.
      SCO: Tell me!
      IBM: I'm not left-handed either.

    12. Re:This is great news for Linux by hndrcks · · Score: 2, Interesting

      I disagree further. This is not really a test of GPL or lawyers - this is a test of Cathedral vs. Bazaar - specifically, those companies and entities whose fortunes are tied to closed - source, proprietary code casting fear and doubt on open-source and collaborative development methods.

      Unless SCO loses completely and fully - even if they only win on some small technical point - Microsoft will never let it go. They will beat every IT manager over the head with the 'risk of IP contamination' that open-source methods supposedly have.

      Yes, this is bad news...

      --
      Everyone will start to cheer when you put on your sailin' shoes.
    13. Re:This is great news for Linux by operagost · · Score: 1

      Let's put those together and say it's like a Kung-fu Drunken Master fight.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    14. Re:This is great news for Linux by puppet10 · · Score: 1

      more like a boxing match not round limited...either you overwhelm the opponent ending it quickly or its a battle of attrition slowly beating each other to a bloody pulp to the point where even when one side wins its a hard won and possibly pyrrhic victory.

      --
      -------- This space intentionally left blank --------
    15. Re:This is great news for Linux by antiMStroll · · Score: 1
      I used to think of SCO as a drunk in a knife fight, wildly stabbing about in the hope of drawing blood.

      You were right the first time. Public statements by SCO officers now appear to indicate they'll claim partial ownership rights of most modern commercial operating systems, including Windows. SCO is hardly a mster duellist and more like the drunk who's drawn blood once or twice outside of the Olive Garden and now find themselves on the wrong side of town. They yell louder and flail more to draw attention from the fact they're armed with just a pencil knife. They're going to get their clocks cleaned.

    16. Re:This is great news for Linux by the+gnat · · Score: 1

      So, what SCO is claiming isn't that Linux has code taken from anything SCO ever created.

      The rest of your comment is fascinating, but this part does not seem correct. SCO certainly does seem to have been claiming this all along - in particularly, they've claimed that code theft in Linux predates IBM's involvement. Their attacks on Linus and the community also suggest that the code was in fact SCO's IP, which would not be the case if the contract were the only basis for the suit. The simplest explanation is that SCO is just full of shit, but it's increasingly impossible to understand what the basis for their lawsuit actually is, or whether it has any grounding in reality.

    17. Re:This is great news for Linux by ausoleil · · Score: 0, Flamebait

      >how can a person own an idea?

      That is a question you may want to ask Jeff Bezos of Amazon.

      Currently, I hear he is working with sertain Arab partners to patent the concept of zero. He's familiar already with it, given their extensive profit statements where the number is repeated endlessly.

    18. Re:This is great news for Linux by dubStylee · · Score: 1

      SCO: My way's not very sportsmanlike, is it?

    19. Re:This is great news for Linux by Anonymous Coward · · Score: 0

      THere is a distinction between "code SCO created" and "SCO's IP." SCO is basically claiming the distribution control on all SysV derived code belongs to them (with the exception of Sun b/c Sun got a more reasonable license).

      This makes SCO's claims that the Linux code is related to enterprise scalability that SCO's products have never had look more sensible.

      Bear in mind that IBM was NOT the first Unix licensee to contribute to Linux so it is certainly consistent with their claim that the transfer has predated IBM's participation. Theoretically, SGI could be on the hook for XFS too. They just don't have enough money to be worth suing.

      SCO's attacks on Linus and the community suggest nothing other than that the community is not made up of IP lawyers with intimate knowledge of Unix vendor licenses.

      It'll be up to the court to determine if the licenses mean what SCO says they mean and if those agreements are enforceable.

    20. Re:This is great news for Linux by Anonymous Coward · · Score: 0

      Barring a colossal legal screwup on SCO's part or licensing agreements being made available that currently are not, SCO will ultimitely win this court battle (if it is not settled out of court) The original ATT licences that they assumed control of are still binding. If you can find a copy go through them carefully and you will see what SCO sees. These are agreements that most of the UNIX companies agreed to (SUN realized the dangers involved and came to a different agreement. McNealy has not come forward regarding this because he knows this puts him in an excellent position to pounce on his competitors market share when the dust settles). IBM is not the only UNIX vendor in the crosshairs.
      This suit is not about SCO being purchased by IBM. They chose IBM because they (SCO) are very solid in their position and this puts everyone else on notice. "You are next"
      Read the original agreements.

    21. Re:This is great news for Linux by jedidiah · · Score: 1

      This article is flawed.

      All it really demonstrates is that the Canopy group is a well practiced group of jackals. It doesn't really do a good job of establishing that these people are truely effective jackals.

      The problem with this article is that they bring up the Microsoft case and draw false conclusions from it. The Microsoft case was a no-brainer. Just about everyone but Microsoft agreed with the facs of the case and those facts were a matter of public knowledge YEARS before Noorda bought his right to sue.

      There is none of that present in the current SCO case. They are fighting AGAINST the public consensus and pissing off more than just AIX and Linux users.

      IBM is also much better process control than Microsoft. It's already been slapped on the nose for being an arrogant Robber Baron. I believe that they've learned the necessary lessons from this. They are considerably less vulnerable to this sort of attack than most other companies.

      McBride is drunk with power from winning an easy victory against the Chinese and now he thinks that he can take on the US Navy. Soon there will be Dolittles in the skies above his cities.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    22. Re:This is great news for Linux by kalidasa · · Score: 1

      SCO's claim that they own the Linux source code is clearly ridiculous--how can a person own an idea?

      The same way one can own undeveloped land. The ownership of that land is merely the ownership of an abstract principle with regard to use of the land. The same is true of any object which cannot be shut up inside another locked object.

    23. Re:This is great news for Linux by HBI · · Score: 3, Insightful

      Maybe, but i'm not sure that is how it will end up. Note that IBM hasn't filed any countersuits yet.

      Watch for those.

      --
      HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
    24. Re:This is great news for Linux by Cro+Magnon · · Score: 1
      either you overwhelm the opponent ending it quickly or its a battle of attrition slowly beating each other to a bloody pulp


      Option 3: one side takes a dive to keep from getting beat to a bloody pulp (students vs RIAA)
      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    25. Re:This is great news for Linux by urulokion · · Score: 1
      This is the best summary of SCO's case against IBM that I've seem. I would moderate you up but you're maxed out already, and I've already posted.

      So, good show!

    26. Re:This is great news for Linux by CoolVibe · · Score: 1

      I have prior art! Just look at my bank account balance :)

    27. Re:This is great news for Linux by Abreu · · Score: 1

      So in your opinion this is actually Drunken Style Kung fu?

      --
      No sig for the moment.
    28. Re:This is great news for Linux by decapentaplegic · · Score: 1

      I now understand why IBM has been so slow to act in this case

      "...they can afford to move so fucking slow, man, they'll wait years and years. Give you a whole life, just so you'll have more to lose when they come and take it away. Patient like a spider. Zen spiders ."
      William Gibson
      Neuromancer

    29. Re:This is great news for Linux by 2TecTom · · Score: 1

      This, of course, assumes that a just solution will be adjudicated. As a previous post mentioned, there is no guarantee given the rampant corruption found in high places. However, if enough people pull together, there is little that could not be accomplished. Really, this is not a test, at least one that we can afford to fail. If we don't affect positive changes here and now, then negative effects must result.

      This is as clear as the fact that we cannot rely on governments or justice systems to represent us. We must personally step up to the plate and carry the day, lest we lose all that so many have contributed freely.

      Make no mistake, this is a litmus test for this community. If we give more ground up now, the battle to regain it will likely be bloody.

      We shall see ...

      --
      Words to men, as air to birds.
    30. Re:This is great news for Linux by Tintagel · · Score: 1

      Unfortunately, the building that gets blown up is IBM! Look carefully at the sequence; there's a shot from a helicopter circling the roof where the people are cheering, and you briefly see a big white IBM logo on the side of the building. Then it cuts back to the face of a woman on the roof looking up at the death ray energizing, confirming that it's the building with people on top (i.e. IBM) that's about to blow up.

      The next shot is from way down the street, looking back at the building as the death ray destroys it. The building suddenly has a tall spire (it's the Empire State Building as shown in the movie poster), so maybe they cut from another city to New York. The fact remains that a building with people on its roof gets blown up, and that means IBM.

      (I was interning for IBM at the time ID4 came out and took the afternoon off to see a preview, so we all got very excited to see exactly who the aliens were targeting first :-)

      The alien ship could be SCO or Apple (who sponsored ID4).

    31. Re:This is great news for Linux by Anonymous Coward · · Score: 0

      Hopefully letting the enemy advance into a gully lined with claymores?

  7. Obvious opportunity by worst_name_ever · · Score: 5, Funny
    these guys are professional litigious bastards

    Thanks for the libel, we were wondering who we were going to sue today. See you in court!

    Sincerely,
    The SCO Corporation

    --

    In Soviet Rush, today's Tom Sawyer gets high on you.
    1. Re:Obvious opportunity by tuffy · · Score: 4, Insightful
      Thanks for the libel, we were wondering who we were going to sue today. See you in court!

      It's only libel if it's not true. And it'll be hard to prove one isn't a professional litigious bastard while suing someone else for being called that :)

      --

      Ita erat quando hic adveni.

    2. Re:Obvious opportunity by lovebyte · · Score: 5, Funny

      professional litigious yes, but bastard? I demand a DNA test !

      --

      I'll do it for cheesy poofs.

    3. Re:Obvious opportunity by harrkev · · Score: 4, Interesting
      these guys are professional litigious bastards
      Thanks for the libel, we were wondering who we were going to sue today. See you in court!


      Just a comment (probably naieve and dumb), but why can't we turn the tables on SCO?

      Surely there are a lot of "mom & pop" computer stored with a few distro's of linux lying around. They could take SCO to their local small-claims court and sue for their loss of revenue due to SCO's unfounded ranting and raving hurting their sales of retail packages of Red Hat, SUSE, Mandrake, etc. You could take this to small claims court, where it is usually something like $30 to start a suit.

      Most places have a small claims limit of something like $500 or so, but $500 x (number of counties in US) is a whopping huge number. And it would cost more to hire a lawyers in every county than it would to pay the claims off.

      The entire community could be a royal pain in the @$$ to SCO!
      --
      "-1 Troll" is the apparently the same as "-1 I disagree with you."
    4. Re:Obvious opportunity by Uart · · Score: 1

      Lawyers can prove anything if you pay them enough.

      --

      Opinionated Law Student Strikes Again!
    5. Re:Obvious opportunity by dcavanaugh · · Score: 3, Insightful

      "And it'll be hard to prove one isn't a professional litigious bastard while suing someone else for being called that"

      Ah yes, the Catch-22 defense.

    6. Re:Obvious opportunity by LostCluster · · Score: 1

      In order to be libel it has to be false. This would get very difficult to prove...

      Their company's business model seems to be based on lawsuits, which means they're making a profession out of being litigious, and one of the definitions of "bastard" is "an offensive or disagreeable person", which SCOs operators most certainly are in the view of /.

    7. Re:Obvious opportunity by DavidTC · · Score: 1

      Just in case anyone taking this seriously, calling someone a 'bastard' or a 'jerk' or an 'asshole' is never libel, it's obviously an opinion, and thus cannot be 'correct' or 'incorrect'.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    8. Re:Obvious opportunity by rusty0101 · · Score: 1

      Most places have a small claims limit of something like $500 or so, but $500 x (number of counties in US) is a whopping huge number. And it would cost more to hire a lawyers in every county than it would to pay the claims off.

      Actually if there are multiple small businesses in a community, it would be $500 per business that chosses to file, not $500 per county. (Don't forget that Louisana has Parishes, not counties.)

      At the same time I suspect that there are a few counties around the country that do not have a business selling software at any level, much less selling Linux.

      Just some thoughts.

      -Rusty

      --
      You never know...
    9. Re:Obvious opportunity by the+gnat · · Score: 1

      In order to be libel it has to be false. This would get very difficult to prove...

      I remember one article about an IP holding company, whose function was mainly to sue the crap out of any big corporation that might be infringing its very dubious patents. One lawyer (from Intel, I think) publically referred to the litigating company as "patent extortionists" but was forced to back down after they sued him. (He now calls them "patent trolls".)

    10. Re:Obvious opportunity by Anonymous Coward · · Score: 0

      Yeah, how dare you call him "professional"!

    11. Re:Obvious opportunity by AdEbh · · Score: 1

      Being from Australia I'm not fully acquainted with US law, so I'm talking out my ass here a bit.

      I seem to remember listing to the radio a few years back about defamation law. In some states it is not necessary to prove that a statement was false to successfully sue for defamation. All that is necessary is to prove that the statement diminished the reputation of the plaintive, i.e. they were defamed.

      I know it seems a bit weird, but then again California has a law on the books making it illegal to hunt whales form your car!

    12. Re:Obvious opportunity by Hittite+Creosote · · Score: 1

      Well, would we be able to call them 'annoying little shits' then? I believe that legally, that's viewed as merely abuse...

    13. Re:Obvious opportunity by walterbyrd · · Score: 1

      >these guys are professional litigious bastards

      >>Thanks for the libel, we were wondering who we were going to sue today. See you in court!
      -----------------------

      Liable? Are you kidding? I have no doubt that canopy group considers the original comment to be the highest compliment.

    14. Re:Obvious opportunity by tuffy · · Score: 1

      In the US, defamation is a blanket term for both slander and libel, neither of which applies to a true statement. Here's a bit of additional info on the subject.

      --

      Ita erat quando hic adveni.

    15. Re:Obvious opportunity by anticypher · · Score: 1

      I'll start testing random pond scum to establish parenthood right away. Your job is to test the shark. Almost certainly they weren't married, but their litigious bastard spawn certainly has covered their tracks by devouring them.

      the AC

      --
      Hemos is like...sci-fi fans;he thinks technology is cool, but he hasn't bothered to understand the science it's based on
    16. Re:Obvious opportunity by Anonymous Coward · · Score: 0

      This of course will lead to a big legal dustup with Microsoft when SCO launches their:
      "Who do we want to sue today?" advertising slogan.

    17. Re:Obvious opportunity by arkanes · · Score: 1

      California has a law making it illegal to hunt whales, period, whether you're in your car or not. You can just as accuratly say that California has a law making it illegal for you to hunt whales in your bedroom.

    18. Re:Obvious opportunity by KillerHamster · · Score: 2, Funny

      We at SCO have determined that IBM has illegally inserted our valuable DNA into the public gene pool. This is not just a few molecules; whole strands have been copied. Anyone using DNA is guilty of copyright infringment. You will be receiving letters from our legal team soon.

    19. Re:Obvious opportunity by Malcontent · · Score: 1

      Scientology did something like this to the IRS. They crushed the IRS under a rain of lawsuits from inidividual members.

      I don't think the OSS community is as organized, as well funded or as dedicated to their cause as scientology (or any other religion really).

      Judging by how many hostile posts there are on slashdot towards anything GPL I would say that your idea of filing many suits will go nowhere.

      --

      War is necrophilia.

    20. Re:Obvious opportunity by budgenator · · Score: 1

      But some people have a fetish about naked 400 lbs women....

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    21. Re:Obvious opportunity by Mr.+X · · Score: 1

      Unfortunately, you have to sue a business in their home location. (unless they have an office where you live as well) This would make your plan a lot more time consuming and expensive.

  8. SCO - Abhor, Junk, Ignore?? by jkrise · · Score: 1

    All of the above.

    Please... let's get the 'right' SCO pulicity in here please. Not alarmist Forbes articles.

    --
    If you keep throwing chairs, one day you'll break windows....
  9. Impressive !!! by da5idnetlimit.com · · Score: 4, Interesting

    Bill Baxter - Subject: Not Open Source, I'm afraid. ( Feb 23, 2000, 00:01:50 )
    Note that these releases are not open source. SCO retain rights to the source code. Maybe they even hope that some of their code will wind up in linux, so that they can then sue, and render the Linux license terms invalid. Or would they be that spiteful? My guess == yes.

    Really a good hunch, this one...

    But, even if they retain the rights, the fact they had them published publicly make the source open knowledge, no ?

    --
    It takes 40+ muscles to frown, but only four to extend your arm and bitchslap the motherfucker
    1. Re:Impressive !!! by Xentax · · Score: 3, Informative

      Hit the "wayback" links and read the License Agreement SCO was offering these sources under.

      It's sufficiently restrictive such that you most certainly can't copy the code into a GPL'd product -- not legally, at least.

      Of course, that's assuming the source SCO's providing you (for 100 bucks, by and large) is your ONLY way of accessing the code. The case IBM and the Linux community at large will make (I'm pretty sure) is that the violations SCO claims are NOT violations because SCO's code wasn't the only means of obtaining that code, or at least the algorithms in question.

      Xentax

      --
      You shouldn't verb words.
    2. Re:Impressive !!! by Pascal+Sartoretti · · Score: 1

      Really a good hunch, this one...

      So good that I can't help but wonder if SCO reads Linux Today :-)

    3. Re:Impressive !!! by bmongar · · Score: 1

      Yes, it makes it public knowledge, but that is only an issue in trade secrets not copyright.

      The lyrics to songs are public knowledge but you can't perform in public without paying the artists association.

      --
      As x approaches total apathy I couldn't care less.
    4. Re:Impressive !!! by Ender+Ryan · · Score: 2, Interesting
      But, even if they retain the rights, the fact they had them published publicly make the source open knowledge, no?

      IANAL, but no, probably not. But any trade secret claims they have that are in that code would be void I think.

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
    5. Re:Impressive !!! by JanneM · · Score: 2, Informative

      Their suit against IBM is based largely on trade secret missappropriation. So it is very relevant, should any of those "trade secrets" turn out to be in that code.

      --
      Trust the Computer. The Computer is your friend.
    6. Re:Impressive !!! by Anonymous Coward · · Score: 0

      Unfortunately not. Doesn't work that way. Besides they had a statement you had to agree to before you could download the source:

      These licenses permit hobbyists and enthusiasts to have access to the source code of these historic releases, for personal and non-commercial use, and to share experiences and code updates with other authorized individuals having corresponding licenses. SCO has received numerous favorable responses from UNIX enthusiasts around the world, including messages such as, "Future computer historians will greatly appreciate what you have achieved!" and "I've wanted access to this material for nearly 20 years! Well done!"

    7. Re:Impressive !!! by Arker · · Score: 1

      But, even if they retain the rights, the fact they had them published publicly make the source open knowledge, no

      My understanding is it wouldn't affect copyright, but it does nullify any trade secret status. Which is what they're suing IBM over, after all...

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    8. Re:Impressive !!! by Pentagram · · Score: 1

      Really a good hunch, this one...

      Yeah. What shares does Bill Baxter hold?

    9. Re:Impressive !!! by lordvdr · · Score: 1

      I don't know if they make source open knowledge, but it does remove all "Trade Secret" claims.

      --
      If you are out to describe the truth, leave elegance to the tailor - Albert Einstein
    10. Re:Impressive !!! by Xentax · · Score: 1

      Um, no.

      They're not claiming the code was "secret", just that the licenses governing its use in AIX were violated by IBM putting it into Linux.

      Of course, that assumes that the code DID get into Linux from SCO AND that IBM was the one who put the code there. The code could well have come from elsewhere (and that means from somewhere else's code base, from someone else independently and the similarities are incidental or inevitable given the problems being solved, OR under the terms of a difference license), and someone other than IBM may have been responsible.

      We won't know the actual answer until it's a matter of public record what copying is being claimed, if then.

      Xentax

      Xentax

      --
      You shouldn't verb words.
    11. Re:Impressive !!! by deuce868 · · Score: 1
      We won't know the actual answer until it's a matter of public record what copying is being claimed, if then.
      Do we have any idea as to when in the world this will come out?
    12. Re:Impressive !!! by Tsu+Dho+Nimh · · Score: 1
      "even if they retain the rights, the fact they had them published publicly make the source open knowledge, no ?"

      It effectively makes anything in them no longer a "trade secret", and also acts as "prior art" and precludes anyone patenting anything in that code after the date of publication.

      It also effectively contaminates the developer pool with "source knowledge" ... but they freely distributed it to world+dog, so the argument that resemblances between them and any other *NIX are deliberate and the result of illegal activity are going to be hard to make convincingly.

    13. Re:Impressive !!! by Xentax · · Score: 1

      About 3 days after the Apocalypse, by my reckoning...

      In all seriousness, I meant to say when the case goes to trial (if it does), because I *suspect* they'll have to make that information available to the court, and so it becomes a question of whether either or both sides attempt to seal the trial and/or the ruling and/or any hypothetical settlement.

      Xentax

      --
      You shouldn't verb words.
  10. I got a plan!! by MongooseCN · · Score: 3, Funny

    Lets all invest our money in SCOs stock!! Then they are guaranteed to tank and go out of business in no time! It's time we made this tech bubble burst work FOR us.

    1. Re:I got a plan!! by markov_chain · · Score: 1

      No, no, no, that would help their company. Instead, we must all sell their stock short! ;)

      --
      Tsunami -- You can't bring a good wave down!
    2. Re:I got a plan!! by Tenebrious1 · · Score: 4, Funny

      Lets all invest our money in SCOs stock!! Then they are guaranteed to tank and go out of business in no time! It's time we made this tech bubble burst work FOR us.

      Hell, why not just get all /.ers to toss in $20 and BUY SCO? Then we could forget about all this crap and get on with news that really matters... (what's Natalie up to these days?).

      --
      -- If god wanted me to have a sig, he'd have given me a sense of humor.
    3. Re:I got a plan!! by Scyber · · Score: 1

      I'm in for $20.

    4. Re:I got a plan!! by ReelOddeeo · · Score: 2, Insightful
      Lets all invest our money in SCOs stock

      This does not help nor hurt SCO. It helps their current shareholders. Which happen to be, the people who are doing these actions, in order to get bought. In other words, you are proposing that we do exactly what they are wanting us to do. Buy them to make this go away.

      If IBM won't just buy them to make them go away, then why should we? IBM has much more interest at stake. It would cost IBM significantly less than $3 Billion.

      Doing this also sends a message that a viable business model is...
      1. Sue some major company promoting any particular Open Source project
      2. Wait to get bought out
      3. Profit
      --

      Those who would give up liberty in exchange for security and DRM should switch to Microsoft Palladium!
    5. Re:I got a plan!! by big.ears · · Score: 1

      Hell, why not just get all /.ers to toss in $20 and BUY SCO?

      Because, if you had read the article, you would know that the Canopy group and related cronies already own a majority of the stock, and if they sell out right now to you, they might be in for it from the SEC and shareholders.

    6. Re:I got a plan!! by deblau · · Score: 1

      Natalie just graduated from Harvard and is leaving Cambridge because she hates the harsh winters. I'm sure her fans will be happy to know that she's still 22.

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    7. Re:I got a plan!! by Lord_Slepnir · · Score: 1
      Hell, why not just get all /.ers to toss in $20 and BUY SCO? Then we could forget about all this crap and get on with news that really matters... (what's Natalie up to these days?).

      But If i give up $20, how will I afford bowls of hot grits?

    8. Re:I got a plan!! by Geopoliticus · · Score: 1

      Good luck with that. As someone already said, the Canopy group already owns the company. Even if that were not the case, the company has a Market Cap. of 149 Million. Last I checked the Slashdot community was not made up of 13047285 members. (This is figuring the cost of the company at the current SCOX stock price of $11.42/share)

      Even if we only wanted to own 51% of the shares (again, if it were possible), we would still have to come up with about 75 million bucks...

      I admit this is all speculative math, but $20 is not going to cut it. Just for the record though, funny idea! :)

    9. Re:I got a plan!! by Anonymous Coward · · Score: 0

      How about we all buy stock now, wait a few weeks (SCO's stock is doing quite well right now) and then all sell at about the same time, most of us should be able to make a profit and SCOs stock price will tumble (hopefully to less than it was when we all started buying). This panic buying might encourage the canopy group to sell their stake in SCO, plus SCO execs loose money this way if they have any shares.

      Then once everyone has jumped ship and the stock price is next to nothing we buy up a majority stake in the company.

      Or to put it simply

      1. buy lots of stock
      2. ??? (sell stock, cause crash, rebuy when low)
      3. profit and control of sco

    10. Re:I got a plan!! by Marc2k · · Score: 1

      (what's Natalie up to these days?).

      I'd say she's about up to her armpits on hot grits.

      --
      --- What
    11. Re:I got a plan!! by Anonymous Coward · · Score: 0

      75,000,000 / 13,047,285 = 5.75

      $20 each should be more than enough?

      and don't forget all of us anonymous cowards :)

    12. Re:I got a plan!! by Glock27 · · Score: 1
      Hell, why not just get all /.ers to toss in $20 and BUY SCO?

      *raises pinky to corner of mouth*

      We can buy SCO for $20 million dollars!

      (Blatant ripoff of other, original posts...sorry couldn't resist.)

      Actually, according to Yahoo, the current market cap is only $134 million - if one million+ Slashdotters went for $100 we'd be in business! ;-)

      We could then donate the company to OSL so Linus can have his revenge... ;-)

      --
      Galileo: "The Earth revolves around the Sun!"
      Score: -1 100% Flamebait
    13. Re:I got a plan!! by Anonymous Coward · · Score: 0

      Actually, there's more merit to that plan than you might think. If every slashdotter bought some SCO stock, went to the next shareholders meeting and voted the board out....

    14. Re:I got a plan!! by cheshiremackat · · Score: 1

      There may be some way to use their tactics against them... Find out when their annual meeting is...buy a few shares (1 is enough, but really you will want 100 to cut down on fees)... then go to the meeting and complain how you *do not think this strategy is a good idea*... get someone else to complain how they are wasting shareholder monnies on lawsuits and *not* on running the company...

      Now... here is the real kicker... if you can convince enough of the Linux/ /. community to join the cause, all of you can SUE SCO(!)as a shareholder...
      IAASB (I AM A STOCK BROKER) and this has happened ALOT before... there is alot of precident... this happens with forestry companies (anti-logging lobby/greenpeace)... The best part is that they HAVE To LISTEN to your question, they may limit you to one, but they can't kick you out for asking!... and if ths turns ot to be a "pump-and-dump" then your questions might become the focal point of the investigation!

      _CMK

      --
      Bad spellers of the world untie!
    15. Re:I got a plan!! by oe1kenobi · · Score: 1
      Lets all invest our money in SCOs stock!!

      But then the terrorists will have won.

      --
      -Richard L. Owens
    16. Re:I got a plan!! by Anonymous Coward · · Score: 0
      No we should all SHORT their stock.



      It's the only way to make money by betting on a loser

    17. Re:I got a plan!! by arkanes · · Score: 1

      We can just get 15% or so and start a stockholder suit against McBride for being a moron and dragging the company down.

    18. Re:I got a plan!! by Anonymous Coward · · Score: 0

      You know, I just came up with a hypothetical question for the lawyers in this group. If I were to buy, say 10 shares of SCOX and continue to use Linux, would SCO even have grounds to sue me? I am a share owner after all. Has there ever been a case where a company sued one of its owners for using a product that it sells? This is of course assuming that SCO has a case against IBM and SCO wins...

      Dan.

    19. Re:I got a plan!! by j_w_d · · Score: 1

      Mod this one up. It is just what I was going to post. If every /. shorted about 20 shares of SCO, Utah would be deep in tears.

      --
      ------ The only greater hazard to your liberty than n politicians is n+1 politicians.
  11. For the /.'ed by Gortbusters.org · · Score: 2, Informative

    This is what Linux Today says:

    Santa Cruz Operations often referred to as "SCO" but known internally as "S-C-O" has made a number of straight UNIX source codes available to the public. The source code for:

    Mini UNIX
    UNIX V6
    PWB UNIX
    UNIX V7 (which also covers Editions 1-5, and the 32V)

    --
    --------
    Free your mind.
    1. Re:For the /.'ed by RLiegh · · Score: 3, Informative

      So, that brings up an obvious question:

      Is the ancient software found at
      http://www.tuhs.org/archive_sites.html legal?

      What is the probability that SCO will rescind the public availability of it?

    2. Re:For the /.'ed by Maserati · · Score: 1

      Well, there aren't any trade scerets in this stuff (anymore).

      I'm saving a copy for posterity.

      --
      Veteran, Bermuda Triangle Expeditionary Force, 1992-1951
    3. Re:For the /.'ed by RLiegh · · Score: 1
      Well, there aren't any trade scerets in this stuff (anymore).
      ...since they were all leaked to the Linux kernel. ;)

      [attn mods: note the winky; thanks]
    4. Re:For the /.'ed by Anonymous Coward · · Score: 0

      They can't, unless it explicitly says that in the license agreement (and even then, it's questionable).

      While the original copyright holder can license their property under multiple licenses and change the licensing scheme over time, the license under which they released one version applies to that version permanently (or at least as long as anyone has a copy of it).

    5. Re:For the /.'ed by bstadil · · Score: 1
      What is the probability that SCO will rescind the public availability of it?

      As far as Trade Secrets goes, they can rescind all day long, but it's gone for good.

      --
      Help fight continental drift.
    6. Re:For the /.'ed by Anonymous Coward · · Score: 2, Informative
      There is NO probability that SCO can or will do ANYTHING about it. This Slashdot article represents a COMPLETE misunderstanding about the Caldera Ancient Unix release. Caldera released the Ancient UNIX code in 2001 under a BSD style license. This did NOT include System V, which is what SCO is suing about. SCO can do NOTHING about the Ancient UNIX release.

      Anyways, the long license agreement for Ancient UNIX was the one you had to sign BEFORE IT WAS RELEASED UNDER THE BSD STYLE LICENSE!!! Now all the old releases of BSD which use some ancient UNIX code are open to the public as well, and the *BSD systems have been integrating this code into their own systems to replace GPL licensed utilities.

    7. Re:For the /.'ed by shadowbearer · · Score: 1

      However, as noted before by several posters, it DOES include the predecessercode to a lot of SysV - and there's probably a lot of common code between Ancient Unixes and SysV.

      Basically it's a huge f'k mess...but I still think SCO is screwed, and I hope IBM pursues the bastards responsible until they die of hubris.

      Sb

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
  12. archive.org I love you!!! by Lxy · · Score: 3, Informative

    Courtesy of the wayback machine:

    http://www.sco.com/offers/ancient_unix.html

    --

    There is no reasonable defense against an idiot with an agenda
    :wq
  13. Even better, you can still download the code... by myst564 · · Score: 5, Interesting

    Yeah that's right, you can still download the code

    1. Re:Even better, you can still download the code... by MickLinux · · Score: 4, Interesting

      So isn't this the place to start with the MD5 hash checking? I mean, that's something to work with.

      Unfortunately, I am *not* a coder any more, and probably don't have the space, and definitely don't have the time to do this. But someone else could.

      --
      Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
    2. Re:Even better, you can still download the code... by babbage · · Score: 1, Insightful

      Okay, so now someone can run a diff between this & the Linux source, and we can finally identify what the claims are all about without having to let SCO continue to make vague threats about what they allege to be there. We don't have to wait for them anymore!

    3. Re:Even better, you can still download the code... by MasonMcD · · Score: 4, Interesting
      The reason for the moniker "ancient UNIX," note the EULA, section 3 (SysV is specifically excluded):

      3. LICENSED SOURCE CODE PRODUCTS

      The SOURCE CODE PRODUCTS to which SCO grants rights under this AGREEMENT are restricted to the following UNIX Operating Systems, including SUCCESSOR OPERATING SYSTEMs, that operate on the 16-Bit PDP-11 CPU and early versions of the 32-Bit UNIX Operating System with specific exclusion of UNIX System V and successor operating systems:

      16-Bit UNIX Editions 1, 2, 3, 4, 5, 6, 7 32-bit 32V


    4. Re:Even better, you can still download the code... by alienw · · Score: 1

      Too bad it doesn't include the System V code, which is the code in question in the lawsuit. Read the license carefully.

    5. Re:Even better, you can still download the code... by eXtro · · Score: 5, Informative

      It depends really. A MD5 hash will only tell if entire files were misappropriated verbatim. So throwing on a GNU header, adding in a changelog entry for a bug fix etc would all invalidate the MD5 hash. I do not believe that there is any truth to the SCO claims, but MD5 hashes wouldn't be proof in favour of linux either.

      A first step would be to use a regexp to spit out all the comments into a file sorted by some key. Do this for both the SCO and linux code bases. Toss out all the comments which aren't in both lists and you now have a file with common comments. This would be where to start looking, if you see non-trivial verbatim comments then further investigation would be needed.

    6. Re:Even better, you can still download the code... by rmadmin · · Score: 1

      Yeah, but still, their could be loads and loads of code that is similar. How are we supposed to know what code they are specifically speaking of?

    7. Re:Even better, you can still download the code... by babbage · · Score: 2, Interesting
      True, but this at least gives us something more substantial to work with. Cases like the alleged blocks of code with duplicated comments &c. should now be identifiable, and can be revised accordingly. This wasn't possible until a copy of the SCO source was found.

      To avoid "polluting" developers, a tech savvy lawyer can run the diffs, and then let the kernel team know that "lines X-Y of file Z need to be edited" without explaining any further.

    8. Re:Even better, you can still download the code... by elgeeko · · Score: 1

      Here's the same link without the license agreement click-thru... http://public.planetmirror.com/pub/ancient-unix/an cient/v7/

    9. Re:Even better, you can still download the code... by mikeee · · Score: 5, Informative

      No, no, this was gone over before; you MD5 hash each consecutive five-line set (including overlapping ones) for each set of source, sort the list of hashes, do the same for Linux, and then run through the list of MD5s looking for matches.

      That'll give you hits for any five-line segment of code that matches anywhere between the two.

    10. Re:Even better, you can still download the code... by eXtro · · Score: 1

      Ahh thanks, I didn't think of that.

    11. Re:Even better, you can still download the code... by Xoro · · Score: 5, Insightful

      Unfortunately, the MD5 checking won't lead us to the core of SCO's complaints. After reading this inteview, it seems that they claim IP rights to all licensed derivatives of SysV, not just their "ancient" codebase.

      That is, they say their license agreements w/ IBM, Sun, etc. give them control over the bits in AIX, Solaris, etc. that were developed by the licensee. So it seems that if IBM develops a special memory locking scheme for AIX then shares it with linux, SCO still claims a violation even though they played no part in developing the code.

      Here is the relevant comment:

      When we take a top-tier view of 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--the amount is substantial. We're not talking about just lines of code; we're talking about entire programs. We're talking about hundred of thousands of lines of code.

      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.

      And they say the GPL is viral!

      Now I have no idea if this claim is true, if it's in the contract or if it's enforceable, but it make SCO's claims seem a little less bizarre.

      --
      Kill, Tux, kill!
    12. Re:Even better, you can still download the code... by ajs · · Score: 1

      This code is too old to matter. Yes, if there were common bits in Linux, they should be removed, but SCO is claiming that code that came into UnixWare in the time frame of late-80s to mid-90s was coppied into Linux by IBM. Code like the SMP work done by Sequent will not appear in any of that source code (though I find it heartening that it still exists on the Net).

    13. Re:Even better, you can still download the code... by Bazzargh · · Score: 5, Interesting

      He's talkin about MD5 hashing of small sections, as someone suggested the other day here.

      If you actually have the source code, there are other fairly quick ways to find copy & pastes, eg the BWT-based method I implemented in CPD.

      That method is pretty fast - it mainly depends on the file scanning time, not the sort we used to find the duplicates (eg using a suffix tree sort instead of quicksort won't gain you much here). However its a bit of a memory hog. I originally wrote the algorithm in perl, though, and it used a lot less - it would probably work on something the size of Linux.

      I've come up with a new variation based on rysnc that will be quicker than the original MD5 suggestion, still requires no access to the original source, and sucks a hell of a lot less memory than the BWT method. Its also possible to do incremental checks (extremely quickly) using this method, something we couldn't do before.

      There are other interesting techniques based on gzip and the like if this kind of thing interests you.

    14. Re:Even better, you can still download the code... by MickLinux · · Score: 4, Insightful

      First, let me point out that IBM does not have the right to transfer the rights of individual developers the world over, to SCO. So even if they put SCO code into the kernel, SCO could at most require it to be removed. Whether that would require the removal of whole programs, or individual sections of code, is up to individual lawsuits of SCO against individual developers. Those lawsuits, in turn, would probably turn on such things as whether the developer knew that this was SCO code.

      If I sue John in a court of law, I can't ask the court to award me Bill's house. That lawsuit has to be against Bill. And I *definitely* can't sue Mary for living in the house that she rented in good faith from Bill, especially before said lawsuit against Bill reaches a conclusion.

      Nonetheless, the MD5 hash checking [of the 5-line segments, as described on slashdot]] still will be useful. First, it will tell us what code coincides. That allows us to look for BSD coincidences: BSD source automatically cleans that code. We don't have to worry about it. Next, it allows us to track down and start talking to individual developers, to find out where the code came from: published material in a textbook that predates SCO's work cleans code also. Finally, for those programs that remain unsure, it allows us to immediately start recoding those programs or finding alternatives, so that even before any decision [like my hypothetical lawsuit vs. Mary vs. Bill vs. John above] the code can be clean. In that way, no work is ever legally held to be derivative. Only former work is held to be derivative, which is a major difference, especially against Microsoft's / SCO's / Forbes' FUD.

      Just out of wondering, I wonder how to get a Sourceforge "code cleaning project" going. Could that be done?

      --
      Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
    15. Re:Even better, you can still download the code... by the+gnat · · Score: 5, Interesting

      it make SCO's claims seem a little less bizarre.

      No, it makes them seem a little more bizarre. SCO is still claiming that large chunks of original SysV code ended up in Linux, and that this predates IBM's involvement in the kernel. They have only recently amended their claims to cover technologies developed as add-ons to SysV but not originally part of it, which might be covered under some contract. Darl's bluster about the Linux community's indifference to IP rights has no real basis if the only violation were along the lines of IBM adding JFS or RCU to the kernel.

      I'd say this is actually the most bizarre claim made by SCO yet. I find it hard to believe that companies like IBM would have ever signed a contract that gave away so many potential pieces of IP, but this is almost more plausible than the idea that IBM would have allowed wholesale copying of original SysV code into Linux. I've heard of contracts this dumb, but IBM has produced many operating systems in the past fifty years and there's no reason for them to sign away their future for a not-particularly-advanced chunk of code like SysV.

      Regardless, SCO's credibility is pretty much gone due to the way they continually change their claims to be even more nonsensical.

    16. Re:Even better, you can still download the code... by valisk · · Score: 4, Informative

      Or maybe you could look here for a whole list of mirrors containing the v6, v7, 2.2BSD 4BSD etc releases and sources.
      All helpfully provided by the Unix Heritage Society

      --

      Economic Left/Right: -0.62
      Social Libertarian/Authoritarian: -3.69
    17. Re:Even better, you can still download the code... by mcgroarty · · Score: 1
      Yeah that's right, you can still download the code

      To get all the available material, clip out the slashdot-inserted space in "a ncient" and:

      wget -r -np "http://public.planetmirror.com/pub/ancient-unix/a ncient/?submit=ACCEPT"
    18. Re:Even better, you can still download the code... by PhxBlue · · Score: 1

      I'm not a lawyer, so I have to ask: is that legal? Can you claim copyright on someone else's derivative work? My gut tells me, "no," so the question then ought to be if Linux differs enough from System V to be considered a derivative work. I think, and hope, that the answer will be, "yes."

      --
      !#@%*)anks for hanging up the phone, dear.
    19. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      And, if you want to simply skip having to press the "Accept" button, simply use this link

    20. Re:Even better, you can still download the code... by maelstrom · · Score: 4, Informative

      A simple run through indent would mask code copying this way. As an undergrad our software engineering class had us write a cheat detector for C source code. Our code removed white space and comments and then tokenized the C code. It compared the tokenized versions across multiple lines. You could move functions around, change variable names, add white space and comments and our program could detect a similarity.

      Running a MD5 hash is quite frankly useless. Almost certainly the two kernel trees have different code styles. Linus uses an 8 space indent, which as far as I can tell is pretty rare. Any code that would have been inserted would have at least been ran through indent.

      --
      The more you know, the less you understand.
    21. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 1, Insightful

      It's good to know where the cut-off point is for this particular piece of evidence. But this ancient UNIX (V7 and before) could be the source of any duplicated code (assuming there is any significant duplicated code). IBM may have nothing to do with this.

      At any rate, anything found in V7 and before can no longer be called a trade secret.

      The History of Open Source and Why It's Important (December 1999)

      Microsoft employee considers using V7 (February 1999)

      Slashdot poster's reference to "free" UNIX source license (March 2000)

    22. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 1, Insightful

      You are wrong. SCO cannot claim anything to the Ancient UNIX code base because it was released with a BSD style license in 2001 by Caldera. SCO is suing about System V which is not considered "Ancient UNIX".

    23. Re:Even better, you can still download the code... by mcgroarty · · Score: 1

      You also want a "--domains=public.planetmirror.com" in there.

    24. Re:Even better, you can still download the code... by Ugmo · · Score: 2, Informative

      IANAB (I am not a biologist) but this sounds vaguely to me like the way the human genome was sequenced. They broke up the chromosomes into millions of short overlapping sequences, sequenced the pieces and then worked out how to put them together again. I know nothing about either process but maybe someone who knows more may make something of this connection (maybe use genome algorithms, DNA fingerprinting to check code fragments ???)

    25. Re:Even better, you can still download the code... by b1t+r0t · · Score: 1

      Are you sure that includes the source, or is it just the binary distribution?

      --

      --
      "Open source is good." - Steve Jobs
      "Open source is evil." - Microsoft
    26. Re:Even better, you can still download the code... by tetra103 · · Score: 5, Insightful

      Maybe it's just me, but it sounds like the death of System V UNIX. I believe the statement to be correct. Most all commercial Unix vendors branch from System V. Even Linux has a fair amount of roots tangled with System V. Just because most Unix OS's are dirived from System V doesn't make SCO's case any more legit though. That's just my opinion.

      Although I think SCO's lawsuit is nothing but FUD with the backing from Microsoft. In court who knows what will happen. O.J. got away clean and so did Microsoft. When it comes to the justice system, I have very little confidence that justice will be served. So maybe we do have something to fear.

      I don't know too much about what SCO is battling over, but I think the only safe Unix's out there are ones based off the BSD Lite tree. As far as I know, FreeBSD and NetBSD are totally free of System V source code right? So SCO couldn't even in their wildest dreams touch them with their sue happy plans could they? I'm not a *BSD advocate, but is this not true? I know BSD Lite wasn't a complete OS, but after the court battles in the early 90's with ATT and BSD, I'm under the impression that BSD did indeed purge ALL System V code from their tree. The kernel is totally free of ATT code as I understand it.

    27. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      Ok, that's great, but keep in mind that the license agreement you are posing from here was NOT THE FINAL AGREEMENT THAT CALDERA RELEASED ANCIENT UNIX WITH. In fact, they released Ancient UNIX under a BSD style license so that anyone could use it. Just like you quote here, it does not cover System V, which is what SCO is suing about right now.

    28. Re:Even better, you can still download the code... by intermodal · · Score: 4, Funny

      I'd say this is actually the most bizarre claim made by SCO yet.

      I wouldn't. I think the most bizarre claim is that SCO says IBM misappropriated trade secrets yet they have posted the code online freely accessible themselves.

      --
      In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    29. Re:Even better, you can still download the code... by ichimunki · · Score: 5, Interesting

      Why go to all that trouble? If SCO wants to claim infringement it is up to them to prove that a) there is duplicate code and b) that the flow of code was from SCO into Linux and not vice versa (or from some pre-existing code base into both SCO code and Linux). So far, they've been very reluctant to even say which pieces of Linux are infringing. They don't have to show anyone there own code base to do that. And if they aren't going to at least say which parts of Linux are in violation, I think the best thing to do (unless maybe you are part of the IBM legal defense team) is ignore them until they do.

      --
      I do not have a signature
    30. Re:Even better, you can still download the code... by ichimunki · · Score: 1

      Great. I've accidentally used "there" instead of "their" in my third sentence. Apparently reading all these online boards where no one can spell is making it harder for me to spell myself.

      --
      I do not have a signature
    31. Re:Even better, you can still download the code... by b1t+r0t · · Score: 1
      Never mind. I see now that they contain the source. So now I have a copy of all the code to go along with the genuine AT&T V7 manual I found at a thrift store a few years back.

      Wow, that stuff is small by today's standards! I should burn all of those versions onto a 3" CD and stick it in my V7 manual.

      --

      --
      "Open source is good." - Steve Jobs
      "Open source is evil." - Microsoft
    32. Re:Even better, you can still download the code... by nosferatu-man · · Score: 2, Interesting

      MD5 is goofy stupid for this kind of thing. You'd want to use gzip.

      'jfb

      --
      To spur "enterprise Linux," Big Bang, the distributed two-phase commit.
    33. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      Concerning the "trunk" thay claim to own. Iwsn't it tainted by BSD code still?
      And isn't AIX a derivative of the MACH kernel through BSD 4.3? How then is this a derivative work?
      As has been mentioned before, IBM could end the dispute easily by buying out SCO, but they haven't done so. Is it possible that IBM's lawyers are very overconfident, or do they know something that they are not telling anyone just yet.
      A reasonable person would think that if IBM was too any extent concerned about SCO having any type of case, they would take the one action that would solve the mess quickly, but they have not done so. I wonder why not?

      Glenn

    34. Re:Even better, you can still download the code... by Rogerborg · · Score: 1

      > Can you claim copyright on someone else's derivative work?

      No, but you can say that if they want to use your code to create a binary, the cost is that they cede their source copyright to you. Most "free" code - including GPL - is a honking misnomer. The only free code is one that starts by saying "(C) Bob. Bob says: you may use this for any purpose, in perpetuity."

      --
      If you were blocking sigs, you wouldn't have to read this.
    35. Re:Even better, you can still download the code... by rot26 · · Score: 1

      Can you claim copyright on someone else's derivative work? My gut tells me, "no,"

      I may be off-base here (likely) but I don't think this is about "copyright", per se, it's about distribution rights, which are covered under contract law, not copyright law.

      --



      To ensure perfect aim, shoot first and call whatever you hit the target
    36. Re:Even better, you can still download the code... by Curtman · · Score: 1

      I think The Unix Heritage Society may have this source organized a little better without a click through license. Here's a list of mirrors including ftp, web, and rsync mirrors.

    37. Re:Even better, you can still download the code... by Darby · · Score: 2, Funny

      Linus uses an 8 space indent, which as far as I can tell is pretty rare

      I'm surprised nobody has told him that you can adjust that in vi.
      Think I should post the info to LKML ;-)

    38. Re:Even better, you can still download the code... by Blue+Stone · · Score: 1

      I wander if it reely dos have an affect on your speeling?

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    39. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      >IBM develops a special memory locking scheme for AIX then shares it with linux, SCO still claims a violation even though they played no part in developing the code.

      hmmm what if....
      IBM develops a special memory locking scheme for Linux then shares it with AIX, Can SCO still claim a violation even though they played no part in developing the code? I doubt it :-)

    40. Re:Even better, you can still download the code... by YU+Nicks+NE+Way · · Score: 1

      Not in so many words, but you can put limits on their rights to use the code you made available to them. That's what the GPL does: if I look at the code and use it as a loose model to solve a different problem in a different convtext, then I am bound by GPL to release that new code under GPL if I ever distribute the resulting binary. I can retain copyright, but I must divulge my code.

    41. Re:Even better, you can still download the code... by belverus · · Score: 0

      I don't know too much about what SCO is battling over, but I think the only safe Unix's out there are ones based off the BSD Lite tree. As far as I know, FreeBSD and NetBSD are totally free of System V source code right?

      What about OSX?

    42. Re:Even better, you can still download the code... by Charles+Kerr · · Score: 1
      Now there's a volunteer project from Hell: help SCO find violations so that they can sue people.

      No, thanks.

    43. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      I'm not a lawyer, so I have to ask: is that legal? Can you claim copyright on someone else's derivative work? My gut tells me, "no," so the question then ought to be if Linux differs enough from System V to be considered a derivative work. I think, and hope, that the answer will be, "yes."

      If I recall correctly, that was the basis of CRC Press's lawsuit against Eric Weisstein's website "Math World". Eric had spent a long time developing that website and decided to publish a snapshot of it in book form. Later when Eric started working for Wolfram Research, CRC sued to have the Math World website suppressed because it was a derivative work of their intellectual property. All this despite the fact that the website existed first. In any case apparently under copyright law you can claim ownership over derivative works.

    44. Re:Even better, you can still download the code... by jedidiah · · Score: 1

      What part of the GPL implies this. This is contrary to just about everyone's understanding of the meaning of the GPL including Moglen and RMS.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    45. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      Your a rediculus looser, but I could care less.

      you americans always fuck this up - the expression is "i couldn't care less about it", meaning, you couldn't care less about it - it's the lowest of all the things you could possibly care about. "i could care less" means that you do care about it, which is not the intended meaning.

    46. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      Most all commercial Unix vendors...

      The word is "almost all" not "most all", you illerate.

    47. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      zip is going to give you access to the original source code

    48. Re:Even better, you can still download the code... by d_i_r_t_y · · Score: 5, Informative

      IAABAAP (i am a biologist and a programmer), and the 2 processes are not really similar. most higher organism genomes are chock full of very highly repetitive genetic filler/rubbish/crap, which makes the gene assembly *way* more difficult.

    49. Re:Even better, you can still download the code... by xenocide2 · · Score: 1

      Sadly, that 'ancient' UNIX really is ancient. SysV is not there, just V6,V7 and some other tangent versions. SysV came much later, so MD5'ing the code would probably not reveal anything interesting other than perhaps a collision in the hash.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    50. Re:Even better, you can still download the code... by blazerw11 · · Score: 2, Informative

      Running a MD5 hash is quite frankly useless.

      Stop arguing the point! The instructions for using MD5 to compare the source code were given yesterday as a way of determining the matching code without violating the NDA. The inquirer article.

      --
      A great many people think they are thinking when they are merely rearranging their prejudices. -- William James
    51. Re:Even better, you can still download the code... by lspd · · Score: 5, Interesting

      If you strip the whitespace before hashing it does turn up a few interesing things.

      Comparing the code from the PDP kernel in sys3.tar.gz and the Linux 2.4.21 kernel there is a good match between the mfree function in usr/src/uts/pdp11/os/malloc.c around line 69, and the atefree function in arch/ia64/sn/io/ate_utils.c around line 187. It certainly looks like the version in SYS3 was used to create the version in 2.4.21. Take a look at the comments in these files, they're almost identical.

      The copyright on the Linux version attributes this file to Silicon Graphics. Anyone want to grep for the same comments in a BSD kernel or provide a history of this file?

    52. Re:Even better, you can still download the code... by gidds · · Score: 1

      Okay, so you compress all whitespace sequences to a single space before computing the hash. Come on, grep solved this one years ago.

      --

      Ceterum censeo subscriptionem esse delendam.

    53. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0
      "i could care less" means that you do care about it, which is not the intended meaning.

      Unless you mean to be ironic. I know that ironic sarcasm is a lost art, but it is useful with an appropriate audience.

      Yes, this is offtopic and pedantic. I could care less.

      See the sarcasm?

      I guess a modern, less subtle form of this ironic construction includes the emphatic "Not!".

      Yes, this is offtopic and pedantic. I could care less. NOT!

    54. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      I feel your pain..but I am even more annoyed by people who post about their errors, like you.

    55. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      What!? How dare you look at the code rather than flapping your gums! Mod him down!

      (it is sorta funny that PDP11-specific code could be useful on IA64, however)

    56. Re:Even better, you can still download the code... by Drakonian · · Score: 3, Funny
      Wow. If their claim is true and enforceable those are pretty amazing rights.

      Actually, I have some bad news for you all. I have copyright and full dsitribution rights to the "Hello World" (c) program. If any of you have ever started off a project with "Hello World" (c), regardless of what your program eventually became, then I own the full rights to your program. And I'm gonna sue you all for a combined 1 gazillion dollars.

      --
      Random is the New Order.
    57. Re:Even better, you can still download the code... by lspd · · Score: 1

      That's what I though as well. If it's BSD code why is it stuffed into the ia64 section. I'll hold off on any snap judgement, but my confidence in the validity of IBM's position has dropped down a few notches.

    58. Re:Even better, you can still download the code... by SEWilco · · Score: 1

      Well, SCO at least can't claim "trade secret" about anything (including algorithms!) in "Ancient UNIX". The OpenSource.Org examination points out that SCO is not stating which protections have been violated: patent, copyright, trade secret...

    59. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      So where is the news about how Sun is exploiting this situation that SCO has created and is telling ppl to switch over to Solaris since AIX (in their words) is illegal and not under license. I guess /. won't post stories against Sun, but this is what's happening, go read news.com.

    60. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      Two words. That's called a phrase, fool.

    61. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      Just a little remark. There never was any piece of System V code in BSD. It was derived from Unix 7th Edition.

    62. Re:Even better, you can still download the code... by urulokion · · Score: 4, Informative
      I don't know too much about what SCO is battling over, but I think the only safe Unix's out there are ones based off the BSD Lite tree. As far as I know, FreeBSD and NetBSD are totally free of System V source code right? So SCO couldn't even in their wildest dreams touch them with their sue happy plans could they? I'm not a *BSD advocate, but is this not true? I know BSD Lite wasn't a complete OS, but after the court battles in the early 90's with ATT and BSD, I'm under the impression that BSD did indeed purge ALL System V code from their tree. The kernel is totally free of ATT code as I understand it.

      No that isn't quite right. Unix System Laboratories (USL) and Novell brough a suit against several parties including Univ. of Calif. Berkeley and Berkely System Design, Inc. over large portions of 4.4BSD. The lawsuit was for trademark violations, copyright infringement and disclosing trade secrets. (Sound familiar?)

      The case was settled after it was found that USL and Novell incorporated large swathes of BSD code going back to before 1985. This included code was in violation of the BSD license because the BSD copyrights and license attributions where removed. BSD threaten to countersue, and the judge indicationed that BSD was very likely to win.

      The settlement terms were sealed, but depending on who you ask, the settlement only affected 3 or 4 BSD files out of 16,000+ source files. That code base went to become 4.1BSD Lite. The common code base that today BSDs derive.

      According to Eric Raymond (from 6/10 TheLinxShow.com, 1:00:00 timemark), AT&T and Novell effectively lost propriatary claim to a large part of the System V code. The code that was common to the System VR4 and 4.1BSD releases. This is due to the 1993 lawsuit settlement. SCO is contrained by that settlement as well.

    63. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      According to Eric Raymond, AT&T and Novell effectively lost propriatary claim to a large part of the System V code.

      Keep in mind that once Novell figured out what was going on, they settled the case ASAP and got everything sealed. This was done specifically to keep their "proprietary claim" on System V untainted -- The judge never ruled on their ownership.

      Therefore, unless IBM can retry USL vs UC, this settlement doesn't do them much good. Not to mention IBM's been paying SCO royalties for many years, so it would be difficult for them to decide that all of a sudden System V was "open source".

    64. Re:Even better, you can still download the code... by nihilogos · · Score: 1

      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.

      And I like to think of it as a rhizome. It spreads from the initial root and puts down more roots. If the original root is pulled up or even poisened the rest of the plant still survives.

      I know, I have this vine called Madeira in my backyard.

      --
      :wq
    65. Re:Even better, you can still download the code... by mikeee · · Score: 1

      Er, but he just said this appears to have been put in by SGI (which would also have SysV source). But if it's in Sys3 it's probably BSD as well?

    66. Re:Even better, you can still download the code... by G3ckoG33k · · Score: 1

      Two things, how did you find the link to the LinuxToday article?! When I did a search on the talkbacks for "Bill Paxter", I did get no results.

      Also, I did not manage to find him anywhere on the internet using Google and his e-mail adress is not working and there is no longer (never was?) a site based on the name - www.phx.co.uk or anything else derived from Bill Paxter's e-mail bab@fa2.phx.co.uk.

      Please, inform us how you became aware of his predictions.

    67. Re:Even better, you can still download the code... by nosferatu-man · · Score: 1

      In this case, hashing isn't going to discover anything at all interesting, with or without regular expressions. You could tokenize the source and build a parse tree (big fun with C! *pukes*), or taking a page from the information theory folks, use gzip, and, picking an arbitrary threshold of similarity, visually inspect the suspect chunks.

      'jfb

      --
      To spur "enterprise Linux," Big Bang, the distributed two-phase commit.
    68. Re:Even better, you can still download the code... by lspd · · Score: 2, Interesting

      I downloaded a copy of the OpenBSD 2.7 kernel and I don't see it. I realize there are a variety of possible explanations and I'm not a kernel developer so I don't really understand the context of this code or its history, but on the surface it certainly doesn't look good.

    69. Re:Even better, you can still download the code... by gidds · · Score: 1
      ...visually inspect the suspect chunks.

      Wasn't the whole point of the hashing to avoid visual inspection, and so bypass the 'contamination' of people that SCO could claim?

      --

      Ceterum censeo subscriptionem esse delendam.

    70. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      Don't you mean sed? or awk?
      grep is a general regular expression parser, hence grep, for searching.

      sed can compress the whitespace and so can awk, but if there is a way to do it in grep, please let me know.

    71. Re:Even better, you can still download the code... by gidds · · Score: 1

      Erm... whoops, my fault; I was thinking of diff. How embarrassing. Anyway, that can internally strip whitespace before comparing lines; see the -w and -b options.

      --

      Ceterum censeo subscriptionem esse delendam.

    72. Re:Even better, you can still download the code... by Drakonian · · Score: 1

      I don't think that article covers things like different white space, change variable names, etc. It would be SUPER easy to fool the MD5 sum. How about changing something like this:

      for(i=0; i < x; i++) to
      for(i=0; i < x; i+=1)

      --
      Random is the New Order.
    73. Re:Even better, you can still download the code... by ichimunki · · Score: 1

      Isn't that supposed to be you're?

      --
      I do not have a signature
    74. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      Correct me if I'm wrong, but BSD forked off UNIX before there were any System n releases.

    75. Re:Even better, you can still download the code... by heli0 · · Score: 2, Informative

      http://www.theinquirer.net/?article=10061

      This is how you can do it.

      --
      Whenever the offence inspires less horror than the punishment, the rigour of penal law is obliged to give way...
    76. Re:Even better, you can still download the code... by YU+Nicks+NE+Way · · Score: 1

      Look at the traditional FSF claim that software using Bison as a parser is GPL. I'm merely parroting the standard argument offered there and reading its full implications.

      Realistically, I don't care if RMS and Eban Moglin don't "mean" that with GPL. An agreement means what a malevolent third party wants it to mean, not what a benevolent author wants it to mean. Just because FSF says "Oh, we'd never read the agreement to mean that" doesn't mean that a third party lawyer wouldn't. When you're interpreting a contract, don't ask yourself what Richard Stallman would read into it -- ask yourself what Darl McBride would read into it.

    77. Re:Even better, you can still download the code... by El · · Score: 1

      A simple run of all files through one of the myriad C-beautifiers (prettyprinters) before doing the MD5 checksums would render indentation differences irrelevant. However, I still think they need to checksum every line, not every 5 lines.

      --

      "Freedom means freedom for everybody" -- Dick Cheney

    78. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      You forgot to mention that someone that can't properly spell "illiterate", doesn't really have any business critiquing others.

    79. Re:Even better, you can still download the code... by portnoy · · Score: 1
      However, I still think they need to checksum every line, not every 5 lines.
      Way too many false positives. If both sources have a line like:

      i++;

      (and they will), you're going to get a match. Checksuming a block of code eliminates stupid false positives. 5 might be too large, but 1 is definitely too small.
    80. Re:Even better, you can still download the code... by Jayjay75 · · Score: 1

      >Isn't that supposed to be you're?

      No, apo'strophe's only go in front of e's'se's.

    81. Re:Even better, you can still download the code... by pyrrho · · Score: 1

      make that a million billion gazillion!

      --

      -pyrrho

    82. Re:Even better, you can still download the code... by rootofevil · · Score: 1

      i thought that SCO was claming there were ~15 lines of code copied _verbatim_ from their source. wouldnt that make the hash work?

      --
      turn up the jukebox and tell me a lie
    83. Re:Even better, you can still download the code... by urulokion · · Score: 1
      That is why Eric said "effectively" lost propietary claim to the code. And I totally agree with him.

      If SCO accuses anyone of copyright infrigement concerning System V code, their claims on the included BSD code in is very weak. The accused can claim that the alledged infringing code came from 4.1BSD Lite.

      I think if the legal situation warrents it, the USL vs UC case will be unsealed. Maybe not unsealed to the public, but definately unsealed to the litigants. Why retry a case?

      And not all of System V would be affected (open sourced), only the code that was in common to both System V and BSD.

    84. Re:Even better, you can still download the code... by lspd · · Score: 2, Informative

      After going even further back, this code appears at least as early as Unix Release 5 with a Copyright of 1973 by Bell Telephone Inc. The comments appear later, but the code is basicly the same. I assume it was in BSD at some point, but why does the Linux version claim that Silicon Graphics owns the copyright?

    85. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      How about changing something like this:

      Because we don't care about something like that. SCO is claiming that large portions were copied verbatim. Trim the whitespace (maybe even comments) and do the MD5 trick then. It will find out whether they're talking out their arses or not, and give us a starting point in the code if there really do seem to be any violations.

    86. Re:Even better, you can still download the code... by defender · · Score: 1

      How about looking a bit closer ? Now where do I know '/pub' from... ftp://public.planetmirror.com/pub/ancient-unix/ is a much nicer way to download ;)

    87. Re:Even better, you can still download the code... by Dahan · · Score: 2, Informative
      That code base went to become 4.1BSD Lite.

      Actually, that's 4.4BSD Lite, released in 1994... there was no 4.1BSD Lite, and 4.1BSD is from 1981, long predating the 1992 USL vs. BSDI lawsuit.

      This is due to the 1993 lawsuit settlement. SCO is contrained by that settlement as well.

      The lawsuit was settled on February 4, 1994. Check the announcement.

      P.S. The BSD Family Tree.

    88. Re:Even better, you can still download the code... by andrewski · · Score: 1

      I get wary when someone describes DNA as 'crap.' A better way of saying this would be "We haven't figured out what this portion does, but when we do, you can be damn sure it will be patented."

    89. Re:Even better, you can still download the code... by baxissimo · · Score: 1

      IAOAP (i am only a programmer) but "highly repetitive filler/rubbish/crap sounds" sounds like a pretty good description of a lot of C code I've seen. Especially that written by higher organisms such as math and engineering Ph.D.'s.

    90. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0
      That's what I though as well. If it's BSD code why is it stuffed into the ia64 section. I'll hold off on any snap judgement, but my confidence in the validity of IBM's position has dropped down a few notches.

      Wow, you don't think SCO could actually have a valid case and isn't just totally fucking insane afterall do you? That could be quite a hit to the computing industry. We have tons of shit that runs Linux between dedicated hardware appliances with Linux kernels and general purpose Linux computing systems. I guess it was only a matter of time before someone called foul and the open source movement was destroyed. Ironically the Linux was closed source like Microsoft's Windows operating system this would have never been a problem. So, if you don't want headaches, use Windows apparently.

    91. Re:Even better, you can still download the code... by urulokion · · Score: 1
      Actually, that's 4.4BSD Lite,

      Must have been fat finger syndrome the first time and I continued it from there.

      The lawsuit was settled on February 4, 1994.

      I thought for sure the case settlement was in '93. I guess I was remembering the judge's ruling instead of the settlement.

    92. Re:Even better, you can still download the code... by Harry8 · · Score: 1

      Patent the Human Genome?
      Prior Art to God/Allah/Buddah/Krishna/(apologies for the remaining omissions)
      So, say I want to splice some genes with a member of the opposite sex, in a maritial bed, like folk have been doing since the first amoeba spotted another and thought, "Hey! You're one of my kind, what's say we head back to my petri and listen to some Isaac Hayes tunes..." Then I gotta pay some corporate royalties for that?
      Anyone get the feeling we're about to have a court rule that Pi is equal to 3?
      Patent the Genome. That has to be the silliest thing I have heard and taken seriously. (Huge fscking statement that one!)
      (Please not, incredulity reserved for the courts not for 'andrewski' who I am sure is just reporting the news.

    93. Re:Even better, you can still download the code... by shibashaba · · Score: 1

      I found the code in 4.2BSD in the file pstat.c, starting on line 912. Most of the mfree function looks very similiar between both, with just some of the variables being a little different. ftp://ftp.tribug.org/pub/tuhs/4BSD/Distributions/4 .2BSD

      --
      ---------- Open Source is capitalism applied to IP.
    94. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      Amazing how talkative people can be when they don't know what the hell they're talking about. BSD never had any System V code in the first place aside from what they shared from the original AT&T research unix, i.e. ancient Unix. On the contrary, System V took huge gobs of code from BSD.

    95. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      And in fact, it is still posted on their FTP servers: ftp://ftp.sco.com/pub/updates/OpenLinux/3.1.1/Serv er/CSSA-2003-020.0/SRPMS

    96. Re:Even better, you can still download the code... by Eminor · · Score: 1

      IF the Check sum isn't as long as the content it is checking, then it is possible that you can have two peices of content that have the same check sum. This due to the pigeon hole principle

      http://mizar.uwb.edu.pl/JFM/Vol2/finseq_4.html

    97. Re:Even better, you can still download the code... by tfckonichiwa · · Score: 1

      It sounded more like the lawsuit is about derivative code, not exact duplicates of SCO code. When Darl says that they have found hundreds of thousands of lines of "their" code, I think he means derivative code that SCO considers to be theirs.

      You might find some of the code with this method, but not if they are talking primarily (or even solely) about derivative code.

      You'd be better of with a source copy of AIX and look for similarities there.

    98. Re:Even better, you can still download the code... by ssimpson · · Score: 1
      Stop arguing the point! The instructions for using MD5 to compare the source code were given yesterday as a way of determining the matching code without violating the NDA. The inquirer article.

      The point is: the instructions on Inquirer are flawed - they don't take into account the inevitable changes in white space or trivial function/variable name changes.

      If you'd have bothered to read his post, you'd have seen that he presents a solution too: tokenise all of the variables, remove white space etc and then do the block by block MD5 compare.


      --
      "Mary had a crypto key, she kept it in escrow, and everything that Mary said, the Feds were sure to know."
    99. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      how about a maximum contiguous similiar segement algorithm, doesn't seem like it is that hard to write... I think the problem here is not writing a good code piece for this and adding fuel to the fire...

    100. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      "O.J. got away clean and so did Microsoft."

      Bet on the side that is willing to commit the largest amount of resources to the battle. In this case winter book has IBM as an overwhelming favorite and SCO as a dark horse in a claimer.

    101. Re:Even better, you can still download the code... by Ben+Hutchings · · Score: 1

      That should be "BSD Family Bush".

    102. Re:Even better, you can still download the code... by tetra103 · · Score: 1
      No that isn't quite right. Unix System Laboratories (USL) and Novell brough a suit against several parties including Univ. of Calif. Berkeley and Berkely System Design, Inc. over large portions of 4.4BSD. The lawsuit was for trademark violations, copyright infringement and disclosing trade secrets. (Sound familiar?) The case was settled after it was found that USL and Novell incorporated large swathes of BSD code going back to before 1985. This included code was in violation of the BSD license because the BSD copyrights and license attributions where removed. BSD threaten to countersue, and the judge indicationed that BSD was very likely to win. The settlement terms were sealed, but depending on who you ask, the settlement only affected 3 or 4 BSD files out of 16,000+ source files. That code base went to become 4.1BSD Lite. The common code base that today BSDs derive. According to Eric Raymond (from 6/10 TheLinxShow.com, 1:00:00 timemark), AT&T and Novell effectively lost propriatary claim to a large part of the System V code. The code that was common to the System VR4 and 4.1BSD releases. This is due to the 1993 lawsuit settlement. SCO is contrained by that settlement as well.

      Semi informative, but based on an artical I just read at osnews.com, not entirely accurate. Here's an excerpt:

      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.

      I'm not a guru on the subject matter, but in layman terms, as I understand it, *BSD doesn't have any System V code in it. The legal dispute in the early 90s did have something to do with trademark issues and the outcome was something like you can't reference BSD OS's as BSD UNIX or something like that. I'm sure there was more involved with the tradmark issues, but this was my layman understanding. BSD just can't use the name Unix.

      In regards to the ATT code fragments, the only ATT code that made it into BSD was pre System III and System V. And maybe it was the case that some BSD code did filter into System V, that I don't know. I just assume that BSD code has pretty much found it's way into every OS on the market. Maybe they haven't gotten credit for everything, but I assume anything to do with a TCP/IP stack was derived directly or indirectly from BSD. Probably a gross assumption, but again, I'm not an expert on the subject matter. Now, in the case of the ATT code that did make it into BSD, there probably was a "don't sue me, and I'll stop sueing you" agreement. System V may have some BSD code, but as far as I know, BSD doesn't have any System V code. The code that did make it into BSD was released under a BSD style license from Novel, and I assume that was part of the settlement.

      Your reference may indeed have some facts, but I encourage you to read the osnews interview I mentioned. Or not...With so much misinformation on the net, it's hard to know what the complete story is on anything. In regards to BSD history tho, I found the above reference to be very informative. I would not *fully* trust an editorial from any publication.

      One thing that was interesting about that interview was they (the FreeBSD core members) had the same uneasy feeling about what SCO might try next. Althought they seem quite confident that there's no illegit code in *BSD, and they seem to have the history to prove it, they too feel SCO just might try anything. They also make the comment that they hig

    103. Re:Even better, you can still download the code... by Rogerborg · · Score: 1

      Yoo peeple ar dummer than skwirruls. Reely.

      --
      If you were blocking sigs, you wouldn't have to read this.
    104. Re:Even better, you can still download the code... by MrResistor · · Score: 1

      Why go to all that trouble? If SCO wants to claim infringement it is up to them to prove that a) there is duplicate code and b) that the flow of code was from SCO into Linux and not vice versa (or from some pre-existing code base into both SCO code and Linux).

      Because this is a civil matter, which means SCO doesn't have the burden of proving it beyond a reasonable doubt, preponderance of evidence may be enough. Regardless, it is still on us to counter whatever "proof" they might offer. If they offer up "proof" that is fraudulent, and it goes uncontested, it will still stand as "proof" in a court of law.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    105. Re:Even better, you can still download the code... by jedidiah · · Score: 1

      Any code generator is likely to insert significant portions of the authors own code into the resulting product. This makes it quite distinct from something like gcc or a word processor.

      You should be more worried about Microsoft Visual Studio.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    106. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      You mean, like the responsible business decision that gave MS the rights to DOS?

    107. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      Fortunately, I coded all of my programs as "Beunos Diaz Mundo"

    108. Re:Even better, you can still download the code... by richie2000 · · Score: 1
      --
      Money for nothing, pix for free
    109. Re:Even better, you can still download the code... by andrewski · · Score: 1

      Yes, I don't like it any more than you do. It has been possible to patent an organism for many years here in the US.

    110. Re:Even better, you can still download the code... by Harry8 · · Score: 1
      What are the chances that this will be ignored elsewhere in the world. Then perhaps challenged in the semi-serious world courtrooms. The US ambassador to the UN would look very silly trying to justify that according to some US law (hence should be globally) some US corporation owns your genetic squence. I'm imagining the response if the patents belonged to Japanese, German or latterly, say Lybian, Israeli or Ukranian corporations. I just can't imagine the US supporing such a preprosterous stance if that were the case But then I would have thought a priori that the US wouldn't support that nonsense ever...

      In other news, I now have the 'global patents' on the carbon & oxygen atoms, please forward your cheques...

    111. Re:Even better, you can still download the code... by Anonymous Coward · · Score: 0

      One of the strong points of closed-source software is that it's usually pretty clear which part is to be shared and which isn't.

      I'm not familiar with code generated by Microsoft Visual Studio per se, but it's easy to check the copyrights. Most source code distributed by commercial software development houses is licensed very liberally (e.g. public domain or close to it). They don't ship code to the stuff they don't want you to copy.

      With a few exceptions, perhaps including SCO/Caldera, commercial software houses aren't really into the whole license-and-ensnare scheme that's at the core of the GPL. They want you to buy their software, and the free code is a bonus they'll throw in to sweeten it; not bait with which they intend to trap you.

  14. Uphil Battle by Foofoobar · · Score: 2, Insightful

    Well IMHO...

    SCO is going to have a harder time making a case because the Linux community is EXTREMELY tech savvy and we are past the beginning of the information age. Most people absorb info pertaining to topics of interest on a daily basis and geeks even more so.

    Should the GPL or Linux be in danger, you have a couple million experts out there waiting to testify or share evidence AGAINST SCO. Though the may be litigious geniuses, they are fighting an uphill battle.

    --
    This is my sig. There are many like it but this one is mine.
    1. Re:Uphil Battle by ldspartan · · Score: 2, Insightful

      They don't have to convince the Linux community, they have to convince 12 jurors and a judge. (And appeals courts, but who's counting.)

      Oh, and you'd be surprised at the barrier of entry for being an expert witness.

      I really don't think the community will be of any use in this case.

    2. Re:Uphil Battle by dnoyeb · · Score: 1

      Not quite how it worked out in the microsoft case, and geeks had >= hatred.

    3. Re:Uphil Battle by Foofoobar · · Score: 1

      Well my point was more that the information gathering skills of the community at large can be put to good use.

      --
      This is my sig. There are many like it but this one is mine.
  15. SCO disicriminates against handicapped unix users! by Anonymous Coward · · Score: 0

    I mean, come on, who's the genius that thought up [CTRL][ALT]{TROLL] to login in the first place?!!!

  16. LinuxToday link (seems slow .. here's the text) by Anonymous Coward · · Score: 0

    Bill Baxter - Subject: Not Open Source, I'm afraid. ( Feb 23, 2000, 00:01:50 )

    Note that these releases are not open source. SCO retain rights to the source code. Maybe they even hope that some of their code will wind up in linux, so that they can then sue, and render the Linux license terms invalid. Or would they be that spiteful? My guess == yes.

  17. Low-hanging fruit gone? by IceAgeComing · · Score: 3, Interesting

    There once was a time when anyone wanting to get rich quick could join the Bureau of Indian Affairs or start a railroad. I guess those times are gone and stepping on toes is becoming the order of the day.

    I'm trying to remain positive and think that this is part of an evolution toward revolution. Maybe someday we as a society can shame these people away.

    1. Re:Low-hanging fruit gone? by Anonymous Coward · · Score: 0
      There once was a time when anyone wanting to get rich quick could join the Bureau of Indian Affairs or start a railroad. I guess those times are gone and stepping on toes is becoming the order of the day.

      And when SCO was Caldera and stepping on Microsoft's toes we all thought it was pretty funny didn't we?

    2. Re:Low-hanging fruit gone? by jedidiah · · Score: 1

      That case involved a very well known injustice. The facts of the matter public knowledge and not disputed by anoyone, not even Microsoft shills.

      You're a moron if you try to compare that to the current SCO case. All SCO has so far are wild claims and a complete unwillingess to release any meaningful evidence.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  18. Fairness is what is going to get linux killed by peripatetic_bum · · Score: 5, Insightful

    These guys in Utah are no dummies. The crunchies in the Linux community should be paying more attention.

    I know which side I'm on, and I know everyone is pretty sure they know what side they are on, but I cant help getting the feeling that Linux side is relying way to much on the Fair principle and forgetting that it is quite difference from Justice in the legal systems.

    What I am trying to say is that
    Justice does not equal Fairness.
    Ie It may not be Fair what SCO is trying to pull, but the legal courts are also concerned with what is Just and in this we are talking money and if the legal courts are about anything, they are about money. Making sure there are legal grounds to protect property (money).

    Thus, What I see is the linux community simply yelling ,"That's not Fair!" while SCO continues to pound away. How many of us had the "Life-isnt-always-Fair" revelation?

    Is the Linux community about to get the same?

    --

    Sigs are dangerous coy things

    1. Re:Fairness is what is going to get linux killed by JaredOfEuropa · · Score: 5, Insightful

      "Thus, What I see is the linux community simply yelling ,"That's not Fair!" while SCO continues to pound away."

      It's not just the Linux people yelling it, but Big Bad IBM as well! SCO may be in for a serious pounding themselves.

      The burden of proof is on SCO here, and I cannot imagine that they'll be allowed to block use of Linux because of a copyright infringement, without disclosing the offending code portions to Linux developers so they can replace/remove them. That would be like them sueing you for using patented and unlicenced building materials in the construction of your house, and demanding that you vacate the place and tear it down, rather than pointing out the offending bits, because that would be contrary to their trade secrets. No court would stand for that, especially if the material has been publicly published previously (without granting a license, mind), as has happened with the SCO code.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    2. Re:Fairness is what is going to get linux killed by ksheff · · Score: 2, Insightful

      Sorry, this isn't about the linux community and what's 'fair'. It's about sleazeballs trying to extort $3billion from IBM. Big Blue is going to do it's best to make sure that doesn't happen. Besides, people aren't just whining that it's not fair. They are also showing where SCO is wrong on just about all their claims.

      --
      the good ground has been paved over by suicidal maniacs
    3. Re:Fairness is what is going to get linux killed by Seahawk · · Score: 2, Informative

      I know which side I'm on, and I know everyone is pretty sure they know what side they are on, but I cant help getting the feeling that Linux side is relying way to much on the Fair principle and forgetting that it is quite difference from Justice in the legal systems.

      I have no idea exactly how the american justice system works, but it sounds like its not fair!

      Where I live(In denmark), I cant remember a single case where I thought the decision was definately unfair - usually they get it right!

      So I really only see this SCO problem as an american problem - if needs be, I'm sure linux will continue outside US as GPL'ed software!

      If there are any offending code in linux, a danish judge would most likely say that Linus didnt have a chance to know that it was copyrighted code, and order the infringing code to be removed imidiately - but we all know thats pretty unlikely to pose a problem!

      And this would imho be a fair verdict!

    4. Re:Fairness is what is going to get linux killed by TheZax · · Score: 1

      What I am trying to say is that
      Justice does not equal Fairness


      Uhh, actually it does. From dictionary.com:

      jusÂtice n.
      1. The quality of being just; fairness.


      So, I think justice does mean fairness ;-)

      Thus, What I see is the linux community simply yelling ,"That's not Fair!"

      I'm hearing "Bullshit!" from the Linux community, not "That's not Fair!". And speaking of fair and just, corporations should not be exempt of requiring to be fair or just, just because there's more money in being rat bastards. SCO has clearly crossed the line, and deserves to be out of business.

      --

      JWall: GUI client for IPTables
    5. Re:Fairness is what is going to get linux killed by Fnkmaster · · Score: 3, Interesting
      "The Linux side"... oh, you must mean this Linux side. Yes, I'm sure their lawyers are sitting back and saying "well, we don't really need to sweat this case, because we're in the right, and we know that always leads to victory." Heh. You do realize that "SCO vs. Linux" may be going on in the court of public opinion, but in the justice system, it's "SCO vs. IBM", right?


      The problem is this is a lawsuit between SCO and IBM. The Linux community may have an opinion on that suit, but a community can't really bring a suit for somebody verbally defecating on their common favorite product - this isn't Germany, and we don't have strong laws in the US against verbal diarrhea (note that there are now injunctions against SCO in Germany for some of their behavior in this conflict - because the Linux community there DID do something about it). The Linux community can't do much except chest pound since SCO hasn't done much except chest pound, unless a specific commercial organization (like Redhat for example) decides to sue SCO for interfering with their business relationships, defamation, libel, or something else. If I was the CEO of Redhat, I think you'd see that I have a rather big swinging dick, and I'd get my lawyers on these fucks in no time. Of course, IBM still has a hell of a lot more money to litigate this and it makes some sense to let SCO continue to attack those who can well afford an excellent defense (and counter-offense) until SCO moves to actually do anything except blabber their mouth at anybody else.

    6. Re:Fairness is what is going to get linux killed by peripatetic_bum · · Score: 1
      Uhh actually it doesn't.

      The legal systems main preoccupation is with property. Justice originally was about the proper distribution of property and its protection. Only latter when non-property owners had access to the courts did the notion of fairness come about.

      And speaking of fair and just, corporations should not be exempt of requiring to be fair or just, just because there's more money in being rat bastards


      You've jsut given me a perfect example of what I am talking about. The Courts DONT GIVE A FSCK if they are being Rat bastards! They care about property rights.

      Also the "That's Bullshit" arguments is the "That's Not Fair!" cry.

      Again, thanks for your reply
      --

      Sigs are dangerous coy things

    7. Re:Fairness is what is going to get linux killed by Anonymous Coward · · Score: 0

      Crunchies, eh? You mean like IBM, RH, Mandrake...oh, wait, those are COMPANIES with LAWYERS.

    8. Re:Fairness is what is going to get linux killed by brkello · · Score: 1

      What I see is the linux community simply yelling ,"That's not Fair!"

      I don't see that at all. I see the community yelling things more like "You are making rediculous claims" or "That doesn't make sense, that was in the public domain years ago". This isn't Microsoft buying up a competitor so that it can strengthen its hold over another sector of computing, this is a company suing others when it really can't back up its claims. If they win, they will win because they confuse people enough, because it is a difficult thing for non-technical people to understand. The "Just" and fair and right thing would be for them to lose.

      --
      Support a great indie game: http://www.abaddon360.com
    9. Re:Fairness is what is going to get linux killed by Anonymous Coward · · Score: 0

      ...I cannot imagine that they'll be allowed to block use of Linux because of a copyright infringement, without disclosing the offending code portions to Linux developers so they can replace/remove them.

      Something similar seems to have worked for the State of Pennsylvania...

    10. Re:Fairness is what is going to get linux killed by Amomynos+Coward · · Score: 1

      Hey justice is so close to being just ice, after a while it's gone.

    11. Re:Fairness is what is going to get linux killed by Daniel+Phillips · · Score: 2, Informative

      What I am trying to say is that
      Justice does not equal Fairness.
      Ie It may not be Fair what SCO is trying to pull, but the legal courts are also concerned with what is Just and in this we are talking money and if the legal courts are about anything, they are about money. Making sure there are legal grounds to protect property (money).


      Justice is supposed to be fair, but in the U.S., it is not. Sad to say, but the American legal system, once the best in the world, has become hopelessly corrupt. This is why I choose to live elsewhere.

      Now, if you are an American, please note: when one has a serious problem such as alcoholism or corruption of one's legal system, the first step in curing it is to stop denying that, which is plainly obvious to everybody but oneself.

      --
      Have you got your LWN subscription yet?
    12. Re:Fairness is what is going to get linux killed by peripatetic_bum · · Score: 1
      Justice is supposed to be fair,


      Actually, Im glad that Justice is not about fairness. The last thing I want is to be ruled by laws via the "that's not fair" principle. I would not like to hand over my entire paycheck to someone else, becuase its not fair that I can work hard, earn money and someone else can't.
      --

      Sigs are dangerous coy things

    13. Re:Fairness is what is going to get linux killed by martyros · · Score: 1
      What I am trying to say is that Justice does not equal Fairness. ...the legal courts are also concerned with what is Just
      Oh, it's worse than that: the courts aren't concerned with what's just but with what's legal. It's the legislature's job to write laws that are just; it's your job (or your lawyer's job) to write contracts that don't let you get shafted.

      I had a friend whose father worked for over 10 years at the business owned by her grandfather, thought he was the owner, and working to "pay off" his brothers and sisters (who inherited it jointly). But the lawyer who wrote up the contract for the "trust" was a naive fool, and just before they were about to make one of the last payments, one of the sisters pulled some legal crap and got the whole thing taken away from them. She said the hundreds of thousands of dollars in payments he'd made were just "loans" that she wasn't going to pay them back.

      Did the courts care that he'd slaved for over 10 years, working 60- and 80-hour weeks for this company? No -- they only cared that the "trust" his father had set up allowed him to get nothing.

      It's just like a computer. It doesn't care what you want it to do -- it cares what the code says to do. If some blackhat find a buffer overflow in your code that allows him to break in and 0wnz0r you, it will dutifully let them do it -- unless it violates some higher policy implementation, like StackGuard.

      Similarly, if the law written by the legislature, or a contract you sign, has a "bug" in it that allows someone to screw you over, the courts will dutifully let them do it -- unless there's some higher law like the constitution or contract-fairness laws that can override it.

      Even then, the judge isn't going to look for those defenses for you -- it's up to your lawyer, again, and you only get one real shot at a defense (an appeal is very limited in what it can argue about). So you'd better make it good.

      Justice is about what's right and fair -- it's an external thing like mathematics; and the laws of the land are supposed to do their best to approximate that justice. But the courts aren't about what's just: they're about interpereting the laws, for good or for ill, to determine how well they approximate justice. Not just? Go fix it in the legislature. That's the way our system works.

      --

      TCP: Why the Internet is full of SYN.

    14. Re:Fairness is what is going to get linux killed by jedidiah · · Score: 1

      Quite so.

      Linux is just the sideshow. The real fight is over AIX.

      Conservative weenies like Forbes should be concentrating on this part of the case and the implication of SCO's claims rather than slandering certain parts of the tech community.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    15. Re:Fairness is what is going to get linux killed by Anonymous Coward · · Score: 0
      chown -R us ~your/*base*

      find ~your -iname '*base*' -print0 | xargs -0 chown us

    16. Re:Fairness is what is going to get linux killed by budgenator · · Score: 1

      If memory serves me correctly, Alan Cox is/or was both the 2.4 series Kernel Maintainer, owner of big chunks of Linux Kernel and an employee of Red Hat so probably Red Hat own some good sized chunks of Linux code as well.

      If SCO has been knowningly distributing non-GPLed code mixed with GPLed code in their Linux distro then they are infringing on the copyright of both COX, Red Hat and half of the OSS developers in the known universe. So Red Hat might want to sue somebody quick while there is something left!

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    17. Re:Fairness is what is going to get linux killed by j_w_d · · Score: 1

      It's just like a computer. It doesn't care what you want it to do -- it cares what the code says to do. If some blackhat find a buffer overflow in your code that allows him to break in and 0wnz0r you, it will dutifully let them do it -- unless it violates some higher policy implementation, like StackGuard.

      Computers at their silcon cores are rational. The alw is fairly clear much of the time, but because it is a human language, the lawyer's practice is one of convincing a judge (who may be thinking about golf next weekend, or the doctor's annoucement that his ulcer is worse, or that he has prostate cancer) or a bored jury (whose minds were careful selected for properties that only the lawyers understand) that the legal code means what his client wants it to mean. Legislatures can't fix it. The only real solution is to cull them periodically.

      --
      ------ The only greater hazard to your liberty than n politicians is n+1 politicians.
    18. Re:Fairness is what is going to get linux killed by geekee · · Score: 1

      "but I cant help getting the feeling that Linux side is relying way to much on the Fair principle and forgetting that it is quite difference from Justice in the legal systems."

      What's fair about stealing source code and breaking contracts? It sounds like your definition of fair is something that doesn't affect you adversely. If SCO's accusations are correct, they should win, since it would be both fair and just.

      --
      Vote for Pedro
  19. God, not again by siskbc · · Score: 3, Insightful

    Let's not, eh? A weak test isn't a test. And I don't really think IBM gives that much of a shit about the GPL compared to beating the shit out of SCO. Also, as mentioned ad nauseam on here, allowing SCO to even make the braindead contention that the GPL screwed their IP could be nothing but bad for Linux in general. Look, if SCO's CEO says the GPL screwed them, other companies' CEO's might listen and prevent their CIO's from implementing linux. We'd just as soon avoid that, I expect.

    --

    -Looking for a job as a materials chemist or multivariat

  20. Trolltech [QT Makers] is owned by those guys? by dexterace · · Score: 3, Interesting

    If you take a look on their homepage, you can spot TrollTech's Logo! What are the interests of these people in TrollTech and QT?

    1. Re:Trolltech [QT Makers] is owned by those guys? by Rosco+P.+Coltrane · · Score: 1

      hmm ... they fund them ? :-)

      --
      "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    2. Re:Trolltech [QT Makers] is owned by those guys? by MonkeyBoyUk · · Score: 2, Informative
      Looking at Trolltech's site and using their search facility you can find references to SCO as a supported platform of QT, nothing too scary.

      For example: TMake 1.3 Release Notes

    3. Re:Trolltech [QT Makers] is owned by those guys? by broeman · · Score: 0

      I didn't find anything on Trolltech's homepage, but their portfolio could show ownership of shares, not full ownership of companies. Maybe they own 10%?

      --

      (yes this can be compared with sex)
    4. Re:Trolltech [QT Makers] is owned by those guys? by NickStNick · · Score: 4, Informative
      The (evil) Canopy Group owns a whopping 5.8% of Trolltech.

      See breakdown at TrollTech investors

      So - yes, Virginia, they have an interest in Trolltech, and no, it's not a controlling intrest. Though maybe they could sue their way to the top?

    5. Re:Trolltech [QT Makers] is owned by those guys? by goatbar · · Score: 1

      Not only Qt, but a Linux company too...

    6. Re:Trolltech [QT Makers] is owned by those guys? by jobsagoodun · · Score: 1

      According to Trolltech, canopy has a 5.8% stake through the heart, sorry, don't know what came over me...

    7. Re:Trolltech [QT Makers] is owned by those guys? by Reziac · · Score: 1

      From the Forbes article:
      *********
      Canopy companies sometimes share more than a common parent. They form joint ventures and buy and sell one another's stock. Last November SCO formed a joint venture called Volution with Center 7, a Canopy company. In 2000, Caldera sold off part of its business to EBIZ Enterprises (otc: EBIZQ - news - people ), a Texas company in which Canopy holds a controlling interest and whose board boasts three Canopy execs, including Mott, according to SEC filings. Previously, Caldera bought shares in two other Canopy companies, Troll Tech and Lineo, and later wrote off the Troll Tech
      investment but sold the Lineo shares at a profit, according to SEC filings. In 1999, Caldera sold its own shares to MTI, then bought those shares back last year, according to SEC filings.
      *******

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    8. Re:Trolltech [QT Makers] is owned by those guys? by lysium · · Score: 1
      So if KDE/Qt were to swamp GNOME for the Linux desktop, would Canopy be able to swoop in, take a controlling interest in Trolltech, and then shake down Linux users?

      Just a cheerful supposition.

      ----------

      --
      Together, we will drive the rats from the tundra.
    9. Re:Trolltech [QT Makers] is owned by those guys? by RdsArts · · Score: 1

      No, they can not.

      The current QT is released as a GPL software if it is used in GPL software. As such, it can not be revoked from being a GPL peice of software, regardless of what anyone does.

      Future versions of QT may be made propriatry-only, but if that happened all that would be required is another GPL QT project to continue with a modern QT-lib.

    10. Re:Trolltech [QT Makers] is owned by those guys? by Anonymous Coward · · Score: 0

      Looks like the guide to beginning boycotting Canopy Groups efforts across the board. I'm not a McDonalds patron, but I'll make a great effort to avoid any product, service or technology associated with this group of individuals.

    11. Re:Trolltech [QT Makers] is owned by those guys? by Anonymous Coward · · Score: 0

      Fool, that 5.8% is in preferred shares. This means that it gives them more rights and control than owners of regular common shares, which are the types of shares owned by the other shareholders. This means that Canopy does, in fact, have the ability to control Trolltech. Please look into stock ownership rules before making assumptions that Canopy isn't running TrollTech.

      If you've ever looked at TrollTech's usurious license fees, you'd see the hand of Canopy's business practices at work.

  21. Do the Right Thing? by biddlej · · Score: 1

    It would also be nice if we could get someone with a boom box pumping out "the Free Software song."

    If I were them, I'd stay away from Sal's Pizzeria with that boom box.

  22. Joining the protest? by lynx_user_abroad · · Score: 5, Informative
    From the protest link:

    To close, let me re-iterate that this needs to stay legal:

    1) Go onto their property
    2) Talk to ANY customers entering and leaving the premesis
    3) Disturb normal business activities
    4) Block traffic or people on the sidewalk

    Perhaps there was meant to be a NOT in there somewhere?

    --

    The thing about things we don't know is we often don't know we don't know them.

    1. Re:Joining the protest? by Anonymous Coward · · Score: 2, Informative

      Those lines were copied from another email in the thread. It said "Not" before. :-)

    2. Re:Joining the protest? by Anonymous Coward · · Score: 1, Funny
      Perhaps there was meant to be a NOT in there somewhere?

      Yeah, #5 for SCO's business plan :
      5) NOT Profit.

    3. Re:Joining the protest? by soren.harward · · Score: 4, Informative

      Yes, negate those. It was late at night during finals week, and I made a careless cut and paste.

    4. Re:Joining the protest? by lynx_user_abroad · · Score: 1
      We all pray the mistakes we make when we step into the public limelight will be so utterrly trivial compared to our acts of courage.

      --

      The thing about things we don't know is we often don't know we don't know them.

    5. Re:Joining the protest? by illumin8 · · Score: 1

      Your reckless copying and pasting is what got us into this whole mess in the first place!

      Let's all be just a little more careful next time... :-)

      --
      "When the president does it, that means it's not illegal." - Richard M. Nixon
  23. Re:Ooooh. Scarrry. by pheared · · Score: 0

    First time on Slashdot in a while? :)

  24. Also... by Black+Parrot · · Score: 4, Interesting


    > And it also seems that a bunch of Canopy power players also sit on SCO's board of directors. The short summary is, 'these guys are professional litigious bastards -- be exceptionally wary.'

    I can't find the link, but someone posted to one of the (many) Slashdot SCO stories last week with a link showing that about half a dozen board members had bought large numbers of shares at greatly discounted prices just a few weeks before SCO gave IBM the original ultimatum. (When I say "discounted" I mean far below even the 60Â/share that SCOX was worth back then.)

    Coincidence?

    Someone please post that link again, if you have it.

    --
    Sheesh, evil *and* a jerk. -- Jade
    1. Re:Also... by Daniel+Dvorkin · · Score: 1

      Heh. Given the Feds' aggressive approach to high-profile insider trading (granted, none of these people are famous in their own right, as Martha Stewart is, but they've made themselves famous, or at least infamous, by going after IBM) that seems like a pretty clear-cut method of counterattack for Big Blue. "Your honor, we move for dismissal on the grounds that the plaintiffs are currently under FTC investigation ..."

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    2. Re:Also... by Anonymous Coward · · Score: 0

      I think you mean the SEC. The FTC involves the actual products of commerce, not the exchange of commerce properties such as stocks or other securities.

  25. I've worked for a Canopy company by Rosco+P.+Coltrane · · Score: 3, Interesting

    Check out all the Canopy-funded company : only one is viable, and it's Center 7.

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    1. Re:I've worked for a Canopy company by Anonymous Coward · · Score: 0

      TrollTech is profitable.

    2. Re:I've worked for a Canopy company by Tronster · · Score: 1

      I didn't believe Trolltech was held by Canopy and so I went to Trolltech's site to prove you wrong. No mention of Canopy there. But I also went to Canopy's website and on their front page the list all groups in order with Trolltech in the lower right. *ack*

      Considering Canopy owns 39 companies, I am a bit more concerned about the law suit. I'm sure these guys are quite aggressive (otherwise they wouldn't be where they are today).

    3. Re:I've worked for a Canopy company by arkanes · · Score: 1

      The own 5.8% of Trolltech. The majority interest is held by employees, with 71%. Refrence here

    4. Re:I've worked for a Canopy company by Anonymous Coward · · Score: 0

      It would seem that you aren't the only one to think that Center 7 is a viable company: ViaWest bought some of their assets.

  26. SCO Ancient Unix Software License Agreement by Anonymous Coward · · Score: 2, Informative

    SCO Ancient Unix
    Software License Agreement

    THE SANTA CRUZ OPERATION, INC. ("SCO") HEREBY GRANTS TO YOU THE SPECIAL SOFTWARE LICENSE AGREEMENT STATED BELOW ONLY FOR THE PURPOSES STATED IN THIS SPECIAL SOFTWARE LICENSE AGREEMENT. BY DOWNLOADING, INSTALLING, OR USING THE ANCIENT UNIX SOURCE CODE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SPECIAL SOFTWARE LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT.

    THE SANTA CRUZ OPERATION, INC. SPECIAL SOFTWARE LICENSE AGREEMENT FOR ANCIENT UNIX SOURCE CODE (AGREEMENT)

    A. THE SANTA CRUZ OPERATION, INC., a California corporation (SCO), having an office at 400 Encinal Street, Santa Cruz, California 95061-1900 and you as LICENSEE, agree that, as of the Effective Date hereof, as defined in Section 7.1, the terms and conditions set forth in this AGREEMENT shall apply to use by LICENSEE of SOURCE CODE PRODUCTS subject to this AGREEMENT.

    B. SCO makes certain licensing rights for SOURCE CODE PRODUCTS available under this AGREEMENT, including rights to make and use DERIVED BINARY PRODUCTS. Such SOURCE CODE PRODUCT is identified in Section 3 of this AGREEMENT .

    C. This AGREEMENT sets forth the entire agreement and understanding between the parties as to the subject matter hereof and merges all prior discussions between them, and neither of the parties shall be bound by any conditions, definitions, warranties, understandings or representations with respect to such subject matter other than as expressly provided herein or as duly set forth on or subsequent to the date of acceptance hereof in writing and signed by a proper and duly authorized representative of the party to be bound thereby. No provision appearing on any form originated by LICENSEE shall be applicable unless such provision is expressly accepted in writing by an authorized representative of SCO.

    D. The AUTHORIZED COUNTRY for this AGREEMENT shall be any countries not excluded by Section 5.2

    I. DEFINITIONS

    1.1 AUTHORIZED COUNTRY means one or more countries specified above.

    1.2 CPU means a computer having one or more processing units and a single global memory space.

    1.3 COMPUTER PROGRAM means any instruction or instructions for controlling the operation of a CPU.

    1.4 DERIVED BINARY PRODUCT means COMPUTER PROGRAMS in OBJECT CODE format based on a SOURCE CODE PRODUCT.

    1.5 DESIGNATED CPU means all CPUs licensed as such for a specific SOURCE CODE PRODUCT.

    1.6 OBJECT CODE means a COMPUTER PROGRAM in binary form, resulting from the compilation of SOURCE CODE by computer or compiler into machine executable code and which is in a form of computer programs not convenient to human understanding of the program logic, but which is appropriate for execution or interpretation by computer.

    1.7 SOURCE CODE means COMPUTER PROGRAMS written in certain programming languages in electronic media form and in a form convenient for reading and review by a trained individual, such
    as a printed or written listing of programs, containing specific algorithms, instructions, plans, routines and the like, for controlling the operation of a computer system, but which is not in a form that would be suitable for execution directly on computer hardware.

    1.8 SOURCE CODE PRODUCT means a SCO software offering, primarily in SOURCE CODE form. Such offering may also include OBJECT CODE components.

    1.9 SUCCESSOR OPERATING SYSTEM means a SCO software offering that is (i) specifically designed for a 16-Bit computer, or (ii) the 32V version, and (iii) specifically excludes UNIX System V and
    successor operating systems.

    2. GRANT OF RIGHTS

    2.1 (a) SCO grants to LICENSEE a personal, nontransferable and nonexclusive right to use, in the AUTHORIZED COUNTRY, each SOURCE CODE PRODUCT identified in Section 3 of this AGREEMENT, solely for personal use (as restricted in Section 2.1(b)) and solely on or in conjunction with DESIGNATED CPUs, and/or Networks of CPUs, licensed by LICENSEE through this SPECIAL SOFTW

    1. Re:SCO Ancient Unix Software License Agreement by Anonymous Coward · · Score: 0

      This is the license agreemnent for Ancient UNIX BEFORE it was released under a BSD-style license by Caldera in January 2002. Unforutnately the BSD license release does not include System V which is what SCO is suing about.

  27. They still running GNU/Linux by lederhosen · · Score: 5, Interesting

    OS, Web Server and Hosting History for sco.com
    OS Server Last changed IP address Netblock Owner
    Linux Apache/1.3.14 (Unix) mod_ssl/2.7.1 OpenSSL/0.9.6 PHP/4.3.2-RC 17-Jun-2003 216.250.140.112 NFT
    Linux Apache/1.3.14 (Unix) mod_ssl/2.7.1 OpenSSL/0.9.6 PHP/4.0.3pl1 28-Nov-2002 216.250.140.112 NFT
    Linux Apache/1.3.14 (Unix) mod_ssl/2.7.1 OpenSSL/0.9.6 PHP/4.0.3pl1 12-Aug-2002 216.250.140.125 NFT
    SCO UNIX Netscape-FastTrack/2.01 26-Mar-2002 132.147.210.109 Caldera, Inc.
    SCO UNIX unknown 24-Mar-2002 132.147.210.109 Caldera, Inc.
    SCO UNIX Netscape-FastTrack/2.01 10-Oct-2001 132.147.210.109 Caldera, Inc.
    SCO UNIX Netscape-Enterprise/2.01 30-Mar-2001 209.1.8.14 Cable & Wireless
    SCO UNIX unknown 29-Mar-2001 209.1.8.14 Cable & Wireless
    SCO UNIX Netscape-Enterprise/2.01 23-Dec-2000 209.1.8.14 Cable & Wireless
    SCO UNIX unknown 22-Dec-2000 209.1.8.14 Cable & Wireless

    1. Re:They still running GNU/Linux by will_die · · Score: 1

      However if you goto the site where they are hosting all the lawsuit stuff it is being done on IIS.

    2. Re:They still running GNU/Linux by Anonymous Coward · · Score: 1, Insightful

      So the fuck what? They say they own the rights of parts of Linux - why would they stop using it?

    3. Re:They still running GNU/Linux by hendridm · · Score: 1

      > They still running GNU/Linux

      They probably figured that Linux is essentially SCO UNIX anyway, with all the stolen code and all, so why bother switching over...

    4. Re:They still running GNU/Linux by illumin8 · · Score: 1

      Haha... funny thing is, according to their claims, they may be the only one with a valid license to run Linux

      --
      "When the president does it, that means it's not illegal." - Richard M. Nixon
    5. Re:They still running GNU/Linux by Anonymous Coward · · Score: 0

      > They say they own the rights of parts of Linux

      80 lines of it.
      They will have to remove all the other lines to use it legally.

  28. Wayback Machine to the Rescue by buck09 · · Score: 2, Informative

    You can find the archived pages for SCO's Ancient Unix Source Code here.


    --


    Press any key to continue, any other key to quit.
    1. Re:Wayback Machine to the Rescue by Anonymous Coward · · Score: 0

      Great, now wayback machine is slashdotted.

      Need a *real* wayback machine to take me back before the slashdotting.

  29. Canopy Group by drfuchs · · Score: 1

    Take a look at canopy.com and see if there are any other Canopy Group companies that are boycotable.

  30. Support by Kai_MH · · Score: 1

    I may not be able to attend the protest/demonstration, but they have no full support, whether they use legal or illegal actions while doing so.

    1. Re:Support by Anonymous Coward · · Score: 0
      I may not be able to attend the protest/demonstration, but they have no full support

      I presume you meant "my full support."
      (by "my" I mean yours, not mine.)

  31. Why SCO will prevail in lawsuit by ReelOddeeo · · Score: 4, Funny

    It has now become clear to me that SCO has a very good chance of winning every single one of their claims.

    By observing the public statements made almost daily by SCO and their spokespeople, the secret of their strategy has emerged and I now clearly see it. There is a very real and serious danger here.

    Really, I must hand it to SCO. A brilliant legal strategy.

    I don't believe the open source community has previously contemplated this particular type of legal attack.

    SCO's strategy is simply this: they will win all claims, because IBM's lawyers will be unable to present a good defense, because IBM's lawyers are unable to concentrate, due to their inability to stop laughing. This will be especially unfavorable if this laughing behavior carries over into the courtroom.

    --

    Those who would give up liberty in exchange for security and DRM should switch to Microsoft Palladium!
    1. Re:Why SCO will prevail in lawsuit by Anonymous Coward · · Score: 5, Funny

      SCO's strategy is simply this: they will win all claims, because IBM's lawyers will be unable to present a good defense, because IBM's lawyers are unable to concentrate, due to their inability to stop laughing. This will be especially unfavorable if this laughing behavior carries over into the courtroom.

      Don't worry. IBM's lawyers have *NO* sense of humor...

    2. Re:Why SCO will prevail in lawsuit by ajs · · Score: 1

      Hmm... you're right, we need a defense against this once the case shows up in court... any chance we can get Maddog and Alan Cox to show up naked? ;-)

    3. Re:Why SCO will prevail in lawsuit by Anonymous Coward · · Score: 3, Interesting

      No, do not mod the parent is being funny. He is being serious, and i must agree with him. Because SCO's claims all look so ridiculous like a toddler throwing a temper tantrum, IBM might not present a defense as strong as it could because they don't take the claims all that seriously.

      Look at all the other posts on /. concerning SCO. Its just people saying "SCO is dying and just screaming as it goes down" "SCO is such a loser!" "SCO has no claim!". No one appears to be taking them seriously. It is a brilliant legal strategy, and if IBM does not play its cards right, there is a chance for a fatal blow to be dealt to the GNU/Linux community, i sadly must say.

    4. Re:Why SCO will prevail in lawsuit by Jason+Earl · · Score: 1

      I am pretty sure that would trigger my peril sensitive sunglasses.

    5. Re:Why SCO will prevail in lawsuit by Anonymous Coward · · Score: 0

      Ah yes,

      Unfortunatly, They lose if the Judge is laughing too!

    6. Re:Why SCO will prevail in lawsuit by Anonymous Coward · · Score: 0

      "...and while the Baron was laughing, he got him in his sights."

    7. Re:Why SCO will prevail in lawsuit by shadowbearer · · Score: 1

      Oh, I think that IBM is taking all this *very* seriously. Their lawyers are not fools; if they were, IBM would not have lasted out thru the last twenty years.

      I do wonder if the judge will be laughing so hard he won't be able to render a verdict. I can see it now:

      "Judge dies from cardiac arrest due to extensive hilarity during SCO case presentation."

      Heh.

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
  32. Instructions for obtaining a license... by Anti+Frozt · · Score: 1

    After reading the instructions for obtaining a license, this piece caught my attention.

    • These licenses permit hobbyists and enthusiasts to have access to the source code of these historic releases, for personal and non-commercial use, and to share experiences and code updates with other authorized individuals having corresponding licenses.

    So let's say everyone who has worked on Linux obtained these licenses. Wouldn't this allow them to freely share the code with each other. Question is, can IBM's contributions to Linux be classified as non-commercial use?

    Also, does this cover the "infringing code" that SCO claims IBM copied?

    --
    In C++, friends can touch each others private parts.
  33. Top 3 things SCO/Caldera learned from Linux by johnthorensen · · Score: 1

    3) Licenses are more powerful than any other known force in existence in the whole wide world.

    2) You don't exactly have to *sell* software to make money in software.

    and the Number One thing SCO/Caldera learned from Linux....

    WORLD DOMINATION!

    Laugh. It's funny.

    -JT

    1. Re:Top 3 things SCO/Caldera learned from Linux by mobiGeek · · Score: 1
      Licenses are more powerful than any other known force in existence in the whole wide world ...

      ... as long as you base your lawsuits in the United States...

      the whole wide world ???

      --

      ...Beware the IDEs of Microsoft...

  34. Re: I've been hypnotizezed! by Black+Parrot · · Score: 1


    > The eye... it keeps STARING at me! I feel that it can see into the depths of my soul!

    No, the 'O' in 'SCO' isn't an eye.

    And it's you that's "staring into the depths"!

    --
    Sheesh, evil *and* a jerk. -- Jade
  35. Re:PLEASE!! IT'S GNU/SCO by Anonymous Coward · · Score: 0, Funny
    I thought it was a brand of tampons for goats.

    Turns out it's actually a firm that breeds goats in New Zeland. No, really!

  36. FYI by Andy+Dodd · · Score: 4, Informative

    "The Santa Cruz Operation, Inc. P.O. Box 7745
    San Francisco, CA 94120-7745
    United States of America"

    The current SCO is NOT the same as the former SCO. (Now the Tarantella Group.)

    If you read the article, you'll see that the current SCO was formerly Caldera. Caldera bought the Unix rights from SCO, the old SCO became Tarantella (which was one of their products IIRC...), and then Caldera renamed to The SCO Group.

    That source offer was made by people with no management connection to McBride...

    --
    retrorocket.o not found, launch anyway?
    1. Re:FYI by Jah-Wren+Ryel · · Score: 4, Insightful

      That source offer was made by people with no management connection to McBride...

      So? That doesn't make it any less valid of an offer, nor any less applicable to the current situation. (Not that I necessarily believe that it is particulary applicable, but for the sake of argument) If the code was once given away by the owner, any new owner can't just revoke and/or retroactively criminalize the original offer. They can only change the terms going forward.

      --
      When information is power, privacy is freedom.
    2. Re:FYI by notaSCOmbag · · Score: 1

      That is exactly what SCO is trying to do though. They want to rewrite history, ignore the number of files that were found to be illicitly Novell's(3) in the BSD agreement, and claim their Pinto is a Ferrari. They bought material that although IANAL seems to meet the definition below,

      Acquiescence - Action or inaction which binds a person legally even though it was not intended as such. For example, action which is not intended as a direct acceptance of a contract will nevertheless stand as such as it implies recognition of the terms of the contract. For example, if I display a basket of fruit in a marketplace and you come by, inspect an apple and then bite into it, you have acquiesced to the contract of sale of that apple. Acquiescence also refers to allowing too much time to pass since you had knowledge of an event which may have allowed you to have legal recourse against another, implying that you waive your rights to that legal recourse.*

      Now in order to prove that this did not occur they have to invalidate past legal agreements between previous holders of the copyrights. Because if those agreements are valid then they have 3 files and not a trunk. I just wonder if any of his statements about indivduals (read Linus) qualify as slander.

      *http://www.duhaime.org/dictionary/dict-a.htm#A

    3. Re:FYI by Rogerborg · · Score: 1

      And you believe that why exactly?

      It's like RedHat patents. If you want to, you can infer that you have a license in perpetuity to use them for good. If you actually read the non-license, you'll find that all they're saying is that they probably won't sue you for using them... today.

      And sure, they won't sue you, so it's effectively in perpetuity. Until they go Dark Side, or get bought out by a Dark Side company.

      The only code that you have unlimited rights to is code that you write yourself or that you have obtained the first and exclusive rights to. RMS has been saying that for years. Who'd have thought the crazy socialist hippy would have been right. Well, SCO, for one.

      --
      If you were blocking sigs, you wouldn't have to read this.
    4. Re:FYI by NetFu · · Score: 2, Interesting

      It's interesting to read their company history:

      http://www.tarantella.com/about/history.html

      I'll bet today they are VERY sorry they gave their good name to Caldera -- it looks like Caldera took over the operating systems and, I guess, the SCO name in 2001. It's usually been portrayed here and on other sites that the Santa Cruz Operation (who I know as SCO since I live in the SF Bay Area and we actually used SCO XENIX and OpenServer way back when) is the same as the SCO group and they (the current bad guys) bought UNIX from Novell in 1995.

      According to the above link, the original SCO bought UNIX from Novell in 1995, then in 2001 Caldera bought the "operating systems divisions" or UNIX from the original SCO. I assume the purchase included the purchase of the SCO name since the original SCO renamed themselves Tarantella in that same year when the purchase was made and Caldera renamed themselves SCO Group.

      So, it seems that this B.S. from the "SCO Group" has only started in the past 1-2 years, and it was probably completely initiated by those scumbags currently calling themselves SCO. They don't deserve to wear that name, IMHO...

    5. Re:FYI by red+floyd · · Score: 1

      Yep. Tarantella has the 425 Encinal address that used to be SCO.

      I had an OpenDesktop 2.0 system that ran for 7 years straight, with the only reboots being hardware upgrades. And if you had a 286, Xenix SysV/286 was the way to go (Microport was too unstable).

      It's a shame, ain't it?

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
    6. Re:FYI by Anonymous Coward · · Score: 0

      SCO never had much of a "good name" in the software industry. At least not in the last 10 years.

      UNIXWare might have had it's good points, but they never successfully sold it to anyone. People (including self-proclaimed unix experts like ESR) primarily remember them for their buggy, seat-licenced OpenServer/Xenix crap. "The Microsoft of UNIX".

    7. Re:FYI by dmaxwell · · Score: 1

      If the RedHat patents are implemented in the kernel then we most certainly can use them in perpetuity as long as they are implemented in GPLed code. The catch is that unlike regular GPLed code, you can't deduce the algorithms and recode it yourself under a different license. It's a two-edged sword. Since RedHat distributed their IP in the form of the GPLed kernel then they are bound by the license which states that any patents must be licensed to anyone who recieves the code. However, the GPL is only thing protecting you from their wrath if you re-implement. RedHat could be bought by MS for all the difference it would make.

      BTW, license trolls are apt to jump on this like stink on shit. Most licenses don't have any indemnification against patents whatsoever. The GPL isn't forcing a patent on you; it is giving you protection you otherwise wouldn't have.

      Patented IP implemented in other FOSS licenses is more ambiguous. The code itself may be free but since patents which are a different form of IP aren't mentioned in them then the code is legally ambiguous. A good lawyer may be able to argue that if patented IP were distributed (by the patent holder) under the BSD license then permission to use the patent is implied but it won't be cut and dried. Of course, a few good precedents involving other licensed patented IP would help with that a lot.

    8. Re:FYI by Rogerborg · · Score: 1

      Oh dear. Please quote the part of the GPL that requires explicit patent licensing in perpetuity. It does not even require you to grant explicit licenses for patents, despite claiming to do so in the preamble. It just says that you can't enforce licensing at the same time as you are distributing under the GPL.

      There is nothing in the GPL that stops submarine patents being enforced in future. If you think otherwise, talk to a specialist IP lawyer. The FSF goofed and goofed big time with this. I believe that they are now afraid of clearing this up in a new version of the GPL because it would expose the long standing snafu in version 2. They're hoping that FUD - or better, case law - will lead to an "explicitely and in perpetuity" interpretation of version 2. SCO clearly thinks otherwise.

      IANAL, but when I've paid one (several, actually) to advise me, I listen to what I'm told, not what I want to hear.

      --
      If you were blocking sigs, you wouldn't have to read this.
  37. Start planning for withdrawal symptoms... by jazman · · Score: 4, Funny

    Never mind that stuff about decaffeinated coffee. What about weaning people onto deSCOffeinated Slashdot once this is all over? There'll be millions of geeks worldwide going "need..... SCO...... news......." and shaking.

    1. Re:Start planning for withdrawal symptoms... by Anonymous Coward · · Score: 0

      "What about weaning people onto deSCOffeinated Slashdot once this is all over?"

      So... what you're saying is that Slashdot editors are prospective weaners? I thought they already were. :^)

    2. Re:Start planning for withdrawal symptoms... by jazman · · Score: 1

      heh. The other thought I had after posting was that I should change my sig to:

      My God! It's full of SCO!

      The current:

    3. Re:Start planning for withdrawal symptoms... by shadowbearer · · Score: 1

      There will still be SCO news, but it will be similar to the following:

      "Darl McBride, former SCO exec, turned down for employment at Mcdonalds."

      "Darl McBride, former SCO exec, sentenced to life in BP Fed prison"

      We can hope, can't we? :-)

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
  38. Re:Mmmmm by ksheff · · Score: 5, Insightful

    The Linux @ Work section on Forbes seems to be authored by pro-MS people. To them, linux is something only fanatics use. Unfortunately, it appears that most of what they are currently suing over was done by them before their current lawsuit happy management was in charge. It's bad when you wish Ransom Love was back in charge of Caldera/SCO/whatever they want to be called.

    --
    the good ground has been paved over by suicidal maniacs
  39. poor Tux by KingRamsis · · Score: 4, Interesting

    it is ironic that the OSS movement main goal is to avoid corporate lock down and give freedom for the end user.
    ...until Tux became the darling of IBM and that dragged us into a sleazy corprate war, i think the whole matter stinks especially when lawyers creep in.
    Maybe its time to question the benefit of corporate support to Linux.
    IIRC SCO said that whatever IBM put into the kernel magically turned Linux from a "toy bicycle" OS to an enterprise grade OS, and in another /. article the source code that found its way to the kernel was like 60 lines of code, so I'm suppose to believe that 60 lines of code is all what is needed to make an enterprise OS out of a toy OS?
    yeah sure..

    1. Re:poor Tux by t123 · · Score: 1

      actually you just need to remove one line:

      this->BSOD();

      :)

    2. Re:poor Tux by mormop · · Score: 1

      I wouldn't worry, there's a special layer of hell for lawyers, sandwiched in between estate agents and politicians

      --
      Hmmmmmm..... Deep fried and look like Squirrel.
    3. Re:poor Tux by Anonymous Coward · · Score: 0

      Why not? It only takes 8 bytes in the registry to turn NT workstation to NT server.

    4. Re:poor Tux by Anonymous Coward · · Score: 0

      Because IBM has done what excatly to Linux?

    5. Re:poor Tux by El · · Score: 1

      We're not exactly innocent bystanders in a clash of Titans. OSS was going to get shit on by M$ regardless; it is costing them revenue. Having an experience megacorporation like IBM with complementary goals is a good thing! IBM for years gave away software (e.g. MVS) to leverage hardware sales. Then Linux came along, I they figured out they could do the same with Linux for a lot less! As long as Linux has a positive impact on their bottom line, you can beleive that IBM is firmly on our side.

      --

      "Freedom means freedom for everybody" -- Dick Cheney

    6. Re:poor Tux by starseeker · · Score: 2, Interesting

      "it is ironic that the OSS movement main goal is to avoid corporate lock down and give freedom for the end user."

      That is still the goal of a large number of people. Remember, "Linux" doesn't have a goal. Only the people who use it and develop it do. And they do not (and should not be expected to) speak with one voice. It's a sign that things are normal. When very large numbers of independant people speak with one voice, it's generally a sign that things are really, really bad. (Think war. Real life war. Not software war.)

      "...until Tux became the darling of IBM and that dragged us into a sleazy corprate war, i think the whole matter stinks especially when lawyers creep in."

      Pfft. You don't understand how sleazy these creeps can be. What if they decided they wanted control of all Linux IP, and decide to argue that Linux is a derivative of System V, which they own the rights to? We have heard this as one of the (numerous) pieces of crap that have flown out of SCO, and this does not depend on IBMs involvement.

      "Maybe its time to question the benefit of corporate support to Linux."

      They can support it or not, as they please. If you want to impliment a more rigid IP scrubbing before things get to the Linux kernel that might be OK (possibly an over-reaction) but as long as a viable free alternative exists to commercial OS software some commercial toad will want to kill it to make more $$.

      "IIRC SCO said that whatever IBM put into the kernel magically turned Linux from a "toy bicycle" OS to an enterprise grade OS, and in another /. article the source code that found its way to the kernel was like 60 lines of code, so I'm suppose to believe that 60 lines of code is all what is needed to make an enterprise OS out of a toy OS?
      yeah sure.."

      We don't know the full details yet. It's impossible to say what their arguments are in detail. I daresay they won't be able to hold on to the tiger's tail and will be badly mauled, but the sooner it happens the better for everyone else.

      Of course, if everyone just picks the best clean IP from Linux, heads over to Hurd, and injects Hurd with resources, code, $$$, developers, etc. a new next generation OS might just appear out of the sands, something totally new. Or maybe Plan9 will become more than a research OS. Or OpenBeOS jumps to the front ranks. Or something unknown rises from nowhere. Open source and free software will never go away. They can't kill it. Ever. But they are unlikely to stop trying.

      --
      "I object to doing things that computers can do." -- Olin Shivers, lispers.org
    7. Re:poor Tux by Billly+Gates · · Score: 1
      "so I'm suppose to believe that 60 lines of code is all what is needed to make an enterprise OS out of a toy OS?
      "


      True if its written in Perl.

  40. So, now we know the real reason for fear... by tizzyD · · Score: 5, Interesting
    It's not the legitimacy of the case, whether or not IP was stolen from SCO. It's all about lawyers, people who make their money be suing, buying, and financially bullying others. Thus, I predict there is no real IP violation here. The reality is that the case is vague enough and can be argued effectively by effectively lawyers to make it look like there is a violation. Whether or not there is one or not is immaterials, not germaine to the case.

    Does this strategy perhaps demonstrate the lack of any real basis to the case? Or is it that the case is vague enough so that there's the opportuninity for legal FUD to churn cash?

    Inquiring minds want to know.

    --
    ...tizzyd
    1. Re:So, now we know the real reason for fear... by HBI · · Score: 1, Redundant

      The FUD stops when this gets to a judge.

      Sit tight till then.

      --
      HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
    2. Re:So, now we know the real reason for fear... by Anonymous Coward · · Score: 0

      Âmake their money by suing, buying, and financially bullying othersÂ

      Wait a minute. DidnÂt you just describe IBM?

      http://swpat.ffii.org/players/ibm/index.en.html
      http://www.forbes.com/asap/2002/0624/044.html

    3. Re:So, now we know the real reason for fear... by Anonymous Coward · · Score: 1, Insightful
      Sit tight till then.


      So how does one counter bullshit like this then? It is clear there is a significant undercurrant of people who are afraid of Linux and Open Source software. They are afraid, perhaps, for their jobs or for losing the influence they have over those who are using their closed source software. I personally feel this lawsuit and the growing chorus of "Stop using Linux or your IP will be lost" is a pseudo-co-ordinated last ditch effort to end the widespread corporate use of Linux in the USA. Saying that we should wait till the court case is settled may not work, since SCO and their crony's in the press are leveraging this as a scare tactic to get people to stop using Linux now.

    4. Re:So, now we know the real reason for fear... by HBI · · Score: 1

      Operating under the threat of a lawsuit sucks, but sometimes you have to do it.

      Get used to it, the legal system is the last resort of companies that can't compete in the marketplace. Expect it to be used a lot against OSS.

      --
      HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
    5. Re:So, now we know the real reason for fear... by Anonymous Coward · · Score: 0

      ``Remember, it's not what you do, it's what it can be made to look like in court.'' -- Raymond Chandler

  41. Canopy companies business practices by burgburgburg · · Score: 4, Insightful
    Canopy companies sometimes share more than a common parent. They form joint ventures and buy and sell one another's stock.

    So they're buying each other's stocks, raising the prices and then selling them to outsiders at a profit.

    In this cozy company, SCO even leases its office space from Canopy--a fact disclosed in Securities and Exchange Commission filings, along with the fact that SCO's chief financial officer, Robert Bench, has a side job as a partner in a Utah consulting firm that last year billed SCO for $71,200.

    So they're renting space from the parent company, at possibly below market rates, making their own profits look bigger OR at above market rates making the parent companies profits look bigger.

    But I'm confused how the CFO, who has a fiduciary responsibility to the shareholders of SCO, can also be a partner of a company (hence having a fiduciary responsibility to his partners) that consults for SCO. He has cross-loyalties. Either the contracts with the firm are too generous, benefiting his partners at the expense of the shareholders OR the contracts are too strict screwing over his partners to the benefit fo the shareholders.

    1. Re:Canopy companies business practices by Vengeance · · Score: 2, Insightful

      Mmmm, sounds like a corporate scandal waiting to explode.

      How do we get the SEC ticked off at 'em?

      --
      It was a joke! When you give me that look it was a joke.
    2. Re: Canopy companies business practices by Black+Parrot · · Score: 1


      > So they're renting space from the parent company, at possibly below market rates, making their own profits look bigger OR at above market rates making the parent companies profits look bigger.

      I suspect that this will be listed as "enroning" or "worldcoming" in the next edition of your favorite dictionary.

      --
      Sheesh, evil *and* a jerk. -- Jade
    3. Re:Canopy companies business practices by srpayne · · Score: 0

      I used to work for a Canopy Company and I can tell you that the rates we paid for office space in the Canopy company were at, or maybe even above market rates. It would be nice if people would get the facts before making assumptions and accusations or wrong-doing.

      --

      F******* LOUDER! I CAN'T HEAR YOU! --Ozzy Osbourne
    4. Re:Canopy companies business practices by El · · Score: 1
      How do we get the SEC ticked off at 'em?

      I don't know, but what are the chances that IBM has some friends in the SEC? Surely this same idea must have occured to some blue suits by now...

      --

      "Freedom means freedom for everybody" -- Dick Cheney

  42. Stickup Artist by Michael_Burton · · Score: 1

    Forbes' account of Darl McBride's history of contributions to the world of technology has given me some perspective, and a lot more insight. I finally understand where McBride's coming from.

    Who'da thunk that the man was a stickup artist?

    --
    When all you have is an axe, everything looks like a grindstone.
    1. Re:Stickup Artist by Anonymous Coward · · Score: 0

      Some will rob you with a pistol, others with a fountain pen...

  43. Yup by Andy+Dodd · · Score: 1

    If you read the article you will see that TrollTech is indeed owned by the Canopy Group.

    Why am I not surprised?

    Given the TrollTechSCO/Caldera connection, KDE could be in for a world of hurt...

    --
    retrorocket.o not found, launch anyway?
    1. Re:Yup by Anonymous Coward · · Score: 0

      TrollTech is indeed owned by the Canopy Group

      For the 1 Billionth time, they are not owned by the Canopy Group. The Canopy Group have ~5% share in Qt, along with some other companies. Around 80% of the shares in TrollTech are in private hands.

    2. Re:Yup by Arandir · · Score: 1

      I can barely breath with all this bullshit that SCO is throwing around, I certainly don't need you to add to the mix.

      Canopy has 5.8% stock in Trolltech. Trolltech employees have 70% stock in Trolltech. Trolltech is not a publicly traded corporation. Canopy does not own Trolltech!

      Now go away and spread your GNOME FUD elsewhere.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
  44. The mafia way. by macdaddy357 · · Score: 1, Funny
    That article revealed the names of people IBM could easily deal with the mafia way...

    "SCO is basically owned and run by The Canopy Group, a Utah firm with investments in dozens of companies. Canopy's chief executive, Ralph J. Yarro III, is chairman of SCO's board of directors and engineered the suit against Microsoft in 1996. Darcy Mott, Canopy's chief financial officer, is another SCO director, along with Thomas Raimondi, chief executive of a Canopy company called MTI Technology (nasdaq: MTIC - news - people ). In this cozy company, SCO even leases its office space from Canopy--a fact disclosed in Securities and Exchange Commission filings, along with the fact that SCO's chief financial officer, Robert Bench, has a side job as a partner in a Utah consulting firm that last year billed SCO for $71,200."

    Buy 'em a pair of concrete shoes, and make 'em sleep with the fishes. I don't think these guys have any idea who they are messing with. Some of the guys at IBM are not boy scouts. Capiche?

    --
    How ya like dat?
    1. Re:The mafia way. by Aussie · · Score: 1

      yeah, send in the corporate mercanaries and finish
      these guys off, they are obviously in pain.

  45. Said it once, I'll say it again... by Anonymous Coward · · Score: 0
    If you all are so sure SCO is going to lose this court case, and that the executives are doing a pump-and-dump stock scheme,

    Short sell their stock. If its value goes down, you make money.

    Its value has about quintupled since this whole thing began. You could stand to nearly double money you short sell into SCOX if you're right.

    Pbbbbt. You can put your money where your mouth is.

    1. Re:Said it once, I'll say it again... by alienw · · Score: 1

      Stock price is meaningless. It's merely a reflection of what the individual investors think the company's short-term potential is, and that changes with every press release, but does not reflect the long-term facts.

      As for short selling their stock: they might lose the lawsuit in 2 years and that's when the stock will go down. Nobody is saying they are going to go bankrupt in a week.

  46. Stop Using SCO's products by clonebarkins · · Score: 5, Funny

    I almost wish now that I had been using SCO's products all along -- Just so I could make a declaration about how "I will never use them again!"

    But alas, some malevolent twist of fate has conspired to keep me from such bliss....

    --

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

    1. Re:Stop Using SCO's products by powerlord · · Score: 1

      I remember their booth at the Linux World Expo in NY. They had a neat "Mailserver" distribution that handled most of a small buisnesses needs, with a very slick interface, all sitting on classic Linux tools. It was something you could give a mostly clueless user to cover day-to-day admining :) (thinking of a few small buisnesses I help admin for).

      Was getting ready to deploy it in a few places (with sales for SCO), pity I wouldn't touch it with a ten foot poll now.

      --
      This space for rent. All reasonable inquiries will be entertained at proprietors discretion.
    2. Re:Stop Using SCO's products by Dirtside · · Score: 1
      I almost wish now that I had been using SCO's products all along -- Just so I could make a declaration about how "I will never use them again!"

      But alas, some malevolent twist of fate has conspired to keep me from such bliss....

      Isn't this kind of like wishing you'd been being assfucked by a gorilla so that you could exclaim how wonderful it felt now that he'd stopped?
      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    3. Re:Stop Using SCO's products by clonebarkins · · Score: 1
      Isn't this kind of like wishing you'd been being assfucked by a gorilla so that you could exclaim how wonderful it felt now that he'd stopped?

      What makes you think I'd want him to stop?

      --

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

    4. Re:Stop Using SCO's products by Anonymous Coward · · Score: 0

      I almost wish now that I had been using SCO's products all along

      I have used SCOs i386 product, and I'll tell you now, it wasn't the lawsuit that made me announce "I'll never use this crap again".

      I'm not surprised they've turned to suing everyone to keep themselves alive. Perhaps they should have a go at a few college students - I hear some of them have $12k they're willing to give up.

  47. Be careful not to get tainted by scsirob · · Score: 4, Insightful

    Before you know it, you receive an envelope from SCO on your doorstep, as you now have seen their sources, and you might be working on Linux..

    Caveat emptor!

    --
    To Terminate, or not to Terminate, that's the question - SCSIROB
  48. I am going to see the action by jeremybguero · · Score: 1

    I would love to see SCO get some bad press. I think they are doing it to try suck money from anyone who has it. Hopefully it won't cause too much havoc to linux in their rampage. But I would like to see SCO fail miserably in their lawsuit.

  49. What's a 'crunchie' ?? by ch-chuck · · Score: 1

    I like PC *nix, am I a 'crunchie' ??

    --
    try { do() || do_not(); } catch (JediException err) { yoda(err); }
    1. Re:What's a 'crunchie' ?? by estes_grover · · Score: 1

      What's a 'crunchie' ??

      That'd be the opposite of a 'squishy'.

    2. Re:What's a 'crunchie' ?? by d3faultus3r · · Score: 1

      What SCO eats for dinner. In other words a linux user. windows users give SCO indigestion

      --
      read my blog
      musings on politics and technol
    3. Re:What's a 'crunchie' ?? by Anonymous Coward · · Score: 0

      If the author reads John Ringo, a 'crunchie' is what the crews of giant, building-sized tanks call anything that gets in their way.

      Makes perfect sense in this context.

    4. Re:What's a 'crunchie' ?? by Anonymous Coward · · Score: 0

      It is important to label your adversary with a name he finds offensive. In this case, the old guard of corporatist scum (including Forbes - they're a financial magazine, for god's sake!), has come up with a term they're hoping we'll find derogatory. Unfortunately for them, it's more like WTF???

      Can't think why they thought "crunchie" would work- if I was eaten, I would on the whole, indeed, be quite crunchy, due to my skeleton.

      Us literal-minded linux geeks aren't that susceptible to derogatory naming :-)

      And in english-speaking countries of europe, "crunchie" is the name of a very successful and well-loved sugar-honeycomb (maybe the correct term is "cinder toffee", I dunno) chocolate bar, with the memorable, if bizarre, advertising slogan "Thank Crunchie it's Friday!". Odd choice.

    5. Re:What's a 'crunchie' ?? by Concertina · · Score: 1

      I think the author of the Forbes article is trying to say we're a bunch of granola-eating hippies.

      HTH!

    6. Re:What's a 'crunchie' ?? by spun · · Score: 2, Interesting

      My theories:

      1.)This is a slight against developer's hygiene. They were implying that we wash our clothes so infrequently that they get crunchy, and that we bathe so infrequently that crunchy things begin to live in our hair.

      2.)They were trying to tie us in with hippies. Hippies are notorious for their love of granola and grape nuts, which are crunchy. Hippies are also often commies, and open source is a commie idea.

      3.)They were (as a previos poster mentioned) using military slang for infantry, implying that OSS advocates are the foot soldiers of the movement.

      4.)Some reference to number or code crunching? But this is a stretch, I think.

      5.)They are implying that we are all druggies: I have heard people coming down from some drugs say that they feel "crunchy," which is the result of being "fried" for too long.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    7. Re:What's a 'crunchie' ?? by sgtrock · · Score: 1

      Nope, it's far more likely a reference to infantry. Any reader of military sci-fi would make the connection, as it has been used by various authors for decades. I think Joe Haldeman was the first to use it in this context back in the late 70s or early 80s.

      From comments in this thread and elsewhere I gather it's also become popular slang within the US Army for ground troops. Since Joe was a Vietnam vet, maybe that's where he first heard it?

  50. *Crunchies* ? Uh? by radio4fan · · Score: 4, Funny

    In other words, like many religious folk, the Linux-loving crunchies in the open-source movement are a) convinced of their own righteousness, and b) sure the whole world, including judges, will agree.


    In other words, like many religious folk, the money-grubbing fsckwits in the sue-the-world movement are a) convinced of their own righteousness, and b) sure the whole world, including judges, will take their word for it.

    Doh! I've been trolled by Forbes!
    1. Re:*Crunchies* ? Uh? by Anonymous Coward · · Score: 0

      I think that Forbes misunderstands this. SCO arn't suing Linux (How could they?) they're suing IBM. I don't care how clever you think SCO and Canopy are; IBM have a long and distinguished history of burying companies in a lawsuit, using what are widely considered to be genertically engineered super leathal Terminator style lawyers.

  51. irrelevant by Goonie · · Score: 1
    "Your honor, we move for dismissal on the grounds that the plaintiffs are currently under FTC investigation ..."

    IANAL, but surely the fact that directors of the company were under investigation by the FTC for insider trading is irrelevant here?

    --

    Any sufficiently advanced technology is indistinguishable from a rigged demo
    --Andy Finkel (J. Klass?)
    1. Re:irrelevant by Rogerborg · · Score: 1

      It contributes to a preliminary motion to dismiss the suit on the grounds that it's frivilous - as does SCOs tendency to keep changing their minds about what it's supposed to be about.

      On the other hand, IBM might choose to keep them in litigation until SCO have exactly enough money left to pay IBM's legal costs, then stop kidding around and put them out of their misery. Either one would be good at this point.

      --
      If you were blocking sigs, you wouldn't have to read this.
  52. Re:Mmmmm by cshark · · Score: 1

    Yes, it comes in frosted and honey nut.

    --

    This signature has Super Cow Powers

  53. Forbes stupidity by Brian+Blessed · · Score: 5, Insightful

    The Forbes article is unbearably basic and takes the view that SCO have a good chance because Caldera won a previous case against Microsoft.
    No attempts to examine any facts are made, with the assumption being that Caldera won the DR-DOS case only because the judge agreed with them and not because Microsoft actually did anything wrong. Whilst the judge's decision does determine the outcome, if you want to analyse the situation before the end of the case then you must look at the facts yourself, i.e. they are not irrelevant!

    - Brian.

    1. Re:Forbes stupidity by MrMickS · · Score: 4, Informative

      The case against Microsoft was not won. MS settled out of court. This is what they are hoping will happen with the IBM suit.

      --
      You may think me a tired, old, cynic. I'd have to disagree about the tired bit.
    2. Re:Forbes stupidity by Anonymous Coward · · Score: 0

      DR-DOS was a case that should have been brought much earlier but there was not enough money at DR or will to do it. Hopefully IBM has the will. It definitely has the money. It also has a bit investment in AIX and Linux. I just hope they do it sooner than later. It is time to stomp on this bug.

    3. Re:Forbes stupidity by Robotech_Master · · Score: 1

      Yeah. The funniest thing about that article is that it doesn't devote any attention at all to the actual merits of the case. It dismisses Linux zealots as "crunchies" (heh, as if they were some sort of granola hippies or something) who are invariably wrong simply because they're zealots.

      Funny, you would think a business publication would be more aware of the stock market aphorism "past performance is no indicator of future results."

      --
      Editor Emeritus and Senior Writer, TeleRead.org
    4. Re:Forbes stupidity by mj01nir · · Score: 2, Informative

      Yes, MS settled out of court. For what this BBC article* describes as "hundreds of millions of dollars". While Caldera's purchase of the DR properties (DR-DOS, etc) cost around $400,000. This O'Reilly article quotes the Wall Street Journal as putting the number at $275 mil. So, in the strict legal sense, MS didn't "lose". But by every definition that matters, Caldera won and won big.

      I, for one, hope that SCO loses for real on this one.

      * This article also contains the single worst picture of Bill Gates I've ever seen. Worth clicking-through just for that.

      --
      the no .sig .sig
    5. Re:Forbes stupidity by SwedishChef · · Score: 1

      The reason MS settled was that they were clearly in the wrong. MS tried every trick in the book to block DRDOS from being useful on PCs in general and in particular PCs used to run Windows (which at that time was just a GUI that ran on top of DOS). Also, at the time of settlement, the Justice Department's antitrust investigation was just getting into motion and MS undoubtedly wanted to put the DRDOS debacle behind them in case it, too, ended up part of that case.

      There is little doubt in my mind that SCO/Canopy wants to settle and settle quickly before the cadres of open source advocated uncover some really damning piece of evidence that can be used against them by IBM in court. The OS community is providing new evidence every day which IBM attorneys could not, in their wildest dreams, have even suspected was there. In addition to providing timelines and other information only available by experts. And for free, just because SCO/Canopy has pissed the community off big time.

      --
      No one ever had to evacuate a city because the solar panels broke!
    6. Re:Forbes stupidity by Anonymous Coward · · Score: 0

      The Forbes article is unbearably basic and takes the view that SCO have a good chance because Caldera won a previous case against Microsoft.

      Yeah, and Microsoft ALWAYS loses in court because they're always clearly guilty - especially in the DR-DOS case!

    7. Re:Forbes stupidity by Anonymous Coward · · Score: 0

      Well, Caldera certainly doesn't have $275M now. They only have around $8M in assets today. So either a) they have thrown away at least $267M in three years or b) they leaked an inflated settlement number to the press to make their stock go up. Hmm. Let me think. Which one makes more sense?

      Plus, since they were suing for considerably more than they got, then Caldera's case must not have been that strong, or they would not have settled for such a small percentage of their claim.

    8. Re:Forbes stupidity by ansak · · Score: 1
      Right on! It reminds me of sports analysts talking about the likely outcome of the next game in a playoff series more on the historical record of this team vs. that team (stretching back to times when none of the current players were on either roster) than on the up-to-the-minute health and fitness (both physical and mental) of the current roster.

      Unless Forbes knows something about influence peddling in this case along the lines of that alleged in Guerilla News' story about one artist vs. Coke, they would be well advised not to make comments without sending one of their own to one of SCO's "Ask-but-don't-tell" disclosure parties.

      --
      Still hoping for Gentle Treatment...
    9. Re:Forbes stupidity by seth_k · · Score: 1

      Perhaps it's more a cynical acceptance of today's legal chichanery. Facts are irrelevant. Justice and Right are obsolete. Corporate law has largely become a game for the lawyers involved, where the side with the best lawyers win.

    10. Re:Forbes stupidity by paskal · · Score: 1
      This article also contains the single worst picture of Bill Gates I've ever seen. Worth clicking-through just for that.
      If you didn't click, it is truly awful, perhaps even bad enough to be the new MS logo: Really bad Gates pic
    11. Re:Forbes stupidity by pyrrho · · Score: 1

      good point on details, but Caldera/SCO did "win the settlement" 200-300 mega$ was the estimate.

      --

      -pyrrho

    12. Re:Forbes stupidity by shadowbearer · · Score: 1

      "his article also contains the single worst picture of Bill Gates I've ever seen"

      It sure was. Thanks...I needed more laughter tonite :=)

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
  54. IBM is in _BIG_ trouble, now! by Dj+Offset · · Score: 3, Funny

    The evidence is clear, right from the fresh 2.4.21 kernel (under bluetooth):
    "Say Y here to compile SCO support into the kernel or say M to compile it as module (sco.o)."

    Pretty strong evidence there, huh?

    1. Re:IBM is in _BIG_ trouble, now! by gearheadsmp · · Score: 1

      Nice troll, but sco.o is used for bluetooth. Just grep the 2.4.21 changelog and see for yourself.

  55. Canopy Group / SCO Mormon Conspiracy? by usurper_ii · · Score: 1

    An interesting article that points out that the Canopy group as well as SCO have Mormon influences:

    BIZNETDAILY COMMENTARY
    Big blue Mormon penguins
    Updates on the Linux wars

    http://www.worldnetdaily.com/news/article.asp?AR TI CLE_ID=32872

    From the article: Conspiracy theorists believe that Canopy is tightly tied into the Mormon church

    Usurper_ii

    1. Re:Canopy Group / SCO Mormon Conspiracy? by usurper_ii · · Score: 0, Offtopic
      I'm going to say up front that I haven't put a lot of thought into this...

      But there really could be a Mormon angle to this. Mormons believe that the Constitution was "divinely inspired." They are very active politically because they believe that in the United States worst hour, they will be the group to save it. It could be, and again just speculation, that they think open source is somehow an attack on the United States.

      Some notes:

      http://www.historycooperative.org/journals/whq/3 4. 1/br_36.html

      Gerassi quotes Brigham Young's 1863 statement that "the time will come when we will give law to the nations of the earth" as indicating the scope of Mormon aspirations (p. 153). Mormon leadership knew "The Principle" was right because of revelation, and their view of the Constitution was equally inspired.

      Although not focused on Mormons, other recent work may further amplify these issues of confronting a legal system run by apostates. Lauren Benton's Law and Colonial Cultures (New York, 2002) suggests that Muslims and Hindus successfully manipulated British legal regimens to their self-interest. Maria Montoya's Translating Property (Berkeley, 2002) similarly suggests the efficacy of multinational analysis in understanding why some ethnic "others" cope with colonial legal systems and others fail. In this light, Mormons were hardly unique.

    2. Re:Canopy Group / SCO Mormon Conspiracy? by Anonymous Coward · · Score: 0

      That's silly - according to the article the "link" is that some of those people are probably Mormons - big deal, SCO is in UTAH for crying out loud!

      In related news, a guy who cut my off while I was driving into work this morning had a Catholic bumper sticker. Obviously, this goes all the way to the top - the Pope is somehow trying to bring down the U.S. by inciting road rage!

    3. Re:Canopy Group / SCO Mormon Conspiracy? by Anonymous Coward · · Score: 0

      Yes, obviously you have not put a lot of thought into that.

      Why would anyone think Open Source is an attack on the U.S.? That's a pretty bogus thought in and of itself, but moreso in this case since YOU are the one who thought it up - there's nothing to even suggest that Mormons even think that.

      I have a sneaking suspicion that you think the moon is blue. Now, I admit I haven't put much thought into this, and I also admit that you haven't said anything that would suggest that you think the moon is blue, but still.

    4. Re:Canopy Group / SCO Mormon Conspiracy? by Daimaou · · Score: 1

      It would take too long to explain, but your quotes are out of context and/or incomplete.

  56. Legend of the Drunken Master by hpulley · · Score: 1
    I used to think of SCO as a drunk in a knife fight, wildly stabbing about in the hope of drawing blood. This article indicates to me its more like a duel between two masters.

    Hey, I just saw that Jackie Chan flick last night!

    --
    $#!^ happens, but why does it always have to happen to me???
  57. They do still offer Ancient Unix by Gunnar+Ritter · · Score: 2, Interesting

    See http://shop.sco.com/caldera/ancient.html to see the license on their own web server. But that's not really interesting because they've released all of this stuff except for System III under a BSD-style license (including advertising clause) in the meantime, as you can see at http://www.tuhs.org/Archive/Caldera-license.pdf. Another interesting link is http://unixtools.sourceforge.net/, pointing to some System V userland code released by Caldera in 2001.

  58. Unfortunately, they didn't release System V source by sacolcor · · Score: 1, Redundant

    The "ancient_unix_license" release isn't likely to help fight the suit; it doesn't cover the version they're suing about.

    From: http://web.archive.org/web/20000115142514/www.sco. com/offers/ancient_unix_license.txt

    --
    3. LICENSED SOURCE CODE PRODUCTS

    The SOURCE CODE PRODUCTS to which SCO grants rights under this
    Agreement are restricted to the following UNIX Operating Systems,
    including SUCCESSOR OPERATING SYSTEMs, that operate on the 16-Bit
    PDP-11 CPU and early versions of the 32-Bit UNIX Operating System
    with specific exclusion of UNIX System V and successor operating
    systems:

    16-Bit UNIX Editions 1, 2, 3, 4, 5, 6, 7
    32-bit 32V
    --

  59. Re:Enough yet, tough guy? by hkmwbz · · Score: 4, Insightful
    Sigh. It never fails. Every time a SCO story is posted, someone has to complain.

    Every single SCO story on Slashdot gets a lot of comments - far higher than average. This means that these stories are very, very popular to the readers. Why, pray tell, should Slashdot stop posting popular stories? It doesn't make sense.

    As for a new IBM vs. SCO topic - this thing is time limited. When IBM has utterly devastated SCO, there will be nothing more to report.

    Please, stop the whining about the SCO stories. They are obviously very popular, so you are a tiny minority. And as the saying goes, if you don't like what's posted on Slashdot, go somewhere else. Simple.

    --
    Clever signature text goes here.
  60. Learned from the Bill Clinton Speak-N-Deny... by Lindril · · Score: 5, Funny

    Your honor, I downloaded the file, but I did not decompress.

    1. Re:Learned from the Bill Clinton Speak-N-Deny... by scsirob · · Score: 1

      Not only is this funny, but it could be a viable means of verifying the code. If you automate the process of decription without output to the screen, MD5 hash generation and comparison, (meanwhile switching off you monitor), then you might still be safe ;-)

      --
      To Terminate, or not to Terminate, that's the question - SCSIROB
    2. Re:Learned from the Bill Clinton Speak-N-Deny... by d_i_r_t_y · · Score: 1

      Your honor, I downloaded the file, but I did not decompress.

      ah but you see, i kept the hard drive you decompressed on! after speaking to trailer park friend i took my hard drive home and archived it for later! i only told you i deleted it.

    3. Re:Learned from the Bill Clinton Speak-N-Deny... by yakusoku14 · · Score: 1

      If you did compress, you must confess!

    4. Re:Learned from the Bill Clinton Speak-N-Deny... by JimFromJersey · · Score: 1

      If the compress don't fit, you must accquit.

      --
      between the greater and lesser infinities sleep the dreams undreamt
  61. Crunchies? by sparkhead · · Score: 4, Funny

    "These guys in Utah are no dummies. The crunchies in the Linux community should be paying more attention. "

    I have a hard time taking seriously a writer who uses the word "crunchies".

    1. Re:Crunchies? by Dr.+Photo · · Score: 2, Informative

      You should read some Linux articles by Lisa DiCarlo.

      The way she writes, you'd think that Linus personally stood her up on prom night... ;-)

    2. Re:Crunchies? by iabervon · · Score: 1

      I never thought I'd see Forbes calling a company that's been #8 or better on the Forbes 500 as far back as Forbes has it online a bunch of crunchies.

      Sure, they're the biggest and most experienced computer company around today, but what do they know? They'll lose a contract/IP case to a totally insignificant company, because that company managed to win an anti-trust case against MicroSoft (like everybody else has).

      What is the world coming to, when Forbes actually expects someone with less money to get somewhere?

    3. Re:Crunchies? by Imperator · · Score: 1

      Looks like somebody has a case of the crunchies!

      --

      Gates' Law: Every 18 months, the speed of software halves.
    4. Re:Crunchies? by Anonymous Coward · · Score: 0

      When you come in and you're not feeling real well, does anyone ever say to you, "Sounds like someone has a case of the crunchies?"

      Shit, no man. I believe you'd get your ass kicked saying something like that, man.

    5. Re:Crunchies? by El · · Score: 1

      Seems to violate the first rule of writing: to use words that the majority of your readers can understand. I don't know who his target audience is, but I for one have absolutely no idea what he means when he uses the term "crunchies"; nor is it obvious from context.

      --

      "Freedom means freedom for everybody" -- Dick Cheney

    6. Re:Crunchies? by pyrrho · · Score: 1

      i have been wonderwing, wtf is a "crunchie" anyway.

      --

      -pyrrho

  62. Um, wrong licence... by DAQ42 · · Score: 1

    From what I could gather from trying to translate the legalese in the archived version of the license agreement, SCO didn't release the source code for System V Unix.

    [quote]
    3. LICENSED SOURCE CODE PRODUCTS

    The SOURCE CODE PRODUCTS to which SCO grants rights under this
    Agreement are restricted to the following UNIX Operating Systems,
    including SUCCESSOR OPERATING SYSTEMs, that operate on the 16-Bit
    PDP-11 CPU and early versions of the 32-Bit UNIX Operating System
    with specific exclusion of UNIX System V and successor operating
    systems:

    16-Bit UNIX Editions 1, 2, 3, 4, 5, 6, 7
    32-bit 32V

    [/quote]

    Please not the line about "specific exclusion of UNIX System V and sucessor operating systems.

    The source that was released was not the System V source, which is what they are licensing out now and what thier whole blah blah yackety noise is all about. Also, the UNIX that is archived on those sites (from a quick glance) does not include the source for UNIX System V. Remember kids, Solaris is a System V UNIX. AIX is a System V Unix. They are all based on the System V UNIX code base.

    Any other version (System 32V, System 4, System 3, System 6 or 7), is a _different_ codebase, so if you see a source code tree out there on the web that's freely available, make sure you find out what code base it is before you go concluding that SCO's argument is wrong.

    However, one funny thing. I wonder how much code repetition is in the System V, System 6, and System 7 codebases? I wonder if you dig into those source trees whether you'll find things in common with Linux code as well. Someone with more time on thier hands than me should probably look into that, just to start looking for possible clues as to the code that SCO might be ragging the Linux community about. I wonder if we can't find developer comments that match word for word in those codebases in the linux kernel source?

    And on a final note, the Forbes article is rather sobering.
    I read it yesterday (before it was posted on /.) and discussed it with some people. While SCO's actions are dispicable (thank you Daffy Duck for improving my vocabulary) and seemingly unethical, they are _not_ illegal unless they are truly acting in a fraudulent manner. What's very disheartening is that the Justice Department will probably not even investigate the business practices of the canopy group, because as I've seen in the business world, what they are doing (basically trading stock between different entities, creating more capitol by having thier stock trades show up on the radar of Wall Street, thus "tricking" investors into putting outside investment capitol into the companies since thier is movement on thier charts), is what has become known in the common media as "accepted trade practices". Any of you corporate types (yes, there are corporate type geeks) look into your books. See how many entities exist within your corporate structure. How much money gets shuffled around between your companies? How often? For what purpose? I bet a lot of money changes hands between your different entities that seems to come and go out of nowhere. This is where Enron screwed up. They started spending some of that non-existent money. In reality, they had absolutely no cash to spend, and they went out and bought real shit with it, instead of trading out thier stock and making more money on the market that they could "really" use in thier operations. But that's just me talking out of my ass after observing the way American capitolism works. Maybe I can join thier club now and start making imaginary money start appearing as well and fool a few investors into paying for a lavish lifestyle of wheeling and dealing with OPM (Other Peoples Money). Wow. It's the 80's powerbroker shit all over again.

    --
    Don't Ask Questions. I don't know the answers and even if I did I wouldn't tell you.
  63. This is a by Anonymous Coward · · Score: 0

    Canopy is an investment firm, they own a minority share of TT

  64. Did anyone download ... by Anonymous Coward · · Score: 1, Interesting

    ... the Ancient UNIX source code? If we compared it against the Linux kernel source then we might get some hints of what areas SCO are claiming have been copied. We could then trace back to the original source of the copied code - SCO (= trouble for Linux), Linux (= trouble for SCO) or BSD (= trouble for SCO).

    I kind of like the idea of screwing SCO using information they once put in the public domain.

  65. Who... by 1WingedAngel · · Score: 0, Offtopic
    (what's Natalie up to these days?).

    Apparently, spending some time on a Cold Mountain .

    Mmmm.. I wonder if she has that Tatooine Suit on the Cold Mountain.
  66. You can see the form here to get the Ancient Code by Anonymous Coward · · Score: 0

    http://web.archive.org/web/20000229072409/www.sco. com/offers/ancient_unix_instructions.html

  67. OK you capitalists! by FuzzyDaddy · · Score: 1

    Let's start talking about tort reform! (Oh wait, that doesn't apply to rich people, does it?)

    --
    It's not wasting time, I'm educating myself.
  68. Everybody is missing the point.... by botzi · · Score: 3, Insightful

    The fact that SCO has published their code has absolutely nothing to do with this case.
    Their license is pretty clear that you can't use in a projects as the Linux kernel, BUT, this doesn't matter.
    For the moment, there's no proof for ANY SCO PROPRIATARY code in the kernel, and I believe that it'd be really hard to proove this. So, looking at old stories is just shifting the attention from the main subject, and nothing more.
    The thing that strikes from this article is that those guys just don't look the type that'll start FUD-ing, if the don't believe they've some chance to win... that's scary.

    --
    1. No sig. 2. ???? 3. Profit!!!
  69. Fine. SCO is doomed. by molnarcs · · Score: 3, Interesting
    If they really offered the sources publicly, they are doomed. I know that not many people read the BSD case, so I'll post the relevant sections here:

    However, as shown by the briefs arguing Plaintiff's

    motion for a preliminary injunction against BSDI, the threshold
    issues here are not issues of who did what, but rather issues of
    similarity among source codes, of contract interpretation, and of
    law. How closely does Net2 or BSD/386 resemble 32V? Was 32V
    published without notice of copyright? What sorts of publications
    do Berkeley's licenses permit? Can any part of 32V possibly be
    considered a trade secret, given that much of it is industry
    standard and known to a generation of users and programmers? These
    are all issues without a particular geographical situs.

    and more specifically:

    In order to prevail, Plaintiff must prove that it has a

    valid copyright in the UNIX code. Plaintiff's chief difficulty
    here is the "Publication doctrine." The publication doctrine
    denies copyright protection to works which the copyright owner
    "publishes," unless the owner has properly affixed a notice of
    copyright to the published work. This doctrine has suffered steady
    erosion over the years, and it now applies in full force only for
    works published prior to January 1, 1978. For works such as 32V
    (published in 1978), which were published after that date but
    before March 1, 1989, the doctrine is subject to the escape
    provisions of 17 U.S.C. 405(a) and the common-law "limited
    publication rule." For works published after March 1, 1989, the
    publication doctrine has been eliminated by the Berne Convention
    Implementation Act, 102 Stat. 2857 (1988).

    What comes after this section is the definition of what can be considered to fall under the "Publication Doctrine". Essentially, the issue here is whether publication of the source code happened to 'selected groups' or it was published to a wider audience. If SCO actually published the source code on their website, there was no screening procedure - which is needed to make a convincing point. Even if they had a screening procedure, they would have to convince the judge that this screening procedure can be successfully applied to narrow down the audience selected for viewing the source code. Apparently, plaintiff was not successful at convincing the judge.

    Plaintiff cannot avail itself of any of these provisions.

    Notice was omitted from thousands of copies of 32V; no contractual
    agreements require the licensees to affix notice;
    Plaintiff failed to copyright 32V until 1992, well over five years
    after 32V was published; and Plaintiff has not yet made reasonable
    efforts to add notices to the many noticeless publications of 32V.
    Consequently, Plaintiff must try to fit within the common-law
    doctrine of limited publication.

    Note that we talked about Copyright infringement so far. What comes next is more similar to SCO's claims. You can see how SCO's doom is spelled out in this verdict:

    2. Trade Secret Misappropriation

    Plaintiff also claims that BSDI misappropriated trade
    secrets when, via Net2, BSDI incorporated parts of 32V into
    BSD/356. This claim raises two key issue. First, is Plaintiff's
    claim preempted by federal copyright law? And second, after a
    generation of scrutiny and imitation as a highly-regarded computer
    operating system, does any part of 32V remain secret? Section 301
    of Title 17 expressly preempts state laws protecting "legal or
    equitable rights that are equivalent to any of the exclusive rights
    within the general scope of copyright as specified by section 106."
    Section 301 explains the scope of this preemption by listing the
    exceptions:

    The concept of preempted claims is quite difficult to

  70. Just a *PUFF* piece by Usagi_yo · · Score: 2, Insightful
    I read this last night on Forbes and my take was it is just a puff piece of journalism. You know, how they have to try and cover both sides and make it interesting.

    Today, it is not news that sells, it is controversy that sells. Here I think Forbes is just selling controversy.

    I'm already getting bored with this. I'm waiting for IBM to knock them out, but IBM looks like they are playing the rope-a-dope strategy. which seems to be somewhat effective if you take into account how SCO's story changes as they try and fine tune their lawsuite.

    I'm interested in whether there was some pre-lawsuite negotiations with IBM before this all became public and what exactly SCO was trying to get then, rather then in the lawsuite.

  71. Truth is what will set Linux Free by dnoyeb · · Score: 4, Insightful

    I disagree. I have YET to hear anyone on slashdot say anythign to the affect of "thats not fair." What people are saying is "Thats not right." People are pointing out lies and misrepresentations they believe SCO is making. Nobody is simply crying foul.

    more than 1/2 the work of the lawyers will be research into the issue. The community has already produced mounds of information that lawyers can and WILL use in court. Look at what was found today about the Anchient UN*X code being shown, and the predicition of law suit.

    I think the Linux community is not a bunch of kids but intelligent working professionals that know exactly what is going down here and is offering their help in the best way they each know how.

  72. Phone Phreak? by kyoko21 · · Score: 1

    801.229.2223

    Give these folks a call if you don't have anything else better to do. BTW, it's Canopy's number in Utah.

  73. Crunchies by weston · · Score: 1

    Um... wth is a "crunchie"? Is it a new tousle-your-hair, too-bad-you-don't-understand-the-realities-of-busi ness term for "techie"? The suit response to suit?

    1. Re:Crunchies by Dr.+Smeegee · · Score: 1

      I'm kind of curious about that myself...

    2. Re:Crunchies by the+gnat · · Score: 1

      Is it a new tousle-your-hair, too-bad-you-don't-understand-the-realities-of-busi ness term for "techie"?

      I think in this case it was a reference to the, um, free spirits in the community like RMS. Think "granola" - it's implying that the entire Linux community is a bunch of hippies. Which is a pretty insulting (and uninformed) tone for a Forbes reporter to take.

    3. Re:Crunchies by chmod000 · · Score: 1

      I thought it was a reference to "number crunching", which suits don't do much. Well, that is, if they aren't "bean counters."

      --
      Aptal soru yoktur; sadece merakli aptallar vardir.
    4. Re:Crunchies by SillySlashdotName · · Score: 1

      I don't know what they are meaning, but I assume it has to do with the origins of hacking and phonephreaking, where a whistle given as a prize in Cap'n Crunch cereal was found to have the exact tone needed to fake out the phone company switches and allow those techies 'in-the-know' to make (illegal) free calls. Of course, those in-the-know where more than willing to share the knowledge.

      CaptainCrunch was the Nom de Gurre of a prominant phreaker.

      Therefore, a 'crunchie' would be a techie, someone who is willing to share (possibly illegal) information, a predesessor of 'hacker'.

      Of course, that is only if my assumptions about the origins of the word are anywhere close to reality...

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
    5. Re:Crunchies by j_w_d · · Score: 1

      There is more than one origin and use of the term. From the use made in the article, the author is laboring under the delusion that Linux is community of bearded, (crunchy) granola-eating hippies. There was also "Captain Crunch" the phreaker, but the author is unlikely to be familiar with the name unless he saw it on a cereal box. While the article looks fairly well informed about the "powers" behind SCO these days, the author is clearly pretty naieve about linux, its development, the community that produces it and uses it. He didn't do much homework about the non-SCO side, and apparently seems to forget that IBM is the opponent being gloved up in the opposite corner. SCO might win, but companies like IBM don't say "we'll see you in court," unless they expect to win. If they didn't, they'ld settle.

      --
      ------ The only greater hazard to your liberty than n politicians is n+1 politicians.
  74. Re:More Power to SCO by Trolling4Dollars · · Score: 1

    So what OS do you prefer? WeenieDOS? ;P

  75. Sociopaths once again. . ! by Fantastic+Lad · · Score: 4, Interesting
    If there was any question remaining about "Greedy, Self-Serving, Delusional Assholes In Charge" being the number one problem in the world today. . , --If Enron's spectacular self-destruction, (closely followed by the near identical recent fiascos by 17 other massive corporate monsters,). . , if BushCo's continuing drive to destroy the universe were not enough to convince people that it's time we started hauling psychopaths out of offices and mass-burying them, then perhaps this latest will be enough to serve notice! (Especially to the tech-geek community, so much of which seems not to 'get it' when the issue isn't directly related to the manipulation of ones and zeros.)

    But you know. . . My old plan is still a good plan.

    The game is entirely rigged, and as such, those who play by the rules are chumps. Make up your own rules, make them good ones, and then follow them. That'd be "Chaotic Good" to those of you out there with little bags of dice. The only alignment worth living!

    --With the exception of small producers with no corporate ties, (and the odd Lucasarts game when Lucas' brain was still made of grey matter), I've never payed for software in my life, much less an operating system, and I'm not about to start now. SCO can go blow.

    --And you watch! If SCO wins their little scramble, it'll be amazing to see just how fast the free software community responds. Talk about a unified force! "Linux; The Revenge"

    Sign me up for an advance copy of that!

    Sociopaths are not human. Destroy them before they destroy you. Don't waste your good conscience on them, because they haven't got one.


    -FL

    1. Re:Sociopaths once again. . ! by RTMFD · · Score: 1

      The above comment was written on a computer designed, marketed, and invented by a collection of corporations....

      Seriously, this anti-corporate sludge is starting to become repetitive. Just as there are shyster and malevolent people, there are "evil" corporations. You really can't tar them all with the same brush.

    2. Re:Sociopaths once again. . ! by lysium · · Score: 1
      But on the plus side, that foul sorceress, Martha Stewart, will pay for her crimes against society! All the pensioners she bankrupted will have their vengence, and the stock market will shoot past 12000 the day after she is sentenced.

      Err.....right?

      -----------

      --
      Together, we will drive the rats from the tundra.
    3. Re:Sociopaths once again. . ! by Anonymous Coward · · Score: 0


      -If Enron's spectacular self-destruction, (closely followed by the near identical recent fiascos by 17 other massive corporate monsters,). . , if BushCo's continuing drive to destroy the universe were not enough


      Ummmm, Enron started down its path and did most of its misdeeds under the watchfull eyes of the Clinton administration. They are being prosecuted by the Bush administration.


      if BushCo's continuing drive to destroy the universe were not enough to convince people that it's time we started hauling psychopaths out of offices and mass-burying them, then perhaps this latest will be enough to serve notice! (Especially to the tech-geek community, so much of which seems not to 'get it' when the issue isn't directly related to the manipulation of ones and zeros.)


      You've got it backwards again. Where recently have you read of day after day of discovering yet another mass grave? Could it be... Iraq? And which administration just deposed the rulers responsible for those mass graves? Isn't it Cart^H^H^H^H Clint^H^H^H^H^H, er, Bush?

      I suspect that if most people looked at the situation in Iraq, they could figure out who filled many many mass graves of up to 15,000 people each, and who removed the psychopath who was responsible for creating those mass graves. And, although it was unfortunate that anyone had to die, the total number killed in the war which freed the Iraqi people from Saddam killed far fewer people than are found in many of the mass graves that Saddam filled. A one time cost for a long term benefit.


      The game is entirely rigged, and as such, those who play by the rules are chumps. Make up your own rules, make them good ones, and then follow them. That'd be "Chaotic Good" to those of you out there with little bags of dice. The only alignment worth living!


      Hey great! A guy who plays by his own made up rules that are uniquely advantageous to him. Ummmm, how is it again that you are determining what is good? (And apparently good just for you?)

      ... I've never payed for software in my life, much less an operating system, and I'm not about to start now. SCO can go blow.


      d00dz! Ur 3l173!


      --And you watch! If SCO wins their little scramble, it'll be amazing to see just how fast the free software community responds. Talk about a unified force! "Linux; The Revenge"

      Sign me up for an advance copy of that!


      And what pray tell will the free software community do? "Unified force!"? "Revenge" you say? Is that part of your "chaotic good"? Does anyone get hurt of lose their job in this? Or are they buried?

      So, you are endorsing: making up your own rules (for your own advantage), taking people out of offices and burying people alive (no trial needed?), revenge, force, and chaos, and maybe just taking whatever software pleases you (sort of the cherry on your philosophical sundae).

      I'm almost afraid to ask, but could you remind me again, which ones were the psychopaths?

    4. Re:Sociopaths once again. . ! by shadowbearer · · Score: 1

      Chaotic Good is how some of us have been living our lives for many years.

      It's not who you are, it's what you do, and who you help.

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
    5. Re:Sociopaths once again. . ! by Anonymous Coward · · Score: 0
      The above comment was written on a computer designed, marketed, and invented by a collection of corporations....

      It was designed, marketed, and invented by people. The corporations took the profits, and distributed them to other people.

  76. Re:Ooooh. Scarrry. by mormop · · Score: 1

    It's only dangerous if it isn't true. Given the list of former cases........

    --
    Hmmmmmm..... Deep fried and look like Squirrel.
  77. linux crunchy ambivilence by flaming-opus · · Score: 1

    So the author's point is that linux crunchies shouldn't discount SCO group's chances of winning in court. Why? What are the real repurcushions if they do win? IBM will have to pay them some ammount of money, as determined by the court. Maybe, MAYBE, some small piece of code will need to be clean-room re-written. IBM should care, definately. But we crunchies can watch from a distance and ignore it for the most part.

    The author does make a good point that all sorts of prattle thrown about on /. or on ESR's blog don't mean jack in a court of law. But in the end, so what?

  78. The power behind SCO's stock price by MickLinux · · Score: 1
    Might I note that if you look at all those other links to Linux@Office articles on Forbes' website, Forbes is definitely trying to slam Linux with some major FUD. From what I can tell, this is fairly recent

    But these articles don't have substance: that is, as far as I can tell, they are designed to play to the court of public opinion, and little else. After all, the fact that other minor players caved does not mean that IBM is going to cave. And the article did not look at one iota of the substance of the lawsuit.

    So Forbes is definitely in on this too, and not so much for SCO, as against Linux. But that being the case, one must remember that Forbes has a ton of readers who play the stocks.

    I think I begin to see why SCO's stock is climbing so high.

    Now, someone please just tell me that Forbes didn't just get a $10 million M$ advertising contract, or isn't selling their own SCO stock, Merrill-Lynch style.

    Forbes's Linux@office examples:
    Linux=OS/2

    A crashing company chooses Linux(Lisa Dicarlo)

    Boies:Linux=risk(Victoria Murphy)

    We're overhyping Linux(Lisa DiCarlo)

    Neutral (but reminds us that a teacher told Torvaldas he'd get a low grade for his creation):
    List of previous Linux articles(staff)

    In favor of Linux:
    Oracle supports Linux(Lisa Dicarlo)

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
    1. Re:The power behind SCO's stock price by Anonymous Coward · · Score: 0

      Did you read any of those articles? The first was negative, yes. the next three were not. They were objective reporting. It didn't hype Linux, but it didn't put it in a negative light either. And your headlines you put on them are interesting. The last one, "We're over-hyping Linux" has the headline on the Forbes site of "The Limitations of Linx." It seems relatively accurate to me, and points out the strengths as well as the flaws. It evens ends with

      "So, in the end, this is what we know: Linux is here to stay; it will get better; and sometimes it's cheaper than alternatives, but it's not right for every application. We know the very same about Windows."

      Hardly negative. Just honest.

    2. Re:The power behind SCO's stock price by mj01nir · · Score: 1

      ...reminds us that a teacher told Torvaldas he'd get a low grade for his creation

      That teacher was Andy Tannebaum, creator of Minix! From the infamous Tannenbaum v Torvalds debate:

      I still maintain the point that designing a monolithic kernel in 1991 is a fundamental error. Be thankful you are not my student. You would not get a high grade for such a design :-)
      And:
      My point is that writing a new operating system that is closely tied to any particular piece of hardware, especially a weird one like the Intel line, is basically wrong. (snip) Writing a new OS only for the 386 in 1991 gets you your second 'F' for this term.

      It was hardly one of his teachers that "failed" him. It was just some usenet jousting over the merits of micro/monolithic kernels. Buy a clue, Forbes.

      --
      the no .sig .sig
    3. Re:The power behind SCO's stock price by Anonymous Coward · · Score: 0

      Hmm, while the "Linux=OS/2" article wasn't pro-Linux, it wasn't exactly anti-Linux either.

      It simply states that Linux isn't ready for the mainstream corporate/home desktop user yet, and that some people (Lindows guy) would rather ascribe conspiracy rather than looking straight-up at their product.

      Anyone who's read both slashdot and the old comp.os.os2.advocacy flamewars can see the analogy ... and the conspiracy theories. In fact a good portion of the oldtime "Microsoft Hater" club just moved on over from OS/2 to Linux without batting an eye.

    4. Re:The power behind SCO's stock price by Anonymous Coward · · Score: 0
      I disagree. Heinlein, if I remember, wrote about how master manipulators use connotation as opposed to content in order to manipulate people's feelings. He wasn't the only one.



      These articles *are* anti-linux.



      I'm sure that everyone who dislikes M$ has their own reason for it -- it isn't just a case of people who moved from OS/2 to Linux, as you claim.



      I, for one, dislike M$ because our contracts required us to move from Word 5.1 for Mac [an excellent package, still the best I've ever seen] and Word 6 [still pretty good], to Word 98. I did, and there was a user support contract at the time.



      Their product produced file corruption everywhere, and tripled the number of hours it took us to do the job, as well as introducing many unnecessary errors. And when I called the customer support, they played the idiot, saying that what I was seeing on my screen, real time, was not happening, and that their product was functioning as designed, and no, don't send us the destroyed files, because we don't want to see them. Later on, I learned that they knew all along about the corruption. More than that, with what they knew, they could have given me information that would allow me to minimize my costs. They refused to even acknowledge the problem.



      The costs of that failure to honor their contract -- and it was a contract -- and deliberate marketing of a fatally flawed product, ran to an immediate $7000, then an additional $11000, and keeps going when you count inflation and lost opportunity. If our courts were truly a level playing field, they would pay all of that, and just in my case: there are tons of other cases. That was a $125 software package. Get that happening enough, and you'd quickly bankrupt even Microsoft. I'm sure they're happy, therefore, that there isn't a level playing field.



      Of course, there's the question of why MS Word is required in the contract -- that has to do with the fact that teachers demand MS Word, because they get it for free at work. They, in turn, get it for free because of Microsoft's monopolistic and illegal practices that involve discounts, or if necessary, giving it to governments for free, if they are considering going with another competitor's product [as has been on slashdot recently]. So they realize outright that if you make sure the government has it instead of a competing product, then everyone else will have to buy it. Where I come from, using governments to force your product on people is called anticompetitive. Technically, it's supposed to be illegal. In reality, our antitrust laws are there for the benefit of monopolies, but that's a different story.



      Now, I never liked OS/2. I preferred Windows 3.1, and really liked DOS. OS/2 seemed bloated and pretty useless at the time, in my opinion. But I love Linux. I especially agree with the principles under which GPL is founded, and the way it coincides with my poltical principles -- but I love Linux on its own, for its capabilities. Nor am I blind to OSS problems [such as Koffice crashes]. But KOffice is not very important to me. Much more important to me is that I can kludge around the errors, something I cannot do with MSOffice because it's closed-source. That means that the cost of a problem is limited to the time it takes me to solve the problem. It isn't unlimited.



      I rather suspect that that basic reason, that you can fix the errors you run into, is going to be why Linux is so successful, and will be successful at work, too. Our ISP's server is -- guess what -- Linux. They market Windows products to all their customers because they're paid to do it, but what do they use? Linux.



      That is a reality I am seeing, and it is not reflected by Linux@Work on forbes.com. Where they get their viewpoint, I don't know.

    5. Re:The power behind SCO's stock price by Anonymous Coward · · Score: 0
      Really, the editorial addresses your point:

      To be sure, computer users have been tempted to smash their Windows PCs to bits. After all, freeze-ups, shutdowns and fatal errors are still an all-too-frequent part of the everyday computing experience. And because Microsoft tends to take a kitchen-sink approach to software development, most users pay for features they will never use or don't even know exist. But, for most, it's better than the Linux alternative. [...]

      "I leverage vendors where they are good," says Lehman's O'Connor. "It's too hard to deal with all the issues of putting [Linux PCs] together yourself. That is not our business."

      That leaves technically savvy individuals and Microsoft haters [aka people who type M$] to make a market for Linux PCs.

      In short, if you are willing to "roll your own", Linux could make a good solution. However if you are looking for pre-packaged integration (like most consumers), Windows is where it's at, despite the bugs.
    6. Re:The power behind SCO's stock price by refactored · · Score: 1
      Yip, I submitted the whole Forbes story plus a strong Forbes M$ link yesterday. Rejected. Boo hoo weep.

      So I slipped it in a comment, now the editors wake up.

      Oh well, that's life.

      Crunchies they call us. Linux loving Crunchies. They do not have the wisdom of the fortune program behind them....

      "Do not meddle in the affairs of (Linux) wizards, for you are crunchy and good with ketchup."

  79. A serious question: by NecrosisLabs · · Score: 4, Insightful

    Do these people (canopy, SCO, whatever) actually produce anything, or is all their revenue generated through litigation? If this were a biological analogy, I would say that this is classic example of a parasite.

    1. Re:A serious question: by Dachannien · · Score: 1

      "Do these people (canopy, SCO, whatever) actually produce anything, or is all their revenue generated through litigation? If this were a biological analogy, I would say that this is classic example of a parasite."

      SCO... is a virus.... and we... are the cure.

  80. Lawyers by Legal+Penguin · · Score: 5, Interesting

    Many have commented that this is a suit about lawyers more than about technoogy or even law. That's true in a lot of cases, but this one is especially interesting for law-geeks becaue it pits David Boies (former superstar litigation partner at a New York uberfirm) against that very New York uberfirm, Cravath Swaine & Moore.

    SCO has hired Boies, whom slashdotters will remember as lawyer who so skillfully and successfully led the Justice Department's antitrust case against Microsoft and less successfully defended Napster (as well, perhaps, as for his less successful outings in Florida representing then vice-president Gore). IBM has chosen Cravath, its longtime counsel for "bet the company" litigation. Interestingly, Boies made his career as a young lawyer at Cravath by his (successful) work defending IBM against a massive Justice Department antitrust suit in the late 1970s (and 80s, the suit went on for something like 17 years before IBM finally prevailed). There is certainly no love lost between Cravath and Boies and the fight promises to be a fascinating one for lawyers and law-watchers. In any event, SCO's choice of cousel is an extremely canny one, though Boies' typical roster of slashdot-friendly clients has now, one assumes, been somewhat besmirched.

    --
    "The true administration of justice is the firmest pillar of good government." - George Washington
    1. Re:Lawyers by Chester+K · · Score: 1

      though Boies' typical roster of slashdot-friendly clients has now, one assumes, been somewhat besmirched

      Lawyers are hired guns. They'll fight for whoever pays them. To be personally offended because a lawyer you thought was on "your side" is fighting for "the enemy" is to be ignorant of the world.

      --

      NO CARRIER
    2. Re:Lawyers by Anonymous Coward · · Score: 0

      the IBM antitrust trial was settled out of court with a consent decree. one of the reasons was that IBM previously settled the CDC suit out of court with very favorable conditions for CDC with the stipulation that CDC destroy its computerized data base with information they obtained in the discovery phase. apparently the justice department had hoped to swing their case with access to that data base

    3. Re:Lawyers by shadowbearer · · Score: 1

      "There is certainly no love lost between Cravath and Boies and the fight promises to be a fascinating one for lawyers and law-watchers."

      So what you're saying, basically, is that this is a fight between a couple of moneygrubbing lawyers who hate each other? With a tremendous amount of livelihoods, careers, and freedom in the balance?

      You know what I say?

      Shoot 'em both. Give the bodies to feral dogs. Shoot the dogs, sterilize the carcasses, and cremate 'em. Spread the ashes over Stalins gravesite.

      I am developing a serious hatred of people who fuck with thousands of other people's lives for their own vendettas.

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
  81. LOSER: Re:Here's a working "Ancient Unix" link.... by fanatic · · Score: 1

    Since all this leads to is a page where you print off a license aggreement, send it with a check to SOC and wait fro response, it's just SO useful, right?

    --
    "that's not encryption - it's a new perl script that I'm working on..." - from some Matrix parody
  82. Hackers by Anonymous Coward · · Score: 1, Insightful

    These guys are phenomenal hackers, they are just using the American legal system as their medium.

  83. Family trees by Mikey-San · · Score: 1

    "SCO is basically owned and run by The Canopy Group, a Utah firm with investments in dozens of companies. Canopy's chief executive, Ralph J. Yarro III, is chairman of SCO's board of directors and engineered the suit against Microsoft in 1996. Darcy Mott, Canopy's chief financial officer, is another SCO director, along with Thomas Raimondi, chief executive of a Canopy company called MTI Technology (nasdaq: MTIC - news - people ). In this cozy company, SCO even leases its office space from Canopy--a fact disclosed in Securities and Exchange Commission filings, along with the fact that SCO's chief financial officer, Robert Bench, has a side job as a partner in a Utah consulting firm that last year billed SCO for $71,200."

    If this isn't some strange form of inbreeding, I don't know what it.

    The SCO family tree just goes in a big circle.

    --
    Mikey-San
    Karma: +Eleventy billion (mostly affected by watching Celebrity Jeopardy)
    1. Re:Family trees by Mikey-San · · Score: 1

      Don't know what /is./

      I previewed and everything. Meh. Nap time. (Work? Bah!)

      --
      Mikey-San
      Karma: +Eleventy billion (mostly affected by watching Celebrity Jeopardy)
    2. Re:Family trees by Wandersmann · · Score: 1

      Remember Jeff Foxworthy's "You may be a redneck if your family tree does not fork." :-)

  84. It kills any 'trade secret' nonsense by FreeUser · · Score: 4, Interesting

    But, even if they retain the rights, the fact they had them published publicly make the source open knowledge, no ?

    It certainly nukes any 'trade secrets' litigation that references that code, but with SCO's ever mutating rhetoric and accusations, it really amounts to just another stone in the pile which as become a mountain of evidence that SCO has no case, no legitimate claims whatsoever, and is merely grandstanding dramatically in a burnout that will amuse those watching, enrich their patrons (Microsoft and the other mystery party that I am becoming convinced may well be Sun Microsystems), and in the short term hurt, but in the long run vindicate with a vengeance, both GNU/Linux and the free software/open source paradigm.

    We know their claims are nonsense. We know their complaint (while it must be taken seriously and fought) is groundless. We know that, were the government at all willing to enforce anti-trust law, Microsoft would not be daring to underwrite this, and we know that, were the justice department at all interested in enforcing corporate law in general (against, say, the likes of Enron and WorldCom), that most of the board of directors of this letigious group would be under serious investigation for stock market manipulation and insider trading, starting now and continuing through the end of the trial, when it will with near certainty be proven that (a) they never had a case, (b) they knew this and (c) they have violated the copyright of Linux and perhaps other projects consistently, over a long period of time, and continue to do so today (they are still distributing Linux today even while claiming their alleged code isn't under GPL).

    With respect to the article itself, these people are certainly letigious thugs, and they should be taken seriously, but lets not forget the author's bias, where he frequently refers to free software developers and enthusiasts dismissively as "crunchies," so while it is interesting to know what sub-human filth comprises SCO and its umbrella group, this isn't really anything new, and the article's spin (which is an underscoring of FUD, really) contains a rather transparent and quite significant anti-free software bias.

    --
    The Future of Human Evolution: Autonomy
    1. Re:It kills any 'trade secret' nonsense by Anonymous Coward · · Score: 0

      OK, now I am confused...

      The release of Ancient UNIX undermines any trade secret violations; The SCO Group failed to register and copyrights, making accusations of copyright infringement impossible; SCO isn't accusing IBM of patent infringement, and another company owns the trademark to UNIX.

      What exactly is the basis of the case again? From what I understand it is the presence of the comments, not the lines of functions that they accompany.

      What are they going to say to the judge?

    2. Re:It kills any 'trade secret' nonsense by Anonymous Coward · · Score: 0
      they are still distributing Linux today even while claiming their alleged code isn't under GPL.

      So why haven't they been hit with a DMCA takedown notcie yet? Really, I want to know. If they are distributing this without licencse (they sure aren't GPLing) then aren't they guilty of piracy, IP theft and supporting terrorism?

    3. Re:It kills any 'trade secret' nonsense by Mansing · · Score: 3, Interesting

      the other mystery party that I am becoming convinced may well be Sun Microsystems

      Not likely ... even SCO admits that Sun is the only company with a perpetual license where Sun owns all the rights to the derivative works.

    4. Re:It kills any 'trade secret' nonsense by FreeUser · · Score: 4, Informative

      OK, now I am confused...

      Understandable. SCO is deliberately sowing confusion (not showing any evidence while screaming accusations publicly most of which can be proven false without their proported evidence, changing their accusations every five minutes, deliberately obfuscating and misrepresenting diverse areas of law, including trademark, trade secret, contract, copyright, and patent law, etc. etc.).

      IANAL, but I have been following this rather closely, at first with consternation and concern, now with irritation and amusement.

      The release of Ancient UNIX undermines any trade secret violations; The SCO Group failed to register and copyrights, making accusations of copyright infringement impossible; SCO isn't accusing IBM of patent infringement, and another company owns the trademark to UNIX.

      That is essentially correct. The only thing which could hold legal water would be a contract violation. There is some speculation that SCO is persuing some of the more onerous AT&T licensing provisions, which might give AT&T/SCO some control over IBM's own code written for UNIX system V. However, even if this 'worst case scenerio' were to be true, the provisions are so onerous and absurd that they are likely to be declared unenforcable by a court of law.

      There is further evidence that the case is extraordinarilly weak, although this evidence isn't admissable in court. Namely, SCO wants a jury trial, and while a courtroom is neutral on whether or not a jury vs. judge trial is selected, attorney friends of mine assure me that when a litigant chooses a jury trial it is almost always because they are uncertain of their case and hope to baboozle lay people and get a judgement anyway.

      In contrast, folks who have a very good case generally choose to have a judge preside over the trial, as juries are much less predictable than judges.

      So it boils down to a possible contract violation, nothing more. No copyright violation (despite their public rhetoric to the contrary), probably little or no trade secret issues given that they themselves have contributed to and distibuted Linux code long after making the allegations publicly (and continue to do so to this day), no patent violation as they do not own the patents, and as you rightly point out, no trademark violation as (a) Linux does not use the UNIX trademark and (b) they don't own the trademark anyway.

      So it amounts to some arcane contract law which, in the extraordinarilly unlikely event that IBM did in fact violate their contract with AT&T/SCO in some way and lost the lawsuit, wouldn't affect the legality of Linux in any way.

      It is all FUD and nonsense, created in a desperate attempt to extort money and defraud investors, underwritten by Microsoft and a nameless second entity, and will likely be viewed as a mockery of the beleagered American legal system for some time to come.

      "But that's just my opinion, I could be wrong..."

      --
      The Future of Human Evolution: Autonomy
    5. Re:It kills any 'trade secret' nonsense by Oryx3 · · Score: 1

      What the heck is a "crunchie", anyway?

    6. Re:It kills any 'trade secret' nonsense by shadowbearer · · Score: 1

      Note to mods:

      Parent should be insightful, not interesting.

      ok, IMO. But think about it.

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
  85. This could make things interesting.... by AciDive · · Score: 0

    If the code has not changed much then someone could do some sort of search through the code for Linux and the code for one of these ancient Unix's and see if there is any matching code. With any hope the code that SCO has been alluding to, if it exists, is in one of these ancient Unix's and someone will find it and post it to the web somewhere. With all luck it is *BSD code and is available for use anyway. Well if anyone is up for the challange now is the time to start seaarching.

    --
    "Really, I'm not out to destroy Microsoft. That will just be a completely unintentional side effect." Linus Torvalds
  86. What if the reverse is also true by Hellraisr · · Score: 1
    What if, to help substantiate their lawsuit, they actually copied Linux code into their code, THEN tried to sue on the basis that Linux has their code in it.


    I wouldn't put it past them.

  87. "Crunchies"? by John+Hasler · · Score: 1

    What the hell are "chrunchies"?

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  88. Darl McBride by kyoko21 · · Score: 2, Informative

    Anyone in the Utah area should try to give Mr. McBridge a visit. His address is here. According to MapQuest, the address appears to be in some really dense suburban area. Not what I had imagined some fancy lawyer. Though, according to Yahoo! Financials, a Mr. Darl C. McBride is also the president of SCO. I wonder what is his middle name? Any Linux Users that live on Vintage Oak Lane, or close to his house?

    1. Re:Darl McBride by m_evanchik · · Score: 2

      What the hell is this kind of post supposed to serve?
      The Linux crowd would not be best served by strong-arm mafia tactics or psychopathic stalking.

      Hit the bastard where it hurts. Sue him. Remember, that even a baseless lawsuit takes time and energy and money to be dismissed.

      Find a lawyer and think of an excuse to sue him. Hire a private detective to look into his private life. Look into his business dealings. Find out where he is dirty.

      Then use the address in the link to serve him his court papers.

      Don't break the law, use it to your advantage.

      It's just too bad that nobody reading this (nor the writer neither) will follow through with this.

      Or you can always do a Larry Flynt to his Jerry Falwell and post your artistic efforts on the web.

    2. Re:Darl McBride by kyoko21 · · Score: 1

      Unfortunately I don't have the funds to front a lawsuit. Though, without breaking out the law, a bunch of Linux Users could start moving into his neighborhood and start a local LUG in the community where he is at. That will most likely just annoy him like crazy.

    3. Re:Darl McBride by m_evanchik · · Score: 1

      How would that annoy him? Would the LUG affectuate some sort of proximity Vulcan mind meld that would show him the error of his ways?

  89. Is there a practical way to assist the defense? by dcavanaugh · · Score: 5, Interesting

    All of these facts about "Ancient Unix", predictions of SCO shenanigans, the wayback machine, etc. are obviously of some interest to IBM. Aside from commenting in Slashdot (and hoping that IBM is reading), is there a better way to share this useful research? I have nothing to offer besides a general disdain for SCO (as if there was a shortage of that), but others seem to be digging up some fine dirt.

    The OSS people have collaborative efforts on so many development projects, I think this is an opportunity to "turn the aircraft carrier into the wind" and focus the OSS "mental firepower" to sink SCO. Never in my wildest dreams did I imagine myself agreeing with IBM (on anything), but here we are. Yes, I actually want a Fortune 500 company to have its way with a [former] Linux distributor. It must be snowing in Hell.

    1. Re:Is there a practical way to assist the defense? by eli173 · · Score: 1
      Aside from commenting in Slashdot (and hoping that IBM is reading), is there a better way to share this useful research?


      Maybe mention it to Bruce Perens? He should have some connections and seems pretty approachable here; I've even seen him post a phone number...
    2. Re:Is there a practical way to assist the defense? by Anonymous Coward · · Score: 0

      Don't worry, I'm sure someone at IBM reads /.

    3. Re:Is there a practical way to assist the defense? by ron_ivi · · Score: 1
      it doesn't matter if "someone from ibm reads /."

      what matters is if the right person from IBM (or probably more importantly, the right person from Cravath Swaine & Moore) has the information.

  90. Typical for this generation by Anonymous Coward · · Score: 1, Insightful

    Has anyone noticed that this generation has a screw everyone else attitude. Why build anything when you can sue others for fun and profit, especially when I can sue a large corporate entity? Take it to the man! This generation, who grew up in the free love period, is going to screw it up for those generations before and after. This is just an example.

    1. Re:Typical for this generation by supun · · Score: 1

      Strangely enough, if you are going to associate a generation to the current problems, it's the "peace and love" generation of the '60s fault.

      I guess "peace and love" has been replaced by "litigation and profit."

      --
      :w!
    2. Re:Typical for this generation by shadowbearer · · Score: 1

      The new bestseller:

      Lawsuits for Dummies!

      Sue others for Fun and Profit!

      *runs*

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
  91. Re:Mmmmm by Brian+Stretch · · Score: 2, Informative

    The sad thing is that Forbes was the first business mag to put Linus Torvalds on its cover. They really appeared to "get it". Ad revenue wasn't so hard to come by in those blissful dot-com days, though.

    Oh well.

    Speaking of conspiracies: Is the mainstream IT media in Intel's pocket?

  92. IBM helpdesk by stock · · Score: 1
    a friend phoned to IBM helpdesk : "Hi.. hey, as of last week, we seem to be having problems with our RS/6000 machine. It starts up fine, loads AIX as usual, and then, after half an hour of so, starts writing messages to the console screen saying it needs a new license. What's up with that??"

    this happened for real as a practical joke, but its seem they still don't get it :)

    1. Re:IBM helpdesk by Anonymous Coward · · Score: 0

      Thats great. Thanks. That explains why I had to wait on hold to get through to IBM Support that day. Some of us have legitimate problems that need resolved. In my case, it was "Now, do I send my illegal AIX media back to you, IBM, or to SCO?"

  93. Re:Enough yet, tough guy? by iceT · · Score: 3, Insightful

    Where are my moderation points when I need them.

    -1 Troll.

    Sorry, guys, but this DOES matter. Linux is the POSTERCHILD for OSS and the GPL. If LINUX DOES get dragged into this, and SCO IS sucessful, the general public will most likely view all OSS and GPL software as 'risky', and everyone will be afraid to use it because of that risk of litigation.

    Does SCO have a viable position? IANAL, so I have NO idea. But I CAN see what possible outcomes would be, and what affect they could have on our post-dot-com industry.

    I'm STILL hoping for a viable alternative to the crappy quality code MS puts out. MAC ain't gonna do it... they're too desktop focused. Linux is currently the strongest contendor. If SCO wins, this could DRAMATICALLY change the face of Linux.

    --
    -- You can't idiot-proof anything, because they're always coming out with better idiots.
  94. The Real Issue by Anonymous Coward · · Score: 4, Interesting

    This contract dispute revolves around the ancient wording of the original AT&T contracts. All AT&T contracts contain wording about them owing the "derivative works". This caused some concern "back in the day" (I remember being concerned when I had to sign one...), however these concerns turned out groundless. The contract only covers true derivative works, i.e., works which included the original sources.

    Most modifications to UNIX (V6, V7, etc.) were distributed as pure diffs, i.e., ed-diffs and did not include any of the surrounding context the way that diffs do now. That means that the modifications included only the original work, owned and copyrighted by the authors and not AT&T.

    Now, the revisionist historians at SCO want to try to enforce a much stricter definition of what constitutes a derivative work. IBM clarified the contract with the famous "side-letter", explicitly claiming all of their modifications as their own property. SCO seeks to claim RCU as their property under the strict definition of derivative work interpretation of their contract with Sequent. IBM claims that when they bought Sequent, their contract clairification overrides the Sequent contract, so they own RCU now and can donate it.

    Who wins in this contract dispute? IBM, since the long history of the AT&T contracts and the various USENIX tapes supports the idea that people who modify UNIX own their modifications, not AT&T. SCO cannot swoop in and change history to suit themselves, or the desires of the Camopy Group.

    1. Re:The Real Issue by threadsafe_r · · Score: 1

      Very good. IMHO you've gotten to the real essence of SCOg/Canopy's intent. The SCOg/Canopy claims are the same w/NUMA and its interesting to see how this is evolving... nothing more than the same group of a@@holes (who bought DOS & sued MS) trying to repeat what was successful before.

      Bunch of lawyers & parasites exploiting "bugs" in contracts...
    2. Re:The Real Issue by Anonymous Coward · · Score: 0

      EgalitarianBovine makes a good point along these lines over at arstechnica:

      Basically independant "modifications" are only derivative of System V when they are bundled with System V. When bundled with Linux, they are no longer derivative.

      Of course this gets into the very murky area of what "derivative work" means in the software world. The FSF has been grappling with this for sometime to produce clear guidelines -- without much success, IMO.

  95. SCO participated in Kernel development by foo(foo(foo(bar))) · · Score: 4, Informative

    And on this linke http://web.archive.org/web/20000816145931/www.sco. com/linux/

    you will find this... "A corporate sponsor of Linux International, SCO has always supported open standards, UNIX Systems and server-based technologies and solutions that benefit business computing. Our engineers have continuously participated in the Open Source movement, providing source code such as lxrun, and the OpenSAR kernel monitoring utility. We offer a free Open Source software supplement that includes many Open Source technologies as well as making our commercial UNIX products available free for non-commercial use. "

    1. Re:SCO participated in Kernel development by Anonymous Coward · · Score: 1, Informative

      That SCO writing that page you link to on the wayback machine isn't the same SCO that's suing right now. The name SCO has been hijacked by a group of pump'n'dump promote-scheme pushers, according to that Forbes article.

      The old SCO, that's now known as Tarantella, well, they mighta made a klunky version of Unix, but at least they were relatively understanding of the Unix market.

      - David

  96. Re:You can see the form here to get the Ancient Co by pair-a-noyd · · Score: 1

    Not anymore. That just went bye-bye...
    Hmmmmm.... I smell a conspiracy here...

  97. Bastard by Cackmobile · · Score: 1

    Those guys are the worst type of scum. I would have thought something that happened before you bought the rights to something would be void. Same as buy a house that has unpaid bills on it by the previous owners. You don't have to pay them. If Linux does have the code it was implemented way before they bougth the rights. therefore it should be void becuase they should have known about it when they bought it. aarrrghgh me get angry

    --
    -- Karma Karma Karma Karma, Karma Chameleon - Boy George
  98. Why is RMS keeping quiet? by suds · · Score: 1

    What I dont understand is, the most political(?) and idealistic of us all, RMS is keeping quiet. He hasnt opened his mouth since the whole drama started.
    Wonder what he is thinking...speak now RMS.

    1. Re:Why is RMS keeping quiet? by Anonymous Coward · · Score: 1, Insightful

      Would you really want RMS in the spotlight speaking out in support of Linux? It might do more harm than the lawsuit :)

  99. McBride bought 7K shares at .001/share on Friday by isn't+my+name · · Score: 5, Interesting

    McBride purchased 7003 shares at .001 dollars per share. That's right. He paid $7 for for stock worth around $70,000 at the current overvaluation.

    The more interesting thing to note is section 15. It shows that after purchasing these 7003 shares, he owned 15003 shares. That implies that he only had 8000 shares before the purchase. However, if you look at some earlier forms 4 for him, you'll notice that in March of this year, he acquired 200,000 shares of stock.

    This means that there must still be some forms 4 in the system that have not made it into EDGAR online yet. Unless, I'm reading this wrong, sometime between March and now, McBride dumped over 200K shares of stock. I'd love to see an SEC investigation of all of this.

    Here's a link for SCO related SEC filings.

  100. What about Squatter's Rights In the Code? by GeekFunk · · Score: 1

    I'm not a learned counsel with respect to intellectural property. But, does anyone know whether is an analogous doctrine in intellectural property law of the notion of "squatter's rights?"

    A squatter on land can earn legal title to the land upon which he squats if he squats for the statutory period of time. The legal term for sqatter's rights is title by adverse possession.

    Otherwise, might SCO have lost its property rights by something like abandonment of the rights to the public domain?

    1. Re:What about Squatter's Rights In the Code? by SillySlashdotName · · Score: 1

      A squatter on land can earn legal title to the land upon which he squats if he squats for the statutory period of time. The legal term for squatter's rights is title by adverse possession.

      Kinda correct. A squatter on land against the owners wishes can earn title to the land upon which he squats if he squats for the statutory period of time. That is WHY the legal term for squatters rights is 'title by adverse possession'.

      If you own property in STATE$ and I move onto it, you don't automatically lose title just because I was there for XX days/months/years - ESPECIALLY if you did not even know I was there, or if you knew I was there but you allowed me to be there. However, if you told me to get off your property and I didn't, you fenced your property and you put a lock on your gate but I climed over, etc., but you never had me forcibly evicted or called the police authorities, THEN I could claim title by adverse possession - basically you would not enforce your property rights, so you lost them.

      This is pretty much equivalent to trademarks, where you either defend them or lose them. I don't know how that compares to IP laws.

      I especially have never heard of a doctrine where you lose your IP rights, and somebody else gets them just because you did not fight hard enough for them.

      I think SCO(Caldera) did not abandon their rights to the public domain, I think they freely gave them while knowing what they were doing but now see a source of revenue so are overlooking that fact.

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
  101. Not the code in the lawsuit by kikta · · Score: 2, Informative

    Check the link, though. The latest code they offer is System III. SCO's suing over System V. So the link is interesting, but not as helpful as we would like (if at all).

  102. Then stop using Linux. by Anonymous Coward · · Score: 0

    SCO is going to end up *owning* Linux. IBM will be forced to settle their problems at great expense. I have confidential information about both parties that few in the public know about, and am busy right now hastily converting all my Linux systems to FreeBSD and OpenBSD which will remain immune to SCO's blackmail/extortion.

    1. Re:Then stop using Linux. by Anonymous Coward · · Score: 0

      Oh? You do? Then aren't you duty bound to the open source community as a good person to release this information?

  103. Redmond, Wa, Vista.com, incest and brotherly love by theolein · · Score: 4, Interesting

    I try to keep an overview of the facts pertaining to this case and it seems as if the quote "professional litigious bastards" has more to it than first meets the eye. Consider the newer bits of info that become apparent in this article:

    According to the article it seems very likely that the Canopy Group is involved in some kind of scheme in which the companies it owns buy one anothers stocks in order to push up interest in that stock which is then sold to outsiders at a profit, only to be later bought back, again at a profit, when the stock tanks once again. The sudden boost in SCO stock since this case has begun is indeed very reminiscent of what is described on the Forbes page.

    Not only this, but it seems as if these groups of companies specifically look for cheap old products that they can buy and then use as ammunition in IP lawsuits. It also looks as if they specifically look for employees who have experience in litigation, such as Darl McBride, who has yet to show any knowledge of Unix or software whatsoever apart from the fact that it has lines.

    Added to all this, it seems as if this company specifically teams up with whoever is willing to be a vested interest in order to sabotage some other companies market. The mention of Redmond Wa, Vista.com as well as the knowledge that Center 7 and SCO were trying to port Active Directory to Unix says a lot to me in terms of the word Microsoft and Microsoft's common tactics of sabotaging with underhand tactics anyone who gets in it's way.

    I do start to see the MO of this suit: Go for as many points as possible, no matter how remotely removed they are from the actual suit itself, because this generates DOUBT amongst managers and shareholders, who routinely have no knowledge of computers whatsoever. No matter how long this actual suit carries on, SCO can make a profit on it's stock which it's managers are now unloading on outsiders, which they will then buy back when the stock inevitably tanks.

    SCO, in fact the entire Canopy Group's main line of business is simply making money. This may sound obvious, but think about what it means. It means they have no interest in any real product and simply want to make money in any way they can. They might very well have released the "ancient Unix" code years ago for the sole purpose of trolling for some suckers to misuse their code. To me, usually when some American company starts sprouting BS in the form of "so that users can share experiences and code with developers, mafiosi etc" I know it's a lie.

    I think that IBM is very right to take this case to court as was CA to continue their case. I think IBM is going to wait until enough evidence has been released in order for them to counter sue SCO and it's parent into the ground. The details of this case will be very interesting in that I expect SCO's indirect dealings with Microsoft to come to the for eventually.

    The only thing that really worries me personally, as a MacOSX user, is that Apple has based it's browser on Trolltech's Qt toolkit. If Trolltech is indeed owned by Canopy (stupid fucks, how could they let that happen), then it could very well be yet another bait. KDE might have some huge potential problems comming up as well.

  104. Is it just me? by NeuroManson · · Score: 5, Funny

    Or does SCO seem to be more and more like the black knight from Monty Python and the Holy Grail?

    IBM: You fought well sir knight, but the battle is mine.

    SCO: Tis but a scratch!

    IBM: A scratch?! I just took your arm off!

    SCO: It's just a flesh wound!

    ETC ETC ETC.

    --
    Just because you can mod me down, doesn't mean you're right. Shoes for industry!
    1. Re:Is it just me? by pair-a-noyd · · Score: 0

      mod parent up funny!!

    2. Re:Is it just me? by kayen_telva · · Score: 0

      jesus
      ...thats only the fifth time in 3 days someone used that skit

  105. Ancient Unix weakens their case substancially by Basje · · Score: 4, Insightful

    The SCO-IBM case is centered around two assumptions:
    1. Unix Source went into Linux
    2. This was because of a violation of an agreement SCO had with IBM

    Now that it seems that the Unix sourcecode was in the open, how will they ever prove that IBM put it in Linux, breaching the agreement? Anybody could have done that, if the source code was copied from Unix to Linux at all.

    --
    the pun is mightier than the sword
    1. Re:Ancient Unix weakens their case substancially by Anonymous Coward · · Score: 0

      Unfortunately, the Unix code they have released is not the same as the code in question. And Sys V is not derived from this ancient version (completely). I donâ(TM)t think that the fact they released this ancient version will have anything to do with the case.

  106. SCO Again!!! by Unleashd · · Score: 2, Funny

    Blah Blah Blah SCO Blah Blah Blah SCO Blah Blah Blah SCO Blah Blah Blah Blah Blah Blah Blah !!!!!! So ends the SCO rant!

    --
    We don't need no stinking sig!
  107. It doesn't matter by Anonymous Coward · · Score: 1, Interesting
    It's obviously meant as a disparaging term of some sort.

    And the author certainly seems enamored of SCO because they won a lawsuit over IP in the past. Heck, "they always get their way".

    That arrogance is going to get SCO eviscerated. IBM takes no prisoners in the courtroom - expecially when it comes to IP. Without IP, IBM would be selling boat anchors.

    It's probably going to take a while - maybe even years - but IBM will squash SCO and put McBride's head on a pike as an example for anyone else who wants to try a shakedown of Big Blue.

    Why's IBM been quiet in the face of SCO's assault? Two reasons, IMO: making a counter noise would be unprofessional and undignified, and IBM never takes any lawsuit lightly.

  108. What about SCO's copyright infringement on Linux? by Anonymous Coward · · Score: 0

    Aren't any of you guys aware of the fact that SCO included Linux code, that is under GPL, in their LINUX compatibility layer? They did so after stripping the GPL copyrights out of the code. Can you imagine how many kernel contributors have the right to sue SCO for infringement? And, if you sue them first and SCO is found to be infringing then SCO looses the right to sue anyone else for infringement!

    As of yesterday, SCO has already been put on notice by one Linux kernel contributor to stop distributing any variant of UNIX because of infringement.

    So, lets get the legal ball rolling against SCO for stealing the Linux Kernel code!

  109. WTH is "skunkware" ??? by pair-a-noyd · · Score: 1

    Here's a bunch of LARGE ISO's that I thought I might download and look at labeled as Skunkware.

    Any idea what the hell it is???

    ftp://ftp.iso.caldera.com/pub/skunkware

    1. Re:WTH is "skunkware" ??? by NeuroManson · · Score: 1

      Quote from http://www.sco.com/skunkware/faq.html

      SCO Skunkware is a collection of useful and entertaining software for use on SCO platforms. The CD-ROM contains many public domain or freely distributable programs including the GNU C Compiler, GNU utilities, audio drivers, Technical Library Supplements, graphics libraries, games, audio and video tools, graphics utilities, and much much more.

      There is a slide presentation on Skunkware, its history, contents, etc which Ronald Joe Record presented at SCO Forum 98.

      The current release of SCO Skunkware is intended for use on OpenServer, UnixWare 7 and Open UNIX 8. Previous releases of SCO Skunkware provided tools ported to SCO ODT, SCO UNIX 3.2v4, and even SCO Xenix.

      *Hmmm, I think it's time for some OSS authors to yank permission from SCO's usage of their software, since they're *technically* making profits from OSS (sure it's indirectly, but how long til the OSS authors come under legal action from SCO?).

      --
      Just because you can mod me down, doesn't mean you're right. Shoes for industry!
    2. Re:WTH is "skunkware" ??? by Capt.+Mubbers · · Score: 1

      Where in the GPL does it say that you cannot make a profit?

      --
      "Watch the skies, keep watching the skies"
    3. Re:WTH is "skunkware" ??? by NeuroManson · · Score: 1

      In the case of open source, IMO the authors should recieve a cut of the profits in the event their software is added to a package intended to be included in a retail product.

      Additionally, since SCO will inevitably take the battle to Linux developers, the logical step should be to take away their licensing to use OSS to promote their own product.

      --
      Just because you can mod me down, doesn't mean you're right. Shoes for industry!
  110. Actually that's not their strategy. by Anonymous Coward · · Score: 0

    It won't work. lawyers don't have a sense of humour. This is more likely their strategy.

    -._=-._=-._=-._=-._=-._=-._=-._=-._=-._=-._=
    SC O Lawyer> Your honour, I accuse IBM of A, B, and C.

    IBM Lawyer> Your honour, that's proprosterous because....

    SCO Lawyer> And I also accuse them of D, E, and F.

    IBM Lawyer> Just a second, I haven't finished explaining about A.

    SCO Lawyer> And I also accuse them of G, H, and I.

    IBM Lawyer> Okay, getting back to A. That's clearly ridiculous because.

    SCO Lawyer> And I also accuse them of J, K, and L.

    IBM Lawyer> ...usary is illegal.

    SCO Lawyer> And I also accuse them of M, N, and O.

    IBM Lawyer> Dam, I forgot the next point. Court Appointed Typist, would you read their next complaint.

    SCO Lawyer> And I also accuse them of P, Q, and R.

    Court Appointed Typist> Sorry, the SCO's Lawyer's mouth is moving faster than I can type. I'll give you want I have when I'm done.

    SCO Lawyer> And I also accuse them of S, T, and U.

    [....three years and twelve court appointed typists later....]

    SCO Lawyer> And finally, I also accuse them of infinity, infinity+1, infinity+2. Now Mr IBM Lawyer, what do you have to say for yourself?

    IBM Lawyer> Your honour, with this volume of charges, it'll take three lifetimes to answer them. That's longer than I have to live.

    SCO Lawyer> So you admit that you can't answer the charges.

    IBM Lawyer> No sane person would accept any of the changes.

    SCO Lawyer> So you admit that you can't answer the charges.

    IBM Lawyer> It's physically impossible to.

    Court foreman> Your honour, I move to find the defendant guilty as changed.

    IBM Lawyer> But we haven't finished presenting our case.

    Court foreman> We can't wait here three lifetimes. My life has left me. My children no longer recognize me. My boss thinks I'm in jail. Any more of this case and I'll commit myself to the funny farm.

    Judge> I sympathize Mr Court Foreman. I haven't seen the sun in 3 years and don't relish the thought of being inprisoned in this court room the rest of my life with an SCO lawyer either. The case goes to the SCO....Now where did I put my Aspirin and Prozac?

    1. Re:Actually that's not their strategy. by Anonymous Coward · · Score: 0

      Maybe they will wall it off and all leave. Only he won't be telling the truth so He will be able to tell it for quite some time. (hitchhikers reference)

  111. Re:Enough yet, tough guy? by mcgroarty · · Score: 3, Informative
    We need an icon for this.

    So you're like -- interested in all the countless other stories using the Caldera icon, but not the SCO vs IBM stories?

    Turn off the Caldera stories in your user preferences, then hush and enjoy your peace while the rest of us keep an eye on the most important thing to happen to free software this century.

    I'll bet you use Mandrake.

  112. Until this SCO stuff is over... by erat · · Score: 1

    ... don't you think it would be wise to NOT look at the "ancient UNIX source code"? I don't care if SCO used to give it away. They used to do lots of things differently. If it was safe to look at it would still be available through a sco.com machine.

    For all the kudos folks are giving the guy who wrote the 2000 LinuxToday prophecy, it amazes me how few of you are heeding his warning.

    Leave the sources alone. There's nothing you can find there that defendants of SCO's legal actions won't find themselves, and besides, reading code is boring. Go outside or something.

  113. Bill Baxter's prediction by Anonymous Coward · · Score: 0

    Quick!!! Someone find Bill Baxter! Then we can sue SCO for stealing his idea! :)

  114. Simple Solution by Jman314 · · Score: 1

    Preferences link at right, exclude stories section, Caldera check box. Every story thus far has had the Caldera topic, and every Caldera story is the whole SCO/IBM thing, so it would be safe to exclude it.

    The beauty of this is that it can be applied to anything you don't like or are not interested in as well.

    1. Re:Simple Solution by Jman314 · · Score: 1

      I must not be awake yet: any /. user can tell you that the preferences link is on the LEFT side... oh well, you get my point.

  115. BITING THE TROLL THAT FEEDS YOU by Anonymous Coward · · Score: 0

    At worst, SCO would sue IBM for $3 Billion, and Linux running kernels post-2.5.x (From what I've read, that's where most of the IBM code is) will be rendered inoperable until the aforementioned code is taken out. Note: I didn't say replaced, as that code is a derivative work of SysV code, and anyone who worked with the old code would probably legally be considered "tainted", and any replacement work would be required to be redesigned from the ground up.

  116. What Forbes misses by Todd+Knarr · · Score: 4, Insightful

    The Forbes writer missed one thing: it isn't the Linux companies SCO and Canopy are suing, and against the company they are suing they're relatively small fish. IBM is the defendant named in their lawsuit. Remember the IBM-DOJ antitrust suit? The one that IBM fought to a standstill for 20 years? The one that IBM effectively won?

    The Linux people may or may not be right, but IBM's saying SCO is blowing smoke and IBM has the legal department and the paper trail and audit trail procedures in place to be certain they know what they're talking about. And this suit is a direct threat to their core business, they aren't going to take it laying down nor pull any punches in dealing with it.

    1. Re:What Forbes misses by bstadil · · Score: 3, Insightful
      The one that IBM effectively won?

      A Pyrrhic victory if indeed they won. (It was a settlement)

      IBM was so scared of antitrust that they lost all aggressiveness in the market place.

      They could have ruled the Mini by buying DG or even Dec and leverages their Mainframe SW portfolio. Similary with SQL that they invented. They were too timid, and Oracle got to be big.

      On an aside. Microsoft was much better behaved when the DOJ was breating down their neck. I was hoping this case would have gone on forever as this seems to be a much better remedy.

      --
      Help fight continental drift.
    2. Re:What Forbes misses by Anonymous Coward · · Score: 0

      IBM effectively won?

      Is that why I haven't used an IBM PC or PC-related software product since 1990?

      Is that why IBM pushes Compaq, Gateway, HP, and Dell into near obsolescence, relegating them to niche also-rans?

    3. Re:What Forbes misses by gmhowell · · Score: 1

      Who was lead counsel for much of that IBM-DOJ fight? David Boies. The same David Boies who is leading the charge for SCO.

      Interesting.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    4. Re:What Forbes misses by Anonymous Coward · · Score: 0

      In your victory is your defeat,
      and vice versa...

      Besides getting scared and losing aggressiveness, the antitrust suit did something else. The company is generally ethical to a fault. That should serve in good stead, now.

      Since others have dismissed the merits of the case, and begin talking politics, scandal, and dollar justice...

      First, I have no idea whatsoever how big IBM's political contributions are. But the company has hundreds of thousands of employees, well compensated (taxpaying, too) considering today's economy. Linux is the lynchpin that has reinvigorated mainframe sales as well as help to unify IBM's diverse product line.

      In today's economy, which company would you rather damage, SCO or IBM? I'd say that's today's biggest political concern.

    5. Re:What Forbes misses by Anonymous Coward · · Score: 0

      They were small fish when they sued Microsoft over DR-DOS, but they wound up getting a good settlement.

    6. Re:What Forbes misses by pyrrho · · Score: 1

      I don't think so. IBM was getting slow and dodgy. Aggressive in business? Owned the mini-market... ah, maybe, but why didn't they invent that market in the first place?

      IBM needs competitors. IBM has always had a good reputation for engineering, they can win that battle, but the battle against themselves, being the only thing in the landscape. They need Oracle (too poop on (sorry, couldn't resist)).

      --

      -pyrrho

  117. Re:Unfortunately, they didn't release System V sou by pair-a-noyd · · Score: 1

    Anyone remember SCO Xenix on the Altos??
    I had a copy of that laying around a few years back but it got lost moving back around '88 or '89... :-(

  118. And Then... by oldstrat · · Score: 4, Insightful

    .
    If you read the article, you'll see that the current SCO was formerly Caldera. Caldera bought the Unix rights from SCO, the old SCO became Tarantella (which was one of their products IIRC...), and then Caldera renamed to The SCO Group.

    Which pill makes me small?

    Seriously though, this is going to be part of what hurts NewSCO if this ever get's to the courts.
    They are going to have a darned hard time showing what they really own, what they stole, and what was borrowed... long before they ever became NewSCO.

    The wiggle room that they have built into thier complaint is they are not really using copyright, or patent as the basis for the suit, they are using contract law.

    And they are alleging the transfer and or use of 'Unix Methods and proceedures'. This is a fuzzy area that may not even be answerable.
    Part trade secret, part dogma. If you didn't know about how to do something, or that something could be done, you might never have developed it yourself, even without using the original Unix code, or seeing the affect.

    Might be true, might not, but the contract kinda binds you up and makes you liable, even if you didn't peek under the covers.

    These are the kind of arguments that RMS had for creating GNU in the first place.
    Owning code is one thing, controlling ideas is another, and what SCO is attempting is not protection of code, but restriction of ideas.

    The temptation is to throw out the phrase UnAmerican right about here, but that's not right. Corperations are not American, or Canadian, or Egyptian... they are just big money making machines that have more rights, fewer morals, than individuals and total disregard for anything but more profit/power.

  119. GPL was indirectly tested by linuxislandsucks · · Score: 1

    via the BSD Lite AT&T case.. read the transcript..

    The hacker sone that cae through setlement and will win this one as well..

    --
    Don't Tread on OpenSource
  120. I don't think it'll be today by twilight30 · · Score: 2, Interesting
    Look, we (most of the posters here) might be on one side, and SCO on another, but they didn't sue Red Hat. They didn't sue SuSE. They sued IBM:
    • ... because they worked with IBM on Monterey
    • ... because IBM has deep pockets

    As has been stated ad nauseam, IBM has also a big legal team, backed by the biggest share of patents in the US.

    SCO management appears to have bitten off a bit more than they can reasonably chew. At this point, if they had a bit more sense, they would have either approached IBM calmly with ideas towards making Linux better in their own long-term interests (unlikely, but anything's possible), or attempted to reach some form of settlement.

    Saying as they have done that IBM rebuffed them, and even threatened to eat their business, is to my mind just a lot of huff.

    I think the Forbes writer may have had a point on first glance, but further examination pretty negates it totally. My 2 cents, anyway.

    --
    ========================================
    Death will come, and will have your eyes
    -- Pavese
  121. Hmm - Linux is home free but IBM may be f**ked by RevMike · · Score: 1
    IANAL - but I play one on /.

    Note that SCO has not made copyright or patent claims, but trade secret claims.

    There are mutliple types of IP, some of which have legal protection and some which don't. Copyrights and patents have legal protection. Trade secrets, however, are protected only to the extent that the owner manages to keep a secret. This was a deliberate choice of the founding fathers. Protecting copyrights and patents (for a limited time) encourages innovators to publish their work, which is good for everyone. Trade secrets are, by definition, unpublished - which is bad for progress.

    Trade-secrets are protected by various forms of non-disclosure agreements. However, if some party in contract to you disclose the trade-secret, the recourse is to sue for damages.

    [I]f someone innocently receives trade secret rights, it will be very difficult to enjoin them from use or further disclosure of the trade secrets. Thus, IBM may need to pay SCO damages, but now that the secrets are widely known, SCO cannot attack Linux.

    If SCO had a patent or copyright claim, Linux would be screwed. But SCO only has claims against those in "privity of contract" to not disclose.

    Primer on trade secrets.

  122. What crunchie really means. by Skreech · · Score: 3, Informative

    In the army, infantry are refered to as "crunchies" because of the sound they make while marching in formation. Crunch, crunch, crunch. So they're the crunchies.

    In context, she was referring to the army of Linux developers, and specifically, the ones doing the dirty work.

  123. BULLSHIT by Anonymous Coward · · Score: 0
    The moron who wrote this stupid bullshit article didn't check their facts. The Caldera Ancient UNIX release was "Open Source". But it didn't cover the version of UNIX that they are suing IBM over (System V), just the predecessors to 4.4BSD.

    Caldera offered up the "ancient" UNIX code under a BSD-style license. OpenBSD, in particular, took advantage of this opportunity and uses several of the tools to replace GPL-licensed tools.

    Kirk McKusick was able to release his 4-CD BSD set after Caldera opened things up. You had to have an AT&T Ancient Unix source license to buy his 4-CD set which contained every BSD ever released. But then Caldera opened it up and Kirk was able to sell it to anyone. And the *BSDs started using a bit of the code in their own systems.

  124. This could hurt SCO's claims badly by Anonymous Coward · · Score: 0

    My understanding is that trade secrets protection is invalidated if the owner of the secrets publishes them.

  125. When does this go to trial, anyway? by Dr.+Manhattan · · Score: 1
    The FUD stops when this gets to a judge.

    So, when is this supposed to get in front of a judge? I need to know when to short SCO...

    --
    PHEM - party like it's 1997-2003!
  126. Not the point that is being missed by isn't+my+name · · Score: 1

    The fact that SCO has published their code has absolutely nothing to do with this case.

    Actually, if the code involved in the IBM lawsuit has been published, specifically published by someone other than IBM, then it would be rather devastating to the current set of charges from SCO. SCO is suing IBM for violation of trade secrets. Trade secrets don't have patent or copyright protection in and of themselves. In fact, if they become public, they are no longer secret and thus the public availability of a trade secret is a defense against violating trade secrets.

    However, this isn't the point being missed with this code. As other posters have pointed out. This code relates to older versions of Unix (specifically code for a PDP-11, I believe). This code does not contain the specific items that SCO has recently mentioned as being infringing: NUMA, RCU, . . . .

    I still think SCO is full of it, but this revelation probably doesn't have much to do with the case, which is what you were saying but just not quite for the reasons you mentioned.

  127. Oh, I love this: by roystgnr · · Score: 1

    SCO claims no ownership interest in any portion of such a modification or DERIVED BINARY PRODUCT that is not part of a SOURCE CODE PRODUCT.

    If I'm reading this right, then even if IBM did manage to get themselves into a stupid "we have rights to any operating system code you write after looking at our SysV code" contract with AT&T, it should be superceded by the "any modified code you write that isn't part of our original code isn't ours" contract that SCO offered everyone later.

    1. Re:Oh, I love this: by bovinewasteproduct · · Score: 1

      The only problem is that IBM's license is for SysV and the license distinctly excludes SysV...

      BWP

  128. If they were above market rates ... by burgburgburg · · Score: 1
    then your sub-company was increasing expenses and lowering it's profitability to the advantage of the parent company, Canopy.

    If you'll read my comments, I suggested that option.

    1. Re:If they were above market rates ... by srpayne · · Score: 0

      So you are suggesting that Canopy overcharges a company that THEY FUND...... how on earth is that beneficial canopy? I can see it now...."hey.... let's overcharge our own companies..... because we like to see our money go around in a circle!"

      --

      F******* LOUDER! I CAN'T HEAR YOU! --Ozzy Osbourne
  129. I'm not so sure of that. by MickLinux · · Score: 4, Insightful

    I can imagine that IBM might care about the GPL. After all, it gives them:

    (1) a free, very dedicated, and huge developer base for code that runs on their systems

    (2) A ton of good will from said coder-base, thus sales into the future are much more likely

    (3) It helps keep down that upstart competitor from the NorthWest.

    At this point, there are just too many computer-savvy people to make "Only IBM" a reality. The code will be developed, one way or another. So IBM's best bet is "IBM at the head of the stack of everyone." Since IBM has invested in Linux, IBM does have reason to push development under Linux.

    These reasons lead me to believe that yes, IBM does care about the GPL. Not for the sake of the GPL, but for the sake of their own business. So I'd say that their motivation is dual, and if given a choice between "let SCO destroy Linux, and we squash SCO" and "squash SCO before SCO destroys Linux", they'll likely choose the latter, even defending Linux in court.

    When it's the masse rabble against the castle, it's usually a ton better to be the guy directing the rabble, than to be the guy in the castle. Especially if the guy directing the rabble also has access to a ton of munitions. I think IBM has already chosen their spot, and that's where they'll be. This one doesn't look to me like what America pulled on Iraqi Sikhs ("yeah, rise up, and we'll support you, probably").

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
    1. Re:I'm not so sure of that. by AdEbh · · Score: 1

      I don't think that the Sikhs rebellion was going to amount to much but I see your point.

    2. Re:I'm not so sure of that. by shadowbearer · · Score: 1

      Yup, well said.

      Back in the '80s, I hated IBM...equated them to the MCP and Dillinger in the movie Tron, for their business tactics and lack of morals.

      Now, I'm cheering them on. They finally figured out what side was best to be on...not because of morals, but because they seemed to have woke up as to what works the best and what's best for their own bottom dollar.

      Go, IBM. Nuke SCO into the ground :-)

      Just please, please make sure McBride and Sontag are among the survivors who suffer. Please. Nobody deserves it more.

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
    3. Re:I'm not so sure of that. by gauss314 · · Score: 1

      But you have to admit that there is a paralell between this case and the recent war in Iraq.

      SCO: We know that there is SCO IP illegally included in the linux kernel, but we won't reveal what until the trial.

      King George: We know that there are WMDs in Iraq, but we won't reveal what until after we've invaded.

      --


      If there weren't so many damn idiots in this world, I'd just be average.
  130. Re:Wow by arevos · · Score: 1

    Um, you did check the replies to your last comment on this topic, right? Or are you just trolling? The story you link to has absolutely nothing at all to do with the "robbery" of Windows ideas.

  131. I can do this too by jandersen · · Score: 1

    Come to think of it, I own the patent on breathing and I'm going to sue everybody in the world.

    Let's be realistic - even if they had a case, who would care? UNIX is out there and there is no way that the entire world is going to pay SCO loads of cash or stop using UNIX or something like that. If the 'law' says that we ought to, then that law will have to be changed to fit reality or something.

    The way they go about it reminds me about the ravings of a manic; they seem to be losing contact with reality. A manic can be very persuasive at first, but as time wears on it becomes clear that he/she has lost grip on reality. I wouldn't be surprised if SCO soon either suddenly shut up (because somebody with a bit of sense takes over) or they start claiming 100s of billions in damages.

  132. Jerry Jones (Cowboy owner) by C_Kode · · Score: 3, Informative

    IBM should follow Jerry Jones's (owner of the Dallas Cowboys) lead.


    NFL Properties, the league's business and marketing arm, filed a $300 million lawsuit in September 1995 that challenged licensing and sponsorship agreements involving Jones and Texas Stadium that included private contracts with Nike, AT&T, Dr Pepper, American Express and Pepsi. The suit contended those arrangements violated NFL Properties' centralized licensing and marketing role.

    In response, the Cowboys filed a $700 million lawsuit in November 1995, charging that NFL Properties' centralized role violated antitrust laws. The suit also claims the Texas Stadium sponsorships don't involve Cowboys trademarks and are consistent with NFL Properties' rules.


    The NFL backed off because they were going to get stomped. (They don't own Texas Stadium; The Cowboys lease it from Jerry Jones even though Jerry Jones own both the Cowboys and Texas Stadium)

  133. Not likely a trade secret now by Anonymous Coward · · Score: 0

    The original post links a message mentioning SCO hoping some of the code winds up in Linux so they maybe can sue for copyright infringement.

    Its not sue-ing for copyright infringement now. Even if not the same versions, its very likely those released versions share similar code. As well as SCO's own GPL Linux, Novel owning the patents and possibly the copyrights in part or whole - its still registered with them not SCO, not owning the trademark name, &ct.

    The question is, can the people at SCO and the lawfirm representing them be held accountable for their personal assets, down to the last penny in their bank account, and brick in their driveway?

  134. SEC investigation. by Anonymous Coward · · Score: 0

    I'd love to see an SEC investigation of all of this.

    There already is one underway... but you just won't be "seeing" it anytime soon.

  135. That's not Fair by pommiekiwifruit · · Score: 1

    You mean Legal versus Equitable? :-)

    1. Re:That's not Fair by Anonymous Coward · · Score: 0

      Yes. That's nice choice of a word

    2. Re:That's not Fair by pommiekiwifruit · · Score: 1

      Of course Equity allows for injunctions as well as fines, but hopefully they go to the right side...

  136. Re:Enough yet, tough guy? by Anonymous Coward · · Score: 0

    You Sir, are a fucking idiot.

  137. Another cool comment in the Linux Today thread by theophilosophilus · · Score: 5, Funny

    The comment

    Richard N. Turner - Subject: I'm Reminded of An Old Post... ( Feb 23, 2000, 15:39:02 )

    ...that someone made on an online discussion, oh, about a year ago. It cracked me up so I saved it:

    ``SCO should do the industry a favor and disband, pausing only to bulk-format all their drives so that none of the evil source code can inadvertently escape into the world. Their marketing people and their tech support people should be sent to camps to be retrained for professions more suited to their skills and their buildings should be torn down and burned.''


    I think thats a bit prophetic.

    --
    Why have 1 person driving a backhoe when you could employ 20 with shovels?
    1. Re:Another cool comment in the Linux Today thread by sharkey · · Score: 2, Funny
      Their marketing people and their tech support people should be sent to camps to be retrained for professions more suited to their skills

      How much training DOES it take to make a Big Mac?

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    2. Re:Another cool comment in the Linux Today thread by IamLarryboy · · Score: 1

      "How much training DOES it take to make a Big Mac?"

      2 four hour shifts.

      ...

      I think I am going to go cry now.

  138. No, it wouldn't be wise by roystgnr · · Score: 3, Insightful

    Not looking at their source code would simply perpetuate the idea that there is something magical about software copyright that isn't the same as literature copyright, music copyright, etc. If you're a writer, do you avoid reading any material written by someone else? If you're a musician, are you afraid to listen to anyone else's copyrighted song? Of course not. As a programmer you shouldn't have to be afraid of these things either.

    Ironically, this idea is exactly what SCO would like to encourage: they don't just want to be able to sue anyone who copies what they've written, they want to sue anyone who writes an original implementation of the same solution, or even someone who writes a different solution to the same problem!

    1. Re:No, it wouldn't be wise by erat · · Score: 1

      The stuff SCO is allegedly protecting is much more theoretical than a book or a music composition. To relate the SCO suit with a "you copied my work" lawsuit filed by an author or musician, SCO's actions would be the same as suing over someone's use of a Wang word processor to write a book, or the use of a guitar in a recorded song. Your examples describe something much more concrete and obvious and, in my view, much more justified as causes for lawsuits.

      Take the lawsuit against George Harrison for using the music from "He's So Fine" in his song "My Sweet Lord". Good grief, the only thing different between the songs is the lyrics; the music, melody, etc. are almost identical. In that case, he deserved to be sued. What SCO's trying to protect is much less clear.

    2. Re:No, it wouldn't be wise by neurocutie · · Score: 1

      That's right... People are constantly confusing the issues and requirements of patents vs copyrights vs trade secrets. Unix, at least originally by WE/At&T was protected primarily by trade secret. In that case, of course you should not look at the source lest you become contaminated. But copyrighted and patented materials can and, in the case of patents, MUST be available to the public to look at. It should be obvious then that trade secret protection and patent protection are mutually exclusive. Copyright protection is orthogonal to these issues and deals with the specific EXPRESSION of the ideas, etc and not the ideas themselves.

  139. Logo by Anonymous Coward · · Score: 1, Interesting

    When are those SCOundrels going to stop abusing Mickey Mouse in the logo? Mickey Mouse is a trademark of the Walt Disney Company.

  140. Is the Canopy/Soviet Commie Operation == Rambus? by ihatesco · · Score: 2

    This entire story reminds me of the whole Rambus affair, where Rambus sued the ass off many IT firms (even Sega) on memory related patents. Then Rambus stopped appearing on major headlines after being found of "Judge shopping". And after they pissed off everyone and disappeared, nobody today is buying their inferior products anyway. Anyway, I don't understand why they haven't taken the appropriate steps to approach this situation, that is: - contact the kernel mantainers - demonstrate that the X, Y, Z, parts of the linux kernel are in violation of SCO's IP - ask the kernel mantainers to remove the infringing parts The only thing the Soviet Communist Organization is doing is smearing swine crap all over their corporate image. I wonder WHO in the IT market will ever want after this insane show of cluelessness to have something to do with them, if they already were known for shipping inferior products (and Sco Unix was considered a D.O.A product ever before Gnu/Linux hitted the 2.0 series...)... Anyway, I am really tempted about starting a long term "send postcards to the SCOmmierats" campaign.

    --
    "I am slashbot, hear me roar!"
  141. WAY idealistic by siskbc · · Score: 1
    I can imagine that IBM might care about the GPL. After all, it gives them....

    OK, but if the GPL got weakened, how much of that would change? BSD does pretty well without it. And I imagine if some judge struck some aspect of the GPL as illegal, IBM's business plan would be scarcely altered.

    So, don't be naive enough to think that IBM's going to be the guy on the white horse coming to defend the GPL in whatever hour of need it might experience. Not goint ot happen.

    All of which negates the fact that we don't WANT the GPL to BE their defense because of the mindless spin, even if incorrect, that it affords SCO. If they lay a GPL-trap here it's basically to SCREW IBM by scaring off dipshit CEO's who hear of this "viral" GPL thing. I know it's not, don't bother telling me again, but everybody doesn't and it takes a lot of education to counter a little bit of FUD. Please, let's not go down that road, it isn't worth it.

    --

    -Looking for a job as a materials chemist or multivariat

  142. Predicted since 2000? by Rogerborg · · Score: 5, Insightful

    Hasn't RMS being predicting this since dinosaurs ruled the Earth? Remember how we all thought "Gee, Richard, aren't you being just a little paranoid?"

    He might be a slightly crazed filthy socialist hippy, but by golly, he nailed this one.

    Next up: all those RedHat "defensive" linux patents, and their sort-of-promise to temporarily refrain from suing over them. Better hope that they never get bought out by someone a little less altruistic, eh?

    --
    If you were blocking sigs, you wouldn't have to read this.
    1. Re:Predicted since 2000? by Bob+Dobbs · · Score: 0, Troll

      RMS predicted it? Yeah, well even a hypochondriac is sometimes really sick.....

    2. Re:Predicted since 2000? by Angst+Badger · · Score: 4, Insightful

      He might be a slightly crazed filthy socialist hippy, but by golly, he nailed this one.

      Damn straight.

      When I was a slightly crazed filthy socialist hippy teenager -- lo these many years ago -- one of my friends told me something that I have ignored at my peril in the decades since. She said, "Never trust anyone with sex, money, or drugs. No one. Ever."

      Like RMS, perhaps she was being just a little paranoid. But only a little. ESR, on the other hand, with his blind libertarian ideological brain lock and his belief that we could traipse hand in hand with big capital through the meadows, is the one who needs to get into closer touch with reality.

      All businessmen are about making money. Anyone who isn't finds another line of work. Some of them operate within ethical frameworks with varying degrees of rigidity. But always bear this in mind: the market is designed to be a very darwininan place. If being unethical, or even illegal (but not prosecuted), provides a business advantage, unethical and occasionally outright criminal businessmen will outcompete the ethical ones.

      Evolution does not favor the good, the fair, or the just. The reason we have a complex legal system is precisely because the good, the fair, and the just are not fit to survive on their own and require, in the form of that legal system and the larger society, a high degree of coordination and cooperation to fend off the attacks of the unfair and unjust.

      RMS sees this pretty clearly. I'm not sure his strategy -- which is essentially to win by ending the game -- can actually work when so many powerful bastards have vested interests in the game, but his basic vision is sound. ESR seems to believe that the "best" will win, but doesn't seem to realize the being the best competitor may involve exhibiting traits most of us would consider reprehensible.

      --
      Proud member of the Weirdo-American community.
    3. Re:Predicted since 2000? by sgtrock · · Score: 1
      Evolution does not favor the good, the fair, or the just. The reason we have a complex legal system is precisely because the good, the fair, and the just are not fit to survive on their own and require, in the form of that legal system and the larger society, a high degree of coordination and cooperation to fend off the attacks of the unfair and unjust.


      Actually, a case can be made that evolution does favor the good, fair, and the just. Examples abound in the animal kingdom of mutual cooperation between individuals of the same species. Enough examples of interspecies cooperation exist that the term "symbiosis" was coined to describe it.

      When you look at the vast sweep of human history, you can also see that by and large the evolution of human society has been dominated by societies where the majority had a shared vision of what a fair society was. Communities and nations frequently fell to internal and/or external pressures when the majority lost faith that their leadership was no longer working for the best interests of the the society as a whole. The majority could lose this faith because either (a) the leadership really was screwing them over, or (b) the majority found a model that they regarded as better.

      This is the fundamental principle that Jefferson relied upon when he wrote:

      We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.


      Smart man, that guy.
  143. No, they were negative. by Anonymous Coward · · Score: 0

    MickLinux here, responding A/C to A/C:

    Yes, I read them, and I would still say they are negative. Direct interview with Boeies: can that be anything but negative? Limitations of Linux: again, can that be anything but negative? I'd say no, and no.

    Do they have disclaimers, do they put in a few statements contrary to the overall emotion of the article? Yes. What you are saying is that Forbes doesn't work with hatchets; they have jeweler's knives. I'd agree.

    After going back and looking again, though, I did notice Microsoft ads everywhere. Perhaps that answers my own question. When I wrote the question, I was not aware of that. It is well documented that there is often pressure on journals, accompanied by advertising money, to start reporting from a specific angle. Can you tell me [yes or no] whether that happened here?

    If it did, then that would be interesting, because it would say that Microsoft is definitely sponsoring this lawsuit as a pattern of monopolistic behavior and as an attack on Linux, using the government and abuse of the government's laws to wipe out competition.

  144. SCO advertising by Anonymous Coward · · Score: 0
    And the banner ad at the top of my page starts with:

    Buy SCO OpenServer 5
    SysIntegrators sells & supports all SCO
    Operating Systems. Click Here.
    www.sysintegrators.com

    Good advertising!

  145. Re: LDS faith has nothing to do with it by Anonymous Coward · · Score: 2, Informative
    Consider another statement of Brigham Young when trying to determine whether LDS (Mormon) religious belief lends any support to SCO's actions:
    "What comes of litigation? Poverty and degradation to any community that will encourage it. Will it build cities, open farms, build railroads, erect telegraph lines and improve a country? It will not; but it will bring any community to ruin." -Brigham Young, JD 11:259.
    I myself am LDS, and I live very close to SCO's headquarters in Lindon. I have yet to meet a tech-savvy person in this area who is not ashamed of SCO's actions. Most wish SCO would just go away.

    Let's look at this from another perspective. The proposed link between the LDS church and SCO is based on a weak speculation that the church sees Linux as a threat to the constitution? That's a sorry guess, especially when allowing a broader analysis of Mormon history than a single quote from 1863 whose context is questionable at best.

  146. So where did all their money go? by roystgnr · · Score: 1

    Yahoo Finance reports the book value of SCOX as $0.67 per share, or roughly $8 million dollars. (Note: yes, this is about 6% of their stock prices, and yes, I am really ticked that my stock market accounts don't let me sell short)

    So how did they blow $270 million in three years? Did Microsoft bounce its settlement check or something?

    1. Re:So where did all their money go? by mj01nir · · Score: 1

      Hmm, dunno. Caldera's UNIX purchase from SCO was mostly a stock swap. Maybe the SEC should check under Darl's matress?

      --
      the no .sig .sig
  147. Sounds like Trevor Law Group by Anonymous Coward · · Score: 1, Interesting

    Sounds like a larger version of the shake down the Trevor Law Group was pulling in L.A. before they got SMACKED by KFI radio. These guys were suing little businesses for small infractions in the "name of the people" or $X amount and we'll go away!

  148. The "Cathedral" is GNU by Anonymous Coward · · Score: 0

    In ESRs essay, he was contrasting the rapid progress of Linux and the slower progress of RMS and the GNU project, not free vs. proprietary software per se.

  149. Why doesn't anyone (especially lawyers) see this? by Anonymous Coward · · Score: 1, Insightful

    One of SCO's major claims is that it owns NUMA and other IBM technologies belong to it by the AT&T "all derivative works are mine" license.

    Fine. That may or may not be true legally (I hope such a license is as illegal as usary), but it has nothing to do with Linux. Since IBM is the original creator of the IBM code, they can license it however they like. That means that they can relicense their code so that it is GPL, BSD, or shared source. SCO has no say since IBM wasn't working under a "work for hire" license.

    Contributing to Linux under these circumstances *cannot* be illegal.

    I'm really surprised that non of the lawyers in the crowd haven't picked this up.

  150. will scox be bankrupt before lawsuit is settled? by walterbyrd · · Score: 4, Interesting

    scox has $10 million in cashes and loses at least $25 million a year. These IP cases usually take at least three years, but it looks to me as if this one will take much longer.

    It looks to me like there is only one way that scox to survive until the lawsuit is settled, and that is if scox gets more fud money from sunw and/or msft.

    opinions?

    btw: scox insiders are still selling.

  151. Mr. Lyons should wake up.... by Blob+Pet · · Score: 1

    not the Linux community.

    These guys in Utah are no dummies. The crunchies in the Linux community should be paying more attention.

    What the bleepin' hell does he think the Linux community's been doing all this time? Sitting down with our thumbs up our asses? He's been eating the FUD that SCO's feeding everyone and apparently enjoying it. So what if they won a judgement against MS for the DRDOS fiasco? That was a legit lawsuit and this one looks less viable everyday. Lyons doesn't give the Linux community it's due credit and obviously thinks of it as nothing more than a religiously fanatic cult.

    If the judge who takes up this case is as stupid, gullible, and FUD-munching as Lyons then, yes, we do have a problem.

    --
    "...today consumers have been conditioned to think of beer when they see a bullfrog..."
  152. SCO didn't beat Microsoft by Anonymous Coward · · Score: 1, Interesting

    ... MS settled. SCO didn't have to beat them. MS did this the day before the Novell revelations, no doubt the timing of Novell's announcement was influenced by the timing of MS's settlement.

    l8,
    AC

  153. McBitch dumped 200,000 shares? by twitter · · Score: 1
    if you look at some earlier forms 4 for him, you'll notice that in March of this year, he acquired 200,000 shares of stock. ... Unless, I'm reading this wrong, sometime between March and now, McBride dumped over 200K shares of stock.

    Wow, that's some confidence in the outcome of this mess he's got. I suspect he knows something we all suspect! No case, no future, no value, but McBitch thinks he's going to be rich. He can swap tips with Martha soon.

    --

    Friends don't help friends install M$ junk.

  154. They may have a tough time convincing the court by Anonymous Coward · · Score: 0

    The analogy of Unix licensing with the GPL is a stretch. The GPL requires that if you link to GPL code and redistribute binaries, you must release your code under the GPL as well. You can also release the same code under any other license you want (without linking it to GPL code).

    I'm not sure that any contract that prevents IBM from using their own code as they see fit would be enforcable.

  155. My two cents: SCO days are numbered? by Viduliya · · Score: 2, Interesting

    So, once this infringing few lines (comments?) from the Linux source code is found, removed and the "F-OFF SCO!" kernel patch is released? How long can SCO live?

    I hope they take a long walk off a short branch hanging over a cliff and disappear in to nothing. I for one expect my self continue to use, modify what I see fit, contribute what I could, and distribute everything freely long after SCO is gone and forgotten. I am sure I am not alone.

  156. What the hell is a linux crunchie? by 1shooter · · Score: 1

    In other words, like many religious folk, the Linux-loving crunchies in the open-source movement are a) convinced of their own righteousness, and b) sure the whole world, including judges, will agree.

    So what the hell is a crunchie? For sure they are no more self righteous that a journalist who are always right. If you doubt, just ask them.

    --
    6F 9E A9 1E 96 9F 74 27 ED B8 81 6D 0C 4E 1E 78
    My other Sig is a 229.
    1. Re:What the hell is a linux crunchie? by Anonymous Coward · · Score: 0

      It's like a Linux Smoothie, only with peanuts.

    2. Re:What the hell is a linux crunchie? by Anonymous Coward · · Score: 0

      Bwahaha, you blew a +5 Funny for your karma by posting AC :)

  157. Prior art? by chaidawg · · Score: 1

    That post to linuxtoday is prior art to this lawsuit. I demand that the USPO revoke SCO's patent on linux litigation!

  158. Re:will scox be bankrupt before lawsuit is settled by Blob+Pet · · Score: 1

    that will depend on how long microsoft will continue bankrolling sco and for how much.

    --
    "...today consumers have been conditioned to think of beer when they see a bullfrog..."
  159. Re:Redmond, Wa, Vista.com, incest and brotherly lo by Thrakkerzog · · Score: 3, Informative

    Canopy owns 5.8% of trolltech.

    Not ownership.

    Safari has an emulation layer to make signals and slots work with khtml. I wouldn't say it is based on Trolltech's Qt.

    And even if Canopy goes nuts, there is the Trolltech/KDE agreement. Nobody can do anything about that.

  160. SCO's Waco moment by Creosote · · Score: 1
    It would also be nice if we could get someone with a boom box pumping out "the Free Software song."
    Brilliant! Pipe in Richard Stallman's rendition at 140 decibels! That ought to be far more effective in getting the SCO weasels to surrender than when the BATF blasted David Koresh and the Branch Davidians with nonstop recordings of Tibetan monks chanting.
  161. Comprehensive synopsis of SCOs entire argument by Rogerborg · · Score: 2, Funny

    All your code base are belong to us.

    --
    If you were blocking sigs, you wouldn't have to read this.
    1. Re:Comprehensive synopsis of SCOs entire argument by shadowbearer · · Score: 1

      Comprehensive synopsis of IBMs rebuttal:

      Fuck off, or we'll drop our nukes^H^H^H^H^Hlawyers
      chemicalwps^H^H^H^H^H^H^H^ H^H^H^Hpatentportfolio
      on you.

      (Shhhh...Wait For It *wink*)

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
  162. Ancient Unix Source Mirror (Still There!) by whatthef*ck · · Score: 1
    http://public.planetmirror.com/pub/ancient-unix/

    A google search for

    sco "ancient unix"

    produces 339 hits, so there's probably a lot more out there.

  163. The REAL LESSON by Anonymous Coward · · Score: 0

    Never, EVER, sell your rights - no matter how crappy and antiquated "it" might be...

    And I wait w/excitement & bated breath to read more "expert" quotes from Yankee Group analyst Laura DiDio... NOT!!! Aaaarrgghh, STUPID B(TCH. She drains all my life forces from me...
  164. When SCO wins we get to riot? by Anonymous Coward · · Score: 0

    I thought so...

  165. Re:Redmond, Wa, Vista.com, incest and brotherly lo by LMCBoy · · Score: 1

    The only thing that really worries me personally, as a MacOSX user, is that Apple has based it's browser on Trolltech's Qt toolkit.

    Apple's browser (Safari) does not use Qt. It uses KDE's khtml renderer, but translated to its own native widgets. So you have nothing to worry about. However, even if Safari did use Qt, you'd still have nothing to worry about.

    If Trolltech is indeed owned by Canopy...KDE might have some huge potential problems comming up as well.

    Bah! Canopy owns 5.8% of TT's stock. TT's employees own 70%. Pray tell, how does that mean that TT is "owned" by Canopy?

    --
    Liberal (adj.): Free from bigotry; open to progress; tolerant of others.
  166. United Front of Linux Companies. by LinuxJavaman · · Score: 1

    I do not understand why all he other Unix companies are standing by and allowing SCO to sure over linux. SCO has stated that after they when this case they were going to go after other companies involved in the Linux and Unix. All the companies that have a stake in Linux and Unix like Oracle, HP, Dell, SAP etc. should file lawsuit against SCO for unfair trade practices or some orther law to force SCO to put up or stop harassing companies.

  167. Drop UnixWare support by Imperator · · Score: 1

    I think more OSS projects should follow nmap's lead and officially drop support for SCO. That means removing UnixWare-specific documentation and Makefile code, refusing to answer questions about problems on UnixWare, and so on. Then the techs who run UnixWare will have to pressure their bosses to switch to something--anything--else. Sure, SCO seems to have an end strategy now that involves lawsuits, insider trading, and fleeing to the Bahamas, but maybe the bad press will lower their share price sooner and not allow the executives to make so much money.

    Yes, I know this hurts geeks who have to run UnixWare. But they're gonna be hurt anyway when SCO disappears, so what's the harm in forcing the issue a little early?

    --

    Gates' Law: Every 18 months, the speed of software halves.
  168. Re:Obvious question by jc42 · · Score: 1

    So has SCO/Caldera/whatever actually won any court cases? As far as I can tell from reading all the coverage, it appears that they have always "reached an agreement", i.e., settled out of court. It might be interesting to read of any cases that actually got a court decision.

    It's possible that IBM's approach is based on the "professional litigious bastards" perception, and a decision that this time they are not going to let them get away with an out-of-court settlement.

    So has SCO ever actual won or lost a court case? And if so, what happened on appeal?

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  169. Re:Redmond, Wa, Vista.com, incest and brotherly lo by _fuzz_ · · Score: 1

    The only thing that really worries me personally, as a MacOSX user, is that Apple has based it's browser on Trolltech's Qt toolkit. If Trolltech is indeed owned by Canopy (stupid fucks, how could they let that happen), then it could very well be yet another bait. KDE might have some huge potential problems comming up as well.

    Reread the article -- they got out of TrollTech and never had control of it anyway. Also, Safari is NOT based on Qt. It's based on Konquerer's HTML rendering engine and uses shim code for any Qt API calls. And the Vista.com deal is pretty irrelevant (I used to work there). SCO gets to resell Vista's web offering and Vista switches over to SCO Unix from RedHat and NT.

    --
    47% of all statistics are made up on the spot.
  170. Re:McBride bought 7K shares at .001/share on Frida by Insurgent2 · · Score: 1

    That's comparing apples to oranges.
    The 200,000 shares were for Caldera, where the 7003 (giving 15003 shares total) were for SCO. You need to find out how Caldera stock was converted to SCO stock when Caldera was bought out.
    Not sure about the $0.001 per share. Maybe it was his christmas bonus or something.

  171. actually, there is Linux code in SCO by oohp · · Score: 1

    Proof here: http://www.levenez.com/unix/ -- the UNIX family tree. See page 12, check the arrows from Linux to UnixWare.

  172. forbes article by JakusMinimus · · Score: 1

    wtf is an open source crunchy?

    p.s. fuck you slashdot by requiring me to wait 20 seconds! (this is the third goddamn time i wrote this post)

    --

    You can be an atheist and still not want to succumb to some weird cross-over sheep disease -- AC
  173. Finding Nemo by g_goblin · · Score: 1

    Why don't we just put a few drops of blood in the water and have Bruce(IBM) finally devour SCO(Dorie).

    I'm sure it is a drop in the bucket for IBM to buy SCO out compared to the lawyer fees they are going to incur in the coming months and maybe even years.

    IBM should also think about the potential customers they may lose because AIX is currently "Illegal" right now. I know I wouldn't buy an OS if I knew it was in this state.

  174. about the forbes article by MrLint · · Score: 1

    Mr Lyons does provide some interesting background, and while his warning to the 'religious' Linux users may be of value he's missing a couple of salient points.

    Even though McBride has managed to get money out of MS does not mean he will get it out of IBM. Please recall that MS was found guilty of anti-trust violations, on the other hand, IBM managed to spend the DoJ into giving up their suit.

    Also, again, this saga isn't over. SCO still has to show its evidence in court. And i have no doubt there will be a counter suit. In the discovery process SCO may need to put their code into the public record. Then we get to see if they have violated the GPL. Believe you me, the crapfest hasn't even started yet

    1. Re:about the forbes article by minkeyboodle · · Score: 1

      McBride didn't "get money out of MS." McBride had absolutely nothing to do with the Caldera that sued Microsoft. (That is what you're writing about, right?) That's yet another tangled mess that doesn't need to be brought up here.

    2. Re:about the forbes article by MrLint · · Score: 1

      sorry wires crossed there.

  175. No I am not. by Anonymous Coward · · Score: 0

    I would open myself up to grave legal consequences if I divulged my info. After all I did say it was confidential.

  176. Re:McBride bought 7K shares at .001/share on Frida by minkwe · · Score: 2, Informative

    Officially the company is still Caldera. The name has not yet changed officially. Caldera was never bought out. Caldera bought SCO's unix business. SCO is now called Tarantella, and Caldera has decided to change its name to The SCO Group.

    --
    "Fighting terrorists with millitary might is like killing a mosquitor on your Dad's forehead with a rifle."
  177. Nope, same stock by isn't+my+name · · Score: 3, Informative

    In the March trade, notice section 2. The issuer is listed as Caldera, but notice the trading symbol is SCOX. That's the same trading symbol as the Friday filing in section 2, even though the Friday one lists the issuer as The SCO Group.

    So, I'm comparing oranges and oranges. (Or maybe rotten apples to rotten apples.) Also, if you look at a 5 day intraday trading chart for SCOX, you'll notice that there were some really large volume trades on Friday and Monday. Some approaching 100K in a single transaction. This for a stock that normally averages around 200K/day total. I believe that last Friday's total was 2.4M changing hands. A lot of people unloaded a lot of SCOX stock on Friday and Monday.

  178. Utah mafia?? by Anonymous Coward · · Score: 0

    As the article points out, "these guys in Utah are no dummies."

    What they would be is criminals--not long ago, in an almost-forgotten time when "antitrust" and "regulation of business" weren't considered Works of he Devil" by the people running our government.

  179. A duel betwen two masters? by mikeee · · Score: 1

    Apparently SCO hasn't seen The Untouchables:

    Just like a wop to bring a knife to a gunfight.

  180. About SCO making their source public in 2000 by J.+Patrick+Graves · · Score: 1
    Apparently they didn't actually open source UNIX. SCO retained the rights to the code. Here's a link on LinuxToday to comments made by Bill Baxter. Seems like he had it figured out in Feb. 2000.

    Bill Baxter - Subject: Not Open Source, I'm afraid. ( Feb 23, 2000, 00:01:50 )

    Note that these releases are not open source. SCO retain rights to the source code. Maybe they even hope that some of their code will wind up in linux, so that they can then sue, and render the Linux license terms invalid. Or would they be that spiteful? My guess == yes.


    Who would have thunk.
  181. At Worst... by Anonymous Coward · · Score: 0

    ... SCO will have the courts declare that *ALL* of the Linux kernel is now legally considered to be a "derivative work" of SCO's I.P. and therefore they will have successfully, and legally, hijacked the Linux code and I.P. in its entirely, and seize ownership of all copyrights and trademark of Linux. It's going to get much nastier very soon, and IBM is going to settle with a very bloody nose since they will discover that it's the cheapest way out for them, because they screwed up... the prospect of this SCO thing wasn't even on their radar scopes, they arrogantly assumed that Caldera/SCO's purchase of the formal Sys V UNIX I.P. meant that all I.P. issues wrt UNIX were dead and gone into the past.

    1. Re:At Worst... by starseeker · · Score: 1

      "... SCO will have the courts declare that *ALL* of the Linux kernel is now legally considered to be a "derivative work" of SCO's I.P. and therefore they will have successfully, and legally, hijacked the Linux code and I.P. in its entirely, and seize ownership of all copyrights and trademark of Linux."

      Utter BS. IBM is not stupid, and has vast resources. Many of the authors are beyond the reach of US copyright laws or legal systems in any case. And development can just resume starting at whatever point it was before the SCO crud got in, and build up again. They can't award the efforts of independant developers to SCO based on IBM's misuse of code. That violates the rights of those individuals. I don't and can't believe they would view all of Linux as a derivative work. Certain parts after certain dates, at the worst. Most of Linux was explicitly and deliberately coded independantly, and that can probably be proven at need. Of course SCO might try to claim they own anything vaguely Unix/System V like, but I don't thing they'll have a leg to stand on. Why wait five years to act? What what about a show of good faith efforts to get the code removed?

      Not that it matters. If Linux dies, the authors and developers will move elsewhere, making darn sure this time that this can't happen. I expect GNU Hurd and L4 would be the logical paring for the next great free OS, and would be the final answer to the "prior IP" BS.

      --
      "I object to doing things that computers can do." -- Olin Shivers, lispers.org
  182. SCO makes absurd claims, Forbes bites by dh003i · · Score: 1

    This is really more like celebrity gossip than an actual case based around facts.

    There has not been one thing that I've seen that suggests this case has a chance.

    If there was any validity to SCO's case, IBM would have either bought them (their $8million book value means that buying them is cheap for IBM) or settled.

    If there was any validity to this case, SCO would have publicized the information that proves that IBM misappropriated their code.

    The OSI's position paper completely obliterates SCO's claims.

    When this is all over, SCO will be facing some serious problems of its own. Like the fact that it defamed millions of FOSS developers, Linux Torvalds in particular, and IBM.

  183. Smart mob? by SiMac · · Score: 1

    Anyone care to set up an smart mob at SCO's headquarters? (I'm not in San Francisco, so there's not much I can do.)

    1. Re:Smart mob? by mink · · Score: 1

      This may be news to you, but back in the 90's SCO sold it's Unix business to Caldera, who is based in Utah.
      Messing with the people tho used to be SCO wont help punish or protest the current SCO.

      --
      Well I've wrestled with reality for thirty five years doctor, and I'm happy to say I finally won out over it.
    2. Re:Smart mob? by SiMac · · Score: 1

      Ah, sorry, I got misled by the address posted earlier in this discussion. I'm not in Utah either. Anyone who is?

  184. GPL CounterSuit by phriedom · · Score: 1

    You are correct that the SCO vs. IBM breach of contract suit is not going to test the GPL. However the counter-suit that the hundreds of Linux copyright holders can file against SCO for willfull copyright violation (they continue to distribute copyrighted Linux while claiming closed ownership of some of the content) seems like a pretty strong demonstration of how the GPL protects Linux (and Linus) IANAL, but I think the courts take willfull copyright violation pretty seriously.

    --
    Don't moderate flamebait as Troll. Know the difference or you will be Meta-moderated.
  185. The US Courts Could Silence the SCO Group by llywrch · · Score: 1

    What it would take is IBM making a motion for a gag order. After all, with MacBride & his ilk blabbing at every loose journalist about their case, it'll be hard for them to find an uninfluenced jury to hear the case when it finally comes to trial.

    (What? IBM would be stupid to take this to a jury full of lusers? Well I'm sure they're aware of this in IBM legal, but they also know the benefits of keeping their options open.)

    Unfortunately, SCO & IBM have yet to even settle on a jurisdiction, let alone have a judge assigned. So IBM is probably settling for the meoment with attrition on the SCO Group's -- & their master's --- bank accounts.

    Geoff

    --
    I think I see a trend here. Maybe for them it really would be easier to muzzle the entire internet than to produce p
  186. Mod up! by moogla · · Score: 2, Insightful

    Look, the comments made that the Ancient Unix release may have been a trap are cute, but lets face it, what they actually released in 2000 IS COMPLETE AND UTTER REFUSE THAT'S NOT WORTH ANYTHING.

    Go ahead and take a look: about 5M compressed worth of binaries and source for the only 32-bit release (32V), which only works on the VAX.

    Linux probably reached that level of sophistication and functionality some time in 1998. So I think that anyone looking at the source wouldn't have found anything of merit to bring over that they couldn't already figure out from reading man pages.

    --
    Black holes are where the Matrix raised SIGFPE
  187. Yeah, except for one little thing... by moogla · · Score: 1

    the ancient unix release is NOT SYSTEM V.

    SCO claims Linux has parts of SYSV via IBM. These releases predate SYSV by a huge evolutionary gap.

    So it has nothing to do with anything. Just a coincidence (well not really, but the situation is irrelevant to SCO's claims)

    --
    Black holes are where the Matrix raised SIGFPE
  188. You're right by roystgnr · · Score: 1

    Whoops; I need to read more carefully.

  189. Sec Filing by bstadil · · Score: 1
    SCO SEC filing states that is will be a long and costly affaire. Article Here.

    We need some counter suits from a mutlitude of places to make them vanish. As long as they have a single target in IBM I think they can manage, once there is a risk of them loosing everything they might win from IBM to 3,000 Linux developers it's Game Over.

    --
    Help fight continental drift.
  190. Re:Mmmmm by Sfing_ter · · Score: 1

    According to netcraft, they run their webservers on FreeBSD, apache on FreeBSD, I wonder what their Linux@Work writers would say to that...

    --
    A computer once beat me at chess, but it was no match for me at kick boxing. Emo Philips
  191. Caldera still has a pending SEC fraud case by minkwe · · Score: 2, Informative

    http://bankrupt.com/CAR_Public/020924.mbx

    CALDERA INTERNATIONAL: Faces Securities Fraud Lawsuits in S.D. New York

    Four class action lawsuits were filed against the Company, certain of
    its officers and directors, and the underwriters of the Company's
    initial public offering in the Unites States District Court for the
    Southern District of New York by parties alleging violations of the
    securities laws.

    The complaints allege certain improprieties regarding the circumstances
    surrounding the underwriters' conduct during the IPO and the failure to
    disclose such conduct in the registration statement. The complaints
    have recently been amended and consolidated into a single complaint.
    Over 300 other issuers, and their underwriters and officers and
    directors, have been sued in similar cases pending in the same court.

    The Company is not aware of any improper conduct by the Company, its
    officers and directors, or its underwriters, and the Company denies any
    liability relating thereto. The Company has notified its underwriters
    and insurance carriers of the existence of the claims and plans to
    vigorously defend the action.

    Caldera International, which plans to change its name to The SCO Group,
    develops operating systems and network management software for PCs and
    servers. In addition to its OpenLinux and OpenServer operating
    systems, Caldera also sells its OpenUnix business software and
    Volution, a Web and directory-based network management application.
    Services such as consulting, custom development, technical support, and
    training account for about 15% of sales, a Hoover.com dossier says.

    Chairman Ralph Yarro and director Raymond Noorda share control of 47%
    of the company through The Canopy Group (a venture capital firm) and
    MTI Technology.

    --
    "Fighting terrorists with millitary might is like killing a mosquitor on your Dad's forehead with a rifle."
  192. They're out for whatever they can get by crovira · · Score: 1

    and don't give a shit who gets stomped on the way. Even if it cuts off billions in potential earnings for the rest of the world, they aren't altruists, they want their dough (all of it too,) and they want it NOW!

    Same mind set as the xxAAs.

    If the RIAA had had its way in 1800, the following wouldn't even have existed:

    Player Pianos, Radio, Edison Cylinders, the telephone, 78s, LPs, stereo, DATs, CDs, photocopiers, public libraries, the internet, personal computers,,,, Get the idea?

    Actually the MPAA wouldn't exist because movies have sound and that run counter to the RIAA's wishes.

    These Teutonic Twits are Fascists and they'd kill their children if they could get away with it.

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  193. McBrides stock holding... by jobsagoodun · · Score: 1

    Some guy on the yahoo message board has been going through McBrides filings to the SEC. It will be interesting to see if he really has dumped his stock...

  194. Entrapment: It's immoral, but is it legal? by sharlskdy · · Score: 1

    In all the discussion that has gone on regarding this case, there is no doubt in my mind that what SCO has done is grossly immoral.

    At best, they have entrapped the Linux community. And, that's putting the very best possible light onto the situation.

    And, even then, is that a fair assessment?

  195. Protest Press Release by emacnabber · · Score: 3, Informative

    This is the official press release from the Provo Linux Users Group:

    ----

    To whom it may concern:

    FOR IMMEDIATE RELEASE

    Jason Hall
    jason@plug.org
    http://www.plug.org/

    UTAH LINUX USERS DEMONSTRATE OPPOSITION TO SCO LAWSUIT

    Provo, Utah (June 19, 2003) -- To voice their opposition to SCO's
    lawsuit against IBM and their malignment of the Linux programmers
    community, members of the Provo Linux Users Group (PLUG) and other
    Utah-based Linux Users Groups will protest in front of SCO's Lindon,
    UT office on Friday, June 20, 2003 from 3 to 5 pm.

    SCO's lawsuit claims that IBM copied parts of SCO's UNIX computer
    operating system into Linux, a freely-distributed operating system
    written by an international community of computer programmers.
    They have therefore revoked IBM's license to distribute AIX (IBM's
    version of UNIX) and are seeking $3 billion in damages for theft of
    intellectual property. Furthermore, they have sent letters to 1500
    corporations warning them that Linux contains computer code belonging to
    SCO and continued use of Linux may result in SCO taking legal action
    against them.

    With this suit, SCO has raised the ire of computing professionals
    worldwide by overstating its contributions to UNIX operating systems
    (which include Linux and AIX), claiming ownership of Linux and denying
    past involvement in its development, and making inaccurate and derisive
    comments about the Linux development community. Under the auspices of
    the Provo Linux Users Group, Linux users and programmers from northern
    Utah will meet on Friday in front of SCO's headquarters in Lindon, UT
    to demonstrate the opposition to SCO's actions and to show their support
    of IBM, the Linux development community, and any other companies against
    which SCO takes legal action.

    About the Provo Linux Users Group:
    The Provo Linux Users Group (PLUG) is a non-profit, volunteer-run
    organization dedicated to helping members to learn the Linux operating
    system, offering volunteer technical support, and encouraging the use of
    Open Source software. Membership is free, meetings are held
    monthly, and the group mantains an active email list. For more
    information about PLUG, go to

    http://www.plug.org/

    About other Utah-based Linux users groups:
    PLUG is only one of a half-dozen Linux users groups in Utah, and one of
    thousands of such groups worldwide. More information about Utah-based
    Linux users groups can be found at

    http://www.ssc.com:8080/glue/groups/us/utah

  196. I'm not sure that analogy works... by Uthiroid · · Score: 1, Informative

    If I sue John in a court of law, I can't ask the court to award me Bill's house. That lawsuit has to be against Bill. And I *definitely* can't sue Mary for living in the house that she rented in good faith from Bill, especially before said lawsuit against Bill reaches a conclusion. well, I can think of a real world example when you could do that. if a contractor subcontracts work to someone else (roofing a house, etc) and doesn't pay the subcontractor, the unpaid worker can file for a lien on your house for the money- that's why you need a lien waver. How this relates to SCO, I'm not sure but I'm also not sure that your analogy applies.

    1. Re:I'm not sure that analogy works... by Anonymous Coward · · Score: 0

      Mary still requires a chance to defend her rights in court. That's why the lawsuit has to name the defendants -- those who may lose their rights and/or property. If that day in court never comes, then her rights cannot be taken away. That's called due process. There are at least thousands of developers out there who have contributed to Linux. Although each has licensed his software under GNU, each also is the owner of his own property. Therefore, to take their property away requires thousands of subpoenas, good faith efforts to contact, and potentially thousands of *countersuits* for damages including punitive damages, and perhaps thousands of individual lawsuits.

  197. Tiny little thing... by moogla · · Score: 1

    you know, most companies web-facing computers and intranet computers are completely seperate beasts run by completely seperate entities.

    No one in the office will ever play with the web-facing machines; they will see the internal windows boxes and exchange servers and IIS-based intranet portal and CMS.

    So to use a netcraft survey to determine the OS-cluefulness of a company only servers to guage the sanity of the IT dept. only.

    So the linux@work writers don't care. They probably all have Macs anyway.

    --
    Black holes are where the Matrix raised SIGFPE
  198. Re:Enough yet, tough guy? by lethe1001 · · Score: 1

    MAC ain't gonna do it... they're too desktop focused.

    Guy About Had It With People Who Confuse "Apple," "Mac."

  199. Then you'd have to pay me royalties! by Logger · · Score: 1

    I own the patent on:

    Distributing copyrighted source code, but not using an OSS license. Followed by waiting for hackers to encorporate said code. Followed by waiting for money-bags company to majorly adopt said technology. Followed by sueing for copyright infringment to profit from said infringement.

    I wouldn't mind licensing this business method patent for a reasonable $100,000. But for using it unlicensed, I'll sue your ass to the tune of $3 billion dollars! Muh, Ah, Ahhh, Muh, Ah, Ahhh!

    By the way. I've patented waiting for a patent violation before trying to collect too. Muh, Ah, Ahhhhhhh!

  200. Re:Enough yet, tough guy? by lethe1001 · · Score: 1

    MAC ain't gonna do it... they're too desktop focused.

    Guy About Had It With People Who Confuse "Apple," "Mac."

  201. anyone for a class action lawsuit against SCO??? by josepha48 · · Score: 1
    Its a well known fact that Caldera added the 'Linux Kernel Personality' in SCO code. To do so, as quickly as they did, I'd imagine would have required direct access to the Linux code. Oh they had that. It was then owned by Caldera and it was implemented, so that SCO could run Linux binaries AS fast as they ran on Linux. To me this would indicate that they had to use Linux code to do this. (http://www.caldera.com/products/openunix/lkp/)

    Also the SCO / IBM project was made before SCO was bought by Caldera. IBM was under NO commitment to Caldera after the purchase, so it was thier right to cancel and move to Linux. WHY NOT? The UNIX company they were 'partnered' with was now a Linux company that was proclaiming that UNIX was dead. (http://www.interex.org/hpworldnews/hpw010/02nt.ht ml)

    I don't doubt that at this point the code bases have been mixed. I also think SCO, when it was under Caldera did the mixing. The real question is what to do now?

    I propose a class action lawsuit against SCO by EVERY Linux user, vendor, and programmer, suing SCO for violation of the GPL. There IS Linux code in SCO. I'm sure of that!

    --

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

  202. Re:Enough yet, tough guy? by Anonymous Coward · · Score: 0
    ...Yeah yeah, IBM is not even mentioned in the write up, but who cares? This is Slashdot, nobody reads further than the title anyway...

    Uhhhh -- ife nobody read further than the title...that would mean that nobody's reading your post.

    Loser.

  203. Re:Enough yet, tough guy? by lethe1001 · · Score: 1

    shit, i fucked up that link. now my joke sucks. see below.

  204. How to report securities law violations by hobsonchoice · · Score: 2, Informative

    Without commenting specifically on SCOX, McBride, etc., as I take no position on this.

    If anybody has information about any securities law violations, by any person or company, and wishes to report them to the government (SEC). Go to www.sec.gov (click Enforcement Division) - and there is a form to report online.

  205. another link to SCO's old pages by Anonymous Coward · · Score: 0

    quote:

    Software licenses for "ancient" versions of the UNIX operating system are now available! Licenses are available for the following versions: the Mini UNIX operating system; the UNIX V6 operating system; the PWB UNIX operating system; and the UNIX V7 operating system, which also covers Editions 1-5, and the 32V.

    Follow these instructions to obtain a source code license for "ancient" versions of UNIX.

    These licenses permit hobbyists and enthusiasts to have access to the source code of these historic releases, for personal and non-commercial use, and to share experiences and code updates with other authorized individuals having corresponding licenses. SCO has received numerous favorable responses from UNIX enthusiasts around the world, including messages such as, "Future computer historians will greatly appreciate what you have achieved!" and "I've wanted access to this material for nearly 20 years! Well done!"


    other archives

  206. Re: class action lawsuit -- let's take them over. by Wiccan · · Score: 1

    If every person who cares, bought one share of SCO - might that get us past the 50% mark? At that point management is demonstratably operating against shareholder wishes...

  207. What about barratry? by kien · · Score: 1

    Is there any history or precedent for a class-action barratry lawsuit?

    Seems to me that we should be as legally adept as the entertainment cartels; when threatened, counter-attack and when one target slips off the hook immediately move the crosshairs onto the next most likely candidate. (Financial considerations might be a barrier to entry for most of us, but what about IBM?)

    Perhaps it's time to take a hard look at the law firms and lawyers who are willing to represent companies like SCO in actions like this. I don't mean to suggest that moronically litigous companies and people should be let off the hook, but I think it might be easier (in the short term) to discourage the tools of their trade. Of course, that theory is based on what is probably an over-optimistic assumption: that the supply of lawyers might dry up due to the fear of litigation against themselves.

    Which leads to yet another pretty interesting question that I've been thinking about: Why are we hearing so much about doctors protesting the rising costs of malpractice insurance in the US and almost nothing from the lawyers who also "practice" their trade? (Not trolling, honestly curious.)

    --K.

    --
    Sig: Bad people happen. Try to avoid being one of them.
  208. Why Linus uses 8 space indents by xneilj · · Score: 4, Informative

    Taken from '/usr/src/linux/Documentation/CodingStyle':

    "Chapter 1: Indentation

    Tabs are 8 characters, and thus indentations are also 8 characters. There are heretic movements that try to make indentations 4 (or even 2!) characters deep, and that is akin to trying to define the value of PI to be 3.

    Rationale: The whole idea behind indentation is to clearly define where a block of control starts and ends. Especially when you've been looking at your screen for 20 straight hours, you'll find it a lot easier to see how the indentation works if you have large indentations.

    Now, some people will claim that having 8-character indentations makes the code move too far to the right, and makes it hard to read on a 80-character terminal screen. The answer to that is that if you need more than 3 levels of indentation, you're screwed anyway, and should fix your program.

    In short, 8-char indents make things easier to read, and have the added benefit of warning you when you're nesting your functions too deep. Heed that warning."

    Not that I personally agree, but that's what the Linux coding Standards says...

    --
    rm -rf / is the evil of all root
    1. Re:Why Linus uses 8 space indents by tchuladdiass · · Score: 5, Interesting

      I remember reading about a study where groups of college students were asked to debug the same program, but each group was given a different indentation level. There was a dramatic decrease in time to debug when the level was increased, up to 4 spaces, but after that it hit diminishing returns. So, 4 is often considered optimum.

    2. Re:Why Linus uses 8 space indents by primus_sucks · · Score: 1

      Tabs are 8 characters, and thus indentations are also 8 characters.

      With logic like this it's amazing linux is so stable!

    3. Re:Why Linus uses 8 space indents by MrResistor · · Score: 1

      I wonder if the results would have been the same after the students had been staring at a terminal for 20 hours. That is the example given Linux Coding Style Standards, and one of the main justifications for Linus using the 8-char indent.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
  209. On other news... by gotem · · Score: 1

    Unfrozen caveman lawyer has filed a lawsuit against General Motors, Ford, and other giant car manufacturers. Here are his comments: "I'm just a caveman, I'm scared by the sound of cars, but the only thing I know is that the cars use wheels, wheels that I invented some centuries ago and have full IP on derivatives of the wheel, be it of stone, wood, iron.

  210. Cost of SCO by nuggz · · Score: 1

    You can not just buy a company for their market cap.
    That is just the latest transaction price of a share trade times outstanding shares.

    It reflects the lowest value a current holder thinks their portion is worth.

    Everyone who holds shares today thinks they are worth more then the listed share price (or they would have sold)

  211. The Upside For Trolltech by Anonymous Coward · · Score: 0

    The upside for Trolltech is that when SCO looses this one, they will have to sell their Trolltech shares at a discount to pay for the legal expenses and the countersuit from IBM.

    IBM really needs to countersue these bastards (Canopy) into oblivion.

  212. Re:Enough yet, tough guy? by Anonymous Coward · · Score: 0

    Why, pray tell, should Slashdot stop posting popular stories? It doesn't make sense.

    And if it doesn't make sense then you must acquit.

  213. IBM owns the code but SCO wants to control it by eric76 · · Score: 3, Insightful

    So SCO says IBM can't distribute code that IBM owns because it was first used on derivative workds of System V.

    As someone pointed out yesterday, the letter of understanding that is Exhibit C in SCO's complaint explicitly agrees that IBM owns their derivative works. They may just not be allowed to distribute them.

    Assume for the moment that the modifications themselves are derivative works. (I don't think this is likely from the definition of derivative work from Title 17 of the U.S. Code.)

    But even if is a derivative work, IBM still owns that code. The code is not stolen or misappropriated, merely released in a manner that might possibly be a contract violation. While SCO might possibly be able to demand that everyone stop using it or maybe remove it from future versions, it doesn't necessarily follow that everyone would owe SCO any damages or licensing payments at all.

    Noone is in possession of stolen property or SCO's intellectual property.

    The whole matter then becomes nothing more than a contract dispute over whether or not IBM has the right to distribute code they own.

    I think that the whole matter then boils down to whether or not the modifications themselves are considered a derivative work.

    If the judge and jury agrees with SCO that the modifications are a derivative work of System V when there is no System V code in it, then IBM might owe something in the way of damages. It might be possible that they could just be ordered to retrieve the code (unrelease it) and owe no damages at all.

    But it's hard to see how anyone who does not have a contract with SCO would owe them anything at all on this matter.

  214. The Hiring of Darl McBride by AndroidCat · · Score: 3, Funny
    There are strange things done under the midnight sun
    By the men who moil for gold;
    Whoops, never mind...

    I would love to have been a fly on the wall when the Caldera Board of Directors hired Darl McBride. I wonder if it went something like this:

    Chairman: Your record certain is very impressive Mr. McBride. In closing, do you feel that there is anything else about yourself that we should know to help us with our choice?
    McBride: Well, I did, uh, that is .. I sued my former employer for many millions while I was working for them and won.
    BoD: [Many looks around the table and private whispers]
    Chairman: Mr. McBride .. You're hired! You're our kind of guy!

    --
    One line blog. I hear that they're called Twitters now.
  215. Re:McBride bought 7K shares at .001/share on Frida by cdrudge · · Score: 1

    Caldera no longer exists. It has been offically changed to The SCO Group since the end of May. Before, it was Caldera d/b/a The SCO Group.

  216. call sco toll free number by Anonymous Coward · · Score: 0

    1-800-726-8649

    if everyone calls this number this will cause the company to have a huge phone bill.

  217. Re:You can see the form here to get the Ancient Co by Anonymous Coward · · Score: 0
    form?

    http://planetmirror.com/pub/ancient-unix/ancient/

  218. 1-800-726-8649 call this number by Anonymous Coward · · Score: 0

    if geeks every where call this number and hold on as long as possible untill this issue is resovled.

    we can cause a big dent in sco already small revenue.

    1. Re:1-800-726-8649 call this number by Seek_1 · · Score: 1

      Is this the 'right' SCO's number?

  219. Striking back? by hobsonchoice · · Score: 1

    This is a question, not a plan.

    Why does the OSS community not simply try and take business from SCO and ALL the other Canopy group companies [they all seem to be in each other's pockets anyway]? Is there any reason why this is not feasible or legal?

    By this, I mean:

    1. Write free clean-room work-a-like but better versions of all their stuff (as well as applications than run on their OS and drive their OS sales). Make sure the switching cost is low (same APIs, same data formats, migration tools, etc.).

    2. Make sure your stuff does not work on their platform, integrate with their code easily etc. I didn't see OSS authors are any obligation to make their stuff with SCO or other Canopy software.

    3. If you have a legitimate reason to sue them, do it. If you are in a position to help others (e.g. you work for some mega corp with a Linux interest), help others who have a legit reason to sue them.


    So again: Is there any reason why this is not feasible or legal?

    1. Re:Striking back? by jjohnson · · Score: 1

      You can't hurt SCO by taking business away from: they don't make any money selling Unixware. Their business plan is to sue and settle.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    2. Re:Striking back? by hobsonchoice · · Score: 1

      You can marginally hurt SCO, because they need cash to pursue the lawsuit. Drain their coffers, or to use a more accurate phrase "cut off their air supply".

      Even if SCO go out of business, I expect them to sell their rights to one of the other Canopy companies in some sweethear deal. So the best idea seems to "cut off the air supply" of all the Canopy group.

  220. Just like this... by cheshiremackat · · Score: 1

    go to http://www.sec.gov/complaint.shtml and file a complaint... however it would help if you are a U.S. Taxpayer... -CMK

    --
    Bad spellers of the world untie!
  221. Re:Ooooh. Scarrry. by Lemmy+Caution · · Score: 1

    Oh, sweet irony. Perfect Catch-22. The only basis they'd have for suing would be - not suing!

  222. how? by Rev.LoveJoy · · Score: 1
    Let me guess, never sue poor people ? After all it is rule numero uno for all litigenous bastards!

    Cheers,
    -- RLJ

    1. Re:how? by cshark · · Score: 1

      Absolutely. Kind of like the idea of trying to get blood from a water melon. You're welcome to try. In fact, you're welcome to decide anything you want about it. That doesn't mean anything's going to happen to make that a reality.

      --

      This signature has Super Cow Powers

  223. Different management by Anonymous Coward · · Score: 0

    I said it before, and I'll say it again. The current SCO is a completely different body than the old Caldera. Management is completely different. Philosophies are completely different. The old management would have NEVER done anything like this. I should know... I worked there.

  224. Yere there is a way to contribute! by PolR · · Score: 3, Insightful
    Aside from commenting in Slashdot (and hoping that IBM is reading), is there a better way to share this useful research?
    IANAL but here are my two cents.

    Someone could set-up a "site of SCO factoids" where all intesting links are collected in one place for reference to the volunteers researchers. As more factoids are discovered, they are added to the site. With a little chance, this will lead to a more effective research.

    Having all the evidence at one place would also help counter SCO's FUD, especially if the page becomes known to industry analysts and press. If the site shows for instance how SCO's claim change overtime, their FUD campaign will become much more apparent to CIOs and CEOs that are considuring using Linux. Some essay explaining basic concepts such as trade-secrets, copyrights, patents and derivative work would help debunking many misconceptions.

    If geeks makes a habit of immediatelyposting new SCO claims on the factoid site and immediately explaining what the claims are, then it will become harder for SCO to increase the FUD pressure by confusing issues.

    All OSS homepages should link to the SCO factoid site home page. This will increase the likelihood this site turns up as a result on a Google search for SCO.

    IBM has acces to both Linux an System V code. They can compare to find all potentially litigious code and then call upon geeks to determine to origin of "code of interest". If they want stay on a legally safe ground, they may even include with such requests some code that doen't match System V. This could help avoid giving ground to claims they indirectly disclose SCO's alleged trade-secret.

    If IBM dare identify publicly the Linux code that matches System V code, the list could be posted on the site of SCO's factoids. The result of research on the code origin could be posted as well. The general public would then be able to watch SCO's claims deflate day after day. If some code is found to be of dubious origin, the the public will be able to see how fast the Linux community can correct the issue. Tracking dates when information is posted on the page will be extremely useful.

    Linux could also be compared with the ancient Unixes for matching code. This portion of Linux will then be cleared from any trade-secret claims. Again the result of this search could be posted on the SCO factoids page.

    1. Re:Yere there is a way to contribute! by dcavanaugh · · Score: 1

      Your reply is pretty much in the spirit of what I had in mind. Having read your post, I envision a moderated blog where the SCO claims and other high-level issues are the topics. The visitors post their contributions, subject to a fascist editor who tries to keep the signal-to-noise ratio within reason.

      There are many better people who can do a better job of this than I can, but if nothing appears within a week or so, I may very well take a shot at it.

    2. Re:Yere there is a way to contribute! by towatatalko · · Score: 1

      How would you name the site about SCO "factoids"?, I propose: scosucks.org

      --

      IP was invented for the sake of lawsuits.
    3. Re:Yere there is a way to contribute! by shadowbearer · · Score: 1

      He does have some interesting ideas. If I can help, let me know (shadowbearerNOFUkkINSPAM@yahoo.com) - my time is limited, but my motivation is not. I'm sick of this shit.

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
  225. UNIX archive sites. by GodWasAnAlien · · Score: 1

    The source is available at the sites listed at:
    http://www.tuhs.org/archive_sites.html

    The path is:

    PDP-11/Distributions/usdl/SysIII

  226. Stop picking on SCO's soon to be dead corpse. by Anonymous Coward · · Score: 1, Insightful

    The stench will only grow worse.

  227. Counterstrike by Anonymous Coward · · Score: 0

    Hmmm... This article suggests a good counter strike. Caldera is dominated by Canopy. Canopy has a number of other investments. If we were to launch a massive attack/boycott on Canopy's other companies, until the suit was dropped, we could probably make it quite unprofitable for them....

  228. Same author? by Anonymous Coward · · Score: 0

    Has anyone considered the possibility that the "similar code" within both SysV UNIX and Linux that SCO claimed could be written by the same person? It's obvious that in the world of UNIX, there has been a lot of shifting around (both programmers and code), and could it be possible that one of those programmers got to work on the Linux kernel?

    That would explain the similar comments next to different code(if they were not fabrications on SCO's part), as many programmers tend to write similar code/comments. I actually know a person who used the same 4 stupid jokes in 6 of his programs, and his programming style was very similar (huge classes/functions, unorganized, not very expandable, etc., probably cause he used to be a basic programmer).

    Although there are many reasons why SCO's "evidence" of similar source code is weak and does not merit a billion dollar reward, this is yet another possibility. Who knows, it could be possible that they copied the Linux kernel. That may be why they refuse to reveal the code without a NDP, and for those who do view the source code, they leave out important details like the file name, the function name, even the line numbers.

  229. Re:anyone for a class action lawsuit against SCO?? by Anonymous Coward · · Score: 0

    Sounds to me like SCO stole Linux code. Read this (from the SCO FAQ):

    Does LKP emulate a Linux application environment, much like lxrun?

    No, LKP is not a Linux environment emulator. LKP incorporates both the kernel interfaces and a Linux application environment directly into the Open UNIX 8 system.

    Lxrun emulates the system calls through SEGV signals that are generated by int80 instructions. This emulated Linux kernel function calls.

    The Open UNIX 8 kernel now understands int80 instructions and implements Linux system calls directly through that mechanism. There is no ``emulation layer''. The new LKP facility also provides the Linux application environment - libraries, configuration files, and other tools. This means, from the application's perspective, the system calls and facilities of the UNIX kernel will work just like a Linux kernel for Linux applications.

  230. Re:Redmond, Wa, Vista.com, incest and brotherly lo by Anonymous Coward · · Score: 0

    Can we get someone to write this up and submit it as an opinion peice to the Economist, Forbes, or the New York Times?

    I think that would do more so shut them up and make people pay attention, rather then give a knee jerk reation.

  231. SCO vs. IBM vs. [INSERT YOUR NAME HERE] by oaf357 · · Score: 1
    Fortune seems to be in the chat rooms too much. I know I am one of the many people taking this SCO case VERY SERIOUSLY. Because it's not just about SCO and IBM. It's about, at least, the near future of Linux development, the stability of the GPL as a means of copyright, it's about Red Hat, SuSE, and every other Linux vendor and most important it's about the OSS community as a whole (fired upon by SCO in their legal filings).

    SCO may be proving their ignorance but this case might get a judge equally (or even more) ignorant.

    This is no light/laughing matter. These are serious allegations, that carry serious weight, and can cause serious damage. The future of the OSS community is currently in IBM's hands. Step up to the plate FSF, we need you now more than ever.

  232. Re:Enough yet, tough guy? by slasho81 · · Score: 1

    I click on SCO stories just to read and sympathize with the comments complaining this SCO frenzy.

  233. re: "Ancient UNIX" by talks_to_birds · · Score: 1
    See: here, and here...

    "...You can pay by VISA, MasterCard, or American Express credit card if you choose. Quote your credit card details in the cover note, if you are paying by this method, and authorize SCO to withdraw US$100 from your card..."

    "... Wait for a response. SCO will try to respond within 3 weeks. If you have any questions about the license or its status, contact..."

    Pay one hundred bucks and wait three weeks...

    ...such a deal.

    t_t_b

    --
    I'm on PJ's "enemies" list! Are you?
  234. Lets hit Canopy Group and SCO where it hurts.... by Anonymous Coward · · Score: 0

    You guys really want to return the favor to SCO / Canopy Group. If so lets really drop their stock price.

    Lets invalidate as many of their patents as possible . Prior art, etc. That's about the only thing they will feel. IBM even has that patent search on their site. F*ck McBride and F*ck software patents. We need to get the practice of "One-Click Shopping" patents, Business Method patents and software patents stopped NOW!!!

    Heck, I'd be willing to kick over $100 or $200 to EFF or FSF if they'd start a prior art hunt against SCO / Canopy Group. Instead of sitting here and yelling about SCO, let's help doing something about the real problems, not just it's symptoms.

  235. When I was a boy by Bronz · · Score: 2

    I remember dialing uphill, in the snow, to my local BBS. I also remember when people thought Caldera was a good group of lawyers because they were suing Microsoft over DR-DOS. Funny how perspectives can change.

  236. Bait by El · · Score: 1

    Shouldn't the name "TrollTech" have been a clue? ;-)

    --

    "Freedom means freedom for everybody" -- Dick Cheney

  237. I replied to Lyons with the following email: by Anonymous Coward · · Score: 0

    What exactly is the point your trying to make Lyons? That the only way to create a personal fortune in this country is to create an umbrella
    company, play musical chairs with the stocks and pretend like one is a 'big player' in the process?

    Lets take a step back for a second, you seem to think that umbrella companies are what makes this country tick. I'll give you one example out of many as to why I think that umbrella companies are the ruin (both financially and intellectually) of this country.
    Enron. A bunch of Texas houlligans with MBA degrees who saw that the only way to make a buck was not through innovation but through raiding.

    How SCO is behaving itself is an example of a company that has lost its ability to innovate. Instead it has now decided to focus on litigation
    with questionable origins.

    How is it possible that this country if full of poeple like yourself? People who see personal and individual innovation as something to suck
    a person into a corporate lifestyle instead of individuals expressing this intellectualism and the ability to earn a personal income not
    based on the whims of some dirtbag MBA's whose purpose in life is to control the lives of other people?

    It should be you who needs to wake up and realize that Linux is a modern day expression of what this country was founded upon.
    Individuals working together, with a common voice but not collectively loud enough that it drowns out each individual. Inspite of what some
    faceless corporations would have a person become.

    What you should do is start looking at how Linux will breath life back into the software industry instead of sucking it out like SCO and MicroSoft would rather do.

    Competition and innovation is what made this country great. Endless idiotic litigation is what is giving this country a bad reputation.

    I didnt add the following to the letter:

    I think Open Sourcerers should take a lesson from this. Rethink how we view ourselves in this world. This may not be news for alot of readers but, people and companies who have invested themselves in owning IP see Open Source as a threat. A loss of control. But what is going on is a transfer of control, back into the hands of the many instead of the few.

    American corporate law makes clear that a corporation is an individual, a living entity. Its time that corporations start behaving in such a manner that reflects well on the society it resides.

    Signed,
    Anonymous but not too much of a cowar

  238. Re: "Ancient UNIX" by Anonymous+Freak · · Score: 1

    And you don't even get the source itself...

    "When your license is approved, SCO will return a copy to you, and will notify the PDP Unix Preservation society. They are licensees of the source code, and their society will help you obtain a copy of the source code."

    You're paying $100 for a license with no warranty, no instructions, no media, not even a guaranty that you can even get ahold of the product! You have to rely on a third-party to give you access to the product.

    --
    Another non-functioning site was "uncertainty.microsoft.com."
    The purpose of that site was not known.
  239. Re:Redmond, Wa, Vista.com, incest and brotherly lo by arkanes · · Score: 1
    Safari has an emulation layer to make signals and slots work with khtml. I wouldn't say it is based on Trolltech's Qt.

    I'm not familiar with Safari internals, but that doesn't make any sense. Konquerer is based on KHTML, and like the rest of KDE it's based on Qt. I'd assume that KHTML uses signals and sockets itself, or at least has a trivial interface. Unless you mean that Safaris emulation layer translates signals/slots into whatever event/message mechanism Mac applications use.

  240. Re: "Ancient UNIX" by talks_to_birds · · Score: 1
    And it gets better:

    "4. DELIVERY

    SCO makes no guarantees or commitments that any SOURCE CODE PRODUCT is available from SCO. If available, SCO will, within a reasonable time after SCO receives the fee specified in this Agreement for a SOURCE CODE PRODUCT, furnish to LICENSEE one (1) copy of such SOURCE CODE PRODUCT."

    So it seems like they're saying, "Yeah, we'll take a hundred buck from ya, but we're not guaranteeing that you'll get anything in return. Maybe we'll send you something, if it's available..."

    They were a bunch of pricks back then, too..

    t_t_b

    --
    I'm on PJ's "enemies" list! Are you?
  241. SILVER BULLET!! SCO denies ownership!! by Anonymous+Freak · · Score: 1

    Okay, the license text is available at The Archive, and it includes the following text (section 2.1, paragraph a:)

    "SCO claims no ownership interest in any portion of such
    a modification or DERIVED BINARY PRODUCT that is not part of a
    SOURCE CODE PRODUCT.
    "

    So, their giving you FULL OWNERSHIP of any derivative binaries. That means that if you compile the source, you become an owner of that binary, not a licensee. As long as you are not trying to claim ownership of the source code. However, decompiling reproduces source to something you fully own. That means that you know own the decompiled source.

    So SCO has completely given away the System V source in this manner. They can no longer claim full ownership because they offered this license.

    (Of course, IANAL, so this is all based on a semi-educated layman's interpretation.)

    --
    Another non-functioning site was "uncertainty.microsoft.com."
    The purpose of that site was not known.
  242. What will HP do? by mikolas · · Score: 2

    I wonder why these two projects haven't shown up yet:

    Single System Image Clusters for Linux and Cluster Infrastrucure for Linux. The following sentence just caught my eye on CI for Linux overview: "This project is developing a common infrastructure for Linux clustering by extending the Cluster Membership and Internode Communication Subsystems from HP's NonStop Clusters for Unixware code base." A similar sentence can be found of SSI Cluster page. It's about time for HP and IBM to team up and do what's necessary in order to shut up SCO.

  243. Re: LDS faith has nothing to do with it by Anonymous Coward · · Score: 2, Insightful

    Mod Parent up as insightful.
    A SCO/Mormon conspiracy is ridiculous.
    Why? Because the common thing that all these entities in the article have is that they are located in Utah. If you ever lived in Utah, it should come as no surprise that a BYU graduate would work at a company 15 minutes down the road (both SCO and Novell).
    Another good reason? The LDS (aka 'Mormon') church IT department just started an Open Source Mailing list, in hopes to migrate its existing software to Open Source alternates. I'm a member of it.
    Another good reason? The BYU (largest LDS university) Unix Users Group *strongly* advocates Open Source Unices and is one of the biggest clubs on campus.
    People love to conjure up conspiracies about the Mormons. I guess I can understand, as an avid Linux user I love to entertain conspiracies about Microsoft.
    But get real: there's no connection.

  244. Re:Redmond, Wa, Vista.com, incest and brotherly lo by Anonymous Coward · · Score: 0

    > They might very well have released the "ancient Unix" code years ago for the sole purpose of trolling for some suckers to misuse their code.

    I doubt it - that was under the previous management and their linux-centric business plan. I don't blame them for what the current version of the company is doing.

  245. A tool to discover program similarity by Anonymous Coward · · Score: 0

    My undergrad programming used this tool to catch cheaters. It does work pretty well!!
    http://www.cs.berkeley.edu/~aiken/moss.html

  246. Does anyone own Linux? by Anonymous Coward · · Score: 0

    Does anyone own Linux? Here's an article that suggests that SCO's claims are deficient:http://www.computerweekly.com/articles/a rticle.asp?liArticleID=122636&liFlavourID=1&sp =1

  247. Yes, but who's faullt is that? by Anonymous Coward · · Score: 0

    Sorry, guys, but this DOES matter. Linux is the POSTERCHILD for OSS

    "Linux" is the 'posterchild' because people are to damn lazy to seperate Apache/PostgreSQL and other Open Source applications from "Linux".

    I've head these statements from actual people:

    "Our webserver is Linux"
    "Don't use Oracle, use Linux for your database"

    (Hint: The webserver was Apache and the database was PostgreSQL.)

    If SCO wins, this could DRAMATICALLY change the face of Linux.

    If SCO wins, the masses will move to FreeBSD, GNU/FreeBSD, GNU/HURD, NetBSD, OpenBSD etc la. Why will the masses move? Because moving will take less effort then fighting. "Linux" will just become "FreeBSD". If you want to use GNU/Linux, you might have to pay a licencing fee to SCO. But "Linux" the 'posterchild' for Open Source will become "FreeBSD" the 'posterchild' for Open Source .

  248. Re:LDS faith & SCO by usurper_ii · · Score: 1

    It's a sorry guess, especially when allowing a broader analysis of Mormon history than a single quote from 1863 whose context is questionable at best.

    Sorry guess, I will agree. But regarding the Mormons and the Constitution and their plan to save America, I will stand behind that. I spent many years as an active member of the John Birch Society, of which a large percentage of its membership, especially in its leadership, is Mormons (with Catholic membership coming in a strong second). I have kind of lost contact with a lot of people, but I have first hand experience with the Mormons political views.

    Why would anyone think Open Source is an attack on the U.S.? That's a pretty bogus thought in and of itself, but moreso in this case since YOU are the one who thought it up - there's nothing to even suggest that Mormons even think that.

    Ask SCO that question. They are attacking Linus, Linux, and have made snide comments about pulling out of Linux because they believe in protecting IP, as if Linux was theft of IP!

    The topic was the power behind the Canopy Group and SCO, both of which have Mormon connections, at least to the degree that other people noticed it enough to write an article about it. I for one don't see anything wrong with a discussion on it.

    And as far as Open Source being an attack on the US, that is exactly how M$ is playing it, too. SCO seems to be making an ethics case against Open Source, as if it is all stolen.

    It may be a leap, but I can see the Mormons taking a stand on what is obviously being played as an ethical situation (even though it isn't because people GPLed their work, which makes it 100% ethical).

    Usurper_ii

  249. Hitlist by Anonymous Coward · · Score: 0

    Anyone notice that the Fortune article details exactly who the key players are? Perhaps we should slip this list to Tony Soprano with a stack of greenbacks, and have him take care of the problem...

  250. Re:McBride bought 7K shares at .001/share on Frida by CoughDropAddict · · Score: 1

    Wow, how interesting. Here is a priceless quote from their quarterly report:

    Pursuit of the litigation against IBM and, potentially, others will be costly, and we expect our costs for legal fees could be substantial. In addition, we may experience a decrease in revenue as a result of the loss of sales of Linux products and initiatives previously undertaken jointly with IBM and others affiliated with IBM. We anticipate that participants in the Linux industry will seek to influence participants in the markets in which we sell our products to reduce or eliminate the amount of our products and services that they purchase. There is also a risk that the assertion of our intellectual property rights will be negatively viewed by participants in our marketplace and we may lose support from such participants. Any of the foregoing could adversely affect our position in the marketplace and our results of operations.

    Hmm, ya think?

  251. Canopy group == Umbrella Corporation by silentbozo · · Score: 2, Funny

    Anyone else hear "Canopy group" and instantly think about the evil Umbrella Corporation from the Resident Evil games? I mean, jeez, if you're going to run an evil empire, shouldn't you try picking a name that's just a little less conspicuous?

  252. Claim that Caldera open-sourced 32/V... by inimicus · · Score: 1

    Dunno if it's relevant, or useful, but if it is (our could be), there's a claim that Caldera was willing to "release 32/V under an open source license." The Unix Heritage Society is also cited as being partly responsible for that.

    Anyone know how to follow up on/verify the claim?

    --
    Internet Explorer was unable to link to the Web page you requested. The page might use standard HTML or CSS.
  253. Enter Stage Right, Federal Marshals by cmacb · · Score: 2, Interesting
    Looks like Forbes doesn't vet their articles for facts any better than Slashdot does. It still had some usefull info however:

    The article describes a company that operates a lot like Enron, although on a much smaller scale, shuffling funds from one company to another as needed to prop up their FTC reports.

    But then the article concludes that this is a company to be recconed with!!

    Sounds more like a house of cards too me. Now we know that the lunacy going on at SCO is inherited from "The Canopy Group". I bet we get to see them on TV in handcuffs before too long.

    The most usefull thing about the article though is that it gives the names of about 5 more people, and several more companies that you should never do business with if you want to walk away with your wallet. I'll add them to my list.

    I also signed up for alerts for when these crooks, errr "businessmen" engage in other noteworthy activities.

    "You have successfully signed up for the following News Alerts: Canopy Group, Linux, Darl McBride, Ralph J. Yarro III! "

  254. Class Action Anyone? by jmors · · Score: 1

    It may well be that the current legal matters in question are between SCO and IBM, but here is a thought... I work for a large corporation as a software engineer. I have promoited, evangelised and even managed to garner some acceptance of Linux in particular and Open Source software in general within my corporation to my superiors (from my immediate management all the way up to the VP level). I am not alone and though the base of developers who contribute to the kernal development effort is large, suppose you add to that sys admins, networking forlks, IT managers and the like who understand the open source concepts and also support, evangelize, recommend Linux and Open Source software for use withing thier companies and organizations. This entire FUD campaign and the irresponsable casting of aspersions upon the integrity of open source developers and open source products by SCO is damaging the reputations and I'm sure in some cases perhaps even causing monetary problems (folks not being given a rasie based on their support of this now viewed as, legally shakey, OS operating system). It IS and will continue to affect many people who may not necessarily be connected directly to open source development. I am no attorney, as I said I am a software Engineer, BUT is there an attorney out there who might wish to comment on the possible success of a class action suit, brought against SCO on the basis of their 1500 letters to major corporations and the slander and aaspersions being cast, without a shred of proof by them, on the entire open source software industry in their scontinued press releases and public comments? Just a thought. If dsomeone wants to start such a class action suit, I would certainly sign up! Not expoect any monetary return mind you but rather to get the attention of SCO and let them know that perhaps, the UNITED community of open source advocates (again not just developers) may well become a more powerful threat to them than even IBM!

    --
    The Matrix is real... but I'm only visiting!
  255. Re:LDS faith & SCO by althalus · · Score: 1

    Yes, the LDS church believes very strongly in the constitution, and the rights it provides. They believe strongly that *everybody* should have these rights.

    Yes, there are LDS people who own part of sco/canopy. Like was stated before, they are in Utah, which has a higher LDS population than anywhere else in the US. It goes to figure that yes, some of the owners would happen to also be LDS. That does not mean the church is trying to influence this case at all. The church itself doesn't own sco, and makes sure to keep it's hands clear of things like that. There is an actual church policy forbidding church leads (called general authorities) from sitting on corporate boards, specifically to keep things like that from happening.

    By the same token, the local linux users are protesting in front of sco tomorrow. Guess, what, most of us are also LDS. The church isn't saying anything about any side.

    If you want to know the churchs actual opinion, you should probably ask the church. I can tell you they are running quite a bit of linux now, and are moving more and more stuff towards open-sourced solutions every day.

  256. Re:Redmond, Wa, Vista.com, incest and brotherly lo by Thrakkerzog · · Score: 1

    Yes, that's exactly what I mean.

  257. U.S. Business Relations by TeachingMachines · · Score: 2, Insightful


    I'd be curious to know what impacts the behavior of people like McBride and others has on U.S. international business relations, existing or potential.
    From the looks of it, SCO is not and has not been an exceptional company in terms of ingenuity or revenue. Their talent seems to be in their legal skills rather than technical prowess. It also looks as if they dangled a carrot in front of the nose of some programmers with the intention of creating the current situation (and I'm not saying that there is one). I'm not a business/financial person, but if I was in Europe or the UK, or anywhere in the world for that matter, I would be hesitant to engage in business transactions with people who are so obviously out of control. "Let's sue Linus!" "Make it another billion! No, wait, make it another TWO billion! Yeah!" These numbers are obviously not tied to any real assets. The transparency of the aggression by the owners of SCO, as well as recent transgressions by other CEOs in other companies, would not seem to bode well for U.S. international business relations. I sure as hell wouldn't want to interact with someone who might turn around and take my company away. I feel like my country is rotting.

    --

    The Death Penalty: Killing people to show others that killing people is wrong.
  258. (OT correction) by MobyTurbo · · Score: 1
    I think IBM has already chosen their spot, and that's where they'll be. This one doesn't look to me like what America pulled on Iraqi Sikhs ("yeah, rise up, and we'll support you, probably").
    You're thinking of Iraqi Shi'ite Muslims. The Sikhs are a sect, a sort of combination of Islam and Hinduism, primarily located in India.
  259. Uhm professional? by waspleg · · Score: 1

    they're not trying to wake a sleeping giant they're trying to light matches between it's toes while throwing ice cubes at it's head.. and when IBM gets around to it there will be some serious godzilla style trampling...

    having been involved in lots of lawsuits (and not losing your shirt) doesn't make you a professional litigious bastard it makes you lucky one

  260. Re:will scox be bankrupt before lawsuit is settled by pyrrho · · Score: 1

    yes, thank you for mentioning SUNW... they actually think this can help them.

    What they need is to return to good engineering... making the fastest, more efficient thing. Hmmm, does that sound like "reform your company around a slow language you cannot profit from"?

    --

    -pyrrho

  261. Re:LDS faith & SCO by fugl · · Score: 1

    > But regarding the Mormons and the Constitution and their plan to save America, I will stand behind that.

    We have no plan to 'save America.' I speak as a member of the Church of Jesus Christ of Latter-day saints, as a Utahn (presently), and an avid Linux user and developer. We do try to be involved in a positive way within communities, which I believe explains why the Unix Users Group is one of the largest clubs on BYU's campus.

    Although the church has no apparent plans to 'save America,' official or otherwise, there have been quite a lot of statements from church leaders against the very sort of thing SCO is doing. (See Brigham Young quote in a sister message) Litigation as a pathway to fortune is, IMHO, hardly a moral activity and I'm sure our church doesn't stand alone in that opinion.

    Give us some credit, or at least the benefit of the doubt.

  262. Re:Mmmmm by pyrrho · · Score: 1

    It's still the case. You have to think of what Forbes is and represents. For them to mention linux is notable. They are saying "consider linux", even if they say, "not yet" or "never"... the control of public opinion is not in the answers you put below the headline (which is why often the content in an article has no facts), it's in the questions you choose to raise.

    This is part of the theory of Manufacturing Consent in the book of the same name.

    --

    -pyrrho

  263. No, no, no by Fantastic+Lad · · Score: 1

    Ummmm, Enron started down its path and did most of its misdeeds under the watchfull eyes of the Clinton administration. They are being prosecuted by the Bush administration.

    "Ummmm" yourself, smart-ass. I don't subscribe to the Tweedle-Dum & Tweedle-Dee system of politics, so you can take back your imagined slight. Anyway, I hope that while BushCo is vigorously 'prosecuting' all those guilty in the Enron scandal that they don't overlook the members of their own administration.

    You've got it backwards again. Where recently have you read of day after day of discovering yet another mass grave? Could it be... Iraq? And which administration just deposed the rulers responsible for those mass graves? Isn't it Cart^H^H^H^H Clint^H^H^H^H^H, er, Bush?

    What on earth are you talking about here? I don't have anything backwards. I wasn't making any allusions to mass-graves in Iraq. I was talking about dealing with psychopaths; indeed, when writing the sentence, I considered using the terms, "burn" "kill" "String up" "Run out of town", but settled in the end on "Bury" because it seemed the least awkward and violent of the lot. (In truth, I don't really know what you'd do with a psychopath. Instituting any system which legally kills is a bad idea simply because it can be mis-used. But psychopaths and sociopaths are really tough to deal with. Jail is expensive and ineffective since they don't actually have the brain-wiring to reform. They're almost worse than nuclear waste! But that's not the point. . .

    Though it is unrelated, I can't help but want to respond to the rest of your dumb argument. . .

    I suspect that if most people looked at the situation in Iraq, they could figure out who filled many many mass graves of up to 15,000 people each, and who removed the psychopath who was responsible for creating those mass graves. And, although it was unfortunate that anyone had to die, the total number killed in the war which freed the Iraqi people from Saddam killed far fewer people than are found in many of the mass graves that Saddam filled. A one time cost for a long term benefit.

    1. Iraq's problem was an internal affair. They didn't ask for help.

    2. The war had nothing to do with 'liberation'. Only the really, really, really dense among us still believe that BushCo's intentions were anything but greed and power-related.

    3. One-time cost? *Cough* Excuse me?! Are you one of those guys who watches CNN instead of the real news? Even the casual observer with half a brain will note that Iraq is quickly becoming the next Viet Nam in terms of on-going disorganization and a rapidly mounting death toll. On both sides.

    Saddam was nuts. But so is Bush. The difference is that Bush has power behind him, and more than enough brainwashed idiots eager to follow him straight into armageddon!

    Hey great! A guy who plays by his own made up rules that are uniquely advantageous to him. Ummmm, how is it again that you are determining what is good? (And apparently good just for you?)

    No. Absolutely not! Good for the world. I long ago decided that I would strive at all times to be of service where and how I am best able to help the world and the people around me. --But it doesn't surprise me that you would assume that I am only looking out for myself. That particular kind of mistake is called, 'projection.' Among other things, it indicates a fairly limited imagination. --No wonder you haven't figured out yet that you are being duped by your own government!

    And what pray tell will the free software community do? "Unified force!"? "Revenge" you say? Is that part of your "chaotic good"? Does anyone get hurt of lose their job in this? Or are they buried?

    I'm having trouble understanding what the heck are you talking about, but I'll try to answer you. . .

    The software community is made up of people with com

  264. Re:Ooooh. Scarrry. by budgenator · · Score: 1

    SCO is in the same boat, win a against IBM and they've violated the GPL and get sued by a thousand developers for copyright infringement i.e. distributing Linux and become the only entity in the entire universe that can't distribute Linux.

    or loss the suit and get counter-sued by IBM!

    --
    Apocalypse Cancelled, Sorry, No Ticket Refunds
  265. That's what I said... by vandan · · Score: 1

    I told you so. Fair enough - I was wrong about the individuals involved. But I knew The Canopy Group was behind it.

    The Canopy Group are run by the kind of scum you typically find at the top of the ruling elite in each country. The problem for us is that reality seldom affects a court's decision, since there is so much 'incentive' coming through the back door. These 'investors' have such an astronomically large amount of money that it won't matter who did what.

    Consider also the outcome from our 'win' against Microsoft. Hopefully we don't have the same kind of win against The Canopy Group...

  266. Just added you to my friends list for this. by spun · · Score: 1

    Because I like the way you think, write, and respond to assholes. Cheers!

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  267. Let's help SCO win! by Anonymous Coward · · Score: 0

    Hey!

    Quit giving out info that SCO could use in a court case against IBM/Linux

    A Real Anonymous Coward

  268. Re:The REAL power behind the sco nuisance by hendridm · · Score: 1

    Preferences -> Homepage -> Exclude -> Topics -> Caldera

  269. History of ancient_unix.html at web.archive.org by Anonymous Coward · · Score: 0

    Very interesting:

    http://web.archive.org/web/*/http://www.sco.com/ of fers/ancient_unix.html

    1. Re:History of ancient_unix.html at web.archive.org by towatatalko · · Score: 1

      They must have removed that link because it is no there. What was that about?

      --

      IP was invented for the sake of lawsuits.
  270. maybe you could be the new commentator by waspleg · · Score: 1

    for a new reality show called American Justice where lawyers compete in trials and people pay money to call in and decide which team of lawyers is hottest (and therefore wins) and just like the people's court the decisions could be made binding by having the corporations/guest litigants sign contracts (which could themselves be spun off when they inevitably end in litigation themselves) deffering (sp?) to the judgement of this travesty...

    we'll both be rich; somehow

    am i the only one who is cynical, morose, and somber simultaneously today?

    1. Re:maybe you could be the new commentator by Legal+Penguin · · Score: 1

      Sign me up! It's a combination of "American Idol" and "The People's Court" so we'll call it "The Idle American People's Court"!

      Now to find a lawyer to negotiate my contract . . .

      --
      "The true administration of justice is the firmest pillar of good government." - George Washington
  271. OMFG!?! by waspleg · · Score: 1

    how can anyone own an idea?!???? and you call yourself a genius

    go sit in the corner

  272. hmm.. by waspleg · · Score: 1

    see the thing is, (and i still have die bags although mine has a pipe in it ;)) that whether you follow the rules or not you are always a criminal in the eyes of the gov't because that is the only way they can exercise absolute control over you, in the name of protecting everyone else from your "terrorism"... the fact is even speed limits are set so that you will break them..

    as for your last line:

    "Sociopaths are not human. Destroy them before they destroy you. Don't waste your good conscience on them, because they haven't got one."

    after a rant about "BushCo" i'm utterly suprised by this, was not the entire iraqi fiasco designed as a strike-first ask questions later kind of deal? (WMD OBL and Saddam?? but who remembers them right)

    if you were to act on your own advice you would become them, just another zealot trying to kill someone else because they "are not human" based on them not being in line with your world view =)

    i'll assume you put that because you were angry an sometimes passion outweighs reason (and if you look through my posts you will definitely see that)

  273. Geek alert. by geekoid · · Score: 1

    That would be Chaotic. Whether or not it is good depends on the rules as to whether or not it is good, evil or neutral.

    "Sociopaths are not human. Destroy them before they destroy you. Don't waste your good conscience on them, because they haven't got one."

    based on that, you would be Chaotic Evil.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:Geek alert. by Fantastic+Lad · · Score: 1
      "Sociopaths are not human. Destroy them before they destroy you. Don't waste your good conscience on them, because they haven't got one."

      based on that, you would be Chaotic Evil.


      Gotta disagree. Psychos are monsters.

      If somebody were to fight his way through the throngs of zombie minions and into the heart of the dark empire, dispatch all of the evil advisors and commanders and plant a white sword in Bush's chest, then that guy would be a hero. Probably not even a chaotic one.

      Heck, a paladin would be well suited for such a task.

      And the crowd goes wild.


      -FL

  274. Hello Shotgun, Hello Foot by Anonymous Coward · · Score: 0

    That's sure going to help innocent people who are using SCO products, want to chose open source in the future.

  275. BSD License by Anonymous Coward · · Score: 0

    I read on PUPS, 24 January 2002 ?, Caldera released the Ancient Code under a BSD like license (with an advertising clause), read here:

    http://www.tribug.org/pub/tuhs/Caldera-license.p df
    http://www.tuhs.org/Archive/Caldera-license.pdf

  276. Canopy/Umbrella? by Anonymous Coward · · Score: 0

    So is Canopy kind of like that Umbrella Corporation from the Resident Evil series?

  277. Screw you guys, I'm going home. by BiggerIsBetter · · Score: 1

    I've had a gutsful of the Licensing shenanigans that's been going on in the Unix world. I love Linux and indeed Unix, but I've had enough of this crap.

    I'm installing BeOS on my desktop and car, and putting GNU/HURD on my servers. Fuck SCO, and fuck the Unix world in general for letting it get this far. Can someone with some money please just sue SCO for pissing everyone off?

    It's only lunchtime, and I'm angry already...

    --
    Forget thrust, drag, lift and weight. Airplanes fly because of money.
  278. Re:Mmmmm by Anonymous Coward · · Score: 0

    The article in question focused on Linux as a desktop platform and all but ignored Linux as a server platform. Of course, it didn't quite occur to them that there is little reason to run Moron Antivirus on a Linux workstation, much less a Linux server.

  279. Re: class action lawsuit -- let's take them over. by BiggerIsBetter · · Score: 1

    I dunno, but the way to really hurt these guys is to demolish their stock price. That can only be done with information being sent to the market, and most investors don't give a toss about us geeks. IBM on the other hand, now they could do some PR damage...

    --
    Forget thrust, drag, lift and weight. Airplanes fly because of money.
  280. My nominees... by dcavanaugh · · Score: 1

    • fudbusters.net
    • scobusters.org
    • scofudbusters.org
    • scofudexposed.org
    • linuxcommandos.org
    • operationcodefreedom.org
    • darylsnightmare.org
    • darylsfolly.org
    • sinksco.org
    • byebyesco.org
  281. Interesting not found page by pimpinmonk · · Score: 1
    Did anyone check the not found page??? All I could think of was "oy vey."
    If you're having problems with a broken link, send us your e-mail and we'll find the page for you. If the page is on the Linux Documentation Project site (http://www.sco.com/LDP/), email feedback@linuxdocs.org.
  282. MODERATE THIS UP!!! by Anonymous Coward · · Score: 0

    MODERATE THIS UP!!!

  283. IRC transcription of SCO,Novell and IBM convos by Bruj0 · · Score: 1
    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.)
    Ripped from This journal
    --
    http://securityportal.com.ar
  284. Re: LDS faith has nothing to do with it by shadowbearer · · Score: 1

    I don't believe there is any connection between the LDS church and SCO either.

    I would hope that the LDS church issues a strong condemnation of SCO and their tactics, if for no other reason, based on the BY quote by the grandparent post. They should, if they really believe in what he said.

    A strong public statement of that kind would go a long way towards mitigating SCO FUD.

    SB

    --
    It's old. The more humans I meet, the more I like my cats. At least they are honest.
  285. Can SCO be registered as a vexatious litigant? by CrossHare · · Score: 2, Interesting

    Not sure about the US, but here in Australia you can ask a court to rule an entity (person or organisation) as a vexatious litigant. This basically means the entity has to petition the court before they commence any legal proceeding and show that they're not just being annoying bastards...

  286. True, true. by Fantastic+Lad · · Score: 1
    I do come on strong here. I don't really want to see blood and guts flying. I'm not even all that angry.

    I have found a few meathods of dealing with those people. --The ones who are primarily draining to associate with, are always in need of help, who always make their selfish demands upon you when you can least afford it, and above all, never, never grow or learn from their own mistakes

    1. Always be aware. Look for the signs. Quite simply, about half the people out there are on paths seeking their higher selves, and half are actively deteriorating and will absolutely seek to take down anybody around them they can get their fingers into.

    2. Not all of them are psychos, but then psychos are just the models which are damaged. The other type are much more difficult to detect except over long durations of observation.

    3. Be ruthless in cutting these sorts of people out of your life. Don't worry about hurting their feelings, because they clearly do not worry about hurting yours. Guilt trips are one of their prime methods of control. It's okay to be ruthless! --I have to keep telling myself this, because I'm currently dealing with a particularly difficult case, (the skill level seems to always go up as one progresses through life), and I do find myself guilted into shit I should know better to avoid. In the end, allowing these sorts a piece of your time and energy only hinders your efforts to be your best and most useful self, and in the end it helps nobody, becuase any efforts are entirely wasted on the selfish. It's a drain, and in these final few months and years we have left, having enough energy and internal strength is going to be of paramount importance.


    -FL

    1. Re:True, true. by evbergen · · Score: 1

      Well, I don't particularly subscribe to the idea that people can be truly beyond hope, even sociopaths.

      However, I do agree with the idea that if you allow someone like that to harm you, you're effectively an accomplice to the crime of increasing the total amount of bad deeds done. Indeed, say no to sociopatic acts, regardless of how the sociopath will feel or try to make you feel, but say yes to sociopaths whenever they act different.

      --
      All generalizations are false, including this one. (Mark Twain)
  287. So... who's going to hand SCO the iocaine powder? by leonbrooks · · Score: 1

    It's inconcievable that with such dizzying intellects, they could refuse such a challenge!

    --
    Got time? Spend some of it coding or testing
  288. You idiot! by leonbrooks · · Score: 1

    You're making it worse! (slaps illumin8, makes his hardhat spin)

    --
    Got time? Spend some of it coding or testing
  289. I disagree on one point by dzimmerm · · Score: 1

    The legal system is not meant to allow something that is fair to succeed over something that is not fair. The legal system is in place to reduce the body count. If we did not have a legal way of resolving issues then lawyers and businessmen that acted unfairly would start to turn up with holes in various critical parts of their anatomy.

    Legality is all about how to resolve issues without resorting to bloodshed. If you live in california you may have missed this little bit of information. It is still true though.

    Justic will always prevail, it is just less messy with a legal system, IMHO.

    dzimmerm

    --
    Jumping to correct solutions slowly is better than jumping to incorrect solutions quickly.
  290. I always know a burro when I see one. by jotaeleemeese · · Score: 1

    So let me tell you, you are a burro.

    I don't know from where you get the idea that OSS is trying to avoid corporate lock down of software.

    The aims are simple but far reaching: I write something, you can't use it without contributing.

    That applies to you, mom & pop, me, Homer Simpson and the big corps. It levels the playing field for eberybody that wants to play.

    To have corporate players in the OSS side provides invaluable resources that perhaps losely organized individuals can't provide. One is marketing and mindshare. In the past it was a pain to get hardware manufacturers to provide information or contribute drivers for OSS projects. Now, thanks to companies like SuSE, Read Hat, IBM, Oracle and even Sun (which for some inextricable reason so many here hate) Linux has a recognized and respected name, if users or developpers request Linux support for their hardware or software, they are no longer laughed at by IT providers.

    If you distrust corporate contribution feel free to launch your distro (how are you going to call it, Leninux? Marxus? Commieux?) and state that you don't welcome corporate contributors. Funnily enough corps would still be free to modify and distribute your stuff if you GPL it.

    That is the beauty of OSS, that for those willing to stop whining there is always a way out to find what they think would be the best form a technical and even moral and political point of view.

    --
    IANAL but write like a drunk one.
    1. Re:I always know a burro when I see one. by KingRamsis · · Score: 1

      So let me tell you, you are a burro.
      Thank you sir, Iâ(TM)m honored to be insulted by such an intellect like you this will certainly make it to my CV, I wish people here will discuss things without the name calling, anyway my reply is not you only but to the community.

      I don't know from where you get the idea that OSS is trying to avoid corporate lock down of software.

      if the OSS is not about fighting corporate locking you down on their proprietary platforms then what ??
      both free as in beer and free as in speech specifically address this problem, it makes the end user in control not the corporate.

      To have corporate players in the OSS side provides invaluable resources that perhaps losely organized individuals can't provide.

      and lawsuits so big even a regular Joe doe canâ(TM)t get into even if he/she screwed up big time, because a sleazy SCO will not go after an individual it is simply not profitable.

      ok Iâ(TM)m going to agree with you that corporate support helped to speed up things, but it was certainly not a requirement, Linux was gaining momentum driven by the community alone maybe slow, but it was steadily advancing, back at school we used the pre 2.x kernels and things were reasonably ok, and now we are a full generation of IT people who support and recommend Linux give it some time and hardware vendors will get the message that if they want their hardware sold they must support Linux ⦠all it takes is one vendor pledging support and all competitors will follow.

      Finally all corporates out there (IBM, Oracle) will dump Linux as soon as it gets into their way because they are revenue driven, SUN did it !!!

  291. Please mod up parent! by jotaeleemeese · · Score: 1

    I am not a US taxpayer(Oh shit, I actually am!) I hold some share from some US companies and certainly I would like to see transparency in the US markets.

    People should really point IBM and SEC in the direction of this shady dealings (and perhaps email SCO executives, so perhaps they stop their nonsense from their own accord....). We believe they may be already on this, but one never knows, they may miss it and that would be a real injustice.

    --
    IANAL but write like a drunk one.
  292. Corporations exist for a purpose... by bacchusrx · · Score: 1

    You really can't tar them all with the same brush.

    Sure, you can. Every corporation on Earth is a means to the same end: profits for the capital owners. It's a pretty straightforward, quantifiable objective. The side effects of those objects in a market economy are various, but well understood.

    Sure, corporations have probably contributed some benefit to the social good... but as their existence in the production of "social good" isn't required (there are numerous examples of humanity getting on -- with "progress" and all -- without them), the overall effect has been an increasingly unnecessary amount of human suffering.

    The "best" corporation, by definition, is the most greedy and ruthless. We're lucky that corporations exist that don't cause any significant human suffering. But those corporations exist in spite of themselves--the impact of the capitalist enterprise, the market system, and, really, our system of governance, encourages behaviour that most people would consider abhorrent, yet many condone as "just the facts of business."

    It's not as if there aren't alternatives: co-operative and participatory economies do exist... most earnest economists would no longer deny that functional economies based on equity, diversity, self-management, and labour efficiency are possible.

    The rules of the system are contrived--the idea that we as a race require cutthroat competition over concerted co-operation is, well, cynical, yes, but more importantly unfounded.

    So, what you call "anti-corporate sludge" isn't about painting corporations as if they were people (who have myriad motivations and reasons for being). It's about recognition of the fact that the conditions that not only created but are also sustained by corporations are unnecessary and harmful to the well-being of both individuals and society.

    bacchusrx.

    --
    Life after capitalism? The participatory economics project
  293. faqsco.org Re:Yere there is a way to contribute! by jomanaka · · Score: 1

    If you want CIOs and press to take it seriously, then scosucks.org is not appropriate.
    Also, perhaps it could be under the .info FQDN.
    scofacts.info
    antifud.info
    Perhaps even faqsco.info would be enough tongue in cheek to be acceptable.

  294. Stop being a fool by brunes69 · · Score: 1

    The whole POINT of that article was to sign an NDA get access ot the source, and be able to post results of a comparison without violating the NDA. Since we have a link above where you can just go downlooad the source without any NDA (what point is an NDA when the code is freely downloadable from SCO anyways?), the article is pointless.

  295. SCO's Public Statements by WillRobinson · · Score: 1

    While SCO is changing the scope of their lawsuits, and yes in court, lawyers may legaly lie, they may not do so outside of court. I hope FSF is keeping origional copies of all articles, and sue their pants off either after or during the trial!

  296. Stop Using SCO Unix by 1000xZero · · Score: 1

    Hey all. If Microsoft wants to use SCo as its proxy to fight Linux and SCO wants to be that person. How about everyone make plans, if you are using SCO Unix, to use anything else. Put the hurt on SCO in its pocket. Stop using SCO for anything.

    1. Re:Stop Using SCO Unix by Anonymous Coward · · Score: 0

      Also, why not boycott SCO's customers? I believe that the largest is McDonald's.

  297. Re:(OT correction) - to go further OT by RALE007 · · Score: 1

    To further elaborate your true correction, Sikhism is the majority religion in the province of Punjab in India. The religion started in this buffer area between Muslim dominant and Hindu dominant areas. Sikhism encorporates aspects of both religions and started with the intent of curbing violence between Muslims and Hindus. Instead of curbing violence, the religion became a target of both Muslims and Hindus, resulting in Sikhs becoming excellent militants and fighters to defend their beliefs. I'm sure you're probably aware of this information, I just thought other readers may find it interesting although very off topic.

    --
    Beware blue cats moving at .99c
  298. Just should note... by Anonymous Coward · · Score: 0
    That he isn't King George.

    Count them:
    George Washington
    George Herbert Bush
    George Washington Bush

    I, II, III.

    He's George the third.

  299. The Canopy Group must have missed their letter... by Anonymous Coward · · Score: 0

    According to netcraft

    The site www.canopy.com is running Apache/1.3.11 (Unix) ApacheJServ/1.1.2 mod_perl/1.21 PHP/4.0.4pl1 on Linux.

  300. Please mod up. Re:Trolltech [QT Makers] is by Anonymous Coward · · Score: 0

    I second the motion to mod parent up. Corporate share dynamics clarified. Needs more info, but good enough that it should be noticed.

  301. Yes, and also.. Re:Yeah, except for one little by Anonymous Coward · · Score: 0

    And also, I thought the main issue has to do with contract law and nothing to do with trade secrets or "true" ownership of intellectual property.