Slashdot Mirror


SCO Taking Linux Discussion To Japan

levin writes "EETimes is carrying a new story about our good friend Darl McBride, CEO of SCO. His latest escapades include a trip to Japan in response to the CE Linux Forum initiative undertaken by several big-name Japanese tech firms such as Sony and Toshiba. He's putting his famous tainted code dog-and-pony show on parade, trying to influence some of the major CELF founders."

463 comments

  1. Too Bad... by JoeLinux · · Score: 4, Funny

    ....I guess that means he'll have to accept his AssHat Award by proxy.

    1. Re:Too Bad... by WTFmonkey · · Score: 1

      Can I get an etymology on "asshat"? I've been wondering about that for a while now...

    2. Re:Too Bad... by PD · · Score: 2, Informative

      Invented on fark.com. They are trying to get the word into common usage, and I think they succeeded. I even heard it on TV.

    3. Re:Too Bad... by cshark · · Score: 1

      I wonder if he'll get lampooned in Japan by the IT people there like he has here in the US and the rest of the english speaking world. If I only spoke Japanese....

      --

      This signature has Super Cow Powers

    4. Re:Too Bad... by Trigun · · Score: 5, Informative

      It probably was popularized by Clint Eastwood in 'The Outlaw Josey Wales' when he said, "I'll kick you so hard, you'll be wearing your ass for a hat".

      Although, UrbanDictionary.com says:

      5 definitions found.

      asshat

      One who has their head up their ass. Thus wearing their ass as a hat. Asshat

      asshat

      One who enters into a new environment without taking the time to learn any of the social rules of the place. Then they promptly make pretty much every social gaff you can imagine this side of shitting on the dinner table.

      You know, a moron.

      Scrappy Doo is one of the few existing examples of an animated asshat.

      asshat

      a person who has no common sense or just plain stupid.

      Some of the people on notPopular.com are asshats.

      asshat

      exclamation said when being woken up for the third time by your drunken roomates

      i hope this asshat likes the taste of concrete

      asshat

      1. A hat worn by a drunken fool, or ass.

      2. A foolish person, as one who would wear an asshat.

      1. At the party, Jon made a fool of himself when he donned his asshat, the lampshade.

      2. By bothering everyone at work, that asshat has made a real fool of himself.

      Hope this helps...

    5. Re:Too Bad... by Anonymous Coward · · Score: 0

      I'll tell you:

      it's a fake word that only morons on Fark and slashdot use. The real-world cognate is 'asshole.'

      If you really wanna be unique in your cursing, try using

      -flap or -knuckle

      such as assflap, assknuckle, fuckflap, or fucknuckle

    6. Re:Too Bad... by WTFmonkey · · Score: 1

      Excellent! How is it I've never heard of urbandictionary? Oh well.

      Best part of Josey Wales: drink whenever Clint spits, kills someone, or says "I reckon." The gatling gun scene is a killer.

    7. Re:Too Bad... by Suppafly · · Score: 1

      I believe it's used on penny-arcade.com all the time.

    8. Re:Too Bad... by Megane · · Score: 2, Informative
      Ano gaijin wa aho desu ka?

      Iie, oshiri boushi to iimasu ne.

      --
      #naabhaprzrag, #sverubfr-000, #agi-fcbafberq, negvpyr[pynff*=' negvpyr-ary-'] { qvfcynl: abar !vzcbegnag; }
    9. Re:Too Bad... by gcalvin · · Score: 5, Insightful

      The EETimes article makes several mentions of SCO's "Unix patents", as if patent infringement were at the core of this controversy. I was under the impression from the other articles I've read that the issues were 1) breach of contract (with respect to IBM) and 2) copyright infringement (with respect to everyone else, including the 1500 recipients of letters from SCO). This is the first mention I've heard of patents. Is it really about patents, or is Charles J. Murray (the article's author) deserving of an AssHat Award too?

    10. Re:Too Bad... by Anonymous Coward · · Score: 0

      Well damn, you just described the majority of /. users.

    11. Re:Too Bad... by Anonymous Coward · · Score: 0

      duh, he described 90% of mankind

    12. Re:Too Bad... by rworne · · Score: 4, Funny

      Ano gaijin wa aho desu ka?
      Iie, oshiri boushi to iimasu ne.


      I commend your use of keigo but it isn't totally warranted in this case.

      Ano yatsu aho ka?
      (Said to friend)

      Chigau, ketsu-boushi da.
      (oshiri is polite form like "bottom" or "butt". Ketsu is more vulgar, closer to the meaning "ass". I've never heard Japanese refer to the sphincter as ohshiri-no-ana, only as ketsu-no-ana, anaru, or komon)

      If you are wondering where I picked most of this up, you get to learn a lot in Akihabara watching some kids teach Sega's Seaman to talk in Japanese.
      --
      I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
    13. Re:Too Bad... by Anonvmous+Coward · · Score: 1

      "Can I get an etymology on "asshat"? I've been wondering about that for a while now..."

      It probably evolved from one of two places:

      1.) Ever hear the term "You'll be wearing your ass as a hat!" ? It's supposed to mean something like "I'm going to kick your ass so hard it'll rise up above your shoulders"

      Derived from there, asshat would be somebody who is extremely deserving of such an ass kickin.

      --or--

      2.) There's also the phrase "You've got your head up your ass", one could draw a link that says an asshat is somebody who's ignorant.

      In this particular context, I think #1 probably fits better. I'm sure the sentiment here is that SCO is begging for somebody to come along and through rocks at them.

    14. Re:Too Bad... by Anonymous Coward · · Score: 0

      --
      Every time you share on a P2P network, God kills a kitten.
      Please think of the kittens.


      Oh, that's how I can keep them from taking a shit in my garden!

    15. Re:Too Bad... by Anonymous Coward · · Score: 0

      Yes, you heard it on "That 70s Show." Not sure when the episode was made, but it involved Eric's dad threatening him with the "ass as a hat" thing, and he made various comments about not wanting an asshat.

    16. Re:Too Bad... by Anonymous Coward · · Score: 0

      100% of washington (dc, not the state....)

    17. Re:Too Bad... by Ian+Lance+Taylor · · Score: 1

      The articles does mention "Unix patents," but SCO doesn't hold those patents. It's possible that SCO has some enforcement rights on them, but I haven't seen any evidence for that.

      I think the author of the article confused patent and copyright.

      I've seen that confusion fairly frequently. As somebody else said, maybe RMS, it happens in part because people think that the issue is ``intellectual property,'' and then start talking about patents and copyright interchangeably. In fact, of course, patents and copyrights are very different, and neither are analogous to ``property'' in the usual sense of the term.

    18. Re:Too Bad... by sinan · · Score: 1

      >

      To Quote Arlo Guthrie:

      "We must not negotiate with terrorists at any level!"

    19. Re:Too Bad... by albeit+unknown · · Score: 1

      It wasn't Clint, but instead a Union soldier.

    20. Re:Too Bad... by Anonymous Coward · · Score: 0

      Are there any software patents associated with the AT&T Unix code base? I was under the impression that while people occasionally tried to get software patents, none were successful until the late 80's or so. Until then, software companies relied strictly on copyrights for IP protection.

      At least that was my understanding, please, someone, correct me if I am wrong. In particular, if possible, cite an AT&T Unix-related patent granted prior to IBM's original licensing of the Unix source and code base in 1985.

      This would, of course, suggest that anyone mentioning patent infringement in the course of this case would have automatically identified themselves as a clueless idiot.

    21. Re:Too Bad... by tuxtomas · · Score: 1

      In reply to the game.... A buddy and I once shaved our chests and glued the hair to our palms. We then proceeded to purchase cheap items at many outlets. A little something for the arsenal, since your buying vaseline.

      --
      Open source- the greatest equalizer mankind has ever seen.
    22. Re:Too Bad... by Anonymous Coward · · Score: 0

      SCO is just plain BAKA.

    23. Re:Too Bad... by Anonymous Coward · · Score: 0

      "it happens in part because people think that the issue is ``intellectual property,'' and then start talking about patents and copyright interchangeably. In fact, of course, patents and copyrights are very different, and neither are analogous to ``property'' in the usual sense of the term"

      Well, thats what you get with counter-intuitive abstractions.
      "It's piracy!"
      "What, they got a boat and guns and everything?"
      "No, they copied a CD"
      "Oh, right. I did that last night"
      "Then you`re a thief!"
      "Huh? No, i didn't steal anything?"
      "Sure you did!"
      "No, the CD is still there - i just made a copy"
      "Thief!"
      "Uhhh...no. I don't like thiefs. My friend got their car stolen the other day. She had to take a cab to work, jerk around with a bunch of idiots on the phone to get her insurance sorted. If they`d just copied her car there wouldn't have been a problem."

    24. Re:Too Bad... by Anonymous Coward · · Score: 0

      I'm thinking Bakayaro is more emotive.

  2. Does anyone out there still use SCO Unix? by ACK!! · · Score: 4, Interesting

    For what?

    I remember we use to use this EMC datamovers on the controller server that was hooked up to the things. Besides that, I knew of only one other company that used them.

    --
    ACK /ak/ interj. 2. [from the comic strip "Bloom County"] An exclamation of surprised disgust, esp. i
    1. Re:Does anyone out there still use SCO Unix? by carpe_noctem · · Score: 5, Funny

      Yeah, I use SCO as my server platform, and WinXP for my desktop. I'm a /. rebel, baby!

      --
      "Quoting famous computer scientists out of context is the root of all evil (or at least most of it) in programming." - K
    2. Re:Does anyone out there still use SCO Unix? by Khakionion · · Score: 0

      Perhaps that is why this lawsuit exists, no? To draw attention to their product?

      --
      OMG! Wau!
    3. Re:Does anyone out there still use SCO Unix? by Surak · · Score: 4, Informative

      FilePro. We use it for a FilePro database that runs our entire accounting operations. I dunno why. Maybe I should mention to them that FilePro runs on Linux now. (duh).

    4. Re:Does anyone out there still use SCO Unix? by Jeremy+Erwin · · Score: 5, Funny

      Just finished converting my home's systems from Debian to OpenServer. Cost me a bundle, but I figure it's important to support organizations that defend IP rights.

    5. Re:Does anyone out there still use SCO Unix? by cdrudge · · Score: 2, Informative

      Yes. Over 700 servers mainly on OpenServer 5.0.5 and 5.0.6.

    6. Re:Does anyone out there still use SCO Unix? by frodo+from+middle+ea · · Score: 0, Flamebait

      good for you, no one cares.
      Nothing more entertaining that a rebel without a clue.

      --
      for the last time people, I am "frodo from middle eaRTH", not "middle eaST".
    7. Re:Does anyone out there still use SCO Unix? by xTown · · Score: 1

      I use it because my company has a product that runs on SCO Unix (among many other Unix and Unix-like platforms). As far as I know, though, we have no customers that use SCO Unix, even though we religiously test with our one ancient, creaking SCO box.

    8. Re:Does anyone out there still use SCO Unix? by Anonymous Coward · · Score: 0

      > Nothing more entertaining that a rebel without a clue.

      Unless it's a frodo without a sense of humor.

      Here's a clue for you: it was a JOKE.

    9. Re:Does anyone out there still use SCO Unix? by Xerithane · · Score: 3, Funny

      FilePro. We use it for a FilePro database that runs our entire accounting operations. I dunno why. Maybe I should mention to them that FilePro runs on Linux now. (duh).

      Wow, I thought we were the only bass-ackwards organization that did that. We're trying to migrate away from FilePro, as it's retarded in ways that makes the short-bus riding childrens parents cringe in horror and shock.

      We regularly get to make SCO jokes, though. Still not any form of consolation for having to have programs actually run on that shit.

      --
      Dacels Jewelers can't be trusted.
    10. Re:Does anyone out there still use SCO Unix? by Adelvillar · · Score: 1

      I work for an oilfield services company and we have it for a nightmare of finance application developed in Workstation Basic by a Canadian company. We have it in Canada, Mexico, Venezuela and Brazil.

      That OS is awfull I doesn't even have drivers for the RAID cards that came with the servers. That is the kind of thing that drove them out of the market.

      Shame on them!

      --
      "In God we trust, all others must bring data" - W. Edwards Deming
    11. Re:Does anyone out there still use SCO Unix? by Anonymous Coward · · Score: 0

      Won't you feel like the biggest fool when:

      1. IBM proves every one of SCO's claims is false and SCO is forced to pay IBM's legal fees, forcing them into bankruptcy
      2. IBM sues SCO and its executives for trade libel for damaging the reputation of Linux and AIX
      3. Someone discovers SCO has put Linux code that is licensed under the GPL into their Unix code and sues SCO for copyright infringement
      4. Owners of the Linux kernel copyrights sue SCO for violating their rights by including non-GPL code in the Linux kernel and demanding royalties for the code, both of which are forbidden by the GPL
      5. IBM sues SCO for infringing on any one of their thousands of patents
      6. SCO is investigated by the SEC for illegal behavior regarding their giving employees stock at a tenth of a cent per share and artificially pumping up the price of their stock by continuous hype and sensationalism in the media

    12. Re:Does anyone out there still use SCO Unix? by sheddd · · Score: 4, Funny

      Our point of sale system is running on SCO. Replacing it this winter woohoo :)

      With a M$ system :(

      I do like to bash Microsoft but sometimes their products make sense.

    13. Re:Does anyone out there still use SCO Unix? by 1010011010 · · Score: 1

      Why?

      Seriously.

      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    14. Re:Does anyone out there still use SCO Unix? by grub · · Score: 1


      Maybe I should mention to them that FilePro runs on Linux now.

      If you're looking at moving away from SCO that would be pointless to mention; remember that SCO owns everything Linux.

      --
      Trolling is a art,
    15. Re:Does anyone out there still use SCO Unix? by packethead · · Score: 5, Informative

      Apprently some still do. A lot of bricks and mortar type companies run their manufacturing systems on Openserver. They are generally low-tech firms to begin with and have no plans to budget for any upgrades, nor should they - for what they do.

      Now. Any company that requires, HA/failover/performance, etc. Needs to *not* be running OpenServer. Netconfig requires a re-link and reboot anytime you breathe on it. THe package manager is this thing called 'custom', which is anything but customizable. SMP? Gigabit Ethernet? Journalized filesystem? I think not! Maybe the Military can use it, considering that Colonel Panic and Major Re-install are part of the core functionality.

      UnixWare is better, but it ain't Solaris.

      --
      .sig
    16. Re:Does anyone out there still use SCO Unix? by Anonymous Coward · · Score: 0

      Unix System V 3.2.......need I say more....puke....

    17. Re:Does anyone out there still use SCO Unix? by Anonymous Coward · · Score: 0

      It's sarcasm. you know, sarcasm... say it slowly til it sinks in.

    18. Re:Does anyone out there still use SCO Unix? by Sanction · · Score: 1

      Similar to the guy below mentioning an app in Workstation Basic, the only user I know is a company running an ancient warehouse management app written in Business Basic.

      SCO Open Server is a perfect fit for apps written in Basic though...

      --
      Well I'm the doctor and I say you're dead, so shut up and take it like a man!
    19. Re:Does anyone out there still use SCO Unix? by Sanction · · Score: 1

      Thank God that some companies provide mental health benefits!

      --
      Well I'm the doctor and I say you're dead, so shut up and take it like a man!
    20. Re:Does anyone out there still use SCO Unix? by GnarlyNome · · Score: 1

      Boy!You are a Glutton for Pain

      --
      Diplomacy is the art of saying "Nice doggie" until you can find a rock. Will Rogers
    21. Re:Does anyone out there still use SCO Unix? by Anonymous Coward · · Score: 0

      I know of a system (I declined the sysadmin job) that consists of a large number (hundreds) of SCO systems. Think telephony and voice recognition. The figure I was quoted was something like 80% of the market for this product uses them (and in turn sco). There's a very good chance the majority of slashdot readers have interacted with the system and didn't even know it.

    22. Re:Does anyone out there still use SCO Unix? by carlos_benj · · Score: 1

      Hmmm. Some of those who responded certainly go a long way toward explaining some of the moderation that gets done around here.....

      --

      --

      As a matter of fact, I am a lawyer. But I play an actor on TV.

    23. Re:Does anyone out there still use SCO Unix? by Surak · · Score: 1

      We have AIX boxes too. Darl McBride can kiss our collective shiny asses!

    24. Re:Does anyone out there still use SCO Unix? by Anonymous Coward · · Score: 0

      You can't sue their executives. Today (JULY 7), SCO amended their corporate bylaws indemnifying directors/executives from legal responsibility. See middle of page 9.

      Looks like they're spending time strategizing how to protect their asses instead of selling licenses.

      http://www.sec.gov/Archives/edgar/data/1102542/0 00 104746903023479/0001047469-03-023479-index.htm

    25. Re:Does anyone out there still use SCO Unix? by Surak · · Score: 1

      Yeah tell me about. FilePro dies more often than some of our aging Windows NT 4.0 Workstation clients (which we're STILL phasing out). I wish I *were* making a bad Microsoft joke. :)

    26. Re:Does anyone out there still use SCO Unix? by Anonymous Coward · · Score: 0

      Wonder if indemnifying can be retroactive or if they could still be sued for their actions before the indemnification began.

    27. Re:Does anyone out there still use SCO Unix? by Anonvmous+Coward · · Score: 1

      "Yeah, I use SCO as my server platform, and WinXP for my desktop. I'm a /. rebel, baby!"

      If you had said "WinME" then your rebel authority would have been recognized by the Pro MS ppl too.

    28. Re:Does anyone out there still use SCO Unix? by shadowbearer · · Score: 3, Interesting

      The Ace Hardware down the street still uses SCO OpenServer Release 5 for their POS systems. I was talking to the owner last week and he showed me their new POS they are phasing in....running Windows XP. He didn't have very kind words for SCO tech support.

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
    29. Re:Does anyone out there still use SCO Unix? by WeaponOfChoice · · Score: 2, Funny

      Nothing funny about that, I'm in exactly the same boat. For some reason management has the idea that a system that lasts for 15 years without upgrades is a *GOOD* thing...

      --


      It's not that I'm Anti-American - I'm Pro-Freedom
    30. Re:Does anyone out there still use SCO Unix? by commodoresloat · · Score: 1

      I wonder if indemnifying them will have any more effect than putting their hands over their ears and shouting "I can't hear you!" Just because their by-laws state they can't be sued doesn't mean they won't be. And I hope they are....

    31. Re:Does anyone out there still use SCO Unix? by fanatic · · Score: 1

      Our ancient NorTel PBX has a SCO box connected to it for management and reporting, via something called (I think) Switchview.

      Every once in a while I get asked to look at it. I've learned to fign ignorance, not an easy thing, emotinally, for a geek.

      --
      "that's not encryption - it's a new perl script that I'm working on..." - from some Matrix parody
    32. Re:Does anyone out there still use SCO Unix? by Anonymous Coward · · Score: 0

      You're stupid.

    33. Re:Does anyone out there still use SCO Unix? by Anonymous Coward · · Score: 0

      McDonalds uses SCO in most of their U.S. restaurants .

    34. Re:Does anyone out there still use SCO Unix? by eniu!uine · · Score: 1

      I heard an unverified rumor that McDonalds use it for their "Food" services. So don't eat at McDonalds... in case you needed another reason.

    35. Re:Does anyone out there still use SCO Unix? by Badanov · · Score: 2, Funny

      HEY!! I rode the short bus in high school!

      --
      Dawn of the Dead
    36. Re:Does anyone out there still use SCO Unix? by drinkypoo · · Score: 4, Insightful
      Lots of people still use SCO Xenix, let alone Unix, for things like point of sale and proprietary management systems such as for delivery tracking. Probably the biggest company doing the latter, ADAQ, was purchased by Mobile Information Systems which has a Sun/Solaris package to do the same thing, with GUI tracking of GPS-enabled trucks and so on, so they have probably transitioned just about everyone off the old package, and there's probably like two people supporting the old users, and no one issuing fixes.

      The thing is that these mom and pop operations dropped a few grand on a 386, a five user Xenix license, and this software package and as long as it works, they'll keep using it. Not to mention it's a minicomputer, they just get to use dumb terminals which are available at garage sales and whatnot, rather than having to have PCs. The package does everything, including financials and such, so why use something else? When the hardware fails and they find out they can't run 386 Xenix on modern hardware and they need a SCO license, then they decide they might as well buy a used Sparc or something, and that's the time to transition. However I do recall assisting one customer on transitioning to SCO Unix on a Pentium 2 instead of going to the other product. Poor bastard.

      However the point remains that if it ain't broke, why screw with it? If you're trying to make any kind of customizations, then you would like a much better OS, especially something better-supported. If you're just using something for a turnkey system, then you want something with low overhead and high stability, and while SCO Unix doesn't really fit the bill there in either category, good old SCO Xenix was amazing. Unix on a 286 in 1mb of ram, installed in 20mb of disk is nothing to sneeze at. Of course there are older examples of Unix on even lesser hardware, and there's always Minix but hell, it's almost as restricted as Xenix :P

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    37. Re:Does anyone out there still use SCO Unix? by Billly+Gates · · Score: 1
      McDonalds, Del-Taco, and other POS application customers use it. Its their core market.

      Until recently their was no other way to run terminal apps or real networked apps on pc level hardware. I think a huge server is out of the question in most stores so SCO was the pefect solution until Linux and WindowsNT server arrived. Since most applications are no longer maintained these customers still use Openserver instead of a win32 or Linux alternative. However this is changing as businesses upgrade but many can not afford to lose their data if a new program can not read it so they keep SCO.

      Small Bussiness and government agencies also use it since alot of mainframe client/terminal apps were only written for SCO or other forms of Unix until IBM released Rally( 8 years ago) which enabled Windows users to switch. Many refuse to upgrade since what they have still works. I know SCO states that bank branches also use SCO Openserver to run ancient applications and because a huge server for each branch was unpratical until recently when pc level servers could perform as well as Sun's or AS/400's. This again is SCO's core market which Linux totally ate up.

      The only market left is running ancient apps which are slowly being upgraded. If SCO does a boo long enough they can make money by suing instead of improving Openserver and keep customers like McDonalds from leaving their proprietary platform.

    38. Re:Does anyone out there still use SCO Unix? by Felinoid · · Score: 1

      Last time I talked to someone about SCO was a Unix admin who was angry at whom ever signed the contract for the system install.
      The company that sold them the system got to keep root access for themselfs and charged to make changes to the system config.

      --
      I don't actually exist.
    39. Re:Does anyone out there still use SCO Unix? by basingwerk · · Score: 1

      I think that XENIX is used in the Radarsat ground system. It is either used by the real-time Spacecraft Operations Consoles or by the Spacecraft Database (telemetry data) systems, most likely the former. The SOCS couldn't last more than a day or two between crashes, and the Spacecraft Database throughput was maxed out from the first pass, so whichever it was, it didn't work too good. There were also lots of compatibility issues related to NFS and Oracle. It took some horrible workarounds to get the data flow to work.

      --
      I stole this .sig
    40. Re:Does anyone out there still use SCO Unix? by kix_me · · Score: 1

      I am getting ready to blow off M$ and Linux on my systems and putting in SCO. I think they are the way to go..! They have the brightest future of any OS. (sarcasm much?)

  3. Bad idea by Anonymous Coward · · Score: 0, Informative

    McBride will learn to his chagrin that you don't fuck with the Yakuza!

  4. What is a "Central Module"? by Dr.+Smeegee · · Score: 5, Insightful

    "I saw what appeared to be a word-for-word copy of about every third line of code in the central module of the Linux kernel," said Enderle of Giga Information Group, who viewed the alleged code violations two weeks ago. "The lines of code contained typos, misspellings and even copyright disclaimers. It appeared to constitute a violation of the license."

    Where can I get me one of these central modules?
    1. Re:What is a "Central Module"? by Khakionion · · Score: 0
      "The lines of code contained typos, misspellings and even copyright disclaimers. It appeared to constitute a violation of the license."
      Hmm...sounds like a lose-lose situation...To prove that your code isn't licensed legally, you have to fess up to your inability to code/spell worth a darn. *sigh*
      --
      OMG! Wau!
    2. Re:What is a "Central Module"? by Anonymous Coward · · Score: 5, Insightful

      Every third line of code?

      Every third line of code???

      So, we're to believe that a lazy programmer, rather than go to the trouble of writing the whole thing himself, designed and wrote 2/3ds of it and went to the trouble of inserting stolen code in the gaps? With enough precision to get a working kernel?

      Wait... is every third line a }?

    3. Re:What is a "Central Module"? by Greyfox · · Score: 1

      In the BSD code base.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    4. Re:What is a "Central Module"? by Anonymous Coward · · Score: 0

      At a guess, I'd say it's the component that fails on a web server when someone posts a SCO-related link on Slashdot.

      At least that's the techno version. The organic one is something I'd prefer not to discuss in an open forum even as a coward... (cough)

    5. Re:What is a "Central Module"? by spacefrog · · Score: 2, Funny

      Why do you think they call it a monolithic kernel?

      Sorry, couldn't resist. I'll go back to my corner now.

    6. Re:What is a "Central Module"? by 91degrees · · Score: 1

      Wait... is every third line a }?

      Yes, except they spelt it wrong.

    7. Re:What is a "Central Module"? by .com+b4+.storm · · Score: 2, Funny

      $ modprobe central

      There ya go :)

      --
      "Wow, you're like some kind of superhero able to ward off happiness and success at every turn."
      -- Ryan Stiles
    8. Re:What is a "Central Module"? by eric76 · · Score: 1

      Maybe SCO lifted the code from Linux but figured that using all of it was suspicious.

      So one upper level manager who didn't know anything about code might have told a mid level manager to remove 2 of every 3 lines of code in what they were copying.

      Of course, it wouldn't have worked so they would have had to go back and write their own version of the code they removed. (Maybe they forgot to make a copy of it before removing the code.)

      As for Central Module, that sounds like something they might have seen in the movie Tron.

    9. Re:What is a "Central Module"? by geekee · · Score: 1

      Or maybe he only obfuscated 2/3s of the code.

      --
      Vote for Pedro
    10. Re:What is a "Central Module"? by ChangeOnInstall · · Score: 3, Funny

      said Enderle of Giga Information Group..."The lines of code contained typos, misspellings..."

      You sure? It compiles fine for me.

      --
      What has *science* done?!? -- Dr. Weird (ATHF)
    11. Re:What is a "Central Module"? by Fly · · Score: 5, Funny

      I think he meant "typos" like src, dest, byte, sprinf, and char. I mean, some of those aren't even words, dude.

      --
      end of line
    12. Re:What is a "Central Module"? by agrippa_cash · · Score: 1

      Finding one can be tough, but once found you can reroute the shields though it into an inverted taycheon pulse and solve every conceivable problem.

    13. Re:What is a "Central Module"? by Fly · · Score: 4, Funny

      sprintf even, sorry for the typo

      --
      end of line
    14. Re:What is a "Central Module"? by fredrik70 · · Score: 1

      Ah, if it contained copyright disclaimers I really wonder *which* copyright disclaimers. If they're Linux or *BSD ones we're save but if they're SCO's ones I assume thing would look a bit tough. But I cannot believe anyone haven't already scanned the kernel source for any SCO copyrights? And why on earth would anyone leave the copyright disclaimer of the source if they are stealing from someones codebase? Just seems to be so dumb I cannot believe a kernel hacker would do that, even if the was stupid enough to steal code (doubt that happened though)

      --
      if (!signature) { throw std::runtime_error("No sig!"); }
    15. Re:What is a "Central Module"? by dacarr · · Score: 1

      I see no central module here. =^^=

      --
      This sig no verb.
    16. Re:What is a "Central Module"? by spiritraveller · · Score: 1

      If the code does come from a common original source (either SCO, Linux or one of the BSDs), then over years of modifying it, only every third line of code (on average) might remain the same. And the comments would be the most likely part to stay unmodified.

    17. Re:What is a "Central Module"? by foonf · · Score: 1
      I just ran grep -ri " sco " on the kernel source tree (well, 2.4 anyway). There are no SCO copyright notices. All the references are either third-party drivers ported from SCO versions, the SCO binary compatibility support (which no one has implied contains any copied code), and some references to something called "SCO" in the bluetooth driver which seems to be totally unrelated to our friends from Utah. I did the same thing with AT&T and also found nothing.

      If what SCO has been saying is true (granted, they have been changing their story so much you can't really believe anything they say), the copyrights are probably from IBM or Sequent, or possibly SGI, and they copied the code straight across because they thought they owned it. Hopefully a sane judge will not disagree with that.

      As for BSD, yeah, there is a lot of stuff like this:
      ./include/linux/if.h: * Authors: Original taken from Berkeley UNIX 4.3, (
      c) UCB 1982-1988
      If thats it, they are on even shakier ground.
      --

      "(Man) tries to live his own life as if he were telling a story. But you have to choose: live or tell." --Sartre
    18. Re:What is a "Central Module"? by Anonymous Coward · · Score: 0

      No, we're to believe some monkey from Giga Information Group ("what do you want us to say?") knows what he's talking about.

    19. Re:What is a "Central Module"? by Anonymous Coward · · Score: 0

      I ignore AC's. Use your real name.

      Okay dacarr, if that is your real name...

    20. Re:What is a "Central Module"? by fireman+sam · · Score: 1

      I'd watch out if I were you, sprinf is a macro that is defined in SCO.h. I have managed to see the code that SCO has been showing people and this appears in one portion: /* sprinf
      * (c) 1989 SCO
      * The purpose of this macro is to prevent brain
      * dead compilers from barfing when they cannot
      * handle code from even more brain dead programmers
      */

      #define sprinf sprintf

      --
      it is only after a long journey that you know the strength of the horse.
    21. Re:What is a "Central Module"? by shadowbearer · · Score: 1

      Watch your case. "SCO" != "sco"

      grep -r " SCO " *

      (make sure to include the spaces ahead of and behind "SCO"

      There's actually quite a few matches, but none of them look relevant to what SCO is claiming.

      The only thing in that output that is even close is

      'Documentation/sound/README.OSS:The Santa Cruz Operation, Inc. A SCO OpenServer + SDK'

      (this is for the 2.4.20 kernel)

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
    22. Re:What is a "Central Module"? by foonf · · Score: 1

      Watch your case. "SCO" != "sco"

      From the grep manpage:

      -i, --ignore-case
      Ignore case distinctions in both the PATTERN and
      the input files.

      --

      "(Man) tries to live his own life as if he were telling a story. But you have to choose: live or tell." --Sartre
    23. Re:What is a "Central Module"? by fanatic · · Score: 1
      The quotes in the parent and grandparent are from Rob Enderle, who said of himself in this article at http://www.internetwk.com/breakingNews/showArticle .jhtml?articleID=10700411 (which also bashed Linux and it's supporters):
      "As an analyst I have to be able to argue both sides of a position because often we are asked to step in and help justify decisions that have already been made"
      The quotes you've given show how stupid he is, unless you assumes he's dishonest, instead, as this quote does.
      --
      "that's not encryption - it's a new perl script that I'm working on..." - from some Matrix parody
    24. Re:What is a "Central Module"? by fanatic · · Score: 1

      Oops, here's the correct link . Be sure to view it with images disabled so that the site doesn't benefit from this moron's ravings.

      Oh, your browser won't let you disable images? Try Mozilla

      --
      "that's not encryption - it's a new perl script that I'm working on..." - from some Matrix parody
    25. Re:What is a "Central Module"? by stor · · Score: 1

      Emphasis mine:

      "I saw what appeared to be a word-for-word copy of about every third line of code in the central module of the Linux kernel,"

      What this analyst is suggesting is that the code was originally taken wholesale, then obfuscated (poorly) to hide the origins. It's not "writing 2/3rds of it themselves and inserting SCO code in the gaps".

      I find it difficult to believe either way but the scenario above is more plausible from a programming POV.

      Cheers
      Stor

      --
      "Yeah well there's a lot of stuff that should be, but isn't"
    26. Re:What is a "Central Module"? by shadowbearer · · Score: 1

      grep -r " SCO " *

      Since the lameness filter won't allow the post...

      (See it here)

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
    27. Re:What is a "Central Module"? by shadowbearer · · Score: 1

      But yeah, you're right.

      SB
      *sheepish*

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
    28. Re:What is a "Central Module"? by einhverfr · · Score: 1

      # cd /usr/src/linux
      # grep -rl SCO * | wc -l
      585

      Maybe this is how their lawyers did it? 585 references to SCO?

      So I did:
      # grep -r SCO * | less
      #ifndef CONFIG_DISCONTIGMEM kept showing up....
      hehehe braindead lawyers ;)

      Of course, I guess SCO also owns the right to CONFIG_CROSSCOMPILE because their name appears in the middle of it?

      sprinf appears in 2 files and is an obvious typo in comments.

      --

      LedgerSMB: Open source Accounting/ERP
  5. More icing on the Cake... by jdh-22 · · Score: 5, Insightful

    Why do we keep posting articles that we know are only to impose FUD on the Linux/Open source community?

    --
    Every Super Villan uses Linux.
    1. Re:More icing on the Cake... by Anonymous Coward · · Score: 0
      Excellent question. Between the utter lack of value in the event itself, plus the inflamatory way it was reported, it's hard to see how this is doing anyone any good.

      (And yes, /. editors, I know you're only quoting what someone else sent you for a story. But you are allowed to paraphrase things and put them in a more appropriate form. It's what editors do. Really. I'll wait while you go look it up...)

    2. Re:More icing on the Cake... by Anonymous Coward · · Score: 0

      Okay, I can't take it anymore.

      Please define FUD for me.

    3. Re:More icing on the Cake... by missing000 · · Score: 5, Insightful

      Why do we keep posting articles that we know are only to impose FUD on the Linux/Open source community?

      Because it is very useful to have an informed community for the media to talk to.

      You have to remember that the SCO fight is not only in court, but also largly in the court of public opinion.

      If a user is contacted by the press, it is incredibly advantageous for them to be well informed of the allegations as well as the actions of the parties making them.

      Even if we win in court, which I for one assume we will, the damage to linux adoption could be enormous if we come off as unknowledgeable and ill-prepared.

      If, on the other hand, linux users are seen as well prepared and educated, we could even stand to make gains in the business community.

      This SCO stuff is anything but trivial.

    4. Re:More icing on the Cake... by Gaetano · · Score: 3, Insightful

      I think its important to be well informed about these things so that we can fight it. Most slashdoters know the score but people reading the articles that slashdot links to, such as this one, may not know the score. Those people may be managers and have questions so perhaps they come to their sysadmin, a slashdoter, and since he is well informed he can fight the FUD.

      Otherwise there is a vaccume created by the FUD and we don't want it to be filled with yet more FUD, so we have to fill it with the trueth.

    5. Re:More icing on the Cake... by jldrew · · Score: 1

      FUD = fear, uncertainty, and doubt

    6. Re:More icing on the Cake... by Delirium+Tremens · · Score: 3, Funny

      FUD means "search the FUcking web, Dude".
      Oh wait, wrong one.

    7. Re:More icing on the Cake... by Cally · · Score: 1

      I must say, personally, I rather regret the paucity of recent SCO stories; I was enjoying a pleasurable frisson every time I checked Slashdot, wondering what the next hilarious turn in the story would be.

      Anyone know when something will actually happen, as opposed to someone giving an interview?

      --
      "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
    8. Re:More icing on the Cake... by GoofyBoy · · Score: 4, Insightful

      >If, on the other hand, linux users are seen as well prepared and educated, we could even stand to make gains in the business community.

      Actually, thats what Programming/OS/CPU wars start. One group thinks they know more/their facts are "more" right.

      To an outsider, you risk the chance to look like a shallow individual who seems to take delight in arguing petty details.

      Just wait until the facts of SCO case are fully public.

      Note:this is an article about a trip the CEO made to Japan. Is there really anything new here?

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    9. Re:More icing on the Cake... by Gads · · Score: 1

      I would like to know who was the audience, and if they lisen to him ?! Any info about it ?

    10. Re:More icing on the Cake... by Smartcowboy · · Score: 1
      Because any FUD is a threat and Linux advocate must be aware of FUD to be able to dismiss it.

      SCO is not the only one spreading FUD against the legality of the linux source code. Richard Stallman (the man behind GNU) did that, too, last year. He said:

      The Linux sources themselves have an even more serious problem with non-free software: they actually contain some. Quite a few device drivers contain series of numbers that represent firmware programs to be installed in the device. These programs are not free software. A few numbers to be deposited into device registers are one thing; a substantial program in binary is another.

      The presence of these binary-only programs in "source" files of Linux creates a secondary problem: it calls into question whether Linux binaries can legally be redistributed at all. The GPL requires "complete corresponding source code," and a sequence of integers is not the source code. By the same token, adding such a binary to the Linux sources violates the GPL.

      I don't know if this make sense. Probably not. I feel like both the one-year-old article I quoted and the sco case are all crap. *BSD has a hard time proving it can be legally distributed under its license. Now it's Linux' turn. In the *BSD case, open source won. Let's hope this is the begginning of a trend.

    11. Re:More icing on the Cake... by smokestacklightning · · Score: 1

      I remember getting a distinct feeling of schadenfreude (Germans have a word for everything) when SCO(Caldera) purchased DrDos from Novell in 1996 only so they could revive an old patent dispute with Microsoft and sue for $$$. In reality, this is just latest atrocity perpetrated by these jack@sses on the community at large.

      Personally, I would rather get robbed at gunpoint, then fork over any of my companies' hard-earned cash for these trumped up infringments. If folks start getting complacent as SCO pulls this crap, they will profit, others will follow their example. It almost pisses me off as much as the patent lottery that is currently going on.

    12. Re:More icing on the Cake... by stephenry · · Score: 2, Insightful

      Eventually this mess will come to pass. Two things are certain: Linux cannot be disinvented, it exists -today- as a viable alternative for everything from embedded systems to mainframes; secondly, no one can claim ownership over it. What this means is that even though, in the worst case, the SCO suit may be successful in FUDing Linux in the short term, once this is discredited, Linux will still exist. Not only that, but it is improving exponentially. Whether companies switch to it, over their current proprietry OS, today or tomorrow, it will happen; and their is nothing SCO, or anyone else for that matter can do about it.

    13. Re:More icing on the Cake... by Stephen+Samuel · · Score: 1

      I was thinking "Fscking Unsubstantiated Diatribe'

      --
      Free Software: Like love, it grows best when given away.
    14. Re:More icing on the Cake... by Sanction · · Score: 1

      Or, in the context of a smartass like yourself, maybe "Fucking Useless Dickhead"

      --
      Well I'm the doctor and I say you're dead, so shut up and take it like a man!
    15. Re:More icing on the Cake... by missing000 · · Score: 2, Insightful

      >If, on the other hand, linux users are seen as well prepared and educated, we could even stand to make gains in the business community.

      Actually, thats what Programming/OS/CPU wars start. One group thinks they know more/their facts are "more" right.

      How's that again? I don't think a positive public image has ever been started by a Programming/OS/CPU war. Becoming a good advocate for your cause can hardly be a bad thing.

      To an outsider, you risk the chance to look like a shallow individual who seems to take delight in arguing petty details.

      Nope. All I was saying is you need to know what to say if you become involved. That's all. I hear uninformed people give opinions on things they know nothing about all the time. All I'm advocating here is a little better signal to noise ratio.

      Note:this is an article about a trip the CEO made to Japan. Is there really anything new here?

      Well, if you had read the article, you would know it has little to do with a trip to Japan, and a lot to do with scare tactics to try and dissuade electronics manufacturers from using linux.
      In my book, that that type of behavior is occurring is something valuable to know.

    16. Re:More icing on the Cake... by geekee · · Score: 1

      ""The 1,500 companies who received letters from SCO [about potential infringements] should be worried, big time," said Rob Enderle, a research fellow for the Giga Information Group (Santa Clara, Calif.). Based on what he saw, Enderle said, "The evidence appears to be very compelling." "

      Hmmm, most people who see the code say SCO's claims aren't FUD. Keep believing what you want, however, like everyone else on slashdot. Don't let facts, or lack of facts, get in the way.

      --
      Vote for Pedro
    17. Re:More icing on the Cake... by Anonymous Coward · · Score: 0

      What Stallman said was correct. Legally, the owners of the copyright of a GPL work can distribute it with whatever statically linked/included binaries they want. They do not have to follow the GPL with respect to code for which they own the copyright.

      Anyone beyond the original owners, however (such as download mirrors), have no legal basis upon which to redistribute, as redistribution with the included binaries is a violation of the GPL. They obviously won't be sued by the Linux developers, but it is still technically illegal.

      As for the BSD vs. AT&T case, BSD only won not because what they did was considered legal (though it very well may have been.. we'll never know), but because AT&T realized that what they did was an order of magnitude worse, causing them to settle out of court under confidential terms.

    18. Re:More icing on the Cake... by Tony-A · · Score: 1

      To an outsider, you risk the chance to look like a shallow individual who seems to take delight in arguing petty details.

      Just don't take it all too seriously.
      Army/Navy football games.
      Cowboys/Redskins.
      Ford/Chevy/Chrysler.
      L inux/BSD rivalry.
      Vi/Emacs.
      Gnome/KDE.

      There's a lot of things that shouldn't be staid and respectable.

    19. Re:More icing on the Cake... by Tony-A · · Score: 2, Insightful

      It's also important to be able to aim someone at Slashdot so they can pick up on what is current without having to search the archives.
      Old story rolls off the front page.
      New story rolls onto the front page.
      While there's a storm in progress the storm tracking stays up. If there's nothing new to be said, then simply reiterate the old.

    20. Re:More icing on the Cake... by michael_cain · · Score: 1
      Hmmm, most people who see the code say SCO's claims aren't FUD. Keep believing what you want, however, like everyone else on slashdot. Don't let facts, or lack of facts, get in the way.
      Most of the people who see the code say there are anything from similarities to identical code (I find the fact that they don't all say there are identical blocks of code to be suspicious). TTBOMK, none of them say that SCO has shown any information about the history of said code, that is, evidence that would establish that the code was indeed SCO's and not lifted from some other source, and that the Linux code got there via IBM (the only company they're actually suing thus far). I expect proving the pedigree part will be difficult.
    21. Re:More icing on the Cake... by shadowbearer · · Score: 2, Interesting

      Mod parent+ up.

      It's very important that Slashdot stays on top of this, so that people in the IT world who *are* following it know that we are very, very seriously concerned about what is going on (and seriously pissed off).

      This cannot be a fly by night sort of thing. It has to be, and will be, fought to the death. SCO's death. Hopefully any other companies out there who consider these sort of public FUD tactics will have second thoughts after this is all over. (I'm NOT mentioning any names, they know who they are)

      The power of the linux community is not in it's lawyer division, nor even in it's programming expertise; it's in the huge number of users who believe that Open Source Software can and does work. If that sounds religious, so be it (and you can kiss my shiny metal ass, Enderle)

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
    22. Re:More icing on the Cake... by MidnightBrewer · · Score: 1

      Because mocking SCO is fun?

      --
      "Give a man fire, and he'll be warm for a day; set a man on fire, and he'll be warm for the rest of his life
    23. Re:More icing on the Cake... by Bored+Huge+Krill · · Score: 2, Interesting
      when you say most people who see the code, to whom are you referring? Maybe I missed it, but as I recall only two people have seen the code, namely Laura Didio and Rob Enderle (apologies if I got the spellings wrong). Those two get quoted over and over again, to give the apparent impression that lots of people are examining the code. They aren't. There's only the two people.

      More to the point, the comparison in question raises some genuine concerns, and looks very much like showmanship rather than a balanced analysis. Like:

      1. Neither of the two analysts are experts in the field.

      2. The two analysts were shown limited and carefully chosen code segments, selected by SCO - see also #1. It isn't difficult to present a compelling case to a non-expert based on selections of a few hundred lines of code from a code base of that size.

      3. SCO hasn't demonstrated the provenance of the code in question. Merely showing similarity doesn't help.

      4. The accounts of the analysts themselves raise questions. All of the "lines of code" referred to with similarities such as "copyright messages", "typos" and "misspellings" doesn't sound like lines of code, rather comments. Something kind of funny here. Not to mention, and this is very important, whose copyright message? If there is a matching copyright message in the SCO code base and the Linux kernel, and the code is proprietary, it seems inconceivable that it would have been checked into the kernel tree without anybody noticing.

      5. Oh, yes. Which kernel tree is this supposed to be in?

      6. Why hasn't SCO told us answers to any of these already? #5 is a particularly important one, btw

      I could go on. There's many more questions here. The point being, repeated quotes from two analysts under the circumstances is hardly conclusive. I guess we'll all find out eventually.

    24. Re:More icing on the Cake... by GoofyBoy · · Score: 1

      >All I was saying is you need to know what to say if you become involved. That's all.

      How does this article help you to know _what_ to say?

      Did it really reveal anything new that you could use to convince people that SCO issue isn't really that big? Or is it just more tiny, petty details which will make people walk away slowly.

      >that type of behavior is occurring is something valuable to know.

      What I am saying is this article adds nothing to the subject. The CEO scared some electrionic manufacturers. How is this important? Again, how would you use this to convince someone that Linux is good without sounding like some tin-foiled hat fanatic?

      <hushed tone>
      He's scaring them.
      </hushed tone>
      <nods knowingly>

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    25. Re:More icing on the Cake... by Ian+Lance+Taylor · · Score: 1

      It's true that there is little new in the article. However, each time such an article appears, it's a small win for SCO. If such an article appears with no response from the free software community, it's a bigger win for SCO.

      Just wait until the facts of SCO case are fully public.

      Since it is likely that the facts are not on SCO's side, it is likely that SCO will delay that time as long as they can--and that's a long time. The more nervous people are about the court case, the more delay plays into SCO's hands. For every article which makes people more nervous, we should provide information which makes them less nervous. Letting articles pass with no response is a bad idea.

      On the other hand, obviously, chatting on Slashdot doesn't help very much. But writing a letter to the editor of EETimes--that might be a good idea.

    26. Re:More icing on the Cake... by Ian+Lance+Taylor · · Score: 2, Informative

      I saw the code, and I didn't say that their claims aren't FUD. I said it wasn't clear, and that the one piece of allegedly copied code they showed me proved little. See my writeup at the Linux Journal or on my own server.

    27. Re:More icing on the Cake... by DSP_Geek · · Score: 1

      SCO hasn't told anyone where they got the alleged infringing Linux code, or exactly which modules contain the alleged copyright violations. A suspicious person might even wonder whether SCO grabbed Linux source off a distro and placed their own copyright notices in the source ex post facto before showing it to easily influenced pseudo-researchers from Giga. Of course Darl McBride, being of the highest integrity and not at all prone to barratry, would never dream of doing such a thing. Honest.

    28. Re:More icing on the Cake... by fireman+sam · · Score: 2, Funny

      >(I'm NOT mentioning any names, they know who they are)

      Why not, don't you know tip 3 of the karma whoring for dummies:

      3. if you mention Microsoft if a post you automagically get a +2.

      If you write it with a $. ie Micro$oft you can even get more.

      Micro$oft can also be written simply as M$.

      --
      it is only after a long journey that you know the strength of the horse.
    29. Re:More icing on the Cake... by shadowbearer · · Score: 1

      and if you make a subtle mention it's modded to 5 :-)

      Not that I care that much about karma, anyway.

      *right* :-)

      Heh. Parent deserves at least a few funny points. It's too true.

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
    30. Re:More icing on the Cake... by hunterskye · · Score: 1

      "Since it is likely that the facts are not on SCO's side, it is likely that SCO will delay that time as long as they can--and that's a long time. The more nervous people are about the court case, the more delay plays into SCO's hands. " Unless Microsoft and maybe Sun help with SCO's bankroll, a long delay will bankrupt them. The discovery process also could be a can of worms for SCO as they may have to bare their own code to IBM people and the will be able to check for copyright infringement by SCO.

    31. Re:More icing on the Cake... by Lord_Dweomer · · Score: 1
      " I think its important to be well informed about these things so that we can fight it. Most slashdoters know the score but people reading the articles that slashdot links to, such as this one, may not know the score."

      Heh, heh, hehehehe, hehehe, heh.

      --
      Buy Steampunk Clothing Online!
    32. Re:More icing on the Cake... by Mostly+a+lurker · · Score: 1
      Why do we keep posting articles that we know are only to impose FUD on the Linux/Open source community?

      Because the potential impact of this FUD is genuinely scary. Sure, you and I know that this stuff is without foundation. It looks different to corporate lawyers and CEOs who lack the technical background to judge the accuracy of the claims. To be honest, I am even slightly apprehensive of what might eventually happen in court. I could well imagine a jury unable to appreciate the utter worthlessness of SCO's case.

    33. Re:More icing on the Cake... by sulli · · Score: 1

      More pageviews for slashdot?

      --

      sulli
      RTFJ.
  6. where next after Japan by Tumbleweed · · Score: 2, Funny

    I think he should take his show on over to Iraq - you don't wanna let them violators get a foodhold there!

    1. Re:where next after Japan by Chundra · · Score: 1

      foodhold == oil_for_food_program

    2. Re:where next after Japan by 1010011010 · · Score: 1

      He can join Hilary Rosen! See my previous comment on the subject of U.S. "I.P." people in Iraq for one desirable outcome...

      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
  7. Just a general question by LordOfYourPants · · Score: 0, Insightful

    Why is it that articles that mention SCO vs Linux always call Linux" "Linux," but the articles that don't seem to remember to call Linux "GNU/Linux?"

    Is this a coincidence? It's been done what seems like 30 times in the last couple months.

    1. Re:Just a general question by jointm1k · · Score: 1, Redundant

      They are referring to the Linux kernel, not the GNU/Linux kernel.

      --
      You know it makes sense, a little reminder from jointm1k.
    2. Re:Just a general question by quantaman · · Score: 2, Informative

      Why is it that articles that mention SCO vs Linux always call Linux" "Linux," but the articles that don't seem to remember to call Linux "GNU/Linux?"

      Is this a coincidence? It's been done what seems like 30 times in the last couple months.

      Linux is just the kernal, GNU/Linux is the entire OS which includes both the kernal and all the GNU tools and stuff. SCO is only talking about the kernal so in that case they are right in just saying Linux.

      --
      I stole this Sig
    3. Re:Just a general question by Anonymous Coward · · Score: 0
      GNU/Linux is the entire OS which includes both the kernal and all the GNU tools and stuff.

      Actually GNU/Linux is made by Debian. It's Debian GNU/Linux. Red Hat's distribution is Red Hat Linux, not Red Hat GNU/Linux. The only people that call it GNU/Linux are people who would love to be raped by RMS.

    4. Re:Just a general question by ebbomega · · Score: 1

      Well, Red Hat has GCC, Red Hat has GLibC, Red Hat has seemingly all the other GNU tools... so, uh... yeah... Red Hat is Red Hat GNU/Linux. Regardless as to whether or not they oft refer to it as Linux... it is put together using the GNU tools.

      --
      Karma: Non-Heinous
    5. Re:Just a general question by Anonymous Coward · · Score: 0
      And the only thing I have installed with windows are Sierra games...oh shit, I have a Sierra/Microsoft Windows OS.

      Frigging GNU tools are not part of the OS.

    6. Re:Just a general question by Anonymous Coward · · Score: 0

      The point is that he's doing this in response to the CE Linux Forum (CELF) initiative, which is a big clue to anyone that they oppose GNU/Linux... Not just IBM.

      If they win against IBM, they'll likely pull an RIAA and ask for an injunction to prevent the distribution of Linux in any of it's many flavors if the group responsible for the distribution doesn't have a contract or licensing agreement with SCO.

      They'll likely also make blanket statements that anyone running Linux must destroy all copies of the OS, remove it from their machines, and discontinue using it as they have with IBM in regards to AIX, and IBM's AIX customers.

      This will likely scare alot more companies from doing commercial software development for Linux, providing drivers or support for Linux, adopting Linux, etc...

      The fact that SCO has ties to Microsoft which are being pointed out, and that Microsoft considers Linux and in turn Open Source to be the biggest competitive threat (how do you compete with free, decentralized software development?).

    7. Re:Just a general question by RatBastard · · Score: 1

      Not to be overly rude, but most people don't care. We call it "Linux" and get on with our lives. Other than RMS, who has a personal stake in the matter, the only people I know (personally or otherwise) who insist on "GNU/Linux" are either newbies or uber-nerds.

      --
      Boobies never hurt anyone. - Sherry Glaser.
    8. Re:Just a general question by Anonymous Coward · · Score: 0

      Other than RMS, who has a personal stake in the matter, the only people I know (personally or otherwise) who insist on "GNU/Linux" are either newbies or uber-nerds.

      What do you mean "other than RMS?" Are you disputing RMS's uber-nerd credentials? If so then who the hell are you?

    9. Re:Just a general question by nathanh · · Score: 1
      And the only thing I have installed with windows are Sierra games...oh shit, I have a Sierra/Microsoft Windows OS.

      You must be pretty retarded if you think a game is part of the OS.

      Frigging GNU tools are not part of the OS.

      GNU libc is.

    10. Re:Just a general question by RevSmiley · · Score: 1

      Or irritating asshats

      --
      As you can see I don't care about my karma.
  8. FlyingButtMonkeys! by Anonymous Coward · · Score: 0
    I miss ::Cue::Cat stories!

    (Ok, actually, I just like saying "FlyingButtMonkeys"!)

  9. sco by Anonymous Coward · · Score: 0

    here a sco, there a sco, every where a sco, sco

    and for my next performance... see the scheduled /.sco article

  10. The Headline Makes it seem like..... by Dr+Reducto · · Score: 3, Insightful

    The headline makes it seem like they are trying to get as many countries to discredit SCO's claims, before they get there.

  11. Here... sign this. by tbase · · Score: 4, Interesting

    "McBride, who is fluent in Japanese, will visit with several founding members to show them code samples in which the Linux open-source operating system allegedly violates SCO's Unix patents, said an SCO spokesman."

    I wonder if he's dumb enough to think they'll sign a non-disclosure?

    --

    666-607: 6th floor apartment of the beast
    1. Re:Here... sign this. by pmz · · Score: 1

      I wonder if he's dumb enough to think they'll sign a non-disclosure?

      Given that he learned Japanese from Krusty the Klown ("Me so sowry!"), he will be thrown out of Japan and barred by the Japanese government from ever returning. I don't think we need to bother with speculation about NDAs.

    2. Re:Here... sign this. by f0rt0r · · Score: 1

      He'll probably find himself on the wrong side of a katana is he tries that.

      --
      I can't afford a sig!
    3. Re:Here... sign this. by Anonymous Coward · · Score: 0

      Even if they sign a NDA, will they care and abide by it?

  12. Explanation by JoeLinux · · Score: 2, Informative

    It's a term borrowed from fark.com meaning someone who is acting stupid/idiotic/moronic/ass-holish.

    1. Re:Explanation by deathcow · · Score: 1

      Sorry - The word "asshat" can be found in Google groups archives predating the 1999 birth of fark.com.

    2. Re:Explanation by Trusted+Content · · Score: 0

      Nothing ever originates at fark. :GB2FARK: :GB2FARK:

      K THX

      --
      OMG OMG LUNIX OMG
  13. We are done with SCO. by bazik · · Score: 5, Funny

    We had two Compaq Proliant servers at work, running SCO Unix. We reinstalled them with Linux three weeks ago and sent back all SCO CD's, handbooks etc. to SCO with a little note that we dont want to use Software from a Company which can't write good code and sues those who can.

    Curious why we didn't receive a response yet ;)

    --


    --
    One by one the penguins steal my sanity...
    1. Re:We are done with SCO. by Anonymous Coward · · Score: 1, Funny

      Bash SCO, but backhandedly try and promote windows? Not on my site, sonny!

      'Troll' mod for you!

  14. Watch it, sunshine! by Anonymous Coward · · Score: 0

    The last guy to talk shit like that got an all-expense paid stay at club fed and that was before the Bushinazis staged their coup!

    1. Re:Watch it, sunshine! by Anonymous Coward · · Score: 0

      See Reply to the first kneejerk rabid neocon to take the bait. Goddamned you people are thinskinned, must be defensive about something.

  15. Remind you of Rambus and DDR fiasco ???????? by zymano · · Score: 0

    This guy looks at Rambus as his model. Wont work dude. Your going down.

  16. NDA? by OECD · · Score: 1, Redundant

    From the article: McBride, who is fluent in Japanese, will visit with several founding members to show them code samples in which the Linux open-source operating system allegedly violates SCO's Unix patents, said an SCO spokesman.

    I wonder if they're going to have to sign the NDA? And is McBride going to charge them?

    --
    One man's -1 Flamebait is another man's +5 Funny.
  17. Farmer McBride by GillBates0 · · Score: 0, Offtopic
    He's putting his famous tainted code dog-and-pony show on parade.
    SCO's chief taking Linux beef to Japan

    Dogs, ponies, cows. Way to go Darl. Methinks Darl will turn to farming after SCO shuts down.

    --
    An Indian-American Hindu committed to non-violent thought/speech/action alarmed by the global explosion of radical Islam
  18. Jesus H. Crust. by grub · · Score: 0, Redundant


    Come on, McBride, shit or get off the pot. Put your smoking gun on display for the world to see. You're embarrasing yourself and SCO.

    --
    Trolling is a art,
    1. Re:Jesus H. Crust. by frodo+from+middle+ea · · Score: 1

      Jesus H. Crust. Similar to homer, Jesus' middle name is a mistry.
      Well homer found his out eventually

      --
      for the last time people, I am "frodo from middle eaRTH", not "middle eaST".
    2. Re:Jesus H. Crust. by prgrmr · · Score: 1

      Jesus H. Crust. Similar to homer, Jesus' middle name is a mistry.

      Or perhaps a mystery even?

      Look here

    3. Re:Jesus H. Crust. by Cpt_Kirks · · Score: 1

      Doesn't the "H" stand for HOMER?

    4. Re:Jesus H. Crust. by qwertyatwork · · Score: 0

      Homers middle name is Jay. Homer Jay Simpson.

    5. Re:Jesus H. Crust. by Anonymous Coward · · Score: 0

      > Doesn't the "H" stand for HOMER?

      Homer's middle initial is "J", but he never knew what it was short for since his mother abandoned him and Abe when he was an infant and Abe was too self absorbed/stupid to remember. It's short for "Jay".

  19. This leaves one big question... by Krapangor · · Score: 5, Insightful
    ...why does nobody stop these ridiculus claims of SCO ?
    It can be done as it has been already proven in Germany.
    Nobody can make false accusations without giving proof. Any Linux distributer or the EFF or other interest groups can sue them. And if one does this SCO would to have to show the code or STFU.
    It also raises the question why IBM doesn't do this.

    The only sensible explanation for this strange behavior seems to me that SCO has some (perhaps weak) point and such a countersuit would fail. It seems to me that some of the players in this game have much more knowledge then they admit openly.

    --
    Owner of a Mensa membership card.
    1. Re:This leaves one big question... by Anonymous Coward · · Score: 3, Insightful

      IBM wants a court decision saying that Linux is untainted by SCO or AT&T code, so they don't want to do anything that will cause SCO to collapse like a house of cards *before* they get that judgement. Afterwards....

    2. Re:This leaves one big question... by lakmiseiru · · Score: 2, Insightful
      My best guess, aside from your explanation, is that letting SCO dig themselves deeper is satisfying for a few reasons:

      • Emotionally satisfying
      • Source of amusement for *nix community
      • When/if something happens to "stop these ridiculous claims of SCO," the more evidence against them and the more anti-SCO feeling present, the more likely action will be taken
      In short, by waiting we allow SCO to alienate more groups and increase the chances of a decisive victory, legal or otherwise. If various groups were to force SCO's hand now, the actions taken might not have such a lasting impact, and (even more troublesome) might be viewed with doubt by the rest of the world. Waiting for more evidence (as you said) or a decreased public opinion serve the same purpose: waiting to act helps us, not them. Of course, if (don't take this wrong, now, it's an "if") the case has a few holes, waiting could help them... but somehow I doubt it. The evidence seems to be too strong.
      --

      Access denied: Not enough clue for requested operation.
    3. Re:This leaves one big question... by Anonymous Coward · · Score: 0

      > ...why does nobody stop these ridiculus claims of SCO ?
      It can be done as it has been already proven in Germany.

      Different countries == different laws.

    4. Re:This leaves one big question... by Anonymous Coward · · Score: 0

      What are you talking about? Surely everyone follows the rules of the United States of Earth.

    5. Re:This leaves one big question... by ajs · · Score: 2, Interesting

      The courts will do that in the US. As soon as this hits a court-room there are one of two outcomes I expect: 1) it gets thrown out on the basis that SCO has spent so much time trying this case in the court of public opinion that a court decision would be a meaningless adjunct to SCO PR 2) SCO is made to shut up for the duration of the case. I think 2 is far more likey, but SCO's in for a nasty bit of bonking on the head for their behavior.

      Judges don't tend to be fond of those who would use their courts for PR purposes.

    6. Re:This leaves one big question... by Anonymous Coward · · Score: 0

      I think IBM may be allowing SCO to make damaging claims so they can sue them for libel after the claims are proven in court to be false.

      IBM could also be worried about giving SCO credibility and giving the impression that they are trying to shut up someone who has legitimate claims against them.

    7. Re:This leaves one big question... by Anonymous Coward · · Score: 0

      You do know what mensa means, don't you?

    8. Re:This leaves one big question... by Zathrus · · Score: 5, Informative

      Because you'd be a damn fool to do so.

      As it stands, SCO will have to prove that IBM broke its trade secret agreement, which is going to be a damned difficult thing for SCO to do. They're alleging copyright infringement as well but, and this is important, have yet to file a claim in court about any infringement whatsoever. Until they do so what exactly are you going to sue them for? Libel? Good bloody luck. You'd then be on the wrong side of the table -- you'd have to prove that their claims are false without ever seeing any of their documentation. Enjoy! You'll lose that case in a millionth of the amount of time the SCO/IBM case will take. If you even make it to day 2 in court I'll be amazed.

      Here's the deal though -- since SCO is bringing the case against IBM they will have to disclose ALL relevant information on the case to IBM. And presumably to the public, unless they somehow get the record sealed (and SCO does not have the political might that AT&T had in the AT&T/Berkeley case). The claimant is not allowed to spring surprises on the defendant in the US court system -- the defendant, being presumed innocent, is privy to all the claims being brought against them as well as all evidence to support those claims. The same is not true in reverse -- IBM can bring out evidence to counter SCO without SCO's lawyers having ever seen it before (this, however, is generally considered bad form and frowned upon not only by the other lawyer, but also the judge -- judges don't like having their time wasted and any such evidence should be shared with the claimant in order to avoid having the case go to trial in the first place).

      IBM may bring a countersuit against SCO, but in order to do so they'd have to show some substantive damages to their business model... not a very easy thing to do, particularly when you're the size that IBM is. It also complicates matters, and if IBM thinks they have a solid case they may not feel the need to bring a countersuit... easier just to shut them down quickly rather than turn an already long and complicated case into an even longer and more complicated case. Countersuits seem to be used most often when neither side has a particularly strong case.

      It seems to me that some of the players in this game have much more knowledge then they admit openly.

      Welcome to reality.

    9. Re:This leaves one big question... by prgrmr · · Score: 2, Interesting

      ...why does nobody stop these ridiculus claims of SCO ? It can be done as it has been already proven in Germany. Nobody can make false accusations without giving proof. Any Linux distributer or the EFF or other interest groups can sue them. And if one does this SCO would to have to show the code or STFU. It also raises the question why IBM doesn't do this.

      Several reasons:

      - it costs money to sue. Without a reasonable expectation of a return of that money in the form of an award for damaages, it's a poor risk.

      - is the code from Sequent subject to SCO licensing and IP owership with regard to their contract with IBM for license rights to Unix?

      - what of the GPL? This is clearly the biggest question for the Linux community, and much less so for IBM

      - Who really has a horse in this race? Marketing considerations aside, what risk does Suse, RedHat, Mandrake, et al have in the SCO vs. IBM suit? Until they are sued by SCO--and it will come in some shape or form regardless of the SCO vs. IBM outcome, unless IBM just buys them--what do they have to worry about that they can do something about?

    10. Re:This leaves one big question... by Twanfox · · Score: 2, Informative
      I know this is a stupid nit to pick, but...

      Until they do so what exactly are you going to sue them for? Libel?

      If SCO is going overseas and telling by word of mouth, it's slander. If they print it in book, or magazine or paper or something, it's libel. A newspaper reporting news on what someone else said isn't exactally libel, as the newspaper isn't saying it, but repeating what's spoken.

    11. Re:This leaves one big question... by Cpt_Kirks · · Score: 1

      You forgot:

      "There's no such thing as bad publicity"

      IBM is selling more Linux servers now. Linux is in the new more.

      I think IBM paid off SCO to start the whole mess. It's just an ad campaign.

    12. Re:This leaves one big question... by Anonymous Coward · · Score: 0

      The point was that while it is CLEARLY libel, it is also extemely difficult to prove that in court. It's like proving there isn't a pack of spider monkeys playing poker at the center of the Earth. Everyone knows it's true, but you've gotta buy a jackhammer and some heat shields to prove it.

    13. Re:This leaves one big question... by ccarr.com · · Score: 3, Informative

      the defendant, being presumed innocent, is privy to all the claims being brought against them as well as all evidence to support those claims.

      You mean presumed "not liable". This is a civel case, not a criminal case.

      The same is not true in reverse -- IBM can bring out evidence to counter SCO without SCO's lawyers having ever seen it before...

      No. In a civil case, the discovery rules allow either party to examine the other's records.

      --
      I don't know half of you half as well as I should like, and I like less than half of you half as well as you deserve. BB
    14. Re:This leaves one big question... by jreilly · · Score: 2, Interesting

      It would be damned hard to prove libel in the US. But what about the UK. If I recall correctly, the libel laws in the UK are such that the burden of proof is on the defendent. If SCO has a business prescence in the UK, and someone were to sue them there, they'd be forced to either accept a guilty verdict, or make their "proof" public. win-win for the linux community

      --

      Freedom's just another word for nothing left to lose
    15. Re:This leaves one big question... by shadowbearer · · Score: 1

      "I think IBM paid off SCO to start the whole mess."

      You misspelled MS :-)

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
    16. Re:This leaves one big question... by Badanov · · Score: 1
      Actually, the standard to prevail in a civil suit is the preponderence of evidence.

      I think a lot of this will be seen in discovery, unless SCO files and wins a motion to have its contentions sealed from public view, a real possibility given its claims of violations of trade secrets.

      Hopefully, with the first hearing, a gag order will be issued and from thence forward, only the public record will matter.

      SCO has to be sweating bullets with regard to its trade secrets: they have to know as soon as they show which of their secrets were violated in public (if at all) the offending code will be rewritten, presumably within weeks.

      --
      Dawn of the Dead
    17. Re:This leaves one big question... by hunterskye · · Score: 1

      What SCO does not want anyone to know is that they do not have any trade secrets to be violated, if you are to believe Richard Stallman, et al. And according to Linus Torvalds, Alan Cox, and other kernel developers, there is no infringing code in the kernel. SCO has asked for a jury trial, which to me is a sign that they are not attempting to try the case on its merits, but are going to try to win sympathy by taking the David vs Goliath approach. It is my understanding that most trials of this sort are handled only by a judge because of the technical nature the material being presented and the points of law that a jury would not have a grasp of.

    18. Re:This leaves one big question... by PeteQC · · Score: 1

      I Am Not A Layer
      I Am Not American (I'm Canadian) so I don't know about US laws very much but they seems to be like Canada laws

      but:

      I think that it would be possible for a Linux distributor to get an injunction against SCO to stop them making any declaration that create FUD over Linux if they don't show the proofs to the public. I think they (the distributors) could claim that SCO's allegations are detrimental for their business.

      --
      Montreal - Best city to live in!
    19. Re:This leaves one big question... by FranklyMyDear · · Score: 0
      Libel? Good bloody luck. You'd then be on the wrong side of the table -- you'd have to prove that their claims are false without ever seeing any of their documentation.

      In the US maybe. In Germany, and I imagine in many other countries, they have to either put up or shut up if they make libellous claims. Which makes sense, when you think about it. Take an example. Let's say you don't like me, and you decide to damage my reputation by claiming publically that I do drugs. Should the onus now be on me to prove that I've never touched any illegal drugs? How do I even go about proving that kind of thing? No sir, if you make libellous public statements about me in a country with sensible laws, you'd better have evidence.

  20. How is SCO's Lawsuit affecting sales of Linux? by Anonymous Coward · · Score: 1, Funny

    If I were a CIO or CTO debating the TCO of *nix vs. Win2K3 to a CEO, would IBM vs. SCO be the TKO that stops the CEO from approving A/P to pay my PO for RH's LGX?

    FWIW, even if OSS is FAIB, if the DOJ considers *nix IP with a TM, then it basically become's SCO's LIC, meaning our OSS becomes a CSS OS, which would RSTBO.

    AIBO going w/ an ASP that manages our OS? BTA, we might end up w/ a BOFH giving us ZA, which WWAD PMS.

    AFAIK, INMP if SCO wants to be ITM by enforcing its supposed IPR - *nix IP should be PD or GNU, like BSD just on GP, IYKWIM. I keep asking myself in this situation - WWLD?

    Oh, BTW - IITYWIMWYBMAD?



    Sorry... know this is a dupe from another /.'er's post, but saw the SCO headline and just had to!

    1. Re:How is SCO's Lawsuit affecting sales of Linux? by Khakionion · · Score: 0
      AIBO going w/ an ASP

      Funny, I didn't think Sony Aibo ran IIS...
      --
      OMG! Wau!
    2. Re:How is SCO's Lawsuit affecting sales of Linux? by frodo+from+middle+ea · · Score: 1

      Come again ..

      --
      for the last time people, I am "frodo from middle eaRTH", not "middle eaST".
  21. Japanese fluency by Fratz · · Score: 2, Interesting

    "McBride, who is fluent in Japanese, will visit with several founding members to show them code samples in which the Linux open-source operating system allegedly violates SCO's Unix patents, said an SCO spokesman."

    Something tells me that he won't need to use his Japanese much to understand their response. Laughter transcends language, after all.

    --
    -- Fratz, human
    1. Re:Japanese fluency by ChrisTower · · Score: 1

      japanese business men don't laugh during business meetings. only when they are drunk and pissing themselves on the way home from the bar.

    2. Re:Japanese fluency by xyote · · Score: 1

      I think the subtext is that since McBride is fluent in Japanese, he also understands Japanese business culture. The Japanese value long term business relationships and stability. Darl is going to try to cast FUD on the long term stability of using Linux.

    3. Re:Japanese fluency by Anonymous Coward · · Score: 0

      Actually they do laugh in business meetings.

  22. In a related story by AtariAmarok · · Score: 5, Funny

    (AP) In a related story, SCO took its fight against Linux to Antarctica. Little is known of the results, except that there are rumors of significant reductions in the penguin population."

    --
    Don't blame Durga. I voted for Centauri.
  23. Cat's out of the bag! by Anonymous Coward · · Score: 0

    So all we need to do is scan the linux kernel for typos & misspelings?

  24. SCO continues to dig its own grave... by SamNmaX · · Score: 1

    I wouldn't be horribly suprised if there is something to their case against IBM, but if there is anything it will be quickly removed and fixed.

    Meanwhile, SCO is going around spreading unwarrented fear about Linux. By trying to help their own profits by spreading this garbage, they are likely openning themselves up to lawsuits from companies trying to profit off of Linux.

    1. Re:SCO continues to dig its own grave... by Gads · · Score: 1

      In this cas, they would not be solvent! Waste of time...

  25. The CELF founders should know this! by Anonymous Coward · · Score: 0

    The CELF founders should read mozillaquest.com's interview with analyst Bill Claybrook before they even consider talking to McBride.When they read that interview, they will know that McBride is just blowing smoke.

  26. Evidence of someone else's common code? by Fly · · Score: 5, Interesting
    "I saw what appeared to be a word-for-word copy of about every third line of code in the central module of the Linux kernel," said Enderle of Giga Information Group, who viewed the alleged code violations two weeks ago. "The lines of code contained typos, misspellings and even copyright disclaimers. It appeared to constitute a violation of the license."
    Whose copyright?!? Surely, if is a GNU copyright notice, then SCO shouldn't be claiming the code. If it is a SCO copyright notice, then GNU/Linux should have noticed it already. If it is another BSD or other copyright, then what the heck is SCO trying to pull?
    --
    end of line
    1. Re:Evidence of someone else's common code? by PhilHibbs · · Score: 1
      Whose copyright?!? Surely, if is a GNU copyright notice, then SCO shouldn't be claiming the code.
      Just because someone slaps a GPL on someone's code and distributes it, that doesn't take away the owner's rights. Whether or not SCO gave away their copyright when they distributed Linux is something of a grey area.
    2. Re:Evidence of someone else's common code? by Fly · · Score: 1

      Unfortunately, no one can say what the copyright notices say. If one says GNU, and the other says SCO, then we would have to look at the checkins. It seems like it would be much easier, and thus more likely in some sense, that the code was copied from GNU to SCO if the notices are different. It will be hard to know if any SCO evidence of the origin of such notices are authentic. Since SCO won't say, we can only assume that we have no evidence for the alleged infringement. Hearsay, even by "experts" who have seen the code is not evidence.

      --
      end of line
    3. Re:Evidence of someone else's common code? by haystor · · Score: 1

      What he's saying is that if its a SCO copyright, we would have found it already, right?

      And if its the GNU copyright that matches Linux and SCO Unix, then its not the Linux crowd that's standing on the tracks.

      --
      t
    4. Re:Evidence of someone else's common code? by NecroPuppy · · Score: 3, Insightful

      Right, but follow me here.

      If there is something in SCO code that has a copyright notice, it has to be either a SCO copyright notice or someone else's copyright notice. (For the purposes of this, anything that SCO has rights to will be a considered to be an SCO notice.)

      If it is an SCO notice, then it should be very easy to find in the Linux source. Then we know what it is.

      Alternately, it is someone else's copyright notice. And if the copyright notices match, then it is code that was put into both SCO's and Linux's codebase. If it were a GPL copyright notice, then SCO is guilty of bringing code into their codebase without releasing it. I can't really believe they would be that stupid.

      Therefor, the notice must be for something that SCO thinks they have rights to. Whether this is AT&T or Novell derived stuff or something else, we don't know yet.

      The project then becomes thus:

      1) Identify all copyright notices in the Linux codebase.
      2) Eliminate all code sections with GPL notices, as that can't be in the SCO codebase (again, unless they are really stupid).
      3) Tabulate all remaining entries, and determine when and how they entered Linux. If necessary and possible, contact the contributors.
      4) Post the results, send links to the world.

      and, 5) Profit from the fact that SCO is driven into the dirt.

      --
      I like you, Stuart. You're not like everyone else, here, at Slashdot.
    5. Re:Evidence of someone else's common code? by jdhutchins · · Score: 1

      For the copyrights to be the same, it has to be in SCO's code as well as Linux's code. If it's a GPL, they can't claim "well, they copied our code and slapped a GPL on it" because the GPL or whatever copyright would be in their code too. I highly doubt they're that stupid. I bet the guy who commented on it just had absolutely no clue what he was talking about, and just regurgitated whatever the SCO guy told him.

      This guy who commented on the sutff he was shown is obviously a non-programmer, or at least someone unfamiler with the Linux kernal. "Central Module"??? I thought (I may be mistaken) that someone else had said that the "code copying" wasn't in the kernal core, but that it was in something that wasn't as significant.

    6. Re:Evidence of someone else's common code? by Elwood+P+Dowd · · Score: 1

      And then they'd need to show that the code was not in BSD before the AT&T settlement, and that SCO did not get the code from BSD after the settlement. These things have not been discussed by any of the analysts under NDA.

      --

      There are no trails. There are no trees out here.
    7. Re:Evidence of someone else's common code? by rking · · Score: 1

      Unfortunately, no one can say what the copyright notices say. If one says GNU, and the other says SCO, then we would have to look at the checkins.

      But the claim is that the two copyright messages are the same i.e. that one has been copied from the other. They can't be suggesting that "Copyright SCO" (or AT&T or whatever) in one codebase and "Copyright Linus" (or whoever) in the other is in itself evidence of copying between the two.

    8. Re:Evidence of someone else's common code? by Platinum+Dragon · · Score: 1

      Whose copyright?!? Surely, if is a GNU copyright notice, then SCO shouldn't be claiming the code.

      It's not that simple.

      I just did a quick grep of the 2.4.21 source, looking for the word "Copyright". It appears that every file has a line specifying the copyright year and holder. All SCO would need to do is strip out really obvious copyright notices, like those belonging to Linus Torvalds, Alan Cox, or Red Hat, and it would be less clear to an uninformed outside observer who the code writer worked with in the first place. Do you think Rob Enderle knows who, say, Andrea Arcangeli is, or any of the other kernel hackers who don't get interviewed on CNN or MSNBC?

      I'm willing to bet a lot of analysts are going to look very foolish and overpaid before this is over.

      --

      Someday, you're going to die. Get over it.
    9. Re:Evidence of someone else's common code? by antiMStroll · · Score: 1
      "I saw what appeared to be a word-for-word copy of about every third line of code in the central module of the Linux kernel," said Enderle ...

      Someone help me understand this as it's been close to 20 years since I've touched code. How is this even possible? Programs are a tightly knit system of instructions. SCO makes it sound as if each line was an independant entity unrelated to the whole. If GM claimed a competitor released a vehicle built one-third of Chevy parts it would make as much sense and be just as credible.

    10. Re:Evidence of someone else's common code? by PhilHibbs · · Score: 1

      You're right, I failed to understand the issue.

    11. Re:Evidence of someone else's common code? by minkwe · · Score: 1

      Copyright disclaimers?

      --
      "Fighting terrorists with millitary might is like killing a mosquitor on your Dad's forehead with a rifle."
    12. Re:Evidence of someone else's common code? by Anonymous Coward · · Score: 0

      You dont think that they mean this do you ?
      /usr/src/linux-2.4/COPYING.modules:
      There are (mainly historical) examples of UNIX device drivers and some UNIX filesystems that were pre-existing pieces of work, and which had fairly well-defined and clear interfaces and that I personally could not really consider any kind of "derived work" at all, and that were thus acceptable. The clearest example of this is probably the AFS (the Andrew Filesystem), but there have been various device drivers ported from SCO too.

  27. We are moths attracted to the flame ... by TheViffer · · Score: 1

    ... "must have latest SCO FUD fix."

    For the /. community it is nice to have a new evil around besides that of Micro$oft.

    --
    -- Knowing too much can get you killed, but knowing who knows too much can make you rich.
    1. Re:We are moths attracted to the flame ... by canajin56 · · Score: 2, Funny
      --
      ASCII stupid question, get a stupid ANSI
  28. Can Open Source be Used Against SCO? by Schlemphfer · · Score: 1, Interesting
    Has anybody looked into the potential to use open source philosophy to create things other than software? It seems like one of the most worthy projects in the Linux world could well be forming a group of people who make life miserable for SCO in a variety of legal ways.

    It seems that if you really want to advance the state of Linux, doing things to bring about the downfall of SCO and to convince others never to follow in their footsteps should receive as much attention at the moment as, say, improving the user interface. In other words, I think getting a few of the sharpest people in the Linux world leading the effort to mess with SCO might take away Linux's greatest threat.

    I'm neither a programmer nor a Linux user, and I'll readily acknowledge I don't know what the hell I'm talking about here. But I'd be really interested to hear ideas about how the Linux community could organize an open-source style project, not to create software, but to help wipe SCO off the map. To start with, what would such a group look like, and what would its immediate short-term projects be?

    --
    I'm generally "Interesting," "Insightful," and even "Funny" here. What the hell happens to me at parties?
    1. Re:Can Open Source be Used Against SCO? by Anonymous Coward · · Score: 0

      Hi, such a group would look like IBM's lawyers and their immediate short-term projects would be looking for evidence to present in court to disprove SCO's claims.

      Thankyou and have a good day.

    2. Re:Can Open Source be Used Against SCO? by Anonymous Coward · · Score: 0

      It's immediate short-term project would be to keep its existence hidden.

      Shhhhhhhhhhhhhhhhhhhhhhhhhh!

  29. Does anybody know what Dog and.... by Creepy+Crawler · · Score: 0, Informative

    ...Pony show means?

    It reffers to a few 'bands' of women and their 'managers' going around to hick towns and having the women screw and be screwed by dogs and ponies.

    And of course, they took in a bit of money doing so. My pops remembers when 1 such group hit a place in Indiana.

    --
    1. Re:Does anybody know what Dog and.... by DNS-and-BIND · · Score: 1

      Good thing only rural rednecks and hicks enjoy watching women have sex with animals. Now that the internet is here, such things are as rare as a family farm.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    2. Re:Does anybody know what Dog and.... by Anonymous Coward · · Score: 0

      ...which makes the reference in this story surprisingly accurate.

  30. Copyright Question by Shadow+Wrought · · Score: 1

    IANAL but I seem to recall hearing once that copyright damages are supposed to be worked out using the least invasive remedy first. In other words, should SCO prove its point that copyrighted code was placed into Linux, then the code should be removed. If the code cannot be removed, then the big penalties start kicking in. Since I haven't seen any mention of this in any of hte articles I am beginning to wonder if I misheard about this concept. Any IAAL out there know?

    --
    If brevity is the soul of wit, then how does one explain Twitter?
    1. Re:Copyright Question by judmarc · · Score: 2, Interesting

      IAAL, but despite the fact that I've worked on copyright and patent litigations, I'm no expert. With that disclaimer, a couple of words about what little I do know:

      1. SCO's suit, at least so far, isn't a copyright case, it's a contract breach claim against IBM.

      2. In a contract suit there is a doctrine called "mitigation of damages," which says you can't get damages from the other party for harm you could reasonably have avoided. I'd take this to mean that SCO can't get damages for any use of its code that occurred after the point where IBM could have stopped using it if it had been notified by SCO.

      3. Like everyone else, I'm very puzzled by SCO's failure to specify the offending code, and its lame excuses for that failure. OTOH, David Boies is a *very* good attorney, and if this is as lame a case as SCO's management is making it appear, I can't understand why he's still representing them. So the upshot is, as someone said in a response above, we'll just have to stay tuned (for a couple of years? arrgghh) and wait for this thing to play out.

    2. Re:Copyright Question by crucini · · Score: 1

      Thanks. That was a breath of fresh air. I hope it gets modded up.

  31. Who would marry a McBride? by AtariAmarok · · Score: 1

    I know there has been a big boom in the Asian mail-order bride industry, but now McDonald's is involved?

    "One extra-large McBride, with hot apple pie. No fries please".

    --
    Don't blame Durga. I voted for Centauri.
    1. Re:Who would marry a McBride? by Anonymous Coward · · Score: 0

      I'd prefer Hot McGrits.

    2. Re:Who would marry a McBride? by shadowbearer · · Score: 1

      and make that McBride well-done, please. I like my Executive burnt.

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
  32. If only Ichiro used Linux... by jpu8086 · · Score: 0

    ...McBride would be lynched to death, put in a sushi roll, and shipped to North Korea for the starving millions.

    --
    now supporting:
    cmdrTaco for president '04
    michael for oval office intern summer '05
  33. What they're saying: by Jonsey · · Score: 3, Funny

    With ... regretted appologies to Yatta!(c)(tm) (r)(dog)

    Nippon-Sue-Sue SCO-wonderful Easy-Rider-Salad-The-Mall! We didn't win so Sue! Sue! Sue! Sue!

    Now where are the guys in underwear jumping around talking about how life is good as long as they have leaves and that the economy will recover?

    Related Link: Google for Yatta. Trust me.

    --
    I assert that my comment is only my opinion, not that of any employer, past, present or future.
  34. Divinyls... by Anonymous Coward · · Score: 4, Funny

    When I think about SCO I touch my CELF

  35. Just more evidence. by cornice · · Score: 5, Insightful

    This is just more evidence that SCO has no intent other than to harm Linux. There seems to be nothing to gain, for SCO anyway, from this escapade in Japan.

    If this were an attempted murder, the victim would be Linux. The weapon would be SCO and the detective would now be visiting everyone with a motive. Hmmm who could that be?

    1. Re:Just more evidence. by Anonymous Coward · · Score: 0

      Who the hell modded this uninformed crap to two???

    2. Re:Just more evidence. by orthogonal · · Score: 1

      Who the hell modded this uninformed crap to two???

      No, the OP has a good point. If SCO does own Linux (via copied code, or SCO's other claim, as a derivative work), why try to discourage a bunch of really big companies from using it?

      You'd want them to use it, and then sue them or get them to pay a license fee. You wouldn't want to scare them away before they even started using your product.

  36. I hear it all the time by Andy+Dodd · · Score: 1

    On Slashdot and in both DAoC and EVE Online.

    --
    retrorocket.o not found, launch anyway?
    1. Re:I hear it all the time by Anonymous Coward · · Score: 0
      "I hear it all the time
      On Slashdot and in both DAoC and EVE Online.
      "

      That's because you're an ASSHAT !

    2. Re:I hear it all the time by Anonymous Coward · · Score: 0

      I do believe that ;)

      sncr

  37. SCO FAILS IT!!!! by Anonymous Coward · · Score: 0

    SCO is going to fail it big time in court! They don't even have a case against Linux or IBM. Just wait until their puny asses get kicked out of court and IBM refuses to buy them! They are going to get SOOOOO buried! Let's hear it for Open Source toppling yet another dishonest corporation!

  38. Bush STOLE the election! by Anonymous Coward · · Score: 0

    Subject is intended with great sarcasm.

    " The last guy to talk shit like that got an all-expense paid stay at club fed and that was before the Bushinazis staged their coup!"

    Must be the only country where a guy winning an election the usual way is called a "coup". Must help the losers deal with the fact that their guy lost the election.

    1. Re:Bush STOLE the election! by Anonymous Coward · · Score: 0
      Oh pleeeeease!

      You take a pass on the link yet rankle at some cheap throw-away flamebait?!!!

      Amazing! Jim Bell makes Ross Ross Perot look lucid. Heck, he makes Lyndon LaRouch look sane.

    2. Re:Bush STOLE the election! by Anonymous Coward · · Score: 0

      LaRouch says he is a Democrat

  39. Tainted Code...ohohOHOhoh by jav1231 · · Score: 1

    I would like to think that somebody somewhere is independingly going over the code and searching as well. I know it's a little difficult not knowing what they are calling "bad code" but nonetheless, some diligence on the Linux side might do some good. We are, however, not hearing about it. >

  40. You are doomed now .. they know who you are ... by TheViffer · · Score: 4, Insightful

    "The 1,500 companies who received letters from SCO [about potential infringements] should be worried, big time," said Rob Enderle, a research fellow for the Giga Information Group (Santa Clara, Calif.). Based on what he saw, Enderle said, "The evidence appears to be very compelling."

    Prepare for the leter with very compelling information.

    Ahh lets cut the crap right now.

    All SCO would need to do is publish one example of where Linux has there source code here to slashdot and it would probably sway 50% of the /. viewers in a second (and if you mention WMD or politics here, you should get modded down to obliteration)

    I would very much like to see one of these 1500 letters and this very compelling information.

    --
    -- Knowing too much can get you killed, but knowing who knows too much can make you rich.
    1. Re:You are doomed now .. they know who you are ... by Anonymous Coward · · Score: 5, Interesting

      "The 1,500 companies who received letters from SCO [about potential infringements] should be worried, big time," said Rob Enderle, a research fellow for the Giga Information Group (Santa Clara, Calif.). Based on what he saw, Enderle said, "The evidence appears to be very compelling."

      Ohh.. Rob Enderle a previous IBM employee whose research and client list includes "Anticipating changes in Microsoft products and organizational direction" and "Microsoft". Sound like someone I'd trust to comment on SCO vs IBM? Yeah...

    2. Re:You are doomed now .. they know who you are ... by otisaardvark · · Score: 1
      if you mention WMD or politics here, you should get modded down to obliteration

      WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics WMD politics...

      Sorry, couldn't resist (-;

    3. Re:You are doomed now .. they know who you are ... by Ian+Lance+Taylor · · Score: 2, Informative

      I would very much like to see one of these 1500 letters and this very compelling information.

      I can't help you with the compelling information, but SCO posted a copy of the letter on their web site for a while. I think they've taken it down since, but you can still see it here.

    4. Re:You are doomed now .. they know who you are ... by pclminion · · Score: 1
      (and if you mention WMD or politics here, you should get modded down to obliteration)

      I don't see why. I think it's genuinely interesting that the Bush administration was able to take over another country based on claimed evidence held behind its back, and get away with it (and now that it's coming out publically that there isn't much evidence for WMD in Iraq, the public seems to really not care), and now Darl seems to be doing the same thing. I wonder if he learned from example?

      Why should the possible ideological connection between the two events be considered irrelevant, or "modded down to obliteration?"

    5. Re:You are doomed now .. they know who you are ... by RevSmiley · · Score: 1

      Only if more than 10% of the sane US population cared.

      Get a clue.

      --
      As you can see I don't care about my karma.
  41. Re:Lame Duck by DrWho520 · · Score: 2, Funny

    I didn't think Japanese companies gave lame ducks much consideration...besides what kind of sauce to cook them with.

    --
    The cancel button is your friend. Do not hesitate to use it.
  42. sorry, charlie by SweetAndSourJesus · · Score: 3, Informative

    Asshat was around long before fark.com.

    An interesting etymology of asshat.

    --

    --
    the strongest word is still the word "free"
  43. Darl must be suicidal by Andy+Dodd · · Score: 5, Funny

    Isn't it enough to piss off one 800 pound gorilla?

    Now he goes poking another eight of them with a stick.

    --
    retrorocket.o not found, launch anyway?
    1. Re:Darl must be suicidal by hendridm · · Score: 1

      > Isn't it enough to piss off one 800 pound gorilla? ... Now he goes poking another eight of them with a stick.

      "I fear that we have awakened a sleeping giant and filled him with a terrible resolve" -Admiral Isoroku Yamamoto, December 7th, 1941

    2. Re:Darl must be suicidal by RevSmiley · · Score: 1

      Well his name is Darl.
      Go figure.

      --
      As you can see I don't care about my karma.
  44. Re:linux is for stupid nerds by nephelant · · Score: 0

    HAHHAAHAHHA Brian Collins! You forgotz0red your sigz0r had ur nam3!!!!!!!!!1111 LOLOLOLOLO!!!!! Lamz0r!

  45. CE == Embedded by jasno · · Score: 1

    Since these guys are working on "embedded linux", and therefore probably not very concerned with x86/enterprise code, why is SCO trying to scare them? I thought SCO's claims revolved around "Unix" on the x86 and certain enterprise features. Chances are that's exactly the code these guys are going to look at reimplementing to get it to work in an embedded environment.

    --

    http://www.masturbateforpeace.com/
  46. SCO just filed amendments to bylaws to indemnify by walterbyrd · · Score: 4, Interesting

    top execs.

    Something I read on yahoo message board.
    ----
    Specifically quoted from their FORM 8-A/A SEC filing. Last sentence of page 3 in the Bylaws section:

    "The Bylaws also provide that the Company will indemnify officers and directors against losses that they may incur in investigations and legal proceedings resulting from their services to the Company,"

    So as far as I can tell the Company could care less whether or not what they did was legal or ethical.

  47. Could be trouble by Trolling4Dollars · · Score: 1

    If the US public could be misled by Bush and his administration to go to war with Iraq, then I would hazard to guess that the judge in the SCO suit (if well picked) could easily be misled to side with SCO on this suit.

    At the moment, most Americans don't seem to be sharp enough to figure out when they are being hoodwinked. I would say that this extends to our judicial system as well as the general public. When the judge hears the word "Linux", he's going to believe what SCO says:

    Linux = Anything Unix-like that isn't SCO Unixware (including the GNU tools and XFree86)

    Not:

    Linux = The Linux Kernel

    Keep it in minds folks. We'd all better start making the distinctions VERY clear.

    1. Re:Could be trouble by stephenry · · Score: 1

      A ruling in the US does not apply to other countries of the world. Indeed, with the widespread support for linux in Asia and Europe, it is highlightly unlightly that SCO's endevours would even get as far there as it has today in the US.

      In the long term, this suit presents no problems for linux. Though Linux's adoption may have been disrupted in the short term, its development has reached critical mass. Whether companies defer the transition to Linux based solutions for a couple of years or not, they will switch; and one thing is clear, that the Linux kernel will continue to improve. It's only a matter of time.

    2. Re:Could be trouble by RevSmiley · · Score: 1

      "If the US public could be misled by Bush and his administration to go to war with...."

      You are a being ignorant. Bush has not even nominated the great majority of the judical branch appointments to their positions. These appointments are for life. How the fuck does anything Bush may or may not have done in regard to Iraq effect the out come of this case? Bush as president only runs the executive branch of government not the judicial branch. He has no control over the judical branch. He has no control over any federal Judge. I get it. If people supported the war they also have to be so ignorant as to not see this SCO crap for what it is. There is no way they could hold a different world view than yours in the regard to the war in Iraq and also see this for what it is. What a fatheaded view on people and politics and justice in the USA.

      You and your ilk bring this "Bush is evil" stuff up in order to put forward your personal and political bias. It never stikes you that those who may disagree with you might just be as or more interesed in getting this shit over with. That they too believe Darl McBride and SCO are full of shit. That they also might be using Linux. That they might to be stakeholders in the outcome of all this. It's a sorry thing that people have to continually point stuff like this out. I really don't care that I will no doubt be modded down but people have to make a stand about this crap. Keep your anti Bush anti US comments to yourself. It's really that easy asshat.
      You must be all about exclusion and not inclusion and freedom to have such tunnel vision .

      Finally is putting live humans into plastic chipper/shredders and having their familys watch them die or having on the government payroll those with the job title rapist doesn't justify any means to get rid of Saddam then you are a co-criminal with him. You must have missed the moblie weapons labs and despenser that have been found but I can't see how. They were on every news broadcast in the US. Most of the evidence points to the fact he was producing and planning the production of WMD(s) This is about the Linux kernel and SCO's attempt to screw it over. It's not about your political ideas and preferences. Haven't you got that figured out yet?

      My distinctions are very clear Bush, Iraq, WMD are all not in any way shape or form part of the SCO Linux kernel issue. Asshat.

      --
      As you can see I don't care about my karma.
    3. Re:Could be trouble by Trolling4Dollars · · Score: 1
      Hehehehe... touchy touchy touchy. :P


      Finally is putting live humans into plastic chipper/shredders and having their familys watch them die or having on the government payroll those with the job title rapist doesn't justify any means to get rid of Saddam then you are a co-criminal with him.

      Bzzzt! Try again. Did I ever say I liked or supported Saddam Hussein? There are other ways to effect "regime change" besides brutish war. You sound a lot like Ann Coulter. Do you think I should be killed for being a "treasonous liberal?" How does that separate you and your type from Saddam and his type? After all YOU just called me a co-criminal. That's a pretty strong accusation. Oh I see... If I'm not with you, then I must be against you. OK.

      You must have missed the moblie weapons labs and despenser that have been found but I can't see how. They were on every news broadcast in the US.

      That depends on who you believe. I don't trust Fox News at all or any other conservative mouthpiece. It's damn hard to find reliable news these days in the corporate run U.S. Fortunately, not all the voices of dissent have yet been stamped out. Too many corporate interests keep real news from getting out to the public. That is why the capitliast system is failing. All goes back to greed. (See, it does relate to SCo after all!)

      This is about the Linux kernel and SCO's attempt to screw it over. It's not about your political ideas and preferences. Haven't you got that figured out yet?

      True. However, the fact that the collective intelligence of the American public has declined over the course of my lifetime is worrying. That people would cheer on a liar (at best) and a criminal (at worst) as he pretends to be a fighter pilot, bothers me. That people let themselves be fooled by phoney concern for the American public (Code Yellow, Code Orange, etc... It's all bullshit) when it's really a massive FUD campaign, bothers me. The fact that people were convinced enough to associate Saddam Hussein and Sept. 11 even though there is absolutely no connection (other than what some jingoistic fucks want to see), bothers me. The fact that most Americans are roused by the mantra "Let's Roll" rather than a reasoned approach that actually uses thought instead of force, bothers me. We've become nothing more than a big WWF goon in the international arena. I really hoped that by this point we would have a more enlightened view. Considering how much people want to be fooled by their masters and worked into a frenzy over something as stupid as the war in Iraq, it's not too much of a leap to see what COULD happen in the SCO case.

      You are typical of most people who had no problem with Iraq however. You put words in other people's mouths (calling me a co-criminal) and change the subject (The SCO case will still be affected by the same factors that are currently affecting the U.S. as a whole).

  48. What the hell. by Mmm+coffee · · Score: 2, Insightful

    What the hell, I got karma to burn. You know, I really want to kick that guys ass. Doesn't even really have to be a full out fight, just give me one shot. Just one little shot and I'll knock him out, easy.

    SCO has lawyers. Linux has a bunch of geeks with thousands of hours of experience with the bloodiest video games on earth.

    -1 Offtopic.

    1. Re:What the hell. by Aadain2001 · · Score: 1

      And we wonder why the media blames violence on violent video games.

      --
      Space for rent, inquire within
    2. Re:What the hell. by cranos · · Score: 1

      They blame the games so people will stop blaming the shows and movies the media shows.

  49. UNIX Patents by Bigby · · Score: 5, Informative

    "In the past three months, SCO Group, a small software company that owns Unix patents, claimed it had found chunks of its Unix code in Linux."

    I thought it was already concluded that SCO doesn't even claim to own UNIX patents. They just claim that they own the copyrights. The Novell escapade brought all of that out. EE Times needs to get their story right.

    1. Re:UNIX Patents by iapetus · · Score: 1

      It's not EE Times that need to get their story straight: it's SCO. Unless by some wonderful stroke of chance Darl can be held personally accountable for some of the crap he spouts.

      --
      ++ Say to Elrond "Hello.".
      Elrond says "No.". Elrond gives you some lunch.
    2. Re:UNIX Patents by Fly · · Score: 1

      Because EE Times states as fact, "a small software company that owns Unix patents," about SCO, they are not attributing this to SCO. If the article said, "a small software company that claims that it owns Unix patents," then it would be SCO's story in dispute. If I write, "The sky is pink," I need to get my story straight.

      --
      end of line
    3. Re:UNIX Patents by Error27 · · Score: 1

      They claim to own patents.

      Here is the relevant quote from a Wired article:
      Since the lawsuit, people have "suggested that SCO doesn't own any Unix patents," Hunsaker said.

      The Microsoft deal "is part of an ongoing effort to validate our intellectual property rights... (and) shows very clearly we own Unix patents because Microsoft just licensed them," Hunsaker said.


      The truth however, is that Microsoft only licensed a single patent and not "patents". It a big secret which license Microsoft licensed. Although, SCO does own a few patents, the company doesn't own any relevant patents. The lawsuit is definately not about patents and only mentions patents in a random quote.

      I wouldn't be surprised if SCO representatives told the reporter that the lawsuit was about patents.

    4. Re:UNIX Patents by hunterskye · · Score: 1

      Did Microsoft actually license a Unix patent from SCO? Or did they sublicense the patent that is still owned by Novell? That situation is still murky to me.

    5. Re:UNIX Patents by Error27 · · Score: 1

      Novel never licensed any UNIX patents to SCO. That was specifically excluded from the contract.

      It's not clear that Microsoft licensed a "UNIX patent". It's not clear which patent they licensed at all.

    6. Re:UNIX Patents by hunterskye · · Score: 1

      This scenario is playing out like some of the recent child abuse cases where proscecutors file a hundred or more chsrges against a defendant in the apparently correct belief that a jury will believe that at least some of those charges are true. All they have to do is get one to stick. In this case, SCO is throwing out accusations left and right, the lates even more bizarre than the last, and they are getting some people to believe their line. "They must have some kind of case, else they wouldn't be suing" type of mentality. Patents, copyright infringement, et al, when the case is really about contract violation and trade secrets. And that is what it will be about in court. The rest of this crap will not be allowed.

  50. Re:NDA? - SCO is stupid by rockabilly · · Score: 1

    Mod the parent up!

    If SCO KNEW that they had a winning case, the leach lawyers wouldn't be telling McBride to go to Japan, they would be telling McBride to 'sit back and watch everyone switch to Linux cuz you can then sue their asses off too!'

  51. Nametag for Darl... by ackthpt · · Score: 1
    Hello My Name Is:

    Darl

    My Firm Is:

    For Sale

    --

    A feeling of having made the same mistake before: Deja Foobar
  52. Re:*sigh* by Anonymous Coward · · Score: 0

    Having keys to your house sucks badly, paying strangers to to remotely operate your locks is vastly superior. It's about time that home-owners stopped blindly trusting themselves and let big unethical corporations operate their locks.

    This is not insightful. It's flamebait

  53. So if Darl McBride is just blowing smoke... by weeboo0104 · · Score: 1

    ...about copyright violations to the Japanese, does that mean he will have to disembowel himself or just cut off a thumb when they find out he's full of it?

    McBride San, please wash your neck so we can give you our reply.

    --
    It is easier to build strong children than to repair broken men. -Frederick Douglass
  54. Re:0NC3 M0R3 |NT0 T3H BR33CH35! by Anonymous Coward · · Score: 0

    45 G0D |5 MY W|TN335, 50M3D4Y 3y3 W|[[ G3T TH4T 3[U5|V3 TH|R5TY P05T!!!!

  55. Easy way to fix this.. by AlbanySux · · Score: 4, Interesting

    IBM has the code to both SCO and Linux, why don't they find out the offending chunks and release a patch to romove them. The Linux community can then rewrite these peices of code and the problem goes away.

    Unless ofcourse IBM thinks that would be an admission of guilt and therefore screw them.

    1. Re:Easy way to fix this.. by Bigby · · Score: 1
      Two questions:
      1. Why would SCO want to help Linux?
      2. What stops users from "diff"ing the older Linux kernel with the newer Linux kernel that SCO hacked? That would release "their code" indirectly. They may as well just tell us what the hell they think is copied.
    2. Re:Easy way to fix this.. by Anonymous Coward · · Score: 0

      It isn't that easy because the code that they are going after IBM for seems to be code that IBM wrote. SCO believes that any code that IBM put into AIX, merges upstream to the UnixWare code that SCO owns and licenses. Compare this to a closed source GPL type license. IBM, of course, believes that the code that it created or bought from other companies than SCO can be places wherever IBM sees fit.

      This will eventually come down to contract law, not copyright or patent law. In the meantime, Darl will try to confuse the situation as much as possible to get as many licensees as they can for the "UNIX CODE". Of course, much of this base code should be Public Domain through the AT&T settlement a decade ago.

  56. Re:linux is for stupid nerds by legcramp · · Score: 0, Flamebait

    bill gates is a good game designer. flight simulator rocks. linux is shit and the only good game it has is THE MINESWEEPER PORT. BILL GATES INVENTED MINESWEEPER AND PINBALL SHUT YOUR HOLE SHITHEAD

    --
    collins, brian
  57. God you're a moron. by Anonymous Coward · · Score: 1, Insightful

    It comes from the circus. Well trained animals.
    It doesn't take much to do a search online.

  58. They Own C++ Too!!! by jobsagoodun · · Score: 5, Interesting

    In this zdnet article (who else!) from 2002, Darly Baby says:
    "And C++ programming languages, we own those, have licensed them out multiple times, obviously"
    Watch yer arse Stroustrup! Darls coming to get you!

    1. Re:They Own C++ Too!!! by Fly · · Score: 1

      With what he pulled against Microsoft with DOS, why didn't we see this coming with Unix-like OS's and possibly C++?

      --
      end of line
    2. Re:They Own C++ Too!!! by the-build-chicken · · Score: 4, Funny

      wow, there must just be some insane hash being passed round at SCO headquaters. I wanna get me a half a bag of SCO special, sounds like it kicks ass.

    3. Re:They Own C++ Too!!! by Anonymous Coward · · Score: 0

      Hash?! No man,... its Santa Cruise Opium.

    4. Re:They Own C++ Too!!! by minkwe · · Score: 1

      Apparently they've been showing people AIX and HP-UX source code. How can they claim trade secret then:

      "We own all that intellectual property and have relationships with a lot of vendors. If people want to come and see the original HP-UX source code, they come to us. We get several dozen requests a month just to come in and see AIX or HP-UX code base. And C++ programming languages, we own those, have licensed them out multiple times, obviously. We have a lot of royalties coming to us from C++. It was interesting to see the depth of Caldera's intellectual capital."

      --
      "Fighting terrorists with millitary might is like killing a mosquitor on your Dad's forehead with a rifle."
    5. Re:They Own C++ Too!!! by njdj · · Score: 1

      This is not quite as ludicrous as it seems, because when Stroustrup implemented the very first versions of C++ in cfront, he was an employee of AT&T. AT&T therefore owned the copyright in that work, and this copyright may have been included in the bundle of old AT&T copyrights which ended up in SCO's possession.

      I still think that McBride is blowing smoke, because g++ is an independent implementation of the C++ specification. So his comment might be partly true, but irrelevant.

  59. Wait a second? by AnimeFreak · · Score: 0

    Maybe SCO has more money than we think. They can actually still afford a flight and accomodations in Japan!

  60. SCO is looking more and more like... by FrankoBoy · · Score: 1

    ...the Raelians. False "cloning" claims, you know. Hope we won't hear of SCO anymore in six months as well...

    1. Re:SCO is looking more and more like... by Anonymous Coward · · Score: 0

      Yeah, and they're going to get some butt-ugly French whore fashion victim to represent them at press conferences....

      Boisselier, the Iraqi Information Minister, Ari Fleischer, and Darl McBride all together in one room: Would that be like "crossing the beams"?

  61. An uplifting idea.... by syle · · Score: 1

    Maybe we can convince them to shoot him into space.

    --

    /syle

  62. Re:linux is for stupid nerds by nephelant · · Score: 0

    SHUT UP YOU N00B! Flight simulator runs on my XBOX! Linux on the XBOX!!!1 GAY!!!! All those geeks and nerds who think 'woah' I got linux on my xbox. It's a gamesconsole!!!!!!1111 YOU SUCK, CRAMPYLEG (This is insightful, not flamebait)

  63. Strange trip to Japan by walterbyrd · · Score: 5, Interesting

    I got this post from the yahoo message boards, the guy has a good point:
    -----
    by: martin_lvnv (41/M/Las Vegas) 07/07/03 04:44 pm
    Msg: 18108 of 18112

    Has anyone considered how strange it is that Darl is going to Japan to talk to the CE Linux Forum? CE stands for consumer electronics: i.e. very small embedded systems running out of ROM most of the time without a hard drive on a small cheap processor.

    SCOs published claims both from press releases, news reports and their own complaint are about IBM putting "enterprise" technology into Linux: NUMA, JFS, RCU, SMP etc. None of these things apply in the least to embedded systems running out of ROM on a consumer electronic device. Whats up with that?

    My only guess is that SCOs arrogance knows no bounds and they think anything using a computer chip, even a toaster, has to infringe on SCOs IP.

    http://www.celinuxforum.org/PressRelease/pr02.ht m

    1. Re:Strange trip to Japan by Anonymous Coward · · Score: 0

      But Microsoft does do embedded OS's...

      Hmmm

    2. Re:Strange trip to Japan by Aadain2001 · · Score: 1

      Here's why: Japan has a HUGE CE market(just look at all the cell phones!). If Linux becomes THE standard embedded OS, it gains a lot of validation and respect from the rest of the CE market in the world (like the US). Once it's proven that Linux is a stable, scalable OS it will be viewed for other tasks as well, one of which will be in large supercomputers. See, all this goes to changing the view of Linux from "that other OS" to "the OS of choice". That would mean more adoption of Linux and less Unix sales. Everything has to start small before they can get big.

      --
      Space for rent, inquire within
    3. Re:Strange trip to Japan by Linux_ho · · Score: 1
      SCOs published claims both from press releases, news reports and their own complaint are about IBM putting "enterprise" technology into Linux: NUMA, JFS, RCU, SMP etc. None of these things apply in the least to embedded systems running out of ROM on a consumer electronic device. Whats up with that?
      Lends a little more weight to the Darl-McBride-as-Whore-For-Microsoft theory, doesn't it? They recently paid SCO millions, nobody knows exactly what for. They recently started more aggressively pushing their marketing in the embedded sector.

      I'm not generally prone to Microsoft conspiracy theories, but I can't think of any other reason why McBride would be campaigning against Linux in the embedded sector. Maybe he's hoping that he can convince Sony and Hitachi to pay him millions without seeing any real, convincing evidence of his Linux-violating-SCO-IP allegations. Yeah, right.
      --
      include $sig;
      1;
    4. Re:Strange trip to Japan by Anonymous Coward · · Score: 0

      Yeah, they own JFS now too, don't they?

  64. Turism by Anonymous Coward · · Score: 0

    Traveling on the ivestors money must be fun. It's not like they are making money...

  65. Re:linux is for stupid nerds by Anonymous Coward · · Score: 0

    I GET SEX EVERY NIGHT.

    WANNA KNOW WHY?
    WINDOWS. with msn mESSNENGER I GOT A GIRLFRIEND
    and SHE HAS A VAGINA
    linux has no girls
    linux sucks with no games
    x boxs are cool and billiam gates wrote the best game "messiah" in visual basic using .net and php sucks microsoft sql owns fucking stupid oracle. ASP OWNS PHP ANDP ERL

  66. Uniformed article by El · · Score: 2, Funny
    SCO Group, a small software company that owns Unix patents


    Uh, what Unix patents would those be?

    --

    "Freedom means freedom for everybody" -- Dick Cheney

  67. Where do you get this shit? by poptones · · Score: 3, Informative
    In the early years of the 20th century, "dog and pony show" was a derisive name for a small circus or carnival. These small-town carnivals, not large or fancy enough to offer elephants and tigers, had to make do with more modest acts, such as dancing dogs and prancing ponies, to draw crowds. By the time of World War I, "dog and pony show" was being used as a metaphor for a big show with very little substance.

    Many "mom and pop and kids" circuses that toured small towns could not afford the expense of maintaining large animals such as camels and elephants, or dangerous and also expensive ones such as lions and tigers. Often, their only menagerie was a few dogs and a pony. The majority of their entertainment consisted of clowning, acrobatics and juggling, with a few acts that involved the dogs and pony. The larger, more sophisticated and better equipped circuses came to refer to these little guys as "dog and pony shows."

    I'm sure there was the occasional carnie who would put on "special" shows for select clients, but so far as I know beastiality has long been illegal in many US states and, therefore, the practice you describe, performed in the US, would present a very real risk of imprisonment to all participants - hence the legends about "pony shows" down in ye olde Tijuana.

    1. Re:Where do you get this shit? by Anonymous Coward · · Score: 0

      Many "mom and pop and kids" circuses that toured small towns could not afford the expense of maintaining large animals such as camels and elephants, or dangerous and also expensive ones such as lions and tigers. Often, their only menagerie was a few dogs and a pony.

      Actually, I remember going to Barnum and Bailey as a kid (in the late 60s, early 70s) and seeing dogs (and ponies) in the show. I don't know how the big circuses are now, but back then they definitely had dogs and ponies.
    2. Re:Where do you get this shit? by poptones · · Score: 1
      Last time I was at a B&B circus they had quite a menagerie of elephants, lions and tigers and bears...

      Apparently you don't understand the word "only."

    3. Re:Where do you get this shit? by Anonymous Coward · · Score: 0

      I actually went to a bar in Nuevo Laredo, Mexico where they had a "donkey show". However, I'm certain it wasn't as wholesome as the "dog and pony" shows you were talking about.

    4. Re:Where do you get this shit? by Anonymous Coward · · Score: 0

      I can assure you that the legends about the shows in Mexico are true. By the way, I have a friend who ate the banana at the banana show.

    5. Re:Where do you get this shit? by Anonymous Coward · · Score: 0

      man! you typed all that on you own free will? what was the point?

  68. Re:linux is for stupid nerds by nephelant · · Score: 0
    YOU GET SEX EVERY NIGHT.... with Linus!!!111 And then he pulls some kernel code out of your ass!!!1 Hahahahahaahahahahahahahaha Microsoft Windows Server 2003 0wns BSD and Linux. .NET owns C and C++. GNU SUX0RZ

    Don't modz0r. Replyz0r

  69. Japan Impression by Shadow+Wrought · · Score: 5, Interesting
    I somehow doubt that McBrides Dog and Pony show is going to have much of an impact on the CERF companies. These folks didn't just draw Linux out of a hat, they have been studying it for months now. Not only that but their lawyers have already looked at all sorts of fine print about this and concluded that the companies are OK.

    I worked on an IP case as a paralegal once that involved the Japenese Patent and Copyright office. It is an amazingly complex system over there and I doubt that SCO would be able to do anything to them even it wanted to. Even if they tried to get a UTC injunction against the importation of the Linux embedded goods, they would still be limited to getting the infringing pieces removed. While I am not a developer, it certainly seems from what I have read that replacing the offending code would not be terribly onerous.

    In the end, however, I can see potentially large blows coming to either the Linux community or SCO depending on how the companies respond to the presentation.

    --
    If brevity is the soul of wit, then how does one explain Twitter?
    1. Re:Japan Impression by rking · · Score: 1

      I somehow doubt that McBrides Dog and Pony show is going to have much of an impact on the CERF companies. These folks didn't just draw Linux out of a hat, they have been studying it for months now. Not only that but their lawyers have already looked at all sorts of fine print about this and concluded that the companies are OK.

      Yes, the most interesting thing about this story is it seems apparent that Darl contacted the CELF companies after they officially announced their plans. The fact that they didn't contact SCO beforehand suggests that they weren't at all impressed by SCO's claims, which they must have known about (barring incompetence by all of them).

    2. Re:Japan Impression by Anonymous Coward · · Score: 0

      Actually that's not true .. japanese companies are notorious for caving into patent litigation. Recent example .. i think Sony or Canon paid some silly company that claimed to have JPEG patented.

      It's frequently a strategy to get japanese companies to pay you royalties, and then go to US courts and say "here see XYZ major corps believed that we own these rights"

    3. Re:Japan Impression by Mostly+a+lurker · · Score: 2, Insightful

      If there were anything even remotely real about SCO's allegations, then this would be extremely significant in Japan. It is not to do with the legal position. The business climate in Japan is totally different to that in the US. In Japan, ethics and probity are critical. If SCO could provide convincing evidence that their trade secrets had been infringed in Linux, Japanese organisations would take a big financial hit to avoid using it. However, they will look at any claims with a fine toothcomb before accepting them. Actually, the impact of McBride's visit will be an excellent indication of whether we have anything at all to worry about.

  70. Tekeli li Tekeli li by Anonymous Coward · · Score: 0

    "After an hour, they discovered a large cavern inhabited by Albino penguin, which fled at their approach. Hearing what they thought to be a Shoggoth, they fled back to the surface.

    Now thoroughly spooked the group hurridly retraced their route back to the schoolhouse, only to be brought up short by a whispered sound of tekeli-li heard by Dr. Weiss and Professor McKeowan. "

  71. It's probably common code, all right... by TheSHAD0W · · Score: 1

    The question is, did Linux take it from SCO, or did they both take it from an earlier reference?

    If it had been distributed before under a free license, SCO can't slap its copyright on it and call it proprietary. It's essentially "prior art".

    On the other hand, if it actually came from SCO, then their refusal to disclose it IMO means they aren't taking steps to protect their intellectual property, by not allowing the Linux community to produce a clean-room equivalent.

    In other news... I am suing Encyclopedia Brittanica because they stole my work in their entry for... Well, I'm not going to say.

    1. Re:It's probably common code, all right... by Celeron1point2ghz · · Score: 1

      I guess Encyclopedia Brittanica is just going to have to do a complete rewrite then.

    2. Re:It's probably common code, all right... by Fly · · Score: 1

      I think rather that they should simply ignore the claims after failing to get an explanation of them with any relevant details. If the claims are sent to EB's customers, then EB should sue to have such scare tactics stopped.

      --
      end of line
  72. Not really offtopic, I'll tell you why. by ebbomega · · Score: 2, Insightful

    (Why must Mods automatically assume that something is offtopic. If anything bad it's flamebait, but I hardly see that it is)

    This seems to be central behind this debate. What is SCO claiming is infringing? Some seem to say that it's claiming that the Linux kernel has IP source code in it. If this is the case, then no, it's Linux that's infringing and NOT GNU/Linux. If it's GNU/Linux that's infringing, then I think they also have to accuse Berkeley of the same thing, as the GNU operating system is designed on the same general theory as BSD (A UNIX-like operating system). As I recall, all BSD ever got in trouble for was naming their OS UNIX. GNU's already got that area covered pretty easily, wouldn't you say?

    Now, if there's a specific COMPONENT of GNU/Linux that infringes (which would be a bit difficult to pinpoint... X11? Bash? What?) Then they should stop mentioning Linux in its entirety and shouldn't come after it so much as they should go after the project developers or the FSF. Not to mention the GNU/HURD developers.

    The most plausible case that SCO seems to have is over the Linux kernel, honestly. In which case it has nothing to do with GNU except that the GNU/Linux system is distributed with the infringing kernel. However, that's something that SCO should take up with Linus et al instead of the distros themselves.

    More FUD, more FUD, more FUD.

    --
    Karma: Non-Heinous
  73. f@!k the NDA I signed: many lines of code are same by binaryfeed · · Score: 4, Funny
    I signed the NDA and looked at the code in question with a SCO representative.

    Every few lines there was a line that was exactly the same as code in the Linux kernel source tree.

    These lines contained one and only one character: '\n'

  74. You big dope! by Thud457 · · Score: 1
    He's quoting one of the NDA signers who evaluated the code to verify SCO's claims.

    If there are COPYRIGHT NOTICES that are common to SCO & Linux, they would stand out like sore thumbs to anyone investigating the Linux Kernel code. UNLESS they were some version of a OS copyright GPL/BSD,etc.

    So the fact that this guy is citing COPYRIGHT messages as instances of commonality between the code bases indicates that he has no grasp of the issue.

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  75. Babelfish says by christoofar · · Score: 1

    McBride, who is fluent in Japanese, will visit with several founding members... Translation? HI MY CODE MAKE YOW AIX GO SUCKY-SUCKY. I FILE IP SUIT, YOUR COMPANY GO **BOOM!***

  76. thanks... by lauterm · · Score: 2, Funny

    Thanks for the fix. The twitches were really starting to get bad.

  77. Re:linux is for stupid nerds by Fly · · Score: 1

    Hi, I just wanted to jump on the stupidity-train, too. Chooo-chooooo!!!!!!!!!!!!!!

    --
    end of line
  78. How long can they be allowed to continue? by Anonymous Coward · · Score: 1, Interesting

    This is really bordering on the ridiculous! The few specific (sort of) claims that SCO has mentioned about stolen IP that ended up in the kernel had to do with:
    1. SMP support
    2. journaling filesystem
    (correct me if I am wrong or I missed something else that SCO has mentioned)

    Now how in the hell can these issues be related to embedded Linux applications? I mean, yeah, I can see how the definition of embedded systems is creeping up to include the capabilities of general purpose computing platforms, but unless I missed something from SCO, how can they be threatening this consortium with what they claim as the basis for their lawsuit against IBM?

    Isn't it time for the courts (like they did in Germany) to force these people to put up or shut up? If there is offending code in the Linux kernel, which I personally doubt, it should be fairly obvious IF it was copied and, with a little work, WHERE it was copied from. If there are discoveries that need to be made to determine exactly where it came from and who stole what from whom, then making this a PUBLIC discussion with full disclosure and as many eyes as possible looking at it can do nothing but help SCO's case, if they have one.

    If they don't have a case, surely there are some legal remedies available to the companies (like the consortium mentioned in this article) for compensation for their time and effort wasted on groundless accusations. And, if SCO wants to drag this out to the maximum, can't they be forced to post a (huge) bond against potential awards of damages?

  79. ccNUMA for handhelds -- a copyright infringement by Anonymous Coward · · Score: 0

    Of course he's going there because he's worried that IBM's adding of copyrighted ccNUMA support for the [GNU/]Linux kernel will make its way into every handheld Linux device, thereby infringing on their intellectual property. Don't use any Linux handhelds with ccNUMA architectures, it might be a breach of copyright. :o)

  80. Re:linux is for stupid nerds by Anonymous Coward · · Score: 0

    It may be of interest to note that SCO is still a platinum sponsor of LPI

  81. But not ignoring the Sun! by burgburgburg · · Score: 0
    "SCO is a pimp. It never could've outfought Linux. But I didn't know until this day that it was Microsoft all along."

    Slight adjustment of original quote.

  82. Every third line of code... by PickaBooga · · Score: 5, Insightful

    I am getting sick of reading this inane and insane quote:
    "I saw what appeared to be a word-for-word copy of about every third line of code in the central module of the Linux kernel," said Enderle of Giga Information Group
    How the hell do you copy every third line, without copying the other two? It would be like making a knock-off of Harry Potter and the Order of the Phoenix where I copied every third line, and I got the other two lines from the public domain Moby Dick.

    Don't even get me started on the meaningless phrase "central module of the Linux kernel".

    It would be much more believable if he just said the whole damn thing was copied. I guess he thinks it sounds more "technical" than saying 33% was copied, because he can show off that he knows "code" is made up of "lines".

    Why doesn't he just say every third byte was copied from the Evil Master Control Program, and then scoot off on his little Tron light-cycle?

    I am getting sick of hearing that quote from that jackhole of the universe.
    1. Re:Every third line of code... by abscr · · Score: 1

      Why doesn't he just say every third byte was copied from the Evil Master Control Program, and then scoot off on his little Tron light-cycle?

      I don't know who you think you are; the name was Master Control Program (the MCP). Just because you didn't like what the MCP did doesn't mean that you are allowed to make up derogatory names for it. Why don't you go to work for SCO and leave your libel at the door?

  83. Hey Al-Qaeda..... by CaptScarlet22 · · Score: 1

    .....This is the guy who you want to blow up!!!! Not innocent /.'ers.....

    --
    It's left blank because I have nothing to say to you punks!
  84. Mr. Yodaiken anyone? by i_really_dont_care · · Score: 3, Interesting

    "It shows how entrenched Linux has become," said Victor Yodaiken, CEO of FSMLabs Inc. (Socorro, N.M.), a maker of real-time software for Linux.

    Aah... yes. Last time I checked, FSMLabs was trying to undermine the GPL by offering kernel patches which use FSMLabs proprietary patented technology. The situation has become better due to massive intervention of the FSF since then, but is still somewhat uncertain.

    It's scary that this is a time where even the foe of our foe is not necessarily our friend.

    1. Re:Mr. Yodaiken anyone? by cultobill · · Score: 1

      "Last you checked" was a while ago.

      Ask the FSF

      --
      -- Bill "Houdini" Weiss
    2. Re:Mr. Yodaiken anyone? by Error27 · · Score: 1

      That is ancient. These days patent issues surrounding the GPL are much clearer. Even RedHat has patented some of their kernel work.

      I don't agree with software patents, copyright law is sufficient for software and software patents block first amendment rights. On the other hand, you have to apreciate creative use of the law to create more free software.

  85. Standing by Beryllium+Sphere(tm) · · Score: 2, Interesting

    My non-lawyer understanding is that US courts can be really unwelcoming if you're not directly affected. A judge might say "Has SCO sued you? Sent a cease-and-desist? Have they even mentioned you by name? No? Then mind your own business".

    US courts are also Very Expensive. Anyone who jumped in now would be doing IBM's work for them, and paying kerjillions of dollars to do so.

    What IBM gains by waiting is that every time an SCO executive opens his mouth, IBM's lawyers have one more thing to cross-examine him about.

  86. Microsoft Puppet? by Ogerman · · Score: 4, Insightful

    Somebody correct me if I'm wrong, but it seems as though SCO has absolutely no interest in consumer electronics and embedded devices. (And yet Microsoft certainly does.) So why would SCO waste time specifically targeting an upstart organization aiming to promote Linux for consumer electronics? It's not a threat to their marketshare. Seems fishy, albeit unprovable at this stage. Granted, they may only be making as much fuss as possible.

    1. Re:Microsoft Puppet? by Imperator · · Score: 2, Interesting

      This is one of those cases where it's obvious what's going on, but the party that buys the lawyers and the PR firm prevents the truth from being proven in court. (Look at OJ Simpson's first trial for another example of this.) It's obvious to us that MS "bought a license" from SCO as a way to funnel money to a dying company, in exchange for which it would launch a massive FUD campaign against Linux. MS looks clean but the damage is done. SCO execs make some money. The SEC has been squeezed of funds so it won't ever bring the case to trial.

      --

      Gates' Law: Every 18 months, the speed of software halves.
  87. Re:linux is for stupid nerds by Fly · · Score: 1

    Sure, if they can get IBM to pay them, and still get money from the unstoppable Linux force, why wouldn't they?

    --
    end of line
  88. Re:s3cond ps0t by usotsuki · · Score: 1

    Off-topic?

    Folks, you should learn a little basic Japanese here. Nihon-jin = Japanese person.

    -uso.

    --
    Dreams, dreams, don't doubt dreams, dreaming children's dreaming dreams. Sailor Moon SS
  89. Where Darl got his Japanese. by ashitaka · · Score: 4, Informative

    From his bio:

    From 1988 to 1996, he worked at networking leader Novell where he was responsible for growing Novell Japan's growth to more than $100 million in revenue.

    I was in Japan from 1986 to 1996. Novell went absolutely nowhere during that time. Microsoft took over the networking market. I ended up dealing only with Novell U.S. as Novell Japan was absolutely hopeless to work with. Now that I think about it, I seem to recall meeting Darl at a gaijin get-together. Just another expat executive lording over the locals.

    If he knows more Japanese than "o-kane dase" I'll be amazed.

    --
    If you don't want to repeat the past, stop living in it.
    1. Re:Where Darl got his Japanese. by the+eric+conspiracy · · Score: 1

      $100 million per year in revenue from a country the size and technological sophistication of Japan is pathetically weak.

  90. Next Big Event by b29651 · · Score: 1

    is supposed to be a press conference Wednesday where SCO is going to tell the Linux companies about the licensing structure they are going to set up.My image of this case is that they are going to try to show that linux is not controlled enough and needs to have a guardian appointed to make it comply with IP,copyrights and etal.Who better than the one that owns all the copyrights to unixware?This case could take some really interesting twists before being done.I am not saying that their is sco code in linux but that they want to raise the issue that their could be. The article on mozilla.org really lets you see where the argument is going

  91. Those threatening violence by Anonymous Coward · · Score: 0

    I think the more vocal zealots... or anyone who would actually undertake violence against SCO shareholders should do the responsible and less jail-worthy thing... sign the NDA and break it in a very public place.... that would finally be some news.... otherwise it seems like this will drag on forever and nothing will happen except FUD.

  92. Liar. by Anonymous Coward · · Score: 0

    you are so full of crap

  93. We already know what it is by autopr0n · · Score: 3, Informative

    Supposedly its the RCU (Read, Copy, Update) code that speeds up threading on super-highend systems. It came from Sequent which was later purchaced by IBM. The AT&T contract signed by sequent didn't have the add-on that IBM had, which said that IBM 'owned' all the software they developed. In other words, all the UNIX stuff developed by sequent before it was purchaced by IBM SCO has a rights on.

    The problem is what Sequent did was come up with the system and patent it, publishing the system in a patent, which applied to any multithreaded OS. In other words, they developed something and stuck it into their unix system, not the other way around.

    Anyway, this is only one part of the story...

    --
    autopr0n is like, down and stuff.
    1. Re:We already know what it is by Anonymous Coward · · Score: 0

      In that case, why is Sequent code and a Sequent copyright notice in the Linux kernel? I thought the RCU algorithm was documented well enough that work-alike code would have been written especially for the kernel.

      My head hurts.

    2. Re:We already know what it is by rking · · Score: 1

      In that case, why is Sequent code and a Sequent copyright notice in the Linux kernel?

      I gather that the code was provided by Sequent to Linux,or possibly by IBM (who own Sequent) to Linux. Hence you would expect it to have Sequent's or IBM's copyright notice. Just piecing together what I've read though.

    3. Re:We already know what it is by Ian+Lance+Taylor · · Score: 3, Informative

      No, SCO is alleging that RCU, as well as other code, was contributed by IBM to Linux in violation of IBM's Unix licensing agreement. SCO does not claim that that code was copied from Unix to Linux, because that code was never in Unix; it was only in IBM's version, AIX.

      There is different code which SCO alleges was copied directly from Unix to Linux.

    4. Re:We already know what it is by hunterskye · · Score: 1

      Is there really RCU code in the Linux kernel that has a sequent copyright notice, or is it code with the same author as the one who wrote the code for Sequent? Even so, RCU is not a derivative work of System V. It was developed independently and folded into Dynix. According to Bill Claybrook, Dynix is BSD based "with System V wrappers", whatever that means. The RCU code was not folded back into System V code. SCO does not have it (although they really would like to have it).

  94. Devil's Advocate by MidKnight · · Score: 1

    why don't they find out the offending chunks...

    Well, because that wouldn't stop the suit. SCO's motivation for doing all this is something we can all speculate on (attempt to get someone else to buy them? realization that their UNIX copyright is the only valuable thing they have? etc etc). But the fact is that if IBM did copy-and-paste code into Linux, the proverbial penguin shit is going to hit Big Blue in the face.

    Removing the code now wouldn't solve this problem. To view the issue from SCO's perspective, for several years IBM (and others) have been using their intellectual property to make billions of dollars, and they're not getting one red cent. This suit is to recover those lost profits, and make sure they get a chunk of the pie in the future as well.

    Like most people, I sincerely doubt this ploy will work. IBM just has too much clout -- they'll fight it as long as possible & put tons of political pressure on SCO. But it is interesting to look at the issue from SCO's side instead of falling into the knee-jerk "oh bullshit" mindset.

    --Mid

    1. Re:Devil's Advocate by Penguinshit · · Score: 1

      I would never hit Big Blue in the face.

      I might step on a toe (I'm not the most graceful dancer, I'm afraid) but would graciously apologize afterward and offer to fetch a cup of fruit punch.

      We penguins are a generally polite crowd (misrepresentation in various "Batman" franchise products and Microsoft FUD notwithstanding).

    2. Re:Devil's Advocate by AlbanySux · · Score: 1

      IBM is screwed no matter what if they did a copy and paste job. But, there are the 1500 linux using corps that got a letter from SCO and if all the chunks owned by SCO are gone the rest of the Linux using world would be safe[r]. It could restore some of the lost faith in OSS if IBM could admit the screwed the pooch on this one but now everything is ok so go download and run linux without fear of Mr. McBride knocking on your door.

    3. Re:Devil's Advocate by Anonymous Coward · · Score: 0

      You're completely discounting the possibility that SCO copied Linux code into Unix rather than vice-versa.

  95. I think everybody that feels like I do.... by Sevn · · Score: 1

    Should voice their opinion by using the feedback
    link for EE Times to express their displeasure with
    the obviously biased garbage that Charles J. Murray
    was nice enough to throw together haphazardly.

    The mail feedback link is here:

    EE Times Feedback

    For those that don't use email with their browser:

    The email address is: rkeane@cmp.com
    The subject inserted by the webform is:
    EE Times Feedback

    I've already sent mine.

    --
    For every annoying gentoo user, are three even more annoying anti-gentoo crybabies. Take Yosh from #Gimp for example.
  96. When will there be legal action taken? by gumpish · · Score: 1
    Here's the deal though -- since SCO is bringing the case against IBM they will have to disclose ALL relevant information on the case to IBM.
    So SCO HAS filed a legal complaint?

    If so, then surely (I hope) the justice system has set a date for some future action (hearing, trial, depositions, etc.)

    Does no one know the next date that this case will be addressed by the justice system?

    Or does SCO have yet to file a claim, and they will continue to spread FUD freely with no end in sight?
  97. Terrible by Anonymous Coward · · Score: 1, Insightful
    That has to be the worst article I've read about the SCO vs. IBM dealings.

    "Darl McBride, whose company recently launched a legal attack on Linux for alleged contract infringements"

    No... the legal attack was against IBM (which was mentioned later) but that is a horrid opening to an even worse article.

  98. Its Still garbage by Crashmarik · · Score: 1

    Darl Gets a paid vacation to japan. When he gets there he will attempt to explain to the japanese how its wrong to take others inventions and make them your own. Then he will come back to the U.S.

    The net result, U.S. japan relations get strained over us exporting garbage to them. SCO's Stock manages to levitate a little longer

  99. Re:Lame Duck by Alien+Being · · Score: 1

    I don't know what kind of sauce it is, but there's a plastic replica of the dish in the window.

  100. Re:NDA? - SCO is stupid by Stephen+Samuel · · Score: 1
    If SCO KNEW that they had a winning case, the leach lawyers wouldn't be telling McBride to go to Japan, they would be telling McBride to 'sit back and watch everyone switch to Linux cuz you can then sue their asses off too!'

    No. I doubt it. Any good CEO knows that waiting to win a lawsuit is like betting on the slow boat to China. Lawsuits are notoriously slow and long winded... Consider the Microsoft/DOJ case. That took a couple of years, to run it's course, with an expidited schedule and settled out of court.

    The longest lawsuits are said to have outlived entire generations. -- then, of course, there's the possibility that you could lose on a technicality.

    The best way to use a lawsuit is the way that most robbers use guns -- you never actually want to fire it... Just point it in the proper direction and hope that people do what you want them to.

    If McBride and his band of would-be robber barons could get a $5000/year license fee from each of the 1500 people he sent those vague 'warning letters' to, that would be about $7M/year in pretty much free income. Many of those companies could probably be convinced to spend 10 times that just to avoid having to pay their lawyers to deal with SCO's continual harrasement. It wouldn't even matter if they really thought he could win.

    If McBride can convince one or two of the CE consortium to pay up 'insurance money' on the Linux IP money, that could get him some momentum in pushing other fortune 1000 companies to do the same thing.

    I really think he's loooking for a "first chump" on this issue. The bigger the chump the more likely that other companies will follow the FUD trail.

    --
    Free Software: Like love, it grows best when given away.
  101. IBM and the ant by kalel666 · · Score: 2, Funny

    This whole saga reminds me of an old joke, which I'll update to make more relevant.

    One day there was an elephant named IBM walking through the jungle, when he accidentally got a thorn stuck in his foot. He hissed in pain, and pondered his predicament, when an ant named SCO overheard him.

    After being told the problem, SCO the ant said, I'll help you out by removing the thorn on one condition; If I do it, you have to let me fuck you in the ass.

    IBM the Elephant looked around, thinking this was a joke, but eventually said, 'Sure, why not?', figuring how bad could an assfuck be from an ant. So SCO the ant walks over, pulls out the thorn, and says, alright, Pay Up!, and starts climbing IBM's leg.

    Once he's in position, SCO starts pumping like mad, fucking the elephant in the ass. Meanwhile, IBM is checking his watch, wondering when SCO will get started.

    While this is going on, a couple of monkeys, named Slashdot and Linux, are in the trees watching this whole thing in amusement. When SCO starts fucking IBM in the ass, they start howling, laughing their asses off. They laugh so hard, they knock a coconut loose, which falls and hits IBM in the head.

    Oww! screams IBM, 'That hurt!'
    Hearing this, SCO looks up and screams 'TAKE IT ALL BITCH!'

    --
    I HAVE CUBIC WISDOM THAT TRANSCENDS AND CONTRADICTS ONE DAY GODS
  102. Re:SCO just filed amendments to bylaws to indemnif by Anonymous Coward · · Score: 0

    Couldn't care less. The phrase is COULDN'T care less.

    It doesn't mean anything if you COULD care less.

  103. link by Anonymous Coward · · Score: 2, Informative

    Read it here. Shave off the filename to get a list of all documents in this filing.

    [jole]

  104. Looks like this guy got some unfair moderations by kasperd · · Score: 1

    This comment got moderations like Off Topic and Overrated. I gave him a +1 Funny. Because it was funny, at least as long it was just speculation. I see now that maybe he really deserved a +1 psychic. (Or at least Insightful which is probably the closest we can find on slashdot).

    --

    Do you care about the security of your wireless mouse?
  105. Message of Darl McBride to the Japanese People by xelph · · Score: 1

    All Your Code Bases Are Belong To Us!

  106. Can someone do me a favor? by DeVilla · · Score: 1

    Can some one post the source code for a recent SCO released Linux kernel available on the net. Specifically I'm looking for someone who gotten permission from SCO to use Linux since they bought it from them.

    Stop me if you know where I'm going with this. I'm not a laywer but here goes. SCO said their customers where covered on the IP issues. These customers obtained the kernel from SCO under GPL and should be able to obtain the source too. (Otherwise SCO is in violation of the GPL and is liable to everyone who's ever contributed to the kernel.)

    Now these customers should be able to distribute the same kernel under the same licensing condition that they got it, the GPL. (Otherwise, and SCO is in violation.)

    Now suppose one of these customers make this kernel available to some like, oh say, Linus. Then perhaps Linus (for show) creates a patch that applies his more recent changes to the kernel provided by the SCO customer, thus making the latest Linux a legal derivative of the Legal source provided but the SCO customer.

    Now repeat this for any other version of the kernel you want to make legal.

    OK, now this doesn't cover the latest changes to the 2.5 series that SCO thinks they own, but it would at least sterilize anything that SCO has sold. Any obvious loophole I'm missing?

    Edd

  107. Most likely... by whoever57 · · Score: 1

    The Japanese culture puts politeness above honesty. Dale understands this and will use it to his advantage:
    1. Dale asks Japanese compnies not to use Linux
    2. Japanese make polite noises but do not throw him out
    3. Dale returns and declares the trip a success
    4. Japanese companies ignore Dale and continue Linux projects.
    5. Lazy reporters don't notice that Japanese companies continue to promote Linux and continue to report Dale's "success"

    --
    The real "Libtards" are the Libertarians!
    1. Re:Most likely... by macshit · · Score: 1

      The problem is that Japanese companies are also very risk-averse, and Daryl's blathering is going to give ammunition to those who view linux as `too risky' or `too weird.'

      I work at a large japanese chip-maker, and am actively involved in trying to get linux accepted (in my own pathetic way of course :-), and often when I explain what I'm doing it's clear that the listener is uncomfortable with the whole thing, and would jump at an excuse to bury their head in the sand. Though the company's bottom line is hardware sales (which linux availablity helps), they've traditionally made a few extra pennies here and there selling (usually pretty crappy) software too, and as there's a strong pressure for each division to justify its existance in hard-cash terms, they're loathe to give up even those pennies -- even if doing so might be better for the company overall.

      People like that are not stupid, just very used to an old business model and wary of change. Daryl is aiming his FUD at them.

      --
      We live, as we dream -- alone....
    2. Re:Most likely... by whoever57 · · Score: 1

      I work at a large japanese chip-maker,

      Then you might remember how much success Joe Costello had in trying to persuade Japanese compnies to stop using Avanti's software when Cadence was alleging that Avanti's software used stolen code. In that case the evidence was much stronger, yet the only thing Joe achieved by trying to have Japanese companies stop using Avanti was to lose his job!

      --
      The real "Libtards" are the Libertarians!
    3. Re:Most likely... by Anonymous Coward · · Score: 1, Insightful

      The problem is that Japanese companies are also very risk-averse, and Daryl's blathering is going to give ammunition to those who view linux as `too risky' or `too weird.'

      It's extremely unlikely that these major companies made their announcement without having found out about the SCO claims. If they didn't ask to talk to Darth first then he's going to have a hard time convincing them now.

    4. Re:Most likely... by macshit · · Score: 1

      Er, no actually I wasn't aware of that.

      You're right that it illustrates how it's hard to get a big conservative company to change direction, once a decision has been taken.

      I suspect that from a certain point of view, though, using stolen software is more acceptable than using free software -- it fits the old business model better, and no doubt they have more prior experience with it!

      [All hypothetically speaking, of course...]

      --
      We live, as we dream -- alone....
  108. Rob Enderle is a friggin MORON by Grimlock88 · · Score: 1

    and theyre MORONS for quoting him. hmm, who is this guy? his bio is here http://www.gigaweb.com/analysts/0,2206,strComp%253 Dcoverage%2526intContentID%253D238457,00.html he has a marketing degree and an MBA. his job is to tell people what the newest and coolest PDA to buy is. what a tool! why would anyone decide to quote this asshat!

    1. Re:Rob Enderle is a friggin MORON by Fly · · Score: 1

      They quote him because he claims to have "seen the evidence," but he can't tell what it is besides making comments that make little sense.

      --
      end of line
    2. Re:Rob Enderle is a friggin MORON by Penguinshit · · Score: 1

      I believe the only evidence he has seen was a few zeros to the left of the decimal on a check drawn on a SCO bank account.

    3. Re:Rob Enderle is a friggin MORON by Grishnakh · · Score: 1

      why would anyone decide to quote this asshat!

      "Asshats of a feather flock together..."

      Because the people writing all these stupid articles for these trade magazines are also clueless morons with marketing degrees.

      EETimes is one of the worst publications, too. Try reading it some time. It's basically a big advertisement for various companies' latest crap, with little to no useful content.

  109. And it is no secret he doesn't like linux by eddy · · Score: 3, Interesting

    At least, he works for clients who want him to say that linux sucks, which can be seen here for instance (thanks to Anon on osnews for that link)

    "Linux and other open source projects require too much customization, and doubts about the legitimacy of open source code could get users tangled up in lawsuits. Besides, many Linux supporters are a bunch of potty-mouthed malcontents. Enterprises are better off staying away from Linux and open source -- or at least thinking through the possible liabilities, argues guest columnist Rob Enderle."

    --
    Belief is the currency of delusion.
    1. Re:And it is no secret he doesn't like linux by MacOS_Rules · · Score: 3, Funny

      potty-mouthed malcontents?!?

      FUCK HIM!!! fuck him and his lousy, closed-source thesaurus! =)

      --
      If a man's character is to be abused there's nobody like a relative to do the business. -Thackeray, William
  110. What about the NDA? by bearclaw · · Score: 2, Interesting
    "I saw what appeared to be a word-for-word copy of about every third line of code in the central module of the Linux kernel," said Enderle of Giga Information Group, who viewed the alleged code violations two weeks ago. "The lines of code contained typos, misspellings and even copyright disclaimers. It appeared to constitute a violation of the license."

    How is it this person can say this without violating the NDA? Does SCO have to enforce all violations of the NDA, or just selective ones? I guess SCO could allow this person to view it without an NDA, provided they say this.

    Thoughts?

    --
    -- bearclaw
    1. Re:What about the NDA? by Ian+Lance+Taylor · · Score: 1

      The NDA explicitly permits the person who views the code to provide a ``general, brief summary.'' The NDA can be seen in a Linux Journal article.

  111. Get a SCO Sucks Button with free shipping by Anonymous Coward · · Score: 0

    Free Shipping on a SCO Sucks Button Help promote the word!

  112. It might be me... by Anonymous Coward · · Score: 0

    ...but I do not find a match for Unix AND SCO here (http://www.uspto.gov/patft/index.html)

  113. Did anyone look at what Rob Enderle does? by dboeke · · Score: 1

    The supposed industry analyst quoted in the article is a MSFT pawn. Quote from the Giga Site: "His current client activities include helping companies work with Microsoft." Take a look at his Resume it would be hard to find someone that dosen't work for Microsoft that would have a bigger stake in making silly claims about SCOs credibility.

    Has anyone figured out what good copying every 3rd line of code could possibly be?

    Maybe this what he saw is:

    #include <stdio.h>

    int main(int argc, char *argv[])
    {

    if (argc == 0) {
    printf("Welcome to the central module \n");
    return 1;
    } else {
    startCoronelSanders(argv);
    return 0;
    }

    }

  114. Political Might. by torpor · · Score: 1

    (and SCO does not have the political might that AT&T had in the AT&T/Berkeley case).

    To get the case sealed, all SCO would have to do is provide evidence that the code in use might in some way endanger one of their clients - lets just say that the DoD is on their client list - and invoke the Homeland Security Secrecy Act (or whatever it is called) to get the courts to seal the details ...

    --
    ; -- the corruption of government starts with its secrets. a truly free people keep no secrets. --
  115. Re:SCO just filed amendments to bylaws to indemnif by Farmer+Jimbo · · Score: 3, Informative

    You are talking about the SEC form 8-A12G/A from SEC's SCO page, correct?

    It's all governed by General Corporation Law, in this case indemnification is limited by section (e)

    All they're really saying is, if we didn't have seperate D&O policies for the directors and officers before, we do now. And some other stuff to try to prevent a hostile stock take over.

  116. This Story Screams out "Zero-Wing Reference!" by Anonymous Coward · · Score: 0

    You can just hear McBride, who is "fluent" in Japanese, say the Japanese equivalent of "all your code are belong to us" to them.

  117. Man, that's original... by bazmonkey · · Score: 1

    It's not like we've heard this joke at least 30 times already.

  118. Stupid by Anonymous Coward · · Score: 1, Insightful

    McBride says he is going to Japan to warn them of dangers they are not aware of. But everyone of these companies has thousands of lawyers. They know all about SCO's claims and they decided to go ahead anyway. So he won't be telling them anything they don't know about already

    I think the trip to Japan is just another publicity stunt.

  119. Re:linux is for stupid nerds by Anonymous Coward · · Score: 0

    yeah, whatever. The penguin doesn't want you .. asshat.

  120. Green with envy by Anonymous Coward · · Score: 1, Interesting

    In the beginning when SCO first made its allegations , I was frightened beyond belief that this could be true, but as this whole matter got carried on and the lack of respect and unprofessianlism that SCO shows as a company has made me deteste and put less faith in the company. I am not saying that it may have a case or not but who wants to deal with a company who chooses this method as a means of fighting back to regain its so called lost IP rights so much so that it has to flood the airwaves with pleads and cries. And yes , I do say it is pleading cause it seems more like a company who just got a wound and rather than getting antibiotic and a bandaid it wants to rub the wound even more. Rather than directing the Opensource communtity to correct their problems and so both OSs can exist harmoniously it now wants to go after open source markets :). This is not the sort of company I want to invest in if the only way it can make money is in bullying and extorting its own customers and customers of other companies. SCO's OS can never gain as much popularity as the linux OS cause it is this IP protocol that has limited its growth and direction because only the IP holders can dictate its direction. Linux has no one IP holder and each one of the many talented programmers who code for it and also for the various GNU produts that support it continue to expand its boundaries something that SCO can not stop with threats because simply linux is doing what sco can't which is "INNOVATE". Something that SCO doesn't seem to be able to do.... So SCO can sitback and grow green with envy as Linux develops and innovates into new untapped areas cause SCO can never innovate better than linux, have as large a following of developers and fans as linux, be as flexible as linux and allow its users to expand its ability and growth as linux, but most importantly SCO can never own or be linux. Linux exists in the hearts and minds of those who use and develop the OS and as long as those remain creative free and open linux will continue to innovate and grow and there is nothing SCO , Microsoft or any anti linux or anti GNU supporter can do about it.

  121. Aren't they suffering in Japan enough already? by Anonymous Coward · · Score: 0

    I mean just look at this:


    Japan's Web Chats, Death Pacts

    How the hell will they stand listening to this guy's crap?

  122. Re:SCO just filed amendments to bylaws to indemnif by Anonymous Coward · · Score: 0

    Won't matter. Even allowing for the current law suit to take a couple of years, and then a couple more to annihilate SCO with lible claims, there should still be plenty of time left to sue Darl into bankruptcy with no SCO left to help him.

  123. Please stop this FUD by steelneck · · Score: 1

    Linux is completley open, SCO could have pointed out the code they don't like, but they havent done that. That says it all. Please Slashdot, don't do their dirtywork, stop spreading their FUD.

  124. what about... by Goozbach · · Score: 1

    Braves/Yankees?

    --

    I used to but then I quit.

  125. So.... by Anonymous Coward · · Score: 0

    ...Anyone know of any active clans of ninja in modern-day Japan?

    Who needs a marketing department when you have office ninja?

  126. The Obvious Joke by Kaz+Riprock · · Score: 1

    SCO Taking Linux Discussion To Japan

    Someone should let them know that it doesn't matter what language you translate it into...their argument still doesn't make any sense.

    --
    Mordor...a magical, mythical land where women are more rare than dragons--but where every man would rather find a dragon
  127. The SCO vs. Linux/OSS FAQ by heironymouscoward · · Score: 1

    Question: SCO has declared itself a victim of breach of contract by IBM, specifically WRT AIX. Why, then, is it attacking Linux so specifically and directly?
    Answer: the goal of this exercise is to attack Linux, nothing else.
    Question: why is IBM saying nothing?
    Answer: they believe SCO might win, and are willing to sacrifice Linux if necessary.
    Question: why is Microsoft saying nothing?
    Answer: everyone knows they hate Linux, so no-one believes their propaganda any longer. They need a fresh mouthpiece. SCO is that mouthpiece.
    Question: why is Microsoft so intent on harming Linux?
    Answer: the goals of Linux and all OSS are nothing less than the total anhilation of Microsoft. War is not a nice thing. This is not a metaphor: we are talking about the lives of people you know.
    Question: if it is war, how do we win?
    Answer: this is a good question, and timely. You win wars by avoiding the battles you cannot win and by winning those you can.
    Question: what is the ultimate goal of Microsoft?
    Answer: the closure of the "development gap", in which the right to create code still lies in the hands of the individual. Ultimately, this power must be restricted to licensed programmers only. Nothing less than that makes sense. If your think this is exageration, look at other professions, then think about the public's perception of hackers, Linux kernel hackers, and virus writers. Still feel safe?

    --
    Ceci n'est pas une signature
  128. I do not understand this???? by LWATCDR · · Score: 2, Interesting

    Didn't SCO say that the "stolen" code was Enterpise stuff that Only could come from SCO. Didn't they also claim that this code was Intel based? What the heck is this all about then. Embedded systems are not Enterpise systems. A lot of Embedded systems do not use Intel CPUS. Why do I get a feeling that Sony was laughing there butts off at this guy. Well we can hope.

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  129. According to SCO by commodoresloat · · Score: 1

    Everyone is using SCO UNIX!

  130. Paranoia by Anonymous Coward · · Score: 0

    I know this sounds really, really paranoid - but has anyone ever considered the possibility that large corporate interests who have reasons to want Linux, and other open source or free software projects to fail - might deliberately have their employees or "agents" plant copyrighted code in open source projects..? And then come back years later with lawyers ready to grab anyone who's done anything interesting or successful with said code..? Sounds a little far fetched but so do many of the other things people will do in the name of the $.

  131. Redundant? by commodoresloat · · Score: 1
    their new POS they are phasing in....running Windows XP.

    POS means "Piece of Shit," right?

    1. Re:Redundant? by shadowbearer · · Score: 1

      "Point of Sale" :-) but yeah....

      I first worked with cash registers and POS systems more than a quarter century ago; I can't say that I think SCO systems have anything special.....

      Unless one likes having to reboot/relink frequently :-)

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
  132. From the Enderele article by commodoresloat · · Score: 1
    This is scary:
    The market may soon be defined by the ability to litigate rather than the ability to develop, and products like Linux, which have a weak defense, may simply not survive this market phase.

    It's pretty clear from the tone of the article that he's not interested in who's right in the intellectual property debate; rather, he's trying to persuade businesses to steer clear of open source in order to somehow avoid IP litigation entirely. This quote makes clear that his whole position boils down to, whoever has the most lawyers wins. I suppose that's true in the abstract, but it seems here that it is SCO that is inevitably going to be the ones buried by litigation after IBM is through with them.
  133. What I don't understand by nihilogos · · Score: 1

    Apparently all of the alleged "infringements" relate to SMP code contributed to the kernel by IBM. Since most of the CELF stuff is aimed at embedded devices, is any of this code even necessary?

    --
    :wq
  134. POS, text DBs by xixax · · Score: 1

    It seems to pop up a lot in stuff like POS applications (there's a couple of franchises here in .au that us it for their inventory) and I know someone else who uses it a lot because it's used a lot in text DBs (again, mostly inventory systems).

    Needless to say, after some years of "if it ain't broke..." said person is actively trying to get off SCO on account of their willingness to sue customers.

    Xix.

    --
    "Everything is adjustable, provided you have the right tools"
  135. YOU FAIL IT! by Anonymous Coward · · Score: 0

    God damn, you're stupid.

  136. Copyright disclaimers!? by iabervon · · Score: 1

    So there's actually code owned by SCO, stolen, and placed in the Linux kernel with SCO copyright disclaimers? Or is SCO claiming that they own somebody else's copyright disclaimers?

  137. Oh jeez by commodoresloat · · Score: 1
    I just read further after posting that; I suppose the following is scarier:
    Clearly any "alternative" platform that has backers who can't control their language, or worse, use methods which now are classified by several governments as terrorist acts, should be on the list of things you would like your competitors to use but would avoid yourself like the plague.
    This after a couple paragraphs about how linux advocates behave like fanatics and do embarrassing things in public (like he hasn't seen the monkeydance video). Moving from a whine about unprofessional behavior to charges of terrorism -- without ever even trying to substantiate a bit of it -- is the worst kind of demagoguery.
    1. Re:Oh jeez by Tokerat · · Score: 1


      Honestly, anyone so remakably stupid as to not see the blatant libel strewn about in such journalism deserves what they get for believing it.

      Personally, after reading such quotes, I'm glad the man has met with what he describes as "foul-mouthed terrorist Linux hackers", and I hope he is surrounded by such umpleasantness until the end of his days. :-D

      What exactly does the Linux community do that is considered "terrorism", anyways?

      --
      CAn'T CompreHend SARcaSm?
    2. Re:Oh jeez by RevSmiley · · Score: 1

      This is simply the current journalism standard of the world.
      It also is fast becoming the political standard of at least one faction in the US.

      It really is too sad.

      --
      As you can see I don't care about my karma.
    3. Re:Oh jeez by commodoresloat · · Score: 1
      What exactly does the Linux community do that is considered "terrorism", anyways?

      Well, we can't hold the entire linux community responsible for the crimes of a few, but it is a known fact that some clever linux hackers have made it possible to actually run Windows programs under linux.

    4. Re:Oh jeez by Tokerat · · Score: 1


      Those cutthroat bastards.

      --
      CAn'T CompreHend SARcaSm?
  138. makes sense in Japanese? by Anonymous Coward · · Score: 0

    Who knows, maybe his argument makes sense in Japanese. God knows English isn't working for them!

  139. Re:SCO just filed amendments to bylaws to indemnif by Anonymous Coward · · Score: 0

    Languages serve the needs of their speakers and not vice versa.

    "I could care less" clearly carries the unvoiced addendum "..but it would be difficult."

    You did understand what he meant--or you couldn't have offered your helpful correction--so his communication was successful.

  140. SCO by Anonymous Coward · · Score: 0

    SCO = Second-hand Copyright Organization?

  141. meh! by danro · · Score: 2, Funny

    Yeah, I use SCO as my server platform, and WinXP for my desktop. I'm a /. rebel, baby!

    If you were a true rebel, you'd be using WinXP as a server and UnixWare (or some other SCO-crap) as a desktop.
    Imagine the pain.

    --

    "First lesson," Jon said. "Stick them with the pointy end."
  142. Patents my ass... by eniu!uine · · Score: 2, Insightful

    Well, not literally.. SCO doesn't have a patent on my ass. Quote from article.

    McBride, who is fluent in Japanese, will visit with several founding members to show them code samples in which the Linux open-source operating system allegedly violates SCO's Unix patents, said an SCO spokesman.

    According to the patent search I just did, there are only three patents, one by Caldera and two by Santa Cruz Operation. While they have patented some useful things, like using a network, you would not have to view code when you're trying to see if something violates a patent. Patents are about what things do, not specifically how they are built. If you had a patent on 'a method of printing "Hello World!", I could copy almost all of your code, but change mine to printf("SCO sucks"); and it would not be patent infringement. This would be a case of copyright infringement, so the question is 'why aren't they suing for copyright infringement'... if someone was infringing on my copyrights that's probably what I would sue them for. Unless, that is, I had no case whatsoever. What they are suing for is contract violation.... there is no way anyone can say jack shit about that unless they have read the contracts. What I will say though is that it is clear SCO is claiming rights to technologies: NUMA, SMP, etc. based on the fact that they were incorporated into an operating system that was derivative of Unix. This is what they do in the press.... this completely irresponsible slander.. but what they will say in court remains to be seen.

  143. OT: Confused by fireman+sam · · Score: 2, Funny

    I was wondering, what part of OpenServer is actually open?

    Is is the code they "borrowed" from Linus?

    --
    it is only after a long journey that you know the strength of the horse.
  144. I finally understand the strategy! by That_Dan_Guy · · Score: 1

    In all seriousness SCO must be thinking that as long as they can stay in the news people will equate UNIX=SCO. So when the guys who make the money decisions and don't have a clue about technical things are told they need to buy UNIX they'll order the purchase of SCO Unix!

    So there IS a method to this madness! Just stay in the News as LOUD and as LONG as possible and that way when the legal nonesense portion of the case is over they've gotten so much free and loud advertising that they might actually (gasp!) make a sale! Finally! It all makes sense! And if along the way they win some money somewhere, all the better (for SCO I mean).

  145. Re:linux is for stupid nerds by Anonymous Coward · · Score: 0

    Pull Bill Gate's cock out of your mouth you fucking homoslut. Maybe then you'll actually start thinking like a normal human being for a change.

  146. did we say patents? by pyrrho · · Score: 1

    ... sorry, "pants"... the company owns some Unix Pants, that's all.

    sorry for the confusion.

    --

    -pyrrho

  147. Goliath running at a swarm of Davids by Baloo+Ursidae · · Score: 1

    OK, if Microsoft is Goliath, and considering the timing of CELF practically in response to both Microsoft and SCO simultaneously, wouldn't trying to lie to Toshiba and Sony to be sort of running at a swarm of Davids?

    --
    Help us build a better map!
  148. Let Him Keep Doing This Crap by Master+of+Transhuman · · Score: 2, Interesting

    It'll all be evidence against him in his "unfair restraint of trade" lawsuit that someone will no doubt bring against SCO when they lose the IBM suit...

    I predict that SCO will not be bought out and will not make big bucks suing people. I predict that THEY will be sued and brought to bankruptcy by the lawsuits within the next couple of years.

    --
    Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  149. Does Anyone know if Darl actually SPOKE to CELF? by fanatic · · Score: 1

    I bet not, or maybe just long enough to get himself thoroughly ignored if not derided.

    The fact that he's going after CELF made their decsion shows how little weight SCO's suit carries in the real world. They couldn't even be bothered to talk to SCO beforehand.

    --
    "that's not encryption - it's a new perl script that I'm working on..." - from some Matrix parody
  150. Question by AvengerXP · · Score: 1

    Isnt SCO formerely Caldera? The ones who developed DR DOS, a good at the time alternative to MS/PC-DOS? Ironic that it's now trying to kill the competition.

    --
    Trolls dont like to be Flamebait, because they burn so well. Protect our Troll heritage!
    1. Re:Question by hobsonchoice · · Score: 1

      According to http://www.slweekly.com/editorial/2003/city_2003-0 7-03.cfm [slweekly.com], Caldera bought DR-DOS $400K, but got from law suit $155,000,000.

  151. Re:s3cond ps0t by fireman+sam · · Score: 1

    As can be wittnessed in the classic "Cannibal the Musical" in which Alferd and friends stumble across a Ute Indian camp. The tribe was called the Nihon-jin. The Indians were all played by Japanese people from The uni and others.

    Get the DVD, some friends, a bottle of Scotch and watch it with the directors commentary. very funny

    --
    it is only after a long journey that you know the strength of the horse.
  152. OT: GPL and GNU (Just a rant) -5 Flamebait by fireman+sam · · Score: 1

    I've just finished reading through the GPL and no where does it state that by using software covered by the GPL you will explicitly give credit to the GNU foundation by prepending GNU/ to the name of your product.

    --
    it is only after a long journey that you know the strength of the horse.
  153. Amount of damage? And what about those patents? by hobsonchoice · · Score: 4, Interesting

    Two things

    1. According to http://www.slweekly.com/editorial/2003/city_2003-0 7-03.cfm, Caldera bought DR-DOS $400K, but got from law suit $155,000,000.

    As far as I know (I guess somebody could check) they didn't purchase the UNIX source, or value it in their SEC reports, for anything like $1bn, or $3bn, let alone $50bn... so how can they claim billions of damages, if they bought it for a few millions, and valued it of the same order?


    2. I keep seeing patents in lots of news articles about the case. My understanding is the case is about alleged contractual violations, alleged trade secret issues and alleged unfair competition etc.,

    http://www.internetwk.com/breakingNews/showArticle .jhtml?articleID=10818216
    "McBride, who is fluent in Japanese, will visit with several founding members to show them code samples in which the Linux open-source operating system allegedly violates SCO's Unix patents, said an SCO spokesman"


    http://www.wired.com/news/business/0,1367,59551,00 .html also has a SCO spokesman refering to patents

    So the obvious questions are:
    - Is the press getting it wrong?
    - If the press is indeed getting it wrong, why are they (and not just one news source) getting it wrong?

  154. It's not just eetimes that talks patents by hobsonchoice · · Score: 1

    http://www.internetwk.com/breakingNews/showArticle .jhtml?articleID=10818216
    "McBride, who is fluent in Japanese, will visit with several founding members to show them code samples in which the Linux open-source operating system allegedly violates SCO's Unix patents, said an SCO spokesman"

    http://www.wired.com/news/business/0,1367,59551,00 .html also has a SCO spokesman refering to patents

  155. MS-DOS and Calderara by Anonymous Coward · · Score: 2, Interesting

    Just want to straighten everyone out on the Caldera suit against MS several years ago. A lot of people here seem to regard that suit as part of the same pattern SCO is persuing in the current fiasco.

    In fact, Caldera's suit agains MS was far more similiar to Netscape's. MS screwed DR-DOS in the market-place with FUD, and technically by coding Windows 3.1 to break under it. Given MS-DOS's origins, it's likely that it had lots of copied code from it.

    Furthermore, Darl & Co. weren't involved in the DR-DOS suit. Ray Noorda basically took it from Novell (or off their hands) when he left to run Caldera.

    A lot of people approved of Caldera's actions at the time, because they clearly had a strong case and it was also clear that MS had strong-armed DR-DOS in the same way that eventually got them pulled into anti-trust court and declared a monopoly.

    In other words, the DR-DOS case was a very different situation with a largely different set of characters involved. Microsoft deserved what it got there.

    Linux, however, clearly doesn't deserve this shit.

  156. Re:RMS is that you? by Billly+Gates · · Score: 1
    You should really put gnu.org in your internet address if you keep planning to post here.

  157. CELF== uniprocessor systems by EmbeddedJanitor · · Score: 1

    CELF is all uni-processor. All SCOs claims are for SMP etc. I wonder how they will try to make this stick

    --
    Engineering is the art of compromise.
  158. Re:Not gnu/linux, its Linux by Billly+Gates · · Score: 2, Informative

    RIght.

    Also Linus himself calls distributions Linux. Its his OS right? Yes it just the kernel bla bla but last time I checked only debian called itself Gnu/Linux.

    1.)People call it Linux so its Linux.
    2.)Only Debian can offer a truly "gnu" system so its the only distro that calls itself gnu/linux.

    According to the gpl you can not have any proprietary or other freeware that is not gnu in your product and release it under the GPL. Also the license does not require a product to call itself gnu/x if its released under the gpl or does it require the author to assiocate his or her product as part of "gnu". However you can not call something "gnu" if its not released properly under the GPL.

    This is why redhat Linux is linux while Debian is Debian gnu/linux.

  159. Smart Move For McBride by Anonymous Coward · · Score: 4, Insightful

    This move just proves beyond a shadow of a doubt that this whole SCO escapade is publicity stunt designed to hurt Linux.

    The only way to get fluent in Japanese is to live in Japan. If the article is true and McBride is fluent, then we can assume he has spent some time in Japan and knows something about business in Japan. This means he knows, that no matter what he tries in Japan, he will get absolutely nothing accomplished as far as suing the major Japanese players is concerned.

    What he will get, however, is many industry leading, powerful corporations agreeing with him publically.

    That is the Japanese way, maintain the "wa" (harmony.) Stay in agreement publically, while internally things are very different. McBride will use this "Public agreement" of Sony, Hitachi, Matsushita, Sharp, Phillips, Samsung, NEC, and Toshiba to cast even more FUD about linux. "Hey look, IBM may not think we have a case, but the Japanese giants unanimously agreed with everything we said."

    This move is very, very smart for McBride if he plays it right. May he fry in hell.

  160. The upside is by Felinoid · · Score: 1

    If SCO's BS works then Apple can play the same game on Microsoft.
    Don't prove infringment just make wild stupid "but the public won't know better" type clames.
    After all Apple did give Microsoft the right to use the Mac os look and feel.
    Or maybe whomever owns BSD today can clame ownership of some key Internet protocalls via todays insain patent system.

    --
    I don't actually exist.
  161. Only one reason behind that... by Anonymous Coward · · Score: 0

    The only reason I see for this trip is that Microsoft is behind all this! For one: it is only in M$ interest to hinder, slowdown and attack the Linux development and application. Second, M$ is having a hard battle at the embedded front. An SCO official which tries to influence decisions for embbedded application of Linux doesn't do that for the beneft of SCO, which isn't active in the embedded world. Only M$ has interests here....

  162. Re:Pizza Hut Australia? by Anonymous Coward · · Score: 0

    I noticed that OpenServer was running on the terminals in my local Pizza Hut.

    Queensland, Australia.

  163. MOD PARENT UP (Re:Smart Move For McBride) by tamnir · · Score: 1

    MODERATORS: MOD PARENT UP.

    This may be one of the most insightful comments of this discussion. Too bad it was posted by an AC and a bit late... Anyone with some mod points left?

    --
    I code, therefore I am.
  164. "...even copyright disclaimers." - important by xixax · · Score: 1

    OK, so *whose* copyright disclaimers???

    I just did:

    cd linux
    find . -name "*.[c|h]" |xargs grep "[Cc]opyright" |grep "[Ss][Cc][Oo]"

    And a few variants thereof like "([Cc])", "IBM", "[Ss]anta" "[Cc]ruz" "Novell" and "[Mm]icro" and don't get much that looked out of place.

    If it's as obvious as SCO claim, it shouldn't be too hard to figure out what parts they are talking about.

    Xix.

    --
    "Everything is adjustable, provided you have the right tools"
  165. -1 Troll by Grizzlysmit · · Score: 2, Interesting

    Can we just moderate SCO -1 Troll

    --
    in my life God comes first.... but Linux is pretty high after that :-D
    Francis Smit
  166. Here's one for the lawyers.... by mormop · · Score: 1

    If the SCO case is thrown out at the end of the day what does American law allow for in the way of retribution should your Linux development projects have fallen behind or been damaged because of the FUD?

    Can businesses using Linux sue for damages due to losses caused by malicious and unfounded prosecution? Could McBride be personally sued for being an arrogant, overly litigous arsehole who used the legal system as a weapon of offence rather than justice?

    What would the odds be of arranging a personal lawsuit against mcbride on behalf of all companies that were affected by SCO's case. The possibility of personal bankruptcy may have an effect that is normally hidden by the cosy corporate liability thing. if this happened and SCO went down the pan followed by the contents of his own bank account would future employers be at all well disposed to taking on someone who behaves like a spoilt 5 year old with company funds?

    Just wondering?

    --
    Hmmmmmm..... Deep fried and look like Squirrel.
  167. Pedantry... by kahei · · Score: 1


    That isn't keigo.

    --
    Whence? Hence. Whither? Thither.
  168. You researched it! by ta+bu+shi+da+yu · · Score: 1

    Excellent to see that slashdoters are still wasting as much time as ever! I haven't been here in a while.

    Yours humbly,
    Ta bù shì dà yú

    --
    XML is like violence. If it doesn't solve the problem, use more.
    1. Re:You researched it! by Anonymous Coward · · Score: 0

      ha-ha!

      K5 fuckup^Wvacation means /. invasion, eh? :-p

  169. Re:SCO just filed amendments to bylaws to indemnif by Anonymous Coward · · Score: 0

    Amen.

  170. Pedantry 2: This Time It's Contradictory by kahei · · Score: 1


    I dunno why I wrote 'that isn't keigo'... I guess I don't think of teineigo as 'keigo' but of course it is.

    --
    Whence? Hence. Whither? Thither.
  171. Linux black ops? by dark-nl · · Score: 1
    The philosophy you refer to is all about creating stuff. It's not easily applied to destruction. However, one very efficient technique would be to figure out what companies like McDonald's get out of using SCO's products, and provide them a free replacement that works better.

    Convincing them to actually switch will be harder, and I have no idea what it would take. One advantage lies in the nature of SCO deployments: if you stay compatible, you can replace the systems one by one which makes it a low-risk operation.

    For best effect, convince them to issue a press release saying they're moving away from SCO because of SCO's predatory behavior towards its customers. For bonus points, have them cite intellectual property concerns.

  172. Re:Does anyone out there still use SCO Unix? Yeah by SlashDread · · Score: 1

    we do...

    in fact, the only reason we never switched to another was there was basically no need, and it was on noones eyeball.

    Thanks to Darl's claims, now it is.
    Thank you Darl! /Dread

  173. Comment removed by account_deleted · · Score: 2, Funny

    Comment removed based on user account deletion

  174. M0D3R4T0R5 4R3 T3H 5UCK! by Anonymous Coward · · Score: 0
    "Flamebait"?
    "Flamebait"?!!!

    Do you idiot moderators even know what the different moderation choices are?!!!
    OFFTOPIC would have been ok, Troll would fit at a stretch. But FLAMEBAIT?!!! The post is actually going for REDUNDANT -- attempting a first post, and always failing. Why the hell do you think he attempts FPs as a reply to an existing post?!! I really hope you get nailed for inaccuracy in metamod, you big dope!

  175. We're paranoid by worldcitizen · · Score: 1

    At first I also thought that this would be a PR atempt to add a twist to IBM vs SCOX

    On second thought, McBride is more likely to simply try to peddle some licensing deals. This is not a PR visit, it is a sales call.

    For this farce to end, the money supply to SCOX needs to be cut off. For example, making sure that potential licensors (CELF companies?) get the message that any money given to SCOX will get them ill will.

    (Disclaimer: I'm short SCOX)