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."

Comments

Does anyone out there still use SCO Unix?

[ACK!!]

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.

Re:Does anyone out there still use SCO Unix?

[shadowbearer]

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

Here... sign this.

[tbase]

"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?

Evidence of someone else's common code?

[Fly]

"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?

SCO just filed amendments to bylaws to indemnify

[walterbyrd]

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.

Easy way to fix this..

[AlbanySux]

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.

They Own C++ Too!!!

[jobsagoodun]

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!

Strange trip to Japan

[walterbyrd]

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

Japan Impression

[Shadow Wrought]

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.

Re:You are doomed now .. they know who you are ...

[Anonymous Coward]

"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...

Mr. Yodaiken anyone?

[i_really_dont_care]

"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.

And it is no secret he doesn't like linux

[eddy]

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."

Amount of damage? And what about those patents?

[hobsonchoice]

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?