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Linux vs. SCO: The Decision Matrix

hexidec writes "Haven't seen this here yet, though I may have missed it. Anyway... A group of Australian techies have put together an analysis matrix of the likelyhood of each SCO Unix claim being true, and what outcome would most likely result if so. Puts a lot of the various recent suppositions in one handy place."

27 of 457 comments (clear)

  1. Mirror for the slashdot effect by zubernerd · · Score: 5, Informative

    Ahhh... I feel the slashdot effect. Since this doc has tables, I put a mirror up. http://mirrors.tatay.org/lnxsco.html Cheers y'all!

    --
    Accentuate the positive, don't waste your mod points on the negative.
    1. Re:Mirror for the slashdot effect by Anonymous Coward · · Score: 5, Insightful

      You will notice that the purported decision matrix (implying a logical document with conclusions deduced by scientifc logic from given hypotheses) says at the bottom of all possible outcomes 'linux is unaffected'.

      In case you hadn't guessed, this is far from the logical document the name suggests, but really a portrayal of one person's viepoint. The conclusion, namely that linux is unaffected in all cases is clearly false, as I can think, regardless of my own *opinions* of what chance such an event is said to have, that a judge *could* decide linux was infringing, and that it would be illegal to use it without paying Sco royalties.

      There are many pro-Linux assumptions such as that Sco opened the source by distribution Caldera made any putative copyright violation legal since they were doing it themselves. This is an assumption you cannot make without a legal decision.

      This document adds nothing to the debate - the only thing that will is a decision in a year or so's time in court, and in the mean time Sco can frighten people into not using Linux

    2. Re: Mirror for the slashdot effect by Black+Parrot · · Score: 5, Funny


      > > Ahhh... I feel the slashdot effect. Since this doc has tables, I put a mirror up.

      > And another, 'cos what the hell

      Could someone post a decision table for which link I should click?

      --
      Sheesh, evil *and* a jerk. -- Jade
    3. Re:Mirror for the slashdot effect by dark-br · · Score: 5, Funny

      This "matrix" has been slashdoted, please "reload" :)

    4. Re:Mirror for the slashdot effect by Archie+Steel · · Score: 5, Informative

      I don't know...I do find the argument that SCO continued to distribute Linux after they knew (and, in fact, announced) that allegedly infringing code was in it to be quite compelling. The GPL is not just there for show, it is a license and as such is based on the same law as the one that makes other software licenses valid.

      Now, SCO's argument is that even if they did distribute Linux, they weren't aware of their code allegedly being in Linux. However, and this is important, they continued to distribute it afterward - and not a day or two, but a full month after disclosure. In other words, they knowingly distributed the offending code under the GPL, therefore releasing it to the Linux community. Note that this has, in fact, not much to do with the lawsuit against IBM, which is a breach of contract suit. SCO seems to have acknowledged that they can't legally sue Linux companies, which would be a violation of the GPL, and therefore Linux will be unaffected even if SCO wins against IBM. In other words, they're saying "the genie's out of the bottle, we can't put it back in, but at least we'll sue the one who let it out." That's how I read it, anyway. IANAL.

      --

      Reminder: find a new sig
    5. Re:Mirror for the slashdot effect by Znork · · Score: 5, Insightful

      You're not quite correct. The GPL is actually not based on the same law that makes other software licenses valid. Most licenses for proprietary software are based on contract law, as they often attempt to restrict what you're allowed to do with the software beyond copyright limitations. This is what makes the whole "agreement" part necessary. Contract violations are rarely criminal, usually entail damages only, and are enforced in court by civil lawsuits.

      The GPL on the other hand is not entirely based on contract law; if it were, it could theoretically be challenged in court for some form of gain, and would quite possibly have been long ago. Instead, it deals entirely within the realm of allowing you to do things that you are not allowed to do within copyright law. As the GPL is the only thing granting you the right to modify and distribute the software you cannot distribute the software without adhering to the terms of the GPL (unless you obtain specific permission to do so from the copyright owner). Violating the GPL means you've violated copyright law by distributing copyrighted material without permission and that possibly means a criminal violation (depending on local law and things like wether it was done for profit), with entirely different consequences. This is one of the reasons you dont see any cases of companies challenging the GPL; few lawyers, I believe, would recommend engaging in something that may very well end up with their clients broke and in jail (and hey, wanna bet the RIAA and MPAA will try to lobby in the death penalty for copyright violations soon?).

      Due to these differences the GPL is probably more "valid" than most ordinary proprietary software licenses, and violations can carry far heavier penalties, depending on copyright law in the country where it took place.

  2. SCO Matrix... by TWX · · Score: 5, Funny

    We'll cast Hugo Weaving as SCO, Keanu Reeves as Tux, and Laurence Fishburne as IBM. Carrie-Anne Moss would make an excellent IBM, since IBM's products are fairly sleek and sexy right now, and I'd really like to get into IBM...

    --
    Do not look into laser with remaining eye.
    1. Re:SCO Matrix... by hendridm · · Score: 5, Funny

      > Carrie-Anne Moss would make an excellent IBM, since IBM's products are fairly sleek and sexy right now, and I'd really like to get into IBM...

      That is quite possibly the geekiest thing I've ever read on Slashdot...

      Can't say I disagree though ;)

    2. Re:SCO Matrix... by canajin56 · · Score: 5, Funny
      Keanu Reeves as Tux
      You're best leaving Tux as a plush toy. Better actor AND more marketable
      --
      ASCII stupid question, get a stupid ANSI
  3. Anothr example of... by cruppel · · Score: 5, Insightful
    ...blind speculation, I think.

    Those ratings at the top indicating the likelihood of these allegations (or whatever you want to call them) don't really mean anything. They're just speculation and opinion, much like the 17,000 /. comments dealing with this whole deal. It reads nice and legal-sounding, but to me it looks like a table formatted thread straight off this site.

  4. Pointless effort by Anonymous Coward · · Score: 5, Informative

    Why host the page on your own site when google already HAS THE CACHE

  5. Matrix? by Raster+Burn · · Score: 5, Funny

    Morpheus: SCO is everywhere. It is all around us. Even now in this very room. You can see it when you look out your operating system. Or when you boot your AIX box. You can feel it when you surf the web. When you compile your kernel. When you mount your filesystems. It is the lawsuit that has been pulled over your eyes to blind you from the truth.

  6. It becomes easy once you realize... by reimero · · Score: 5, Funny

    There is no SCO.

    --

    ----------

    Something clever
  7. You just need to look at the last line... by greppling · · Score: 5, Insightful
    ...to see what a biased analysis this is. "Linux unaffected" with 100% certainty? Come on, we all have seen things go horribly wrong in courts. And have seen impact of pure FUD with no basis whatsoever.

    Yeah, I know I will get modded down for just suggesting that SCO's action might have some effect, but well...

  8. Not only that... by Atario · · Score: 5, Funny

    ...but they forgot a row in the table:

    Effect on SCO:
    Everyone hates them
    Everyone hates them
    Everyone hates them
    Everyone hates them
    Everyone hates them
    Everyone hates them

    --
    "A great democracy must be progressive or it will soon cease to be a great democracy." --Theodore Roosevelt
  9. Look, they're not stupid. by s20451 · · Score: 5, Interesting

    I am distressed that most of the anti-SCO argument seems to be based on the fact that SCO continued to publish Linux after claiming infringement.

    David Boies is a smart man, and surely he or his legal team would have thought of this. They must have some sort of legitimate defense up their sleeve. Maybe a direct attack on the legitimacy of the GPL?

    I think it will run something like this: Linux is important to SCO's business. Even though they discovered violations in linux, they had to continue to release linux or suffer grave damage to their business. They should not be made to suffer for the malicious actions of IBM, and they did not voluntarily release their own source code, so the GPL should not apply to their proprietary code that somehow found its way into linux.

    --
    Toronto-area transit rider? Rate your ride.
  10. If you take the Red Pill... by EvilTwinSkippy · · Score: 5, Funny
    You can't be told what the infringing code is, you have to see it for yourself.

    This is your last chance.

    You tale the Blue pill, and you decline the NDA. You come to your senses and walk away.

    You take the Red pill and you stay in wonderland, and SCO will show you just how deep the Rabbit hole goes. Oh, and you can't tell anyone what you saw.

    --
    "Learning is not compulsory... neither is survival."
    --Dr.W.Edwards Deming
  11. Reminds me of Office Space by pavon · · Score: 5, Funny

    Who needs a decision matrix when you can have a Jump to Conclusions Board ?

  12. Re:Preaching to the quire by pongo000 · · Score: 5, Informative

    Linux has already been affected by companies who have shown increased sales since beginning to spew FUD about "stolen IP" in Linux.

    So true. But companies won't come right out and admit to this -- makes them look foolish.

    Case in point: I was all set to introduce our school district (>50,000 students, 9 high schools) to Linux as an economic alternative to Novell. Servers were purchased (ProLiant DLs with dual processors and 6-disk RAIDs), Linux was installed, testing was done, quotas set up, we were ready to roll -- and then SCO dropped their bombshell. A week went by...two weeks...I discovered that due to "security" concerns, the servers were to be converted to Novell servers.

    "Security" concerns? Bullshit. I had already worked several weeks with the network gurus to put their security concerns to rest.

    This is but one government entity. The damage SCO has caused is quite extensive, and those who deny it are hiding their heads in the sand.

    Who would have thought that Linux (and open-source software in general) would be brought to its knees by an indirect blow? Here we were, thinking the battle was to be fought in Redmond, when in fact we were flanked by SCO and didn't even realize it until it was too late.

    Such is the price of hubris and arrogance. "If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle." (Sun Tzu, Art of War)

  13. That would be the worst thing for Linux by GoofyBoy · · Score: 5, Insightful

    Meeting:

    Tech guy 1: Lets implement Linux, its free and robust.
    Tech guy 2: Lets go with Windows, it costs more but there is that lawsuit which if SCO wins we might have to pay some undefined charges.
    Boss: What lawsuit?
    Tech guy 1: <goes on about how its fruitless and how SCO is the devil and blah blah blah repeating every Insightful post he's read on slashdot>
    Boss: So Linux might or might not be infringing on someones code and we might be opening the company to legal action?
    Tech guy 1: Yes but its just games that SCO...
    Boss: Which version of Windows should we get?

    So the longer this lawsuit goes on, the more decisions like this will have to be made.

    --
    The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    1. Re:That would be the worst thing for Linux by jfinke · · Score: 5, Informative

      Thank you. That is exactly what has happened at my company. My linux servers (which were soon going into production) are being formated with W2K as we speak.

    2. Re:That would be the worst thing for Linux by _Sprocket_ · · Score: 5, Insightful


      My linux servers (which were soon going into production) are being formated with W2K as we speak.


      Sucks to be you. MY boss, already impressed with the existing production Linux servers and our development environments, has asked me how we can go about getting MORE linux in to our production environment. And I am currently hashing out an IT plan for a new system that is based on Linux (although its more like a network appliance).

      It is expected that SCO's publicity stunt is going to affect some IT managers. Especially with the implied backing of Microsoft. But I question just how much "damage" is really being done.

      To be honest, I expected my situation to be simular as the parent poster's. I am currently in a very conservative environment that has not always embraced Open Source (or more accurately, like many other organizations, it wasn't fully aware of Open Source in its midst). Seeing this conservative (and very Windows-centric) environment embracing Linux and MacOS X is rather interesting. Watching it continue this trend despite the FUD is facinating.

      Wish your boss had the same outlook as mine.
  14. Re:Article is slashdotted.. by crazyphilman · · Score: 5, Funny

    Actually, it's more like this:

    IBM, Red Hat, and SuSE are bikers hanging out at a seedy bar in Southern California, by the shore. Their harleys are parked out front, all choppers, gleaming and evil looking. Currently, IBM and Red Hat are playing a traditional game: each holds a lit cigar to his forearm while SuSE counts the seconds, with two twenty dollar bills at stake. A few feet away, the BSD brothers are playing cards at an outside table, a quart of Mexican tequila and a bunch of shotglasses next to the deck. Periodically, they throw back a shot. Their rusty Jeep Renegade sits nearby. Suddenly, there's a little lawnmower sound. A go-kart with a broken muffler pulls up, bumping into the Harleys and knocking them down. IBM, Red Hat, and Suse ferociously stride over and bellow.

    "HEY, MAN! THOSE ARE OUR BIKES!"

    A fat little kid wearing a shirt with wide horizontal stripes and a pair of bermuda shorts held up by orange suspenders jumps out of the go-kart and saunters over to the bikes. He's got freckles, bright red hair, and triple-thick glasses. He's obviously not "all there".

    Fat kid: "Hi. I'm SCO. Motorbikes suck; I drive a go-kart." (kicks the nearest bike, breaking the headlight). If it wasn't for my Go-Kart technology, you wouldn't even HAVE these bikes. You should buy me some beers in appreciation."

    IBM: (seething). "That was my bike. Kid, you really shouldn't have done that." Red Hat: (shakes head). SuSE: (muttering) "Gott in Himmel" (laughs)

    IBM walks over, grabs the kid by the suspenders, and lifts him clear off the ground, bouncing him up and down while looking him over. Then, he tosses the kid way up in the air, catching him on the way down by his underwear waistband and yanking upwards with both hands. With a great stretching sound, the drawers pull all the way over the kid's head. IBM lets go, and they snap into place.

    Everyone: MUHAHAHAHAHAHAH! Red Hat: "Hey, IBM, do that shit again!" SuSE: "Funny!" The BSD brothers: "huh huh huh huh -- HE said SHIT!"

    SCO (through his underwear): "You buncha creeps! My grandfather used to own this land. I'll tear down this bar and make you take your alky bullshit somewhere else! And, what's up with that biker gay-chic thing?"

    IBM: "Oh, my lawd, he went there." Red Hat: "Oh, you didn't..." SuSE: "Uh oh..." BSD Brother number 1: "Oh, boy, here we go."

    IBM leans over, grabs the kid by the ankles, and heads to the outhouse. He kicks the door open, goes in, and the door slams.

    (from inside)
    SCO: Noooooooooo!
    (SPLASH, SPLASH, SPLASH).

    IBM comes walking back out, without SCO. He takes a long pull from the tequila bottle.

    IBM: "Damn." BSD Brothers, in unison: "What, what happened, man?" IBM: "Damn..." Red Hat: "Hey, where'd the brat go?" SuSE: "Yeah, you gave him the swirly, right?" IBM: "Yep." Red Hat: "So... ?" IBM: "He's a slippery little bastard when he gets wet. Popped right out of my hands and went down into the latrine!"

    Everyone: "NO WAY!"

    IBM: "Yeah... Poor little bastard. Ah, well. What can you do? Maybe he'll swim back up outta it."

    (about a minute later)

    SCO flops out of the toilet seat, landing on the ground in front of the toilet, covered in green goo.

    SCO: "URH! URG! CTHULU FLAGNTH!" Red Hat: "Hey, boys, somethin' ain't right about that kid, man. It looks like he's growin' fins."

    Everyone looks. SCO has turned into a weirdo fish-man.

    SCO: "CTHULU FLAGNTH!" IBM: "Well, whaddaya know?"

    SCO runs across the parking lot, and leaps off the cliff into the sea.

    SCO: "CTHULU FLAAAAAAAAAAAGNTH!" (SPLASH)

    IBM, looking over the edge. "Well, I guess that's about that." Red Hat: "You don't see THAT every day." SuSE: "Pass me that there tequila bottle, ok?"

    (fade to black)

    You all thought I was going to get into the Microsoft/Cthulu thing, didn'tcha? Ha! Fooled ya!

    --
    Farewell! It's been a fine buncha years!
  15. Catch-22 in SCO argument by cait56 · · Score: 5, Interesting

    For SCO to prevail it will have to establish that it owned the code, and that it was included in Linux distributions with malice and/or a callous disregard for the property rights of the code's true owners, but that SCO's "accidental" release of the same code under the GPL was not deliberate and shouldn't be held against it.

    It seems to me that SCO was in a far better position to recognize that the code being distributed as part of Caldera was in fact part of SCO's property than it was for other Linux distributors who did not have access to that confidential code.

  16. The SCO/Linux FAQ by heironymouscoward · · Score: 5, Insightful

    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.

    --
    Ceci n'est pas une signature
  17. For an actual relevent thesis of SCO vs. IBM... by RALE007 · · Score: 5, Informative
    see the OSI's release on the suit: OSI's IBM vs. SCO Position

    It is the most relevant and insightful material I have seen to date and I highly recommend reading it.

    --
    Beware blue cats moving at .99c