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How SCO Helped Linux Go Enterprise
An anonymous reader submits: "SCO may now have filed for UNIX copyrights and made various allegations about code-copying, but the actual complaint against IBM still seems to be focused around allegations UNIX-based enterprise technologies (such as RCU, JFS and SMP) being improperly added to Linux. Yet, reviewing the Linux kernel archives reveals some interesting and surprising background on just who helped put these technologies into Linux. PJ's GROKLAW blog has uncovered that 'Caldera Employee Was Key Linux Kernel Contributor,' including what looks like
a lot of work on the early stages of JFS.
The same employee's name also crops up when we look at RCU. When
IBM posts RCU improvements, did he complain? No, he requests further improvements even helpfully providing a link to inspire the IBMer!"
"Lastly, definitely worth reading, Alan Cox on Linux SMP. He says that got he ideas from a book (which presumably can't be somebody's trade secret), invented his own implementation, and did this using hardware provided by Caldera (SCO themselves do acknowledge providing hardware to the Linux SMP team)." The article points out of Christof Hellwig (the Caldera-employed kernel contributor) that "He's likely a great guy, and he's undoubtedly been a trusted Linux contributor, so this is nothing against him. It's about SCO and their position in the lawsuit, and it's about IBM's affirmative defenses."
For better or worse, this battle is based as much on the court of public opinion as anything else. The repeated accusations, the repeated lies on SCO's part, will do their damage, even though all of it may well prove to be baseless.
As Deep Throat (of Watergate fame) said: "Follow the money."
Soli Deo Gloria
On alt.os.development, we've been discussing this somewhat humorously. It will eventually not be a problem. Linux will be able to simply rewrite its SMP handling (and other things that have allegedly been taken from SCO). In fact, at the OS level, working with 32 processors is no different from working with 2 (which Linux could already do before the alleged copyright infringement). However, handling 32 processors very well is a completely different story.
In any case, this is a big inconvenience for many people using Linux in their companies. I have to stop development on one of my projects because I don't want to pay SCO any money to use Linux. And why should I? Linux is supposed to be free. (All the more reason to use BSD, which I like more than Linux, but anyway...)
SCO is screaming to be bought out by IBM, even though they say in a press release that this is highly unlikely. It seems obvious to me, in any case -- SCO's not had a very successful product in a very long time.
Here's hoping that the case goes to a court where there are people who know what they're talking about are presiding on the jury.
And somebody please fill me in, but is the SCO hotshot lawyer who lost the Gore case against Florida and worked against Microsoft such a hotshot? It seems to me that he's more of a loser.
My 2 cents.
Kind regards, Devon H. O'Dell
Oh, this is wonderful.
It became apparent in yesterday's new that SCO was going after the Sequent SMP code that IBM donated to Linux.
Why the Sequent code? I'm guessing that Boies finally realized that the IBM sideletter gave IBM all rights to its own derivative work, which would burst most of SCO's claims. But the Sequent code would not have been protected from ATT's derivative works clause since Sequent didn't appear to have a side agreement like IBM's.
Of course, if Caldera/SCO had a programmer actually working on the code, as this article suggests, then Caldera/SCO is an equal partner in donating and modifying the SMP code for Linux.
Forget about whether they donated the code through "inadvertently" GPL'ing it. This proves they donated the SMP code knowingly, and even helped modify it for use with Linux. That's a much stronger case than relying on any of GPL's so-called viral qualities.
There has been nothing of substance to this lawsuit from the beginning. If there actually is any matters of substance, SCO has carefully and maliciously opti mized its strategy to cause the greatest harm and distress to people that were seeking to perform a public service.
That Caldera/SCO should be responsible for the complaints of the suit should come as no surprise. Mr. McBride has a history of manipulating the legal system, and The Canopy groups previous history has certainly involved legal manipulation as a profit center.
At this point its not enough that SCO lose the lawsuit. SCO needs to be completely destroyed, and at the very least McBride need to be held personally accountable. Its the only way to discourage future land grabs by avaricious jackasses.
If SCO MCBRIDE et al, aren't put down soundly it may very well stall or destroy Open source development permanently.
Look at Rambus, SCO's strategy is no different. now can you imagine if a company with clear intelectual rights to a technology, an algorythm, or a "business method" arranges to have it placed in the kernel, or Glibc, or X. If they wait a few years removing the code might still be possible but the collateral damage from dependant programs breaking might be insurmountable.
If we enter a regime where all OSS submission have to be checked against unpublished undistributed works OSS will be dead.
IBM's quiet. Too quiet.
Probably because there is no case. SCO have a big mouth but nothing else. Everything SCO says apears not to bother IBM. IBM just do business as usual. Now if just the media would have ignored SCO the way IBM does. But if this ever goes to court IBM will defend themselves.... What will be left of SCO when that happens?
Do you care about the security of your wireless mouse?
Seriously, I can't beleive this got modded +5 Insightful. This story does indeed have a bearing to "Your Rights Online", if you use or distribute Linux in any way shape or form.
And please, if you're not interested in the story, do not respond to it!
*rolls eyes at the idioacy*
Sticking feathers up your butt does not make you a chicken - Tyler Durden
While I agree (mostly) with what you have said... I don't see how the license SCO is touting to have with IBM is that much different than the GPL in terms of "viral" nature.
Aren't they laying claim to everything IBM implemented for AIX simply because AIX is a licensed UNIX?
--Phillip
Can you say BIRTH TAX
IBM (and whoever is losing any money because of the SCO FUD), please consider donating to chillingeffects.org and get them to write up a nice Q&A on the case and a template response letter to SCO's letters.
IBM sales people being asked about SCO/Linux/AIX can then politely point companies to this Q&A. Something that will be clear for corporate counsels (for those that do not specialize in Copyright issues) and other legal advisors, plus a well prepared response letter could be pretty useful for assisting companies not caving in to SCO's extortion.
The fewer companies that cave in, the less money SCO will have to fuel this BS.