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SCO Calls IBM Countersuit "Unsubstantiated Allegations"

Posted by michael on from the kettle-is-black-black-black dept.

dacarr writes "Yahoo currently hosts a press release from SCO that basically calls for IBM to "move away from the GPL"." Lycoris tries to dodge the flood of idiocy from Utah. Another non-programmer has seen SCO's presentation, and without attempting to verify the facts through his own research, reported on it. One reader buys a SCO license. SCO justifies their continuing illegal distribution of the Linux kernel.

2 of 972 comments (clear)

  1. Grocklaw does it again! by mj01nir · · Score: 5, Informative

    Grocklaw has an overview of the IBM countersuit. And for added fun, the whole 46 page filing is available in multipage TIFF or pdf.

    The patents are at:
    http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PT O1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/srchnum.htm &r=1&f=G&l=50&s1=4,814,746.WKU.&OS=PN/4,814,746&RS =PN/4,814,746
    http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PT O1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/srchnum.htm &r=1&f=G&l=50&s1=4,821,211.WKU.&OS=PN/4,821,211&RS =PN/4,821,211
    http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PT O1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/srchnum.htm &r=1&f=G&l=50&s1=4,953,209.WKU.&OS=PN/4,953,209&RS =PN/4,953,209
    http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PT O1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/srchnum.htm &r=1&f=G&l=50&s1=5,805,785.WKU.&OS=PN/5,805,785&RS =PN/5,805,785

    After reading the actual countersuit filing, it looks like an even bigger, more comprehensive smackdown than even was speculated yesterday. IBM is fully ready to press SCO's GPL transgressions, talks at length about the failure of SCO's business, makes clear in several locactions the difference between Old SCO (Tarantella) and Caldera/New SCO, they even mention that some of SCO's claims have exceeded the statute of limitations. IBM has clearly been tracking SCO FUD and mentions specific quotes from SCO execs that are damaging. They also reiterate that IBM's UNIX license is perpetual and irrevokable, but they also say that even if that wern't the case SCO still can't revoke IBM's license because SCO has not followed the agreement on the procedure to revoke the license. SMACK, SMACK, SMACK!

    --
    the no .sig .sig
  2. Try again... by Surak · · Score: 5, Informative

    2.4.19. They're claiming 2.4.18 and later is infringeing.


    NcFTP 3.1.5 (Oct 13, 2002) by Mike Gleason (ncftp@ncftp.com).
    ncftp> o ftp.sco.com
    Connecting to 216.250.140.126...
    ftp.caldera.com Ready.
    Logging in...
    Welcome to SCO's FTP site!

    This site hosts UNIX software patches, device drivers and supplements
    from SCO.

    To access Skunkware and Supplemental Open Source Packages, please
    connect to ftp2.caldera.com.

    ** Please read the following export notice **
    Please note that the electronic transfer of this data to a destination
    outside of the United States constitutes an export (as defined by the
    U.S. Bureau of Export Administration) and is authorized ONLY to the end
    user. Any subsequent re-exportation of this data requires that the end
    user obtain an additional export license. Also note that it is illegal
    to re-route Caldera product to Cuba, Iran, Iraq, Libya, North Korea,
    Sudan or Syria and that you must file a special license if you intend
    to re-route goods to the embargoed regions of Serbia or the Taliban
    controlled areas of Afghanistan. Placement of this order constitutes
    an agreement to comply with these stipulations.
    Anonymous access granted, restrictions apply.
    Logged in to ftp.sco.com.
    ncftp / > cd /pub/scolinux/server/4.0/updates/SRPMS/
    ncftp ...rver/4.0/updates/SRPMS > ls kern*
    kernel-source-2.4.19.SuSE-106.nosrc.rpm
    ke rnel-source-2.4.19.SuSE-133.nosrc.rpm
    kernel-sour ce-2.4.19.SuSE-152.nosrc.rpm
    kernel-source-2.4.19 .SuSE-82.nosrc.rpm
    ncftp ...rver/4.0/updates/SRPMS >

    Which means that regardless of whether or not "SCO feels that the GPL is too weak to stand up in court," is moot. They have accepted and continue to accept it's terms by having this Linux kernel source code on their FTP server.

    Any code in kernel 2.4.19 that is 'infringing' is actuall not, because SCO knows about so-called 'infringing' code in there, yet they continue to distribute it, meaning they have effectively GPLed whatever code is in there, regardless of who actually put it in there (most likely, according to various sources, a Caldera employee!)

    --
    My journal has hot /. gossip.