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SCO: FSF Reply To GPL Claims, Conference Sponsors Back Off?

bkuhn writes "Last week's Wall Street Journal (and other news outlets) carried statements by SCO's Mark Heise challenging the "legality" of FSF's GPL. FSF has issued a response to this baseless claim." Also, mcgroarty points out that Intel and HP seem to be backing swiftly away from their sponsorship of SCO's in-progress Las Vegas conference (a EWeek article suggests that "Intel Corp. was recently billed as one of the lead sponsors of SCO's Forum 2003 conference here this week, but then suddenly disappeared from all marketing and press material for the forum. It appears that Hewlett-Packard Co. also got cold feet. As late as last week, SCO was telling attendees that HP would be giving a partner keynote at the forum on Tuesday morning. But on Sunday the schedule of events given to attendees when they registered makes no mention of an HP keynote...") M adds: Now we've got a few stories from the conference: News.com.com and Eweek. Despite some bad headline writing at News.com, SCO simply continues to employ the Chewbacca defense, showing no code to back up their claims. Amusingly, Darl McBride started his rant about copyright infringement by copying some footage from a James Bond movie. Bravo!

121 of 580 comments (clear)

  1. They shoot horses, don't they? by FFFish · · Score: 5, Funny

    While I'm really enjoying watching this circus, I think it really is time to put Darl out of his misery. He's obviously suffering some sort of beri-beri brain-eating disease. Let's be humane and compassionate. He has suffered enough.

    --

    --
    Don't like it? Respond with words, not karma.
    1. Re:They shoot horses, don't they? by nocomment · · Score: 5, Interesting

      I agree. It's been fun to watch so far but it's time for everyone to collectively turn their back on SCO and just let them yell until they are blue in the face. It's like SCO is holding a handgrenade and people are slowly moving away from the madman so as not to make him blow you up to. As an aside, I wonder if slashdot could get an interview from the original SCO owners and get their take on the whole thing.

      --
      /* oops I accidentally made a comment, sorry */
      /* http://allyourbasearebelongto.us */
    2. Re:They shoot horses, don't they? by Anonymous Coward · · Score: 2, Funny

      He's obviously suffering some sort of beri-beri brain-eating disease

      Not beri-beri you fool, it's the viral GPL he's been trying to tell us about!

      heh

    3. Re:They shoot horses, don't they? by Watts+Martin · · Score: 4, Interesting

      I've been more interested in what the original Caldera folks, Ransom Love and particularly Bryan Sparks, make of this. SCO was always an uninteresting company (to me, at least), but Caldera wasn't. Even though they got less interesting even before their transformation into total dweebitude, they started out pursuing "pipe dreams" of Linux credibility in the enterprise and a viable desktop Linux before anyone else did. The "Linux will take over the world" mentality has its antecedents in the work Sparks and Love were doing back at Novell circa 1993-94 on the Corvair/Expose project. (And as I've noted before, it's ironic to see the anti-SCO crowd dragging Ray Noorda's name through the mud so frequently, given that he was a lunatic anti-Microsoft crusader--Corvair was, at least according to Infoworld reports of the day, an attempt to use a Linux kernel with DR-DOS to make a 32-bit Windows-compatible OS before Windows 95 was out.)

      Love is largely out of the computer scene these days, I think, but Sparks isn't--he's running DeviceLogics and owns DR-DOS (again). Anyone tried to interview him?

    4. Re:They shoot horses, don't they? by rkww · · Score: 2, Informative

      Beri-beri is a nutritional deficiency (vitamin B1, aka thiamin); maybe you are thinking of kuru

    5. Re:They shoot horses, don't they? by Dalcius · · Score: 4, Insightful

      Ah, yes, but other companies won't take heed if SCO isn't replaced with a stinking hole in the ground where even the heartiest weed won't grow.

      SCO must be crushed, the open source community and its allies (namely, those who enjoy free development from some really smart folks) must make an example out of this little maggot so that other companies are afraid to follow in SCO's footsteps in the near future.

      SCO is a blessing: they're an easy example.

      "Fire at will, commander."

      --
      ~Dalcius
      Rome wasn't burnt in a day.
    6. Re:They shoot horses, don't they? by marko123 · · Score: 4, Funny

      Love is largely out of the computer scene these days, I think, but there are still Sparks

      --
      http://pcblues.com - Digits and Wood
    7. Re:They shoot horses, don't they? by dnoyeb · · Score: 4, Interesting

      The Ray Noorda went over to the dark side himself. Considering he is majority owner of The Canopy Group, which is majority owner of SCO, and all the other companies under which are some strange business dealings coming forth.

    8. Re:They shoot horses, don't they? by antiMStroll · · Score: 5, Insightful

      Back in the Red Hat 5.1 days, one of the Que how-to books came with a bonus copy of Caldera 1.3 (IIR). It blew Red Hat away, worked like gangbusters, dead solid and fast (for it's P133 time). It really is a shame to see what the company has become.

    9. Re:They shoot horses, don't they? by bwt · · Score: 4, Interesting

      Have you read the IBM reply and counterclaims. Four separate patent claims nicely covering all of SCO's products, trademark, copyright, breach of contract, deceptive trade practices, and a few others I've never heard of.

      Don't worry, SCO is dead.

      I honestly have no idea how such lunatics could get to run a company. "Don't get involved in a land war in Asia" probably is 2nd to "Don't get involved in litigation with IBM".

      The only possible rational I can think of for what SCO is doing is that MS subversively decided to send them running into the machine guns to "slow down Linux".

    10. Re:They shoot horses, don't they? by c · · Score: 5, Funny

      "It's like SCO is holding a handgrenade and people are slowly moving away from the madman..."

      Picture McBride behind the wheel of a minivan, flying down a drag strip as fast as 6 cylinders can take it on a collision course with a main battle tank. The SCO van has lights flashing, sirens blaring, mimes doing handstands on the roof, and maybe a little T&A out the sunroof. Oh, and it's full of lawyers.

      The tank isn't doing much of anything, really.

      Now, what we're all wondering... Is Darl McBride just some crazy lunatic powering his shitbox down the road and maybe planning on turning at the last minute, or does he really have something in that minivan that can take out a tank. And if he does, when is he gonna whip it out? Will the tank bring around the main gun and blast him, or will it just use the machine gun? How many lawyers are killed? Mimes? Will the minivan turn into a DeLorean at the very last second and blast a trail through time?!?

      I don't know about you, but the suspense is killing me.

      c.

      --
      Log in or piss off.
    11. Re:They shoot horses, don't they? by sharkey · · Score: 4, Funny

      They also beat dead ones, or so I'm told.


      Hey, let's all go to Subway!

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
  2. The Bond Clips by NecroPuppy · · Score: 5, Informative

    Actually, if you read all the articles, you'll notice that the Bond clips were provided by MGM (who owns the hotel SCO is at) for SCO's use.

    Thus, no piracy.

    I dislike SCO's tactics as much as the next guy (unless the next guy is Gates or Ballmer), but a touch of fairness isn't going to hurt our cause.

    --
    I like you, Stuart. You're not like everyone else, here, at Slashdot.
    1. Re:The Bond Clips by bninja_penguin · · Score: 4, Insightful

      Actually, if you read all the articles, you'll notice that the Bond clips were provided by MGM (who owns the hotel SCO is at) for SCO's use. Thus, no piracy.

      Ahhhh, but the esteemed counsel that SCO has sought out stated previously, that copyright law allows for one and only one copy to be made, for backup purposes only, so MGM better make damn sure they were using the original footage, with their fingers on the fast forward/rewind buttons, or even they are not in compliance with the SCO version of law.

      --
      For those who describe their systems as 'boxen', do you order multiple 'boxen' of corn flakes also?
    2. Re:The Bond Clips by jeffasselin · · Score: 5, Insightful
      Ahhhh, but the esteemed counsel that SCO has sought out stated previously, that copyright law allows for one and only one copy to be made, for backup purposes only, so MGM better make damn sure they were using the original footage, with their fingers on the fast forward/rewind buttons, or even they are not in compliance with the SCO version of law.

      Actually, according to SCO any work derived or made for an original is owned by the first inventor/holder. I hope they paid Ian Fleming in full for writing James Bond at first. Or whomever first wrote a spy novel. Or Boccaccio who wrote the first novel. And the Lumiere brothers for making movies possible. And...

      I guess you get the idea. If any and all derivative works are considered the property of the original inventor/creator, there would be no inventions, because everything comes from something else...

      Hey, we could probably find a sumerian mummy and bring it in court to file a suit against SCO for use of the written language.

      Actually, at this point, I'm expecting SCO to sue God or something like that, since his "creation" incorporates works derivative of Unix.

      --
      If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
  3. Groklaw by NetFusion · · Score: 5, Informative

    PJ at Groklaw is doing a wonderful job at cutting through the SCO fud. I suggest you check out if you havent recently. The article's comments are quite good too.

  4. Not quite what I wrote by mcgroarty · · Score: 4, Informative
    I'm mentioned in the story writeup.

    Actually while I had mentioned that Intel had backed out, when I submitted an article last week, HP was still listed as a premier sponsor of SCO's event. I urged Slashdot readers to write Carly Fiorina and let her know how you felt about HP supporting SCO. The point is moot now as the event has already started and HP has already retreated their support somewhat. Still, you might still write and express how you feel about HP having pulled out: a visible reaction from the Linux community this time around might well shape how they deal with SCO in the future.

    1. Re:Not quite what I wrote by Bowie+J.+Poag · · Score: 2, Informative

      Isn't this the same Carly Fiorina who is quoted as saying she plans to "ship as many American IT jobs overseas as possible." ?

      No thanks.

      --
      Bowie J. Poag

    2. Re:Not quite what I wrote by register_ax · · Score: 5, Informative
      I just checked and it looks like they pulled the sponser document as demonstrated at http://www.caldera.com/2003forum/sponsors.html. However, the google cache is out there. This is golden as you can see other sponserships (gone south?) and potential candidates you can contact.

      As sites may be removed from google's cache, here's a listing of the companies that were listed

      Premier Sponsor
      HP

      Gold Sponsor
      CRN

      Silver and Bronze Sponsors
      Microlite Corporation
      Rasmussen Software Inc.
      Equinox Systems
      Century
      Digi International
      TeleVideo
      Multi-Tech Systems
      InoStor
      TelSoft Solutions
      Open Systems
      Lone Star Software
      DTR Business Systems
      Maxspeed Corporation
      Tarantella
      Basis International
      Vultus Inc.
      SDSI
      fp Technologies
      TAKgroup
      NextAxiom

      Now all those sites reference a site, but that has been taken down too...OR HAS IT!!! mwaHAHAHAHA!!

      But, yeah, that page is much more informative. Also for those interested on what the diff sponsorships mean[pdf]...

  5. Irony - please contact your employer by Tim+Macinta · · Score: 5, Interesting
    It's very ironic that SCO claims to be fighting for intellectual property rights when they are seeking to destroy the right of authors to control how their work is distributed. There is no reason that they should be attacking the legitimacy of open source licenses like this when their dispute with IBM is supposedly contractual. McBride actually admitted today that their attack is about destroying free software which is just disgusting considering that one of the core principals of IP law is that the author should be able to disseminate his work as he wishes - SCO apparently wants to destroy this choice.

    I was disturbed enough by Darl McBride's statement last Friday (which he repeated again today in Vegas) that the "silent majority" of companies in the IT industry support SCO's recent actions that I had my company release a public statement of opposition to SCO. It would seem that the latest thing SCO is trying to claim ownership of is the opinion of companies that have been silent on the issue, so I am calling on companies to break the silence. If you have control over such things in your company, please get them to either copy the statement of opposition to SCO that I wrote to your company's website or write and post your own statement of opposition. Let the world know that SCO is strongly opposed within the industry and that they are truly fighting to destroy the intellectual property rights that they claim to be championing.

    1. Re:Irony - please contact your employer by Tim+Macinta · · Score: 3, Insightful
      You can't say that unless you know for a fact that not one line of Linux code was lifted from SCO source. If any of it was, then SCO IS fighting for IP rights.
      Please re-read my post - you missed the entire point. I said that SCO is flagrantly violating the IP rights of others and I said nothing about whether or not SCO's own IP was being violated. They are distributing the copyrighted work of thousands of developers without permission (i.e., the Linux kernel). Regardless of whether or not they have rights to the fraction of code that is under dispute with IBM, there is certainly a very large portion of the kernel which they don't have the rights to, and yet they continue to distribute it in violation of the license. They are also seeking to destroy the right of authors to control how their works are distributed (i.e., they are attempting to outlaw free distribution in general, not just with their alleged code). They can hardly claim the high ground where they say that they are fighting for IP rights in general when they violate others' rights like this.
    2. Re:Irony - please contact your employer by Anonymous Coward · · Score: 2, Interesting
      That eweek article is just not funny anymore. It's moronic. I'm posting AC because that will pre-rate it redundant because I'm sure this case has been made over and over on /.

      "Presenting what he claimed was a literal copyright infringement in Linux of Unix code, Sontag showed examples of identical registration of variables, lines of code and comments in the same sequence."

      int frame_length;

      Identical registration of variables!

      for (frame_length = MAX_FRAMES ; frame_length > 0 ; frame_length--)

      Identical lines of code!

      /* loop above counting back for cycle efficiency */
      /* somebody should improve the compiler */

      Comments in the same sequence!

      "Sontag said SCO has gone through millions of lines of code and developed methods to find similarities. "We have rocket scientists who have applied their spectral recognition and pattern analysis to software, which has yielded amazing results."

      Pattern analysis is statistics. And they used rocket scientists to use statistical methods to get 'amazing results' that there is some nonzero correlation resulting from a pattern analysis?

      I hope the judge too will know that there are lies, damn lies, and statistics.

      "Sontag noted that a copyright case law also made clear that the quantity of code is not at issue, but rather how important that code is."

      So obviously there is virtually no code to show by SCO...

      Oh, and leave out the 'int frame_length;" from the code above and the code doesn't even compile! Look how important it is. Yeah, so is the semicolon that SCO copied from Linux at least 5e6 times!

      By the way, there is no mention of proof of origin. Even if there is copied code, then how do you know SCO isn't the thief here.

      Oh, and this is the killer:

      "Turning to derivative works that have found their way into Linux, Sontag said these include NUMA (non uniform memory access), Read Copyright Update (RCU), Journal File System and schedulers."

      "NUMA (non uniform memory access)" Access? Since when did the 'A' in NUMA not stand for Architecture?

      "Read Copyright Update (RCU)" That cracks me up. He's not talking about "Read Copy Update". Fact's don't matter to him. He just quickly browsed the Linunx Scalability Effort web pages and is just taking some random acronyms from it without even knowing what it means.

      "and schedulers"... Yeah, just the one word he remembered right under NUMA from the Linux Scalability Effort home page.

      Even the money argument he makes doesn't hold a stake in proportions. He's claiming to be so good for shareholder value that now the market cap of SCO is at $130 up form $8... That is so little money compared to how much money has been made and saved in the same period of time.

      Plus legally, he's making the classic move of somebody who knows he's losing an argument. He's switching discussion subjects and including side issues that don't matter for the case at hand: the contract dispute with IBM that he filed.

      So I would like to conclude with this:

      Technically, Financially, and Legally, McBride is full of shit.

      Let's just hope the system works and chews him up and spits him out.
    3. Re:Irony - please contact your employer by jefu · · Score: 5, Insightful
      McBride actually admitted today that their attack is about destroying free software which is just disgusting considering that one of the core principals of IP law is that the author should be able to disseminate his work as he wishes - SCO apparently wants to destroy this choice.

      But this is completely in keeping with the way American capitalism works. For instance the Department of the Interior sells leases to ranchers to put cattle on (often overgrazed land). But groups like the Sierra Club have been refused those leases, even though high bidder, because they planned on leaving the land fallow.

      The rule seems to be "you must profit by your rights or your rights don't count".

      The US isn't alone. How about this story about a Canadian city that won't give a place a liquor license unless they server liquor (they want it so patrons can smoke tobacco).

      Ain't humanity wonderfully silly?

    4. Re:Irony - please contact your employer by greenrd · · Score: 2, Interesting
      The company I work at is desperately looking for an exit strategy from our current SCO-based offering; but we can't find any product comparable to Sentinel (block-level hot disk mirroring over a network to a standby system) on Linux.

      Hmm, I'm not sure what you mean by that, but it sounds similar to RAID-1 over the network. I have used the free enbd module (Enhanced Network Block Device driver) and Linux's built-in software RAID to implement that. It's all free. Is that similar to what you were looking for?

  6. Picket? by Anonymous Coward · · Score: 5, Interesting

    Aren't there some slashbots in Las Vegas who would like to run a picket line in front of the MGM Grand?

    1. Re:Picket? by pi_rules · · Score: 2, Funny
      Aren't there some slashbots in Las Vegas who would like to run a picket line in front of the MGM Grand?


      'Cmon now -- slashdotters in Vegas? Good luck keeping them out of the brothels.
  7. SCOfinger by pyros · · Score: 5, Funny

    scene: SCO is strapped to a table in IBM's hideout, with a laser creeping ever closer.

    SCO: Do you expect me to show the code?

    IBM: No Mr. SCO, I expect you to die!

    (I know this has the rolls reversed, but it's funnier this way)

    1. Re:SCOfinger by Rimbo · · Score: 4, Funny

      SCO: What about the fatal flaw in the GPL?
      IBM: You're bluffing.
      SCO: Can you afford to take that chance?
      IBM: *long pause*

      *blood-curdling screech of agony*

      IBM: Well, I guess it's moot, now...

  8. Who is John Moore? (from Yahoo SCOX board) by nyet · · Score: 5, Interesting

    from here

    >"The company's arguments seemed to hold weight with the SCO faithful. "I think (they've) got a strong case," said SCO reseller John Moore, the president of Moore Computer Consultants, based in Pembroke Pines, Florida."

    >Is this company the same as www.mcci.com ? Where at this link it mentions the president of the company is called "Terry Moore" ?? And it seems to be very much a Microsoft shop?!?

    Good catch

    I got some even better ones for you:

    Here is www.mcci.com searched by google for the term "Windows"

    tinyurl.com/kf24

    Here is www.mcci.com searched by google for "Unix"

    tinyurl.com/kf2a

    Want something REALLY revealing? Try this: this is www.mcci.com searched by google for "SCO"

    tinyurl.com/kf2l

    Judge for yourself if they are a Microsoft shop or a Unix shop. I wonder what they were even doing there at SCO Forum? SCO isn't even mentioned on their website ANYWHERE. I don't think they are a reseller of SCO's Unix, with no mention of SCO anywhere on their webpage - how could they be?

    1. Re:Who is John Moore? (from Yahoo SCOX board) by fava · · Score: 4, Informative

      Unfortunatly MCCI is based in Ithaca, New York not Pembrook Pines Florida.

      It looks like the wrong company.

    2. Re:Who is John Moore? (from Yahoo SCOX board) by rkww · · Score: 2
      Much more likely, I would have thought, is that it's this John Moore.

      Interestingly MCCI has suffered mistaken identity previously

  9. They showed some code by fava · · Score: 2
    An Infoworld article claims that:

    "Sontag and Heise also presented some short snippets of source code that they claimed had been directly copied from SCO's Unix to Linux."

    Can anyone identify the snippets of code shown?
    1. Re:They showed some code by Charm · · Score: 4, Informative
      presented some short snippets of source code

      But read more and you will see

      Much of the Unix code in the slides was obscured, because the company wants to keep its intellectual property under wraps, but SCO is allowing people who want to see a more extensive side-by-side comparison during the conference to do so if they sign a nondisclosure agreement.

      So basically they show nothing again

      --
      -- RTFM:Slackware::Beer:Saturday
    2. Re:They showed some code by joebeone · · Score: 2, Insightful

      Everyone's saying this but I don't buy it. There was code-like context... I bet someone around /. could pull something useful out of this... everyone reads these articles to the letter. Showing obfuscated code is still more information than showing a black slide.

  10. Best quote by LauraW · · Score: 5, Funny
    Referring to the "one backup copy" nonsense, the article says:
    This argument is frivolous, by which I mean that it would be a violation of professional obligation for Mr Heise or any other lawyer to submit it to a court.
    I love it when the lawyers start insulting each other. :-)
  11. Bravo, indeed... by Empiric · · Score: 5, Insightful

    Seeing Intel and HP walk out does my heart glad.

    Hopefully these companies are seeing SCO's actions for what they are; an outright attempt to hijack the work of thousands of developers by fallacious statements, spin, and, at best, a tiny toehold on the body of work Linux constitutes.

    Despite SCO's spin to the contrary, this isn't about the GPL model versus the proprietary software model; it's about unethical versus ethical business practices, and SCO is on the wrong side of the fence.

    Would any reputable company now risk involvement with SCO on any level? Look at it this way. SCO made, in essence, a business deal. They distributed their software under the GPL, in an attempt to receive the benefits that the GPL approach can offer, much like Red Hat did. Now, they want to renege on the deal because they think they've got something more profitable. For them to now claim that they somehow didn't understand, or were somehow unaware of, their own business decisions is just completely disingenuous. What company would now sign any kind of business deal with them, knowing that given their history, they're likely to try to cry "do-over!" at some point and redefine their contract, making all sorts of legal threats and spurious statements in the process, and perhaps just decide that your IP is theirs by whatever stretch of the contract wording they can muster?

    This is what's bad for business, not the GPL.

    On a related note, I'd like to suggest that any companies out there contemplating paying SCO's extortion fees, even if the price is not a concern to them, refuse to pay it on principle. One good argument for not paying the Mafia, is that if you do, they are going to get bigger, and "lean" on you even more. And... I really must apologize to the Mafia for the analogy, as most of their profits derive from "consensual-crime" activity, rather than outright attempts to steal the property of individuals, in direct violation of the spirit and letter of the law. The Mafia has a higher percentage of legitimate business activites than SCO does.
    SCO's activities are to the benefit of no one, except themselves. HP and Intel, by contrast, benefit themselves largely through developing products and services to benefit their customers, something SCO has apparently lost the capacity to do. Even the companies which have products in direct competition to Linux would have a hollow victory if SCO's legal challenge to the GPL resulted in an invalidation of the fundamental notion of copyright upon which the GPL rests, and the discretion it gives to the work's creator, for-profit, for-humanity, or both. The sooner this is recognized by everyone, as these two companies are taking the lead toward, the better.

    --
    ~ Whence do you come, slayer of men, or where are you going, conqueror of space?
    1. Re:Bravo, indeed... by Anonymous Coward · · Score: 2, Insightful

      Any company that's considering paying the extortion money should demand that the money be put into an escrow account until the IBM and Red Hat lawsuits are resolved.

      Demanding a promise from SCO to return the money if they lose in court is not good enough. SCO will most likely declare bankruptcy and all your money will be gone.

    2. Re:Bravo, indeed... by One+Louder · · Score: 2, Funny

      Would any reputable company now risk involvement with SCO on any level?
      Here's one.
  12. Text of the response. by Anonymous Coward · · Score: 3, Informative

    Since the FSF website tends to get slashdotted easily, here is the text of the article.

    SCO Scuttles Sense, Claiming GPL Invalidity
    Eben Moglen

    Tuesday 19 August 2003

    Now that the tide has turned, and SCO is facing the dissolution of its legal position, claiming to "enforce its intellectual property rights" while actually massively infringing the rights of others, the company and its lawyers have jettisoned even the appearance of legal responsibility. Last week's Wall Street Journal carried statements by Mark Heise, outside counsel for SCO, challenging the "legality" of the Free Software Foundation's GNU General Public License (GPL). The GPL both protects against the baseless claims made by SCO for license fees to be paid by users of free software, and also prohibits SCO from its ongoing distribution of the Linux kernel, a distribution which infringes the copyrights of thousands of contributors to the kernel throughout the world. As IBM's recently-filed counterclaim for copyright infringement and violation of the GPL shows, the GPL is the bulwark of the community's legal defense against SCO's misbehavior. So naturally, one would expect SCO to bring forward the best possible arguments against the GPL and its application to the current situation. But there aren't any best arguments; there aren't even any good arguments, and what SCO's lawyer actually said was arrant, unprofessional nonsense.

    According to the Journal, Mr Heise announced that SCO would challenge the GPL's "legality" on the ground that the GPL permits licensees to make unlimited copies of programs it covers, while copyright law only allows a single copy to be made. The GPL, the Journal quoted Mr Heise as saying, "is preempted by federal copyright law."

    This argument is frivolous, by which I mean that it would be a violation of professional obligation for Mr Heise or any other lawyer to submit it to a court. If it were true, no copyright license could permit the licensee to make multiple copies of the licensed program. That would make not just the GPL "illegal." Mr Heise's supposed theory would also invalidate the BSD, Apache, AFL, OSL, LSL, MIT/X11, and all other free software licenses. It would invalidate the Microsoft Shared Source license. It would also eliminate Microsoft's method for the distribution of the Windows operating system, which is pre-loaded by hard drive manufacturers onto disk drives they deliver by the hundreds of thousands to PC manufacturers. The licenses under which the disk drive and PC manufacturers make multiple copies of Microsoft's OS would also, according to Mr Heise, violate the law. Redmond will be surprised.

    Of course, Mr Heise's statement is nothing but moonshine, based on an intentional misreading of the Copyright Act that would fail on any law school copyright examination. Mr Heise is referring to section 149 of the US Copyright Act, which is entitled "Limitation on exclusive rights: computer programs," and which provides that:

    (a) Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:

    (1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or

    (2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.

    As the language makes absolutely clear, section 149 says that although the Act generally prohibits making any copy of a copyrighted work without license, in the case of computer programs one can both make and even alter the work for certain purposes without any license at all. The claim that this provision sets a limit on what copyright owners may permit through licensing their exclusive right is utterly bo

    1. Re:Text of the response. by Tsu+Dho+Nimh · · Score: 2, Informative
      What Mr. Heise failed to read was section 106 of the copyright act ... The OWNER of the copyright has the EXCLUSIVE right to AUTHORIZE the following ... pretty damned near anything they want to ...

      106 Exclusive rights in copyrighted works
      Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

      (1) to reproduce the copyrighted work in copies or phonorecords;

      (2) to prepare derivative works based upon the copyrighted work;

      (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

      (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes,and motion pictures and other audiovisual works, to perform the copyrighted work publicly;

      (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and

      (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

      section 149 of the US Copyright Act, cited by Heise, ensures that despite the Section 106, the purchaser of software can make backup copies and such copies as are required to install and run the software.

  13. it's really very simple by SHEENmaster · · Score: 2, Funny

    If SCO "owns" a small fraction of a widely distributed whole, that whole in its entirety is SCO's property.

    If SCO doesn't own any part of a whole that it distributed in violation of copyright law, then copyright law is not applicable, for no specific reason.

    If you violate their property, you deserve to go to hell. If they violate much more of your property, tough luck. If they violate it again, tough luck.

    These guys have made the situation clear, why can't we just agree that they aren't affected by copyright law?

    --
    You can't judge a book by the way it wears its hair.
    1. Re:it's really very simple by MrGrendel · · Score: 2, Funny
      I think the real problem here is that McBride and his cronies have decided to apply the Toddler Law of Ownership to software. If SCO used some code in the past, the code belongs to SCO. If some code resembles something SCO already owns, the code belongs to SCO. If somebody else is using some code on their own computer, the code belongs to SCO. If SCO's freind (not that they have many) has some code, the code belongs to SCO. If Darl walks into a room and sees some code, the code belongs to SCO. If somebody talks about some code in Darl's presence, the code belongs to SCO.

      The only real hope for the OS community at this point is to just spell L-I-N-U-X so Darl won't know what we're talking about. Or maybe he'll crack his head open on a concrete floor when he throws himself down on the ground for the inevitable tantrum.

  14. Chewbacca Defense by Anonymous Coward · · Score: 5, Informative

    South Park creators Trey Parker and Matt Stone are huge Star Wars fans. There have been several Chewbacca references on the show.
    In the "Chef Aid" episode, Chef is accused of trying to steal the song "Stinky Britches," which he really wrote many years ago. The record company takes Chef to court, and they hire Johnny Cochran to prosecute Chef. The whole town is wondering if he will use his famous "Chewbacca Defense," which he used during the O.J. Simpson trial. Here's a transcript:

    Ladies and gentlemen of the supposed jury, I have one final thing I want you to consider: (pulling down a diagram of Chewie) this is Chewbacca. Chewbacca is a Wookiee from the planet Kashyyyk, but Chewbacca lives on the planet Endor. Now, think about that. That does not make sense! (jury looks shocked)
    Why would a Wookiee -- an eight foot tall Wookiee -- want to live on Endor with a bunch of two foot tall Ewoks? That does not make sense!
    But more importantly, you have to ask yourself: what does that have to do with this case? (calmly) Nothing. Ladies and gentlemen, it has nothing to do with this case! It does not make sense!
    Look at me, I'm a lawyer defending a major record company, and I'm talkin' about Chewbacca. Does that make sense? Ladies and gentlemen, I am not making any sense. None of this makes sense.
    And so you have to remember, when you're in that jury room deliberating and conjugating the Emancipation Proclamation... does it make sense? No! Ladies and gentlemen of this supposed jury, it does not make sense.
    If Chewbacca lives on Endor, you must acquit! The defense rests.
    Later in that same episode, Cochran has a change of heart and defends Chef when Chef sues the record company. Again, he uses the Chewbacca Defense, although with some minor changes:
    Ladies and gentlemen of this supposed jury, you must now decided whether to reverse the decision for my client Chef. I know he seems guilty, but ladies and gentlemen... (pulling down a diagram of Chewbacca) This is Chewbacca. Now think about that for one moment -- that does not make sense. Why am I talking about Chewbacca when a man's life is on the line? Why? I'll tell you why: I don't know.
    It does not make sense. If Chewbacca does not make sense, you must acquit!
    (pulling a monkey out of his pocket) Here, look at the monkey. Look at the silly monkey! (one of the juror's heads explodes)
    Eventually, Chef wins the case and all is well.

  15. On being deserted by Intel and HP. by Spudley · · Score: 3, Funny

    On SCO being deserted by Intel and HP:

    Hmm... why do the words "rats" and "sinking ship" spring the mind here?

    --
    (Spudley Strikes Again!)
    1. Re:On being deserted by Intel and HP. by BennyTheBall · · Score: 2, Insightful

      Actually, that analogy is a little flawed. If it was like that you'd have mammoth-sized rats fleeing from a 10ft skiff. I think the popular "avoid it like the plague" is a little more appropiate here.

  16. SCO translator-o-matic by Gherald · · Score: 5, Funny

    >We have tripled our cash position over the past four months.

    We have made multiple spurrious legal claims over the last four months, dramatically raising our stock prices after a steady decline.

    >SCO is actually going into business, not out of it

    We've hired more lawyers.

    > and we have turned the company around.

    We think with and speak through our asses now.

    > We are proud of that, and the future going forward is bright.

    Shhh! I think we are getting a way with this, the SEC hasn't noticed yet...

    > We have no long-term debt, cash balances are improved and we have reduced costs

    It's cheaper to litigate than actually produce a product

    1. Re:SCO translator-o-matic by NecroPuppy · · Score: 2, Funny

      We are proud of that, and the future going forward is bright.

      Shhh! I think we are getting a way with this, the SEC hasn't noticed yet...


      That light? It's at the end of the tunnel. From an oncoming train. Named IBM.

      --
      I like you, Stuart. You're not like everyone else, here, at Slashdot.
  17. We are up to a million lines of code! by Carl · · Score: 4, Informative
    Check it out:
    http://www.crn.com/sections/BreakingNews/dailyarch ives.asp?ArticleID=43982
    (Soon there will not be any original code left!)

    While it was difficult to ascertain the exact code being shown on screen, attorneys pointed to exact copying of some code from Unix to Linux and claimed that IBM improperly donated almost a million lines of Unix System V code to the Linux 2.4x and Linux 2.5x kernel that infringe on its Unix System V contract with SCO -- and SCO's intellectual property.

    SCO claimed that much of the core code of Linux including Non-Uniform Memory Access, the Read Copy Update for high-end database scalability, Journaling File System, XFS, Schedulers, Linux PPC 32 and 64-bit support and enterprise volume management is covered by SCO's Unix System V contracts and copyrights.

    For example, 110,000 lines of Unix System V code for read copy update, 55,000 lines of NUMA code and more than 750,000 lines of symmetric multi-processing code from Unix System V has made its way into Linux, attorneys and SCO executives claimed.

    1. Re:We are up to a million lines of code! by Snorpus · · Score: 2, Funny

      SCO must be right.

      After all, any halfway competent programmer could code RCU, NUMA, and SMP into 100K lines of code, max.

      If the code takes a million lines, it must have been done by the SCO Coders.

      Apologies to previous or current SCO coders... I know you could have done it in fewer lines, but you had to include all those annoying (C) IBM lines.

    2. Re:We are up to a million lines of code! by rgmoore · · Score: 2, Insightful
      For example, 110,000 lines of Unix System V code for read copy update, 55,000 lines of NUMA code and more than 750,000 lines of symmetric multi-processing code from Unix System V has made its way into Linux, attorneys and SCO executives claimed.

      Why does this sound as if somebody just ran the whole directory tree for each of these areas through wc and recited the total number of lines?

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    3. Re:We are up to a million lines of code! by Arker · · Score: 5, Insightful

      55,000 lines of NUMA code [...] has made its way into Linux, attorneys and SCO executives claimed.

      That would be a nice trick, since SysV didn't have NUMA.

      SCO is so full of shit it's not even funny.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    4. Re:We are up to a million lines of code! by mewyn · · Score: 5, Interesting

      I just did some checks on my current kernel, 2.6.0-test3.

      There is about 5.4 million lines in all of the .c, .S, and .h files. Seperating that out, taking the most likely parts of the kernel that would have any of these parts in question: arch, fs, include, kernel, and mm, they only have 2.1 million lines in the files. Seperating even further, taking out the files that SCO has not a chance having any IP in, it brings it down around 900k lines. Now, I know that SCO does not have ALL of the IA32, IA64, PPC, Kernel, and MM code. Also, I counted out any files that have to do with NUMA, and the lines from those total less than 2,500.

      Have we yet proven SCO is full of it?

      mewyn dy'ner

    5. Re:We are up to a million lines of code! by nathanh · · Score: 2, Interesting
      For example, 110,000 lines of Unix System V code for read copy update, 55,000 lines of NUMA code and more than 750,000 lines of symmetric multi-processing code from Unix System V has made its way into Linux, attorneys and SCO executives claimed.

      Hrm, those figures are suspicious. Look at this:

      aaf22607:linux-2.6.0-test2# grep -irlE '_smp|smp_' . | xargs -n 10000 -s 100000 wc -l | grep total
      1130736 total
      aaf22607:linux-2.6.0-test2# grep -irlE '_rcu|rcu_' . | xargs wc -l | grep total
      88110 total
      aaf22607:linux-2.6.0-test2# grep -irlE '_numa|numa_' . | xargs wc -l | grep total
      41671 total

      Those numbers are within the same ballpark as SCO's claims. I think SCO is counting every line in every file that touches the 3 technologies.

      The SMP example is noteworthy because many matching files are simply including an SMP header (smp_lock.h) so they can use spin_lock and spin_unlock. That's necessary for the code to be SMP-safe. SCO must intend to argue that anything linked against the SMP core constitutes a "derivative work". So because SCO claims to own the SMP core they also claim ownership of all code linked against it. That would explain the 750kLOC figure they've been throwing around.

    6. Re:We are up to a million lines of code! by jrumney · · Score: 2, Interesting

      They are probably counting the lines in every point release of 2.4 and 2.5 and adding them all together to get the final number.

  18. SCO's grasp at straws by Experiment+626 · · Score: 5, Informative
    Linux is a copyrighted work. Copyright law allows you to make a single copy of something for backup purposes, unless you have the permission of the copyright holder, in which case you can make all the copies you want.

    The GPL just spells out under what circumstances the copyright holder is willing to give you that permission.

    SCO's argument rests on the fact that since one of these cases outlines how to lawfully make one copy of something, and the other deals with how to make unlimited copies of it, they must somehow be mutually exclusive. This is completely illogical. It is like saying that because it is possible to get a one ride ticket for the bus, it must therefore be illegal to buy an all day pass. Sorry SCO, your reasoning seems just a little bit flawed...

  19. Re:Chewbacca defense? by NecroPuppy · · Score: 3, Informative

    Try here

    --
    I like you, Stuart. You're not like everyone else, here, at Slashdot.
  20. Re:SCO to sell Samba product... by Anonymous Coward · · Score: 5, Insightful

    What gives? First they blast the GPL, then proudly exclaim that they're using GPL'd software to extend their capabilities. They blast GPL programmers as being stupid, then get applause when advertising GPL'd software. This is shit. Samba, pull your head out of your ass and revoke their right to use/distribute your software. They're attacking the GPL and can't be trusted to abide by any of the GPL's provisions. Sheesh.

  21. the right to buy a second home??? by The+Lynxpro · · Score: 4, Insightful

    Does McBride even live anywhere in Northern California? There are plenty of wage-slaves out here (myself included) that cannot even afford to buy a FIRST HOME, let alone even begin to lust after further real estate like Tom Vu on an infomercial... I guess you could craft an analogy to SCO's profit motives from the following rental unit tale: Mr. McBride is hired by a landlord to squeeze out more profit from an inherited starter-home. The former owners bought the modest home and began making repairs and other improvements to the property. They then were successfully able to find tenants who leased the property. The owners/landlords then mysteriously vanished, presumed deceased. The tenants became the most popular people on the block because they threw great parties, but never rocked-the-boat with the other neighbors. The new owner (who inherited the property) found out from another neighbor the previous owners put in a lot of improvements in the property which caused the tenants so much fanfare in the neighborhood. The owner became jealous because nobody wanted to come over to his own houseparties down the street. The owner found a napkin in another neighbor's trashbin indicating some of the property's improvements, written down based upon observation at the last fondu (sic) party. The notes on the discarded napkin matched some informal notes the deceased owners wrote down on a legal pad. The jealous owner became livid and saw an ad in the Pennysaver from a Mr. McBride claiming he could sell refridgerators to the Inuit and he could bring his expertise to anyone for a nice slice of the pie and a $5 downpayment. Mr. McBride came to town and listened to the whole story. Mr. McBride, a FOB (Friend of Bill) then hires a skilled attorney to figure out a crafty legal strategy out of claiming monies from the tenants based upon the *unjust* enrichment they received from the goodwill of the deceased owners prior to signing their lease agreement. Because the lease agreement was written using a revolutionary new form of compact (ie contract) favored by new-agers, McBride and Company claim it is null and void. The property in question is at the intersection of Caldera Drive and Torvalds Way...

    --
    "Right now, somewhere in this world, Scott Baio is plowing a woman he doesn't love," - Peter Griffin, *Family Guy*
  22. SCO to face racketeering charges? by Iphtashu+Fitz · · Score: 5, Informative

    The last paragraph of the Rumor Central column of eWeek this week claims that a couple of big unnamed linux shops are considering racketeering charges against SCO because of their recent actions. The clip states that at least four more companies would have to come forward.

    One a similar note eWeek is also reporting that members of the open source community have approached SCO with a proposal for viewing the supposed offending code.

  23. SCO shows the alleged "stolen" code by Anonymous Coward · · Score: 4, Interesting

    Well, at least according to their executives, which I have my doubts. The PHBs could have just show them the whole linux source code, and I doubt most people in the audience would have a clue.

    I do wonder if the investors didn't have to sign NDAs and if someone was able to take note of those "stolen" lines of code.

    Best quotes from the article:
    McBride said pattern-recognition experts SCO hired have ferreted out a slew of infringing code in Linux.
    Yeah sure, who are these pattern-recognition experts and are they your executives?

    "They have found already a mountain of code," McBride said. "The DNA of Linux is coming from Unix."
    Only thing I can say about this is it sure sounds like a good PR FUD line to use to increase investor confidence.

    1. Re:SCO shows the alleged "stolen" code by viperblades · · Score: 2, Funny

      but this is better. "In terms of obfuscating code, Sontag said SCO has gone through millions of lines of code and developed methods to find similarities. "We have rocket scientists who have applied their spectral recognition and pattern analysis to software, which has yielded amazing results. We have found needles in the Mount Everest-sized haystack," Sontag" and dont forget A tongue-in-cheek movie clip here Monday morning at the start of its SCO Forum 2003 event, purporting to show an average day in the life of McBride, consisted of actual footage of Pierce Brosnan from a James Bond movie. In his keynote address, McBride explained that there are striking similarities between SCO over the past year and a Bond movie. "The past year had been much like a Bond movie, with attacks and counter attacks, but in the end Bond never dies," he said to applause. " "

  24. Miscounted, somewhere? by posternutbaguk · · Score: 3, Insightful

    From one of the (many) articles:

    "[SCO] said, for example, that more than 829,000 lines of SMP code had been duplicated in Linux."

    829,000 lines for symmetrical multiprocessing code in Linux? I don't have the stats to hand but I seriously doubt that.

    1. Re:Miscounted, somewhere? by Anonymous Coward · · Score: 2, Funny

      259062.5 lines of code * 2 processors = 518125 lines of code * 1.6 (because some computers are faster than others) = 829000 lines of stolen code.

  25. Way ahead of you, man by SuperBanana · · Score: 4, Funny
    I'd be willing to sign onto or even help organize a boycott of SCO and their products. Is anyone in the process of doing this?

    Most of the world has been, uh, "boycotting"(not buying) SCO products for years. Hence the publicity/money/attention grab :-)

  26. Taking the wind out of their sails... by Wesley+Everest · · Score: 4, Interesting
    So I was thinking -- SCO is using these alleged copied lines of source code to spread their FUD. And they are having some success because their claim is currently unverifiable, so some people are unsure -- maybe there is a violation...

    Now, if we could get a hold of their evidence we could either expose it as a fraud or, in the unlikely event that there is some truth to their claims, clean up Linux source to be legal. But since they require an NDA to see the evidence, you'd have to break the law to show that Linux isn't breaking any laws.

    If only we could see their evidence legally without signing an NDA...

    So then I got to thinking. If we knew what compiler and compiler options SCO used when they built their version of unix, we could build linux with that compiler and compiler options and have some pattern matching utility search for potentially duplicate machine code.

    Then, we could look at the Linux source for the code in question, and follow the electronic paper trail to find when it was first submitted. If we could have proof that the Linux submitter was the original author, then we have proof that at least some of SCO's alleged pirated code was, in fact, pirated from Linux by SCO. If the code was of questionable origin, then we could clean-room reverse-engineer a replacement.

    Anyone know how one might identify the compiler SCO used on a particular release of unix?

  27. Seems a key point by martissimo · · Score: 2, Insightful

    The whole time this has been ongoing the people have been saying "show us the code", now they are starting to do just that. As I recall there was a very similar correlation between Unix and BSD a long while back, the end result was some offending code being removed and the case being over with no other real repercussions.

    Forget the zealotry of we are right and they are wrong, why not look at the code they now show to be infringing and just get rid of (or change) it?

    Legal precedent is on the side of this action being the correct one (from my somewhat foggy memories)

    1. Re:Seems a key point by kevinz · · Score: 5, Insightful

      That is the whole problem from SCO's point of view. If the whole thing goes away they can't continue to sell the stock and enrich the board. IIRC, they've even said as much. To paraphrase: "We'd show you the code, but then teams of open source would remove the code and replace it with their own versions, and then where would we be?" If nothing else, this seems to prove the old adage "There is no such thing as *bad* publicity." I don't know if they've gotten any non-M$ revenue from this, but the stock is up, and they are back in every trade magazine in the country. Who was talking about SCO before the lawsuit? How many people even knew SCO existed back then? Of course that begs the whole exit strategy issue. Press release: "The SCO Group announced today that in the interest of good will they have agreed to abanden their lawsuit against IBM. IBM has also agreed to impelemnt processes and procedures to protect the intellectual capital of all independant software vendors to better protect the livelyhood of programmers everywhere. Finally, in an effort to help prompte open source software the SCO Group has established a multi-million dollar fund to be used to promote and develop open source solutions."

      --
      kevin zollinger - kevin@mailsoap.com Spam Free Email!
  28. Why challenge the GPL? by epicurius · · Score: 5, Interesting

    I dont get this. SCO owns copyrights to Sys V Unix. Claims violation of confidentiality provisions in IBM contract, sues IBM for the same. So far, it has some amount of believability. Even their Caldera Linux distro is not necessarily fatal to their case, they are arguing ignorance anyway. So why this totally redundant campaign against the GPL? And how does a tiny company like SCO manage to get this much press attention? The guys who sued MS and won a court judgement certainly got nowhere near this much press. Sure the activism of Linux advocates explains some of it but still.. Could there be more to this than meets the eye?

    1. Re:Why challenge the GPL? by dmaxwell · · Score: 2, Interesting

      But I would be surprised if they ever find any proof.

      Agreed.

      I seriously doubt there is any sort of smoking gun on paper. If MS or Sun was directly involved, then it was some board level people in a face to face meeting. The only remotely possible way I could see that coming out is if the rumored push for RICO charges got some steam or maybe an SEC probe. Basically, a weak SCO sister would be offered a deal to roll over his boardroom butt buddies or be the scapegoat who gets to go to pound-me-in-the-ass prison. I don't see that happening and I don't see any reporters digging up anything either.

  29. Classic Usenet Tactic by matthewg · · Score: 3, Funny
  30. Stupidity? by sterno · · Score: 4, Insightful

    It's not stupidity, it's a great way to make some quick money. I mean, it's underhanded, and ultimately futile, but you can't deny that the execs and shareholders are making a quick buck.

    In the end, what SCO is doing isn't illegal, and it won't get any of them in hotwater unless somebody can proove that they filed the suit only to get the stock up, knowing full well it was a baseless lawsuit. Their claims hold just enough water to keep them safe even if they won't stand up in court.

    This is a great demonstration of what is wrong with the focus on creating short term profits in corporate america. The SCO execs are not only sniking the future of their company, but potentially the future of other companies. They are doing so, blindly, for the quick buck.

    --
    This sig has been temporarily disconnected or is no longer in service
    1. Re:Stupidity? by Courageous · · Score: 3, Insightful

      In the end, what SCO is doing isn't illegal,...

      Hrm. In the sense of the common law, it *is* illegal to bring frivolous cases to court. Tortious interference is illegal, as is trade libel, and so forth. So I wouldn't be so sure about labeling what they are doing "not illegal," if I were you.

      C//

    2. Re:Stupidity? by HBI · · Score: 2, Interesting

      Hrm. In the sense of the common law, it *is* illegal to bring frivolous cases to court. Tortious interference is illegal, as is trade libel, and so forth. So I wouldn't be so sure about labeling what they are doing "not illegal," if I were you.

      The rub is in proving it. The judge is going to have to be really pissed at SCO for that to get anywhere. I was somewhat surprised that Mr. Moglen used that word. It is a very loaded term - one of the worst curses you can utter against another lawyer (they are immune to all the normal ones, you see). It insults their ethics, for one thing.

      Not suggesting they didn't deserve it, but we should take that as a sign of disgust and hatred towards SCO that that word escaped him in a moment where he was clearly trying to be as accurate as possible.

      --
      HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
  31. Re:Boycott SCO? by Experiment+626 · · Score: 5, Insightful

    I like the idea, but I'm not sure it would do any good. The current incarnation of SCO doesn't seen to care very much about selling any products. Their present business model revolves entirely around litigation, extorting money from Linux users, and spreading FUD to artificially inflate their stock price. While you might boycott them by not buying into their protection racket license, and removing any legacy SCO Unix you might be running, I'm afraid it wouldn't affect their bottom line nearly as much as with a traditional sales-driven corporation.

  32. We need to lobby any vendors still supporting SCO by gstaines · · Score: 3, Informative
    Its obvious that hurling abuse at SCO, while uplifting, is not going to change the way they are behaving. Far from it, it seems that we are in effect playing into there hands drumming up publicity for these cretins.

    I think that it would be more effective to lobby (and by that i dont mean output from the insult generator) any vendors that still have some sort of relationship with SCO.

    The easiest would be any company that also has an Open source/ Linux relationship. Make them know how we feel. And how their relationship with SCO may sour the relationship with the linux community

    Gordon Staines

  33. Re:FSF calls Redmond. Come in Redmond. Anyone ther by arkanes · · Score: 2, Interesting

    I dunno, it'd be kinda cool if the win. Since they seem to be claiming that the GPL is trumped by federal copyright law, which only allows one copy, and this somehow means that the GPL is not only invalid, but the rest of the code is freely distributable, then it'd mean that pirating any software that comes with a distribution license is now legal.

  34. Another company known for not respecting IP... by whoever57 · · Score: 2, Interesting

    One of the keynote speakers is Maggie Alexander, "VP Marketing Operations and Planning The Progress Company". AKA Progress Software

    Try googling on mysql "progress software" gpl or click this link

    --
    The real "Libtards" are the Libertarians!
  35. Re:Sco Is reportedly showing the code by rdean400 · · Score: 2, Interesting

    It's things like this that make me believe that the only proper way for this to shake out is for the FSF to sue SCO for GPL infringement and seek a permanent injunction barring them from distributing any code distributed under the GNU General Public License. That should really kick them in the nuts, because they'd have to build their own stuff (compiler, SMB server, among others) for a change.

  36. heard through the grape vine by linuxislandsucks · · Score: 4, Interesting

    I heard through the grape vine that Monday's slide talk by McBride showed codde that supiciously matches code donate by Caldera employees to Linux..ie SCO Group..

    Can anyone get copies of the slides to verify this?

    --
    Don't Tread on OpenSource
  37. Re:McCarthy would be proud by Mesaeus · · Score: 3, Funny

    658, Comrade

  38. ANNOUNCEMENT by dbc001 · · Score: 3, Funny

    To: All Linux Users
    Re: Proprietary Code being used in Linux

    I have recently discovered that some of my personal code has found it's way into the most common Linux distributions. I will begin legal preparations immediately, but for the time being, if you are using Linux you are probably using some of my intellectual property.

    I am offering a "good will" software license to those who wish to stay within the law: those users who contact me within the next 72 hours can purchase a license to use my code for $299 US (significantly less than some others are asking for access to their code!). I will take legal action against all Linux users who do not contact me within the next 72 hours. I have recieved a number of queries as to which code belongs to me, and unfortunately I cannot reveal this for obvious legal reasons.

    I have also found that some of my intellectual property is being used in most automobiles, and my lawyers are preparing lawsuits against some of the larger auto manufacturers. Again, I cannot reveal which parts of the cars I have IP rights to, for obvious legal reasons.

    If you are using Linux and do not contact me immediately, I WILL SEE YOU IN COURT!!

  39. Re:The End is Near by netsharc · · Score: 4, Insightful

    Man, he does look like he was a fucking jock earlier in life, whose career path is of course bullshiting his way into management, who's never related to or respected the nerd culture. just one major asshole. "The DNA of Linux is SCO code."? Fuck you man!

    --
    What time is it/will be over there? Check with my iPhone app!
  40. "Read Copyright Update"? by Jeremi · · Score: 5, Funny
    From the article:


    Sontag said these include NUMA (non uniform memory access), Read Copyright Update (RCU), Journal File System and schedulers.


    Is "Read Copyright Update" SCO's new business model then?

    --


    I don't care if it's 90,000 hectares. That lake was not my doing.
  41. HP by El · · Score: 4, Interesting

    HP distributes thosands of copies of Linux every day embedded in HP devices. SCO has now put HP on notice that it owes them $32 for every copy of embedded Linux it distributes. Gee, I can't think of any reason HP would be unhappy with SCO... can you?

    --

    "Freedom means freedom for everybody" -- Dick Cheney

  42. SCO's Profits by Bruha · · Score: 4, Interesting

    Sadly maybe the world would be different had the Nasdaq delisted them.

    In a report card update on the company over the past year since he joined, McBride said he had acheived his first mission, which was to increase company value. A year ago the stock was trading around $.66 and the company was capitalized at some $8 million. Days after McBride took the helm at SCO, the Nasdaq sent a delisting notice informing SCO that it needed to get its stock price above $1 again to avoid being delisted. This raised customer concerns about the financial security of the firm and its viability. SCO now has a market capitalization of more than $130 million, McBride said. A year ago the company was sitting on just two quarters of cash and was about "to go out," but a belt tightening effort and aggressive sales campaign had changed that. "We have tripled our cash position over the past four months. SCO is actually going into business, not out of it, and we have turned the company around. We are proud of that, and the future going forward is bright. We have no long-term debt, cash balances are improved and we have reduced costs," he said.

    As you can see from the above more proof that the FUD attacks against Linux has only served to increase their bottom line. McBride admits this publicly at a confrence. While at the same time he's dumping the same stock he claims to have turned around. So it seems to me that he does not have much faith in the company. Another sad fact is the silence from the SEC about all this. Clearly this is stock manipulation in the worst light. A small company on the verge of going out of business begins to spread rumors that other companies owe them big bucks and suddenly people jump on the bandwagon becuase they know the stock will shoot up if such a case won in court. In fact the stock has gone up over 1000% in the last 4 months and people have made a profit at the expense of Linux and frankly I dont see how the damage can be reversed at all. Yes more people know aobut Linux but now they're just saying "There's that OS. Looks nice but I'm not going to buy it and have to pay a fee to SCO" Seriously I heard that the other day at a CompUSA when someone was considering a copy of RedHat Pro for 99.00 which I sorely missed by one day cause I misread the label *cry* but back to the topic here. Linux is damaged, the SEC is doing nothing, and McBride and his cronies are raking in the cash. I'm sure the Jailed company Exec's are screaming from their cells to get the SCO crew to join them also. Must be torture to watch someone commit the same crimes you're imprisioned for but nobody's doing anything.

    Life will be fun if the court decides that SCO is in error. But if such a decision comes about the stock will be worth .02 cents and of course SCO will appeal and drag it through the courts. Even then if it is still proved wrong those who paid the license fees will not be able to get a refund becuase by then SCO will have declared bankruptcy.

  43. Another tidbit about SCO by mewyn · · Score: 5, Interesting

    I've been doing a lot of Google News trolling for SCO lately. Sometimes for a good laugh, sometimes to get my blood up to a good boil. Found this article at CRN about SCO bashing IBM and RedHat's counterclaims.

    SCO Blasts IBM, RedHat Counterclaims

    Best part about it:

    "We're fighting for a right in the industry to make a living selling software," McBride said. "The whole notion that software should be free is something SCO doesn't stand for. We have drawn the line. We're supposed to be excited about that and we're not."

    Now, if I'm not mistaken, SCO uses the GCC compiler, and Samba (and is using Samba 3 as a big part of their new OS plans) which are both free software. I'm also sure they are using Apache and many other free software packages. It seems free software is just fine and dandy in SCO's eyes as long as it's not infringing on their marketshare.

    mewyn dy'ner

  44. Re:Term for McBride's stupidity... by Impotent_Emperor · · Score: 2, Funny

    His own last name should suffice.
    "Don't pull a McBride."
    or
    "I really did a McBride-job on that test."
    or
    "That movie was so McBride."

  45. Boycott SCO? How? by dcavanaugh · · Score: 2, Interesting

    What do they have to sell? Aside from Linux licenses, what is there to not buy?

  46. Re:Boycott SCO? by bersl2 · · Score: 2, Funny

    Every time I go to Barnes & Noble, I find the (three) SCO-related books and hide them.

    I do my part to help.

  47. They're already specific about the code by roystgnr · · Score: 2, Insightful

    It's RCU, it's NUMA, it's SMP, it's a whole bunch of code that SCO didn't write, didn't buy, and doesn't own, but that they believe they have total control over because of their interpretation of a contract that supposedly reassigns to them any code that ever gets linked with a line of System V.

    If you want to see their evidence, you'll need to start reading their contracts, not their source code. Any attempt to compare binaries will be hampered by the fact that SCO thinks they own code that they've never even seen, much less compiled.

  48. Cancel CRN subscription by bstadil · · Score: 4, Interesting
    CRN sponsored SCOForum despite emails asking them not to. If you get a free CRN subscription, do as I, go ahead and cancel here

    Businesses needs to learn that if they support SCO they wil be treated like pariahs.

    --
    Help fight continental drift.
  49. Chutzpa by Snorpus · · Score: 3, Insightful

    You gotta admire Darl and Mark and Chris. No, really, think about this...

    Without presenting any evidence, or even quasi-evidence, just claims and lawsuits and a magical waving of the arms, they have managed to bring SCO from the verge of being de-listed by NASDAQ (share price under $1.00) to becoming a Wall Street darling, because the share price is now over $10.00.

    I'll bet the actual IP of RCU, etc. has already been covered in Operating Systems Courses at dozens of Universities.

  50. Re:FSF calls Redmond. Come in Redmond. Anyone ther by rodgerd · · Score: 2, Interesting

    The logical inference would be that any BSD code Microsoft ship is illegal (since the agument against the GPL holds for BSDL), and that most of Microsoft's enterprise licenses are potentially illegal (since they involve more than the 1+1 scheme SCO are asserting).

  51. We Don't Need No Stinkin' Electrons by judmarc · · Score: 2, Funny

    Darl McBride: "Our friends at the Nasdaq told us that with the recent blackout in the North East[ern United States], SCO's servers had "popped right back up," he said.

    Guess that's in contrast to all the other servers that needed electricity, eh?

  52. Don't feel so entitled by IncohereD · · Score: 2, Flamebait

    Then move to India, buy cheap products, start forming unions, make the standard of living rise, make salaries and prices go up until it's on par with the G7, then move home. Contrary to what dubya tells you, you have no God-given right to make more money, buy more stuff, etc. than the rest of the world. When the WORLD'S minimum wage problem is sorted out, then you can start whining about fair.

    And don't give me any of that America innovates bullshit. The lionshre of America's innovation is coming from all the foreign grad students it hasn't labeled terrorists, who then start businesses, etc.

  53. Indeed by Arker · · Score: 4, Interesting

    I think this would be a great time for the Samba team to serve SCO a C&D. I'm sure someone will be willing to step up and handle the legal fees? IBM? Redhat? Anyone else?

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  54. Interview with Darl, not for faint of heart by bstadil · · Score: 5, Informative
    Interview today. I have posted the interview here rather than make a link to CRN as they are sponsoring SCOForum and do not deserve the Hits.

    SCO CEO Darl McBride met Monday with CRN senior editor Paula Rooney to talk about the company's Unix crusade and product plans. The interview took place at the SCO Forum 2003 in Las Vegas. CRN is a sponsor of the conference.

    CRN: SCO attorneys say if there is no settlement, a trial would begin in April 2005 and last roughly five weeks. Following that, there could be appeals. Is there any chance SCO can expedite this case to free up customers, partners and vendors so that the Linux industry doesn't get hurt?

    McBride: We tried to move this along, but IBM kept asking for delays. Now with the counterclaim and patent infringement, it could go even longer. IBM can put this on a slow track [with additional legal moves]. But IBM might be throwing hard balls to [get ready] for the soft pitch [to settle].

    CRN: Why do you say that? What's happening behind the scenes? Might this case be resolved quietly, rather than become the intellectual property [IP] case of the century?

    McBride: They're putting this on a [slow, legal] path. But customers have been putting pressure on IBM to get this resolved. This is not a case IBM can get knocked out on -they'd be filing motions to dismiss the case [if they thought they could win]. Our case is up to $3 billion- they'd have to come up from a few hundred million dollars to settle. Every month, we keep finding more and more [Linux code that violates out Unix System contract]. We'd want a settlement and royalty [on Linux] going forward.

    CRN: Have you met with Linus Torvalds yet, especially since he has become an OSDL fellow? What is your assessment of the open source community activities?

    McBride: I've talked to him via e-mail. He's very pragmatic and tends to be a racehorse with blinders on ..he doesn't want to know about IP or [commercial issues] He readily admits that IBM has put a lot of code in Linux and says if you want to pursue it ]legally], go ahead. But I said to him, 'I appreciate you didn't create the problem, but you have inherited it. But he won't sign an NDA. There's a lot of discussion going on at the OSDL, IBM and open source community they're working though.

    CRN: Many in the open source community are upset about the impact of this case on the Linux industry. Open source guru Eric Raymond-among many others - say they are respectful about IP issues but they are challenging SCO to specify exactly which code it believes to be infringing, by file and by line number, and on what ground it is infringing.

    Raymund says the open source community is not willing to sit idly by while SCO asserts proprietary control, and the right to collect license fees, over the entirety of Linux. What do you say to that? Why doesn't SCO just leave Linux customers, partners and developers alone and out of its dispute with IBM?

    McBride: That's like if someone comes into your house while you're sleeping, takes your jewels, and as you start chasing them down [to retrieve your property], and now they want to say you're the one doing the bad thing. I have to read [Eric Raymond's letter] and am meeting with [The Linux Show's]Jeff Gerhardt on it later.

    CRN: SCO shares, as you mentioned during your keynote, have soared from less than a $1 to over $10 since you took the reigns and since the case began. There have been some reports of SCO executives recently trading shares. This casts some doubt in the minds of some about the integrity of SCO's allegations against IBM.

    McBride: I personally haven't sold any shares. [laughter]Look, Red Hat executives have sold over 500,000 shares just since January. [Other SCO execs sold shares to offset tax losses but does not know more than that.

    --
    Help fight continental drift.
  55. Re:SCO to sell Samba product... by snilloc · · Score: 4, Interesting
    Samba, pull your head out of your ass and revoke their right to use/distribute your software.

    They can't keep SCO from distributing a GPL'd Samba unless the Samba folks can show that SCO has violated Samba's copyright terms (ie, the GPL as it applies to Samba).

    However, it seems to me that Linus and other Linux copyright holders CAN and should demand that SCO stop "licensing" Linux. SCO can't license "their" part of Linux and still distribute the whole kernel as GPL. They're trying to have their cake and eat it too with respect to the GPL - and that's giving them the benefit of the doubt about their supposed IP rights in the kernel.

  56. SCO OWNS Bond by glenebob · · Score: 4, Funny
    "Amusingly, Darl McBride started his rant about copyright infringement by copying some footage from a James Bond movie."

    Actually, Darl had a dream about some footage just like that, back in 1962. Therefore, the entire Bond series is one big derivitive work based on that one dream, which makes SCO the rightful owner of all Bond IP.

    As soon as this Linux thing blows over, they'll be charging anyone who ever watched any Bond movies $500 to be in compliance. Next year, the price goes up to $1500 per viewing, per retina.

    And tomorrow, I'm going to load up on SCO stock so I'll be ready for the phat profits!

  57. No it isn't. by roystgnr · · Score: 3, Interesting

    "believe they have total control over because of their interpretation of a contract that supposedly reassigns to them any code that ever gets linked with a line of System V"

    Funny, the GPL is the same dam way...


    The GPL, whether you agree to it or not, does not reassign any copyrights on any code you link to GPLed code or remove your right to do anything you wish with code you wrote.

    Also, despite popular Slashdot urban legend, the GPL does not automatically turn your code into GPLed code if you release it linked to GPLed code. It offers you that option (as well as the option of releasing your code under any other GPL-compatible license) as one way to allow you to redistribute works derived from GPLed code without having to negotiate a new license with the author or violate copyright law. If you ignore these options and release an amalgam of your own code and GPLed code, it means that you're violating copyright law, not that you've accidentally relicensed your code or relinquished your copyright to it.

    And the fact that you don't relinquish rights to anything you write is the most important distinction between the GPL license and the contracts that SCO claim to have with Sequent and IBM: code that you write and link to GPL'ed code is still your code. If you want to legally distribute this code linked with the GPL'ed code, then you have to distribute it under a GPL-compatible license, but while that license does grant additional rights to others it does not remove any rights from you. If, say, you write a new feature for Emacs, you cannot legally redistribute your modified Emacs except under a mixed GPL+compatible license, but you can then take your new code and tack it on to your own text editor which you may distribute under any license you want.

    According to SCO's claims, as soon as someone linked NUMA code with System V code, somehow SCO gained the right not just to use that NUMA code themselves, but to prevent the original authors from using the code how they wish! Under that theory SCO could have sued IBM for distributing "their" code in AIX even if IBM had never touched Linux. It's of course theoretically possible that Sequent or IBM signed such a contract, or even that at some point IBM signed a contract which transfers ownership of the whole damn company to SCO, but I wouldn't take SCO's lawyers' (much less their executives') word for it after reading about their ludicrous ideas about copyright law "invalidating" the GPL.

  58. Re:The End is Near by asr_man · · Score: 4, Funny

    That picture is from way back. Or at least after a glamour remake. The true Darl has bed head, fake smile, 5-day sloppy goatee, 29% body fat, and sports rumpled colorless business fashions.

    You can't fool me Darl. You only look like an OSS developer.

  59. It's disgraceful :-) by adrianbaugh · · Score: 3, Funny

    The entire linux kernel has been constructed from SCO's IP, by judicious copying and pasting of the individual ASCII symbols that form SCO UNIX' source.
    In related news, SCO will also be suing Logitech, Cherry and Microsoft under the DMCA: the keyboards made by these leading manufacturers, among others, are in fact blatant copy-prevention mechanism circumvention devices designed to allow 'programmers', or pirates as we like to call them, to re-use SCO's valuable ASCII IP one character at a time. "It's just so easy," said McBride. "You just press the buttons, and tiny fragments of the SCO UNIX source appear. People making devices like this are worse than baby-murderers."
    SCO refused to comment on speculation that they may ask for a retroactive injunction against distribution of the Bible, which can also be represented in ASCII.

    --
    "'I pass the test,' she said. 'I will diminish, and go into the West, and remain Galadriel.'"
    - JRR Tolkien.
  60. I was just there by Billly+Gates · · Score: 2, Interesting
    I live in Las Vegas and attended part of the forum today at the Mirage.

    McBride showed 60-100 lines of code. They were precise including the comments. However its possible that the duplicate code was from RCU from sequent so the verdict is still out. I am not a coder and McBride did not say which file it was.

    Anyway he showed more examples in the linux kernel including the SysV initialization code. THe Unixware version was similiar accept it had break/switch statements while the linux version did not. McBride went on saying that 829,000 lines of code were way too similiar and I could view them if I sign a NDA. I refused.

    For more info look here.

    IBM may have including code from sequent and the courts have to find out which license IBM was bound by. I personally think its evil that SCO can claim ownership of something they do not even own because of a piece of paper 15 years ago. Its rediculous.

  61. Papa McBride and the backup copy by Thurn+und+Taxis · · Score: 3, Funny

    Darl "The Man Who Couldn't Spell Daryl" McBride was quoted as saying "The very DNA of Linux is coming from Unix". Later that day Tler McBride, the father of Darl, moved for an injunction in federal court to prevent Darl from living. "His DNA is unfairly derived from mine," Tler said, "and unless he's willing to pony up $699 per cell for a license I just can't allow him to continue stealing from me like this."

    Darl replied with a lawsuit of his own. "Copyright law specifies that you're allowed to make one, and only one, copy of your DNA, for archival purposes only. We've convinced people who have signed our NDA, and we will prove in court that Tler McBride created billions of copies of his DNA over the course of several years, and distributed those copies to the public using the GPL (Governmental Public Lavatories) as a cover." McBride added, "Free as in beer may have brought him and my mother together, and may have brought Bill and I together, but if you pinko commies think you can stop us from exploiting the marketplace for personal gain, you've got another thing cumming! Except for the DNA, of course, which is constitutionally protected."

    --
    On stereophonic equipment, the monaural sound obtained through multiple channels will enhance your listening pleasure.
  62. OT: (You forgot the best part....) by TitaniumFox · · Score: 5, Funny

    SCO: So, it is down to you, and it is down to me...if you wish Linux dead, by all means keep moving forward.
    IBM: Let me explain...
    SCO: There's nothing to explain. You're trying to kidnap what I have rightfully stolen.
    IBM: Perhaps an arrangement can be reached?
    SCO: There will be no arrangements...and you're killing Linux.
    IBM: But if there can be no arrangement, then we are at an impasse.
    SCO: I'm afraid so. I can't compete with you physically, and you're no match for my brains.
    IBM: You're that smart?
    SCO: Let me put it this way: Have you ever heard or Kernighan, Ritchie, Torvalds?
    IBM: Yes.
    SCO: Morons!
    IBM: Really! In that case, I challenge you to a battle of wits.
    SCO: For the kernel? To the death? I accept!
    IBM: Good, then untar the source code. [SCO# tar -xvfz code] Inhale this but do not touch.
    SCO: [taking a vial from IBM] I smell nothing.
    IBM: What you do not smell is our patent portfolio. It is odorless, tasteless, and dissolves instantly in source code and is among the more deadly portfolios known to man.
    SCO: [shrugs with laughter] Hmmm.
    IBM: [turning his back, and adding the patents to one of the code trees] Alright, where are the patents? The battle of wits has begun. It ends when you decide and we both compile - and find out who is right, and who is dead.
    SCO: But it's so simple. All I have to do is divine it from what I know of you. Are you the sort of company who would put the patents into his own source code or his enemies? Now, a clever man would put the patents into his own goblet because he would know that only a great fool would reach for what he was given. I am not a great fool so I can clearly not choose the code in front of you...But you must have known I was not a great fool; you would have counted on it, so I can clearly not choose the code in front of me.
    IBM: You've made your decision then?
    SCO: [happily] Not remotely! Because Linux's SMP code originally came from England(1). As everyone knows, England is entirely peopled with criminals. And criminals are used to having people not trust them, as you are not trusted by me. So, I can clearly not choose the code in front of you.
    IBM: Truly, you have a dizzying intellect.
    SCO: Wait 'till I get going!! ...where was I?
    IBM: England.
    SCO: Yes! AH! And you must have suspected I would have known the source code's origin,so I can clearly not choose the code in front of me.
    IBM: You're just stalling now.
    SCO: You'd like to think that, wouldn't you! You've beaten my giant, which means you're exceptionally strong...so you could have put the patents in your own code trusting on your strength to save you, so I can clearly not choose the code in front of you. But, you've also bested my Spaniard, which means you must have studied...and in studying you must have learned that Man is mortal so you would have put the patents as far from yourself as possible, so I can clearly not choose the code in front of me!
    IBM: You're trying to trick me into giving away something. It won't work.
    SCO: It has worked! You've given everything away! I know where the patents are!
    IBM: Then make your choice.
    SCO: I will, and I choose...[pointing behind IBM] What in the world can that be?
    IBM: [turning around, while SCO switches goblets] What?! Where?! I don't see anything.
    SCO: Oh, well, I...I could have sworn I saw something. No matter. [SCO laughs]
    IBM: What's so funny?
    SCO: I...I'll tell you in a minute. First, lets compile, me from my code and you from yours. [They both compile]
    IBM: You guessed wrong.
    SCO: You only think I guessed wrong! That's what's so funny! I switched branches when your back was turned! Ha ha, you fool!!

    --
    -- I'd say your post was about 3 monkeys, 18 minutes.
    1. Re:OT: (You forgot the best part....) by cyril3 · · Score: 2

      Ah yes, The Princess Bride; truly a film for children of all ages.

    2. Re:OT: (You forgot the best part....) by Ibix · · Score: 5, Funny
      5 * (c) 1998-99, 2000 Ingo Molnar
      "My name is Ingo Molnar. You steal my source code! Prepare to die!" Sorry...
    3. Re:OT: (You forgot the best part....) by adric · · Score: 3, Funny
      "My name is Ingo Molnar. You steal my source code! Prepare to die!"
      Shouldn't that be "Prepare to vi!"?
      --
      not plane, nor bird, nor even frog...
  63. Boycott SCO's lawyers by wytcld · · Score: 2, Interesting

    The ethics of criminal defense are clear: Everyone accused of a crime deserves good representation. So there's nothing wrong with a lawyer willing to defend those accused of the worst crimes; indeed, something to commend.

    But the ethics of civil offense are quite different: There is no inherent right to abuse our legal system and attack the innocent through it on false charges. Judges can - and we hope they will in this case - sanction the lawyers who enable such actions. But even beyond that, the lawyers working with SCO deserve complete sanction by civil society, and particularly by the tech industry they are trying to carve a niche out for themselves in. We must make it very clear that any company which hires them in the future will be subject to boycott. Any news organization which hires them for commentary - on anything - will be subject to boycott. Anyone who invites them to attend their party or join their club will be subject to boycott. We must learn to see them as tainted by their association with SCO in a way which in which a criminal defense attorney should not be seen as tainted. We must treat them as the moral equals of child abusers and meth manufacturers, and give them the same cold welcome in our neighborhoods.

    --
    "with their freedom lost all virtue lose" - Milton
  64. Could be the Scheduler Code by NZheretic · · Score: 4, Informative
    Both Caldera and old SCO employees were heavily involved in the development of Linux as a enterprise scale platform. ( As if you haven't read about the Trillian Project which ported Linux to Intel's IA-64 processors...
    http://twiki.iwethey.org/twiki/bin/view/Main/Trill ianProject )

    Dr. Stefan Hildemann claims to have had a chance to see SCO's code show without having to sign the NDA; he has posted his impressions (in German).
    http://forum.golem.de/phorum/read.php?f=44&i=1774& t=1716
    Thanks to Robert Taylor this English translation of the posting

    ... The crunch, however, is a function of the scheduler, which is, over a length of about 60 lines, indeed identical except for slight differences. In this section, there is also a whole lot of corresponding comments...
    Well, one of the core SCO developer responsible for the development of the SCO Groups current Unix Intel port, also contributed to the Linux kernel. Compare this post of Jun's including the comments
    http://www.geocrawler.com/archives/3/5312/2001/1/0 /5052740/
    To this actual part of the Linux 2.4 kernel
    http://lxr.linux.no/source/kernel/sched.c?v=2.4.18 ;a=ia64#L229
    and consider the comment of Dr.Stefan Hildemann.

    This raises more interesting questions. Since the SMP scheduler in question was specifically written directly for Linux kernel, and both Caldera/SCO employees only added patches, does it not seem more likely that if there is common source and comment then it is likely that the source in question was copied from GPL'ed Linux source to The SCO Groups own Unix?

  65. The latest SCO letter to Linux users by hdparm · · Score: 4, Funny
    DEAR SIR/MADAM:

    I AM MR. DARL MCBRIDE CURRENTLY SERVING AS THE PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE SCO GROUP, FORMERLY KNOWN AS CALDERA SYSTEMS INTERNATIONAL, IN LINDON, UTAH, UNITED STATES OF AMERICA. I KNOW THIS LETTER MIGHT SURPRISE YOUR BECAUSE WE HAVE HAD NO PREVIOUS COMMUNICATIONS OR BUSINESS DEALINGS BEFORE NOW.

    MY ASSOCIATES HAVE RECENTLY MADE CLAIM TO COMPUTER SOFTWARES WORTH AN ESTIMATED $1 BILLION U.S. DOLLARS. I AM WRITING TO YOU IN CONFIDENCE BECAUSE WE URGENTLY REQUIRE YOUR ASSISTANCE TO OBTAIN THESE FUNDS.

    IN THE EARLY 1970S THE AMERICAN TELEPHONE AND TELEGRAPH CORPORATION DEVELOPED AT GREAT EXPENSE THE COMPUTER OPERATING SYSTEM SOFTWARE KNOWN AS UNIX. UNFORTUNATELY THE LAWS OF MY COUNTRY PROHIBITED THEM FROM SELLING THESE SOFTWARES AND SO THEIR VALUABLE SOURCE CODES REMAINED PRIVATELY HELD. UNDER A SPECIAL ARRANGEMENT SOME PROGRAMMERS FROM THE CALIFORNIA UNIVERSITY OF BERKELEY DID ADD MORE CODES TO THIS OPERATING SYSTEM, INCREASING ITS VALUE, BUT NOT IN ANY WAY TO DILUTE OR DISPARAGE OUR FULL AND RIGHTFUL OWNERSHIP OF THESE CODES, DESPITE ANY AGREEMENT BETWEEN AMERICAN TELEPHONE AND TELEGRAPH AND THE CALIFORNIA UNIVERSITY OF BERKELEY, WHICH AGREEMENT WE DENY AND DISAVOW.

    IN THE YEAR 1984 A CHANGE OF REGIME IN MY COUNTRY ALLOWED THE AMERICAN TELEPHONE AND TELEGRAPH CORPORATION TO MAKE PROFITS FROM THESE SOFTWARES. IN THE YEAR 1990 OWNERSHIP OF THESE SOFTWARES WAS TRANSFERRED TO THE CORPORATION UNIX SYSTEM LABORATORIES. IN THE YEAR 1993 THIS CORPORATION WAS SOLD TO THE CORPORATION NOVELL. IN THE YEAR 1994 SOME EMPLOYEES OF NOVELL FORMED THE CORPORATION CALDERA SYSTEMS INTERNATIONAL, WHICH BEGAN TO DISTRIBUTE AN UPSTART OPERATING SYSTEM KNOWN AS LINUX. IN THE YEAR 1995 NOVELL SOLD THE UNIX SOFTWARE CODES TO SCO. IN THE YEAR 2001 OCCURRED A SEPARATION OF SCO, AND THE SCO BRAND NAME AND UNIX CODES WERE ACQUIRED BY THE CALDERA SYSTEMS INTERNATIONAL, AND IN THE FOLLOWING YEAR THE CALDERA SYSTEMS INTERNATIONAL WAS RENAMED SCO GROUP, OF WHICH I CURRENTLY SERVE AS CHIEF EXECUTIVE OFFICER.

    MY ASSOCIATES AND I OF THE SCO GROUP ARE THEREFORE THE FULL AND RIGHTFUL OWNERS OF THE OPERATING SYSTEM SOFTWARES KNOWN AS UNIX. OUR ENGINEERS HAVE DISCOVERED THAT NO FEWER THAN SEVENTY (70) LINES OF OUR VALUABLE AND PROPRIETARY SOURCE CODES HAVE APPEARED IN THE UPSTART OPERATING SYSTEM LINUX. AS YOU CAN PLAINLY SEE, THIS GIVES US A CLAIM ON THE MILLIONS OF LINES OF VALUABLE SOFTWARE CODES WHICH COMPRISE THIS LINUX AND WHICH HAS BEEN SOLD AT GREAT PROFIT TO VERY MANY BUSINESS ENTERPRISES. OUR LEGAL EXPERTS HAVE ADVISED US THAT OUR CONTRIBUTION TO THESE CODES IS WORTH AN ESTIMATED ONE (1) BILLION U.S. DOLLARS.

    UNFORTUNATELY WE ARE HAVING DIFFICULTY EXTRACTING OUR FUNDS FROM THESE COMPUTER SOFTWARES. TO THIS EFFECT I HAVE BEEN GIVEN THE MANDATE BY MY COLLEAGUES TO CONTACT YOU AND ASK FOR YOUR ASSISTANCE. WE ARE PREPARED TO SELL YOU A SHARE IN THIS ENTERPRISE, WHICH WILL SOON BE VERY PROFITABLE, THAT WILL GRANT YOU THE RIGHTS TO USE THESE VALUABLE SOFTWARES IN YOUR BUSINESS ENTERPRISE. UNFORTUNATELY WE ARE NOT ABLE AT THIS TIME TO SET A PRICE ON THESE RIGHTS. THEREFORE IT IS OUR RESPECTFUL SUGGESTION, THAT YOU MAY BE IMMEDIATELY A PARTY TO THIS ENTERPRISE, BEFORE OTHERS ACCEPT THESE LUCRATIVE TERMS, THAT YOU SEND US THE NUMBER OF A BANKING ACCOUNT WHERE WE CAN WITHDRAW FUNDS OF A SUITABLE AMOUNT TO GUARANTEE YOUR PARTICIPATION IN THIS ENTERPRISE. AS AN ALTERNATIVE YOU MAY SEND US THE NUMBER AND EXPIRATION DATE OF YOUR MAJOR CREDIT CARD, OR YOU MAY SEND TO US A SIGNED CHECK FROM YOUR BANKING ACCOUNT PAYABLE TO "SCO GROUP" AND WITH THE AMOUNT LEFT BLANK FOR US TO CONVENIENTLY SUPPLY.

    KINDLY TREAT THIS REQUEST AS VERY IMPORTANT AND STRICTLY CONFIDENTIAL. I HONESTLY ASSURE YOU THAT THIS TRANSACTION IS 100% LEGAL AND RISK-FREE.

  66. Re:The End is Near by joebeone · · Score: 2, Funny

    Man someone should doctor up this photo so that Slashdot would have two borg icons... we could replace caldera with the SCO-mcbride-borg adaptation... if only I was an artist.

  67. The SCOp Opera by Reziac · · Score: 2, Funny
    Actually, at this point, I'm expecting SCO to sue God or something like that, since his "creation" incorporates works derivative of Unix.

    Nah... God will just countersue, because in making UNIX, SCO incorporates works derivative of "creation". ;)

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  68. I'm going to sound like RMS here... Don't hate me. by Chordonblue · · Score: 2, Insightful

    I know I'm going to sound like RMS here but the fact is, Free software really is free for EVERYONE - even those we happen to hate today.

    You know, there was a time, not too long ago many of us disliked IBM and their tactics. In fact, that may one day happen again. If we set a precident now where you can revoke a GPL'd license just because you don't like someone, where does it stop?

    Free software is FREE. SCO is hanging themselves by it and here's why:

    Let them use GCC. Let them use Samba. LET THEM! ANY market acceptance of these free products is good PR for these projects on ANY platform - free or otherwise. This is because any platform in competition can then say, "Our version of Linux running Samba 3.x offers the same benefits as SCO's Openserver, except ours costs half the price."

    I know we're all in agreement here about how we feel about Darl(ing) McBride and his band of merry lawyers. But they will get what is coming to them if we stick to the GPL. It's worked so far and this long because there's no fighting it when the playfield is even. SCO can't say they didn't agree to the terms of the GPL when they, to this day, continue to release code under it. Sometimes the best offense is a good defense.

    And RMS, if you're listening out there, you can tell all your detractors for me to STFU. At least there's still someone alive that sticks to their principles and I respect that.

    --
    "...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
  69. Pattern Recognition Experts by Catharz · · Score: 2, Funny

    "McBride said pattern-recognition experts SCO hired have ferreted out a slew of infringing code in Linux."

    Hey, they've got one's and zero's all through their code just like ours. They must have copied it! $$$

    --
    To know that you know what you know, and that you do not know what you do not know, that is true wisdom. --Scooby Doo
  70. http://www.sco.com/2003forum/sponsors.html is 404? by mdupont · · Score: 2, Interesting

    http://www.sco.com/2003forum/sponsors.html
    It seems that SCO has really big problems with sponsors. The sponsor page is done.

    --
    Introspection is the key to understanding
  71. Re:SCO vs. Linux: Now screenshots by kieltux · · Score: 2, Informative

    Ok, and when you use Google to search for the code on the 1st screenshot, you will get this a one of the results:
    http://minnie.tuhs.org/UnixTree/32VKern/ usr/src/sy s/sys/malloc.c.html
    Explantion to source is here:
    http://minnie.tuhs.org/UnixTree/32VKern/
    " 32V was a port of Seventh Edition UNIX to the new VAX platform, which had been released by DEC in 1979. "

    But SCO says this code is stolen from them...

    This message is not my effort. I found it here:
    http://www.heise.de/newsticker/foren/go.sht ml?read =1&msg_id=4021407&forum_id=46245

  72. Lanham Act by TheConfusedOne · · Score: 2, Insightful

    Actually, it is going to be relatively easy for IBM to put the big slap-down on SCO. The Lanham Act specifically goes towards finding against companies that make knowingly false statements that injure another company.

    In IBM's case you have SCO's press release claiming that they pulled the AIX license when in fact Novell contractually forbade SCO from doing any such thing.

    --
    --- I wish I could hear the soundtrack to my life. That way I'd know when to duck.
  73. Brilliant, put I think the other part... by TheConfusedOne · · Score: 3, Funny

    ...would have been better.

    Anyone have the script to the "To The Pain" section? That sounds more like what IBM is going to be doing to SCO.

    I can see it now...

    IBM: First, I'll drive down the value of your stock. Then, I'll raid your entire patent portfolio...

    SCO: Yes, then you'll drive us into bankruptcy...

    IBM: No, your company I shall leave intact so that every business who worked with you can stare upon your hideousness and say, "My god, what a hideous company"...

    Or something like that.

    --
    --- I wish I could hear the soundtrack to my life. That way I'd know when to duck.
    1. Re:Brilliant, put I think the other part... by Specter · · Score: 2, Funny

      Ok, you asked for it:

      IBM lies as before, not a muscle has moved, his head is still on the headboard, Yellin's sword at his side. Linux is alongside the bed; her eyes never leave his face.

      Linux: Oh, IBM, will you ever forgive me?

      IBM: What hideous sin have you committed lately?

      Linux: I got 0wn3d. I didn't want to. It all happened so fast.

      IBM: It never happened.

      Linux: What?

      IBM: It never happened.

      Linux: But it did. I was there. Darl said, "All your code are belong to us."

      IBM: Did SCO win its lawsuit?

      BUTTERCUP: Well, no, we sort of skipped that part.

      IBM: Then you're not 0wn3d-- if Chewbacca has fur you must acquit (a pause) -- wouldn't you agree, Your Slimy-ness?

      CUT TO: Darl, entering the room, staring at them. He pulls out his sword, Boies.

      Darl: A technicality that will shortly be remedied. But first things first. To the death.

      IBM: No. (a little pause) To the pain.

      Darl: (about to charge, stops short) I don't think I'm quite familiar with that phrase.

      IBM: I'll explain. And I'll use small words so that you'll be sure to understand, you wart-hog-faced buffoon.

      Darl: That may be the first time in my life a man has dared insult me.

      IBM: It won't be the last. To the pain means the first thing you lose will be your so-called trade secrets, below the ankles, then your copyrights at the wrists, next your patents.

      Darl: -- and then my trademarks, I suppose. I sued you too slowly the last time, a mistake I don't mean to duplicate tonight.

      IBM: I wasn't finished -- the next thing you lose will be your market capitalization, followed by your investors--

      Darl: (takes step forward) -- and then my customers, I understand. Let's get on with it --

      IBM: Wrong! Your customers you keep, and I'll tell you why --

      CUT TO: Darl. And now he stops, and the look that was in his eyes at the wedding, that look of fear, is starting to return.

      IBM: -- so that every shriek of every CIO at seeing your hideousness will be yours to cherish -- every IT manager that weeps at your approach, every system administrator who cries out, "Dear God, what is that thing?" will echo in the ears of your perfect customers. That is what "to the pain" means. It means I leave you in anguish, wallowing in freakish misery forever.

      CUT TO: Darl, doing his best to hide the fear that keeps building inside him.

      Darl: I think you're bluffing --

      IBM: It's possible, pig -- I might be bluffing -- it's conceivable, you miserable vomitous mass, that I'm only suing you for infringment of four of my patents because I lack the interest in finding the thousands of others -- then again, perhaps I have the interest after all.

      And now, slowly, IBM begins to move. His body turns, his feet go to the floor, he starts to stand --

      CUT TO: Darl, staring, eyes wide.

      CUT TO: IBM. And now he is standing, lawyers in fighting position.

      IBM: -- DROP YOUR LAWSUIT!

  74. Re:The End is Near by McPierce · · Score: 2, Interesting

    Man someone should doctor up this photo so that Slashdot would have two borg icons... we could replace caldera with the SCO-mcbride-borg adaptation...

    Nah, not the Borg. Either the Ferengi or the Pakleds ("you are smart...we look for things that make us go...")

    --
    Darryl L. Pierce "What do you care what people think, Mr. Feynman?"